Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules 33161 

2015 and September 25, 2015. This 

revision establishes sulfur in fuel oil 

content limits for use in stationary 

sources. In addition, the submittal 

includes minor clarifying revisions to 

the methods for sampling, emission 

testing, sample analysis, and reporting. 

The intended effect of this action is to 

propose approval of these requirements 

into the Connecticut SIP. This action is 

being taken under the Clean Air Act. 

DATES: Written comments must be 

received on or before June 24, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2014–0364 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: arnold.anne@epa.gov. 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2014–0364, 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Quality Planning Unit, 5 

Post Office Square—Suite 100, (Mail 

code OEP05–2), Boston, MA 02109– 

3912. 

5. Hand Delivery or Courier: Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 

Office of Ecosystem Protection, Air 

Quality Unit, 5 Post Office Square— 

Suite 100, (mail code OEP05–2), Boston, 

MA 02109–3912. Such deliveries are 

only accepted during the Regional 

Office’s normal hours of operation. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding legal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2014– 

0364. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 

www.regulations.gov, or email, 

information that you consider to be CBI 

or otherwise protected. The 

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 email comment directly 

to EPA without going through 

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 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. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

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

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Quality Planning Unit, 5 

Post Office Square—Suite 100, Boston, 

MA. EPA requests that if at all possible, 

you contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

In addition, copies of the state 

submittal are also available for public 

inspection during normal business 

hours, by appointment at the State Air 

Agency; Bureau of Air Management, 

Department of Energy and 

Environmental Protection, State Office 

Building, 79 Elm Street, Hartford, CT 

06106–1630. 

FOR FURTHER INFORMATION CONTACT: 

Anne K. McWilliams, Air Quality 

Planning Unit, U.S. Environmental 

Protection Agency, New England 

Regional Office, 5 Post Office Square— 

Suite 100, (Mail code OEP05–2), Boston, 

MA 02109–3912, telephone (617) 918– 

1697, facsimile (617) 918–0697, email 

mcwilliams.anne@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules Section of this Federal 

Register, EPA is approving the State’s 

SIP submittals as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

For additional information, see the 

direct final rule which is located in the 

Rules Section of this Federal Register. 

Dated: November 5, 2015. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2016–12118 Filed 5–24–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R06–OAR–2015–0721; FRL–9946–85– 

Region 6] 

Clean Air Act Redesignation Substitute 

for the Dallas-Fort Worth 1-Hour Ozone 

and 1997 8-Hour Ozone Nonattainment 

Areas; Texas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

redesignation substitute and make a 

finding of attainment for both the 1-hour 

ozone and the 1997 8-hour ozone 

National Ambient Air Quality Standards 

(NAAQS) for the Dallas-Fort Worth 

nonattainment area (DFW area). The 

redesignation substitute demonstration 

states that the area has attained both the 

revoked 1-hour ozone and the revoked 

1997 8-hour ozone NAAQS due to 

permanent and enforceable emission 

reductions, and that it will maintain 

those NAAQS for ten years from the 

date of the EPA’s approval of this 

demonstration. Final approval of the 

redesignation substitute will result in 

the area no longer being subject to any 

remaining applicable anti-backsliding 

requirements and the nonattainment 


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33162 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules 

new source review (NNSR) 

requirements associated with the 

revoked NAAQS. In general, final 

approval of the redesignation substitute 

would allow Texas to seek to revise the 

Texas SIP for the area to remove antibacksliding measures from the active 

portion of its SIP if it can demonstrate, 

pursuant to the Clean Air Act (CAA) 

section 110(1), that such revision would 

not interfere with attainment or 

maintenance of any applicable NAAQS, 

or any other requirement of the CAA. 

However, the EPA believes that in this 

instance, Texas does not need to revise 

its SIP to alter certain provisions for 

NNSR effective in the DFW area. 

DATES: Written comments must be 

received on or before June 24, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2015–0721, at http://

www.regulations.gov or via email to 

Donaldson.tracie@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. Tracie Donaldson, (214) 

665–6633, Donaldson.tracie@epa.gov. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

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

commenting-epa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at 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: 

Tracie Donaldson, (214) 665–6633, 

Donaldson.tracie@epa.gov. To inspect 

the hard copy materials, please contact 

Tracie Donaldson. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

In 1979, under section 109 of the 

CAA, EPA established primary and 

secondary NAAQS for ozone at 0.12 

parts per million (ppm) averaged over a 

1-hour period (44 FR 8202, February 8, 

1979). Primary standards are set to 

protect human health while secondary 

standards are set to protect public 

welfare. In 1997 we revised the primary 

and secondary NAAQS for ozone to set 

the acceptable level of ozone in the 

ambient air at 0.08 ppm, averaged over 

an 8-hour period (62 FR 38856, July 18, 

1997). In 2008 we revised the primary 

and secondary ozone NAAQS to 0.075 

ppm, averaged over an 8-hour period 

(73 FR 16436, March 27, 2008). Ozone 

nonattainment areas are classified at the 

time of designation based on the area’s 

‘‘design value’’ (77 FR 30088, 30091, 

May 21, 2012 and CAA section 

181(a)(1)). The design value is 

calculated from air quality data from the 

area for the 3 years preceding 

designation. The possible classifications 

are Marginal, Moderate, Serious, Severe, 

and Extreme. Nonattainment areas with 

a ‘‘lower’’ classification have ozone 

levels that are closer to the NAAQS than 

areas with a ‘‘higher’’ classification. 

The EPA revoked the 1997 ozone 

NAAQS for all purposes effective April 

6, 2015 (80 FR 12264, 12296, March 6, 

2015). In that rule, the EPA established 

a regulatory list of ‘‘applicable 

requirements’’ that would apply as antibacksliding requirements for the 

transition from the 1997 ozone NAAQS 

to the 2008 ozone NAAQS. Id. at 12298– 

99. The rule provides that an area 

initially subject to the anti-backsliding 

obligations for a revoked NAAQS will 

remain so until we approve (1) a 

redesignation to attainment for the area 

for the 2008 ozone NAAQS or (2) a 

‘‘redesignation substitute,’’ which serves 

as a successor to redesignation to 

attainment, for which the area would 

have been eligible were it not for 

revocation. Id. at 12304. As explained 

more fully in the preambles to the 

proposed and final rules, the 

redesignation substitute demonstration 

must show that the area (1) has attained 

that revoked NAAQS due to permanent 

and enforceable emission reductions 

and (2) will maintain that revoked 

NAAQS for 10 years from the date of 

EPA’s approval of the showing. See id. 

at 12303–306; 78 FR 34178, 34222–223. 

The rule also provides that if, after 

notice and comment rulemaking, we 

approve a redesignation substitute for a 

revoked NAAQS, the state may request 

to revise its SIP to revise or remove 

provisions for NNSR for that revoked 

NAAQS and that other anti-backsliding 

obligations for that revoked NAAQS be 

shifted to contingency measures, 

provided that such action is consistent 

with CAA sections 110(l) and 193 (40 

CFR 51.1105(b)(2)). 

The DFW four-county 1-hour ozone 

nonattainment area consists of Collin, 

Dallas, Denton and Tarrant Counties. 

Under the 1990 CAA Amendments the 

area was classified as a moderate ozone 

nonattainment area for the 1-hour ozone 

NAAQS (November 6, 1991, 56 FR 

56694 and CAA section 181(a)(1)). On 

March 20, 1998, we reclassified the 

four-county DFW nonattainment area to 

Serious (63 FR 8128). As discussed 

below, ambient air quality monitoring 

data for ozone indicates that the area 

attained and is continuing to maintain 

the 1-hour ozone standard. 

The DFW nine-county 1997 8-hour 

ozone nonattainment area consists of 

Collin, Dallas, Denton, Ellis, Johnson, 

Kaufman, Parker, Rockwall and Tarrant 

counties. On April 30, 2004, the EPA 

designated and classified the ninecounty DFW nonattainment area as a 

Moderate nonattainment area under the 

1997 8-hour ozone standard with an 

attainment date of no later than June 15, 

2010 (see 69 FR 23858 and 69 FR 23951) 

On December 20, 2010, we reclassified 

the nine-county DFW nonattainment 

area as Serious (75 FR 79302). As 

discussed below, ambient air quality 

monitoring data for ozone indicates that 

the area attained and is continuing to 

maintain the 1997 8-hour ozone 

standard. 

Texas provided the ‘‘Redesignation 

Substitute Report for the Dallas-Fort 

Worth (DFW) One-Hour and 1997 EightHour Ozone Standard Nonattainment 

Areas’’ (redesignation substitute report) 

to EPA on August 18, 2015. The 

submission also requested that EPA 

concur that the NNSR provisions 

relevant to the revoked 1997 ozone 

NAAQS would no longer apply. The 

report is available through 

www.regulations.gov (e-docket EPA– 

R06–OAR–2015–0609). 

II. EPA’s Evaluation of the DFW 

Redesignation Substitute Report for the 

1-Hour Ozone NAAQS 

To determine whether we should 

approve the 1-hour ozone redesignation 

substitute for the DFW area we 

evaluated the redesignation substitute 

report provided by Texas and the 

ambient ozone data for the area in the 


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EPA Air Quality System (AQS) 

database. To evaluate the report we used 

the applicable portions of our 

September 4, 1992 memo ‘‘Procedures 

for Processing Requests to Redesignate 

Areas to Attainment’’ (www.epa.gov/ttn/ 

oarpg/t5/memoranda/

redesignmem090492.pdf). A detailed 

discussion of our evaluation can be 

found in the Technical Support 

Document (TSD) for this action. The 

TSD can be accessed through 

www.regulations.gov (e-docket EPA– 

R06–OAR–2015–0721). 

A. Has the area attained the revoked 1- 

hour ozone NAAQS due to permanent 

and enforceable emission reductions? 

In a previous action we found that the 

DFW area had attained the 1-hour ozone 

standard (73 FR 61357). Ambient air 

quality found in the AQS database 

shows that the DFW area attained the 1- 

hour ozone standard at the end of 2006 

and subsequent years and preliminary 

data from 2015 indicate that the area has 

continued to maintain the standard 

(Table 1). 

TABLE 1—1-HOUR DESIGN VALUES

FOR THE DFW FOUR-COUNTY NONATTAINMENT AREA

Years 

1-Hour 

ozone 

design 

value 

2004–2006 .................................... 124 ppb. 

2005–2007 .................................... 124 ppb. 

2006–2008 .................................... 118 ppb. 

2007–2009 .................................... 115 ppb. 

2008–2010 .................................... 110 ppb. 

2009–2011 .................................... 110 ppb. 

2010–2012 .................................... 108 ppb. 

2011–2013 .................................... 108 ppb. 

2012–2014 .................................... 102 ppb. 

Preliminary 2013–2015 ................ 102 ppb. 

In 2006, all monitors in the DFW area 

had expected exceedances less than the 

threshold of 1.0 per year. A more 

detailed table of expected 1-hour ozone 

exceedances for the DFW monitors 

based on ozone data can be found in the 

TSD. 

The DFW area redesignation 

substitute report provides information 

on emissions of nitrogen oxides (NOX) 

and volatile organic compounds (VOCs) 

and regulations that reduced these 

emissions. NOX and VOCs are ozone 

precursors. Texas identified control 

measures implemented as part of its 

attainment demonstration SIP that led to 

permanent and enforceable emissions 

reductions. Additionally, we have 

approved SIPs for the DFW area that 

document continuous emissions 

reductions due to permanent and 

enforceable measures for the 1-hour and 

1997 8-hour ozone standards (62 FR 

27964, May 22, 1997; 70 FR 18993 April 

12, 2005; 73 FR 58475, October 7, 2008; 

79 FR 67068, November 12, 2014). The 

TCEQ has implemented stringent and 

innovative regulations that address 

emissions of NOX and VOCs. These 

include, but are not limited to: 

• DFW Industrial, Commercial and 

Industrial (ICI) Major and Minor New 

Source Rules to control NOX from 

multiple source categories. For Major 

sources, first implemented in the ninecounty area on March 1, 2009 or March 

1, 2010, depending on the source 

category. On January 1, 2017, Wise 

County will be added and control 

requirements for wood-fired boilers will 

also be added in all ten counties. For 

Minor sources, implemented in the 

nine-county area on March 1, 2009 for 

rich-burn gas-fired engines, diesel-fired 

engines, and dual-fuel engines; March 1, 

2010 for lean-burn gas-fired engines. 

• DFW Major Utility Electric 

Generation Source Rule to control NOX. 

First implemented in March 2009, Wise 

County to be in added in January 2017. 

• VOC Control Measures requiring 

reasonably available control technology 

(RACT) for VOC sources. First 

implemented in 2002 with counties 

added in 2002, 2009 and Wise County 

to be added in 2017. 

• Vehicle Inspection and 

Maintenance implemented in Collin, 

Dallas, Denton and Tarrant Counties in 

2002 and then expanded to Ellis 

Johnson, Kaufman, Parker and Rockwall 

Counties in 2003. 

• Federal Area Non-road emissions 

limits are being phased in through 2018. 

• Federal On-road emissions limits 

are being phased in through 2025. 

Given our previous actions approving 

Texas SIPs pertaining to permanent and 

enforceable measures, we agree with 

Texas’ conclusion that the area has 

attained the revoked 1-hour ozone 

NAAQS due to permanent and 

enforceable emission reductions. Many 

others are listed and a more detailed 

review can be found in the TSD. 

B. Will the area maintain the revoked 

1-hour ozone NAAQS for 10 years from 

the date of our approval? 

To demonstrate that the DFW area 

will maintain the revoked 1-hour ozone 

NAAQS for 10 years from the date of 

our approval of the redesignation 

substitute, the redesignation substitute 

report provided information on 

projected emissions of ozone precursors 

for the four-county DFW 1-hour ozone 

NAAQS nonattainment area (Tables 2 

and 3). The emission projections show 

that (1) NOX and VOC emissions will 

continue to decrease through 2028. We 

reviewed this information and agree 

with the conclusion that the area will 

maintain the revoked 1-hour ozone 

NAAQS for 10 years from the date of 

our approval. More detail on our review 

can be found in the TSD. 

TABLE 2—NOX EMISSION PROJECTIONS FOR FOUR-COUNTY DFW AREA

[Tons per day] 

Category 2012 2014 2017 2020 2023 2026 2028 

Point Sources ............... 8.47 8.79 29.47 29.57 29.65 29.71 29.76 

Area Sources ............... 28.54 29.41 27.79 25.96 24.9 24.68 24.68 

On-Road Mobile 

Sources (MOVES 

2014) ........................ 171.2 147.42 96.74 69.67 54.44 43.33 38.83 

Non-Road Mobile 

Sources .................... 76.95 72.29 61.56 53.31 48.87 46.36 45.66 

Total ...................... 285.16 257.91 215.56 178.51 157.86 144.08 138.93 


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TABLE 3—VOC EMISSION PROJECTIONS FOR FOUR-COUNTY DFW AREA

[Tons per day] 

Category 2012 2014 2017 2020 2023 2026 2028 

Point Sources ............... 11.11 11.02 11.52 11.71 11.86 11.99 12.08 

Area Sources ............... 218.9 224.51 218.56 211.43 209.81 210.69 211.77 

On-Road Mobile 

Sources (MOVES 

2014) ........................ 78.56 71.20 55.59 46.81 41.53 35.85 32.94 

Non-Road Mobile 

Sources .................... 41.39 36.48 32.59 31.08 31.04 31.52 32.08 

Total ...................... 349.96 343.21 318.26 301.03 294.24 290.05 288.87 

III. EPA’s Evaluation of the DFW 

Redesignation Substitute Report for the 

1997 8-Hour Ozone NAAQS 

To determine whether we should 

approve the 1997 8-hour ozone 

redesignation substitute for the DFW 

area we evaluated the redesignation 

substitute report provided by Texas and 

the ambient ozone data for the area in 

the EPA Air Quality System (AQS) 

database. To evaluate the report we used 

the applicable portions of our 

September 4, 1992 memo ‘‘Procedures 

for Processing Requests to Redesignate 

Areas to Attainment’’ (www.epa.gov/ttn/ 

oarpg/t5/memoranda/

redesignmem090492.pdf). A detailed 

discussion of our evaluation can be 

found in the TSD for this action. The 

TSD can be accessed through 

www.regulations.gov (e-docket EPA– 

R06–OAR–2015–0721). 

A. Has the area attained the revoked 

1997 8-hour ozone NAAQS due to 

permanent and enforceable emission 

reductions? 

In a previous action we found that the 

DFW area had attained the 1997 8-hour 

ozone standard (80 FR 52630). Ambient 

air quality found in the AQS database 

shows that the DFW area attained the 

1997 8-hour ozone standard at the end 

of 2014 and preliminary data indicate 

that the area has continued to maintain 

the standard (Table 4). 

TABLE 4—8-HOUR DESIGN VALUES

FOR THE DFW AREA

Years 

8-Hour 

ozone 

design 

value 

2012–2014 .................................... 84 ppb. 

Preliminary 2013–2015 ................ 83 ppb. 

In 2014, all monitors in the DFW area 

reported 8-hour ozone values of 84 ppb 

or less. A more detailed table of 8-hour 

ozone values for the DFW monitors can 

be found in the TSD. 

The DFW area redesignation 

substitute report provides information 

on emissions of NOX and VOCs and 

regulations that reduced these 

emissions. Texas identified control 

measures for both the 1-hour ozone and 

the 1997 8-hour ozone NAAQS that led 

to permanent and enforceable emission 

reductions. In our evaluation of the 1- 

hour ozone NAAQS, we list several 

existing measures in the DFW area. 

Please see that evaluation and the TSD 

for more detailed information. Given 

our previous actions approving Texas 

SIPs pertaining to permanent and 

enforceable measures, we agree with 

Texas’ conclusion that the area has 

attained the 1997 8-hour ozone NAAQS 

due to permanent and enforceable 

emission reductions. The TCEQ has 

implemented stringent and innovative 

regulations that address emissions of 

NOX and VOCs. Some of these are listed 

above as well as many others that can 

be found in the TSD in Section C. 

Permanent and Enforceable Emissions 

Controls Implemented 

B. Will the area maintain the revoked 

1997 8-hour ozone NAAQS for 10 years 

from the date of our approval? 

To demonstrate that the DFW area 

will maintain the revoked 1997 8-hour 

ozone NAAQS for 10 years from the 

date of our approval of the redesignation 

substitute, the Texas report provided 

information on projected emissions of 

ozone precursors for the nine-county 

1997 ozone NAAQS nonattainment area 

(Tables 5 and 6). The emission 

projections show that both NOX and 

VOC emissions will continue to 

decrease through 2028. We reviewed 

this information and agree with the 

conclusion that the area will maintain 

the revoked 1997 8-hour ozone NAAQS 

for 10 years from the date of our 

approval. More detail on our review can 

be found in the TSD. 

TABLE 5—NOX EMISSION PROJECTIONS FOR NINE-COUNTY DFW AREA

[Tons per day] 

Category 2012 2014 2017 2020 2023 2026 2028 

Point Sources ............... 30.80 31.25 62.38 62.49 62.57 62.64 62.71 

Area Sources ............... 33.60 34.77 32.01 28.98 27.37 26.97 26.93 

On-Road Mobile 

Sources .................... 216.74 188.65 129.19 95.95 77.87 64.62 59.75 

Non-Road Mobile 

Sources .................... 92.98 86.83 72.83 62.10 56.21 52.71 51.55 

Total ...................... 374.12 341.50 296.41 249.52 224.02 206.94 200.94 


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Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules 33165 

1See Final Implementation Rule for 2008 Ozone 

Standard, 80 FR 12264, at 12299, footnote 83 and 

at 12304, footnote 91. 

TABLE 6—VOC EMISSION PROJECTIONS FOR NINE-COUNTY DFW AREA

[tons per day] 

Category 2012 2014 2017 2020 2023 2026 2028 

Point Sources ............... 27.66 28.61 29.46 29.97 30.41 30.82 31.10 

Area Sources ............... 265.43 273.08 260.19 245.76 241.13 241.19 242.15 

On-Road Mobile 

Sources .................... 92.17 83.75 65.62 55.36 49.21 42.70 39.49 

Non-Road Mobile 

Sources .................... 46.87 41.34 36.73 34.78 34.55 35.00 35.53 

Total ...................... 432.13 426.78 392.00 365.87 355.30 349.71 348.27 

IV. Proposed Action 

Based on the CAA’s criteria for 

redesignation to attainment (CAA 

section 107(d)(3)(E)) and the regulation 

providing for a redesignation substitute 

(40 CFR 51.1105(b)), EPA is proposing 

to approve the redesignation substitute 

for the DFW area for both the revoked 

1-hour ozone and the revoked 1997 8- 

hour ozone NAAQS due to permanent 

and enforceable emission reductions, 

and that it will maintain those NAAQS 

for ten years from the date of the EPA’s 

approval of this demonstration. If EPA 

finalizes approval of the redesignation 

substitute, the DFW area would no 

longer be subject to any remaining 

applicable anti-backsliding 

requirements and the NNSR 

requirements associated with the 

revoked NAAQS. It would also allow 

the state to request a SIP revision to 

shift anti-backsliding obligations for the 

revoked ozone NAAQS to contingency 

measures provided that such action is 

consistent with CAA sections 110(1) 

and 193 (if applicable). 

Texas’s redesignation substitute 

report also requested that EPA concur 

that the NNSR provisions relevant to the 

revoked 1-hour ozone NAAQS and the 

revoked 1997 8-hour ozone NAAQS 

would no longer apply. As explained 

previously, if we approve a 

redesignation substitute, the state may 

request to revise its SIP to revise or 

remove provisions for NNSR for the 

revoked standard, provided that such 

action is consistent with CAA sections 

110(l) and 193 (40 CFR 51.1105(b)(2)). 

However, the EPA believes that in this 

instance, Texas does not need to revise 

its SIP to alter some of the provisions for 

NNSR effective in the DFW area. The 

EPA reads Texas’s NNSR SIP 

designations and classifications (and 

thus the related major source thresholds 

and offset ratios) to adjust as 40 CFR 

part 81 is updated and does not require 

further action by Texas if EPA were to 

finalize the redesignation substitute 

proposed here. This is explained in 

detail in Section D of the TSD. Because 

the DFW area is classified as Moderate 

nonattainment for the 2008 ozone 

NAAQS (as of the date of this Proposal), 

if the EPA finalizes this redesignation 

substitute, we believe that Texas’s 

NNSR program would automatically 

change to requirements applicable for 

moderate areas in accordance with the 

DFW area classification for the 2008 

ozone NAAQS for newly permitted 

sources. We note that finalization of this 

redesignation substitute does not relieve 

sources in the area of their obligations 

under previously established permit 

conditions.1

V. Statutory and Executive Order 

Reviews 

Under Executive Orders 12866 (58 FR 

51735, October 4, 1993) and 13563 (76 

FR 3821, January 21, 2011), this action 

is not a ‘‘significant regulatory action’’ 

and therefore is not subject to review by 

the Office of Management and Budget. 

For this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely proposes 

to approve a demonstration provided by 

the State of Texas and find that the DFW 

area is no longer subject to the antibacksliding obligations for additional 

measures for the revoked 1-hour ozone 

and the revoked 1997 8-hour ozone 

NAAQS; and imposes no additional 

requirements. Accordingly, I certify that 

this proposed rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this 

proposed rule does not impose any 

additional enforceable duties, it 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). This proposed rule also 

does not have a substantial direct effect 

on one or more Indian Tribes, on the 

relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), nor will 

it have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

proposes to approve a demonstration 

provided by the State of Texas and find 

that the DFW area is no longer subject 

to the anti-backsliding obligations for 

additional measures for the revoked 

1-hour ozone and the revoked 1997 8- 

hour ozone NAAQS; and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the CAA. This proposed rule also is 

not subject to Executive Order 13045 (62 

FR 19885, April 23, 1997), because it is 

not economically significant. 

The proposed rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Additionally, this proposed rule does 

not involve establishment of technical 

standards, and thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

has determined that this proposed rule 


Lhorne on DSK30JT082PROD with PROPOSALS
33166 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules 

will not have disproportionately high 

and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. Additionally, the 

proposed rule is not an economically 

significant regulatory action based on 

health or safety risks subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control. 

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

Dated: May 13, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2016–12229 Filed 5–24–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R06–OAR–2015–0609; FRL–9946–84– 

Region 6] 

Clean Air Act Redesignation Substitute 

for the Houston-Galveston-Brazoria 

1997 8-hour Ozone Nonattainment 

Area; Texas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

redesignation substitute and make a 

finding of attainment for the 1997 8- 

hour ozone National Ambient Air 

Quality Standards (NAAQS) for the 

Houston-Galveston-Brazoria ozone 

nonattainment area (HGB area). The 

redesignation substitute demonstration 

indicates that the area has attained the 

revoked 1997 8-hour ozone NAAQS due 

to permanent and enforceable emission 

reductions and that it will maintain that 

NAAQS for ten years from the date of 

the EPA’s approval of this 

demonstration. Final approval of the 

redesignation substitute will result in 

the area no longer being subject to any 

remaining applicable anti-backsliding 

requirements and the nonattainment 

new source review (NNSR) 

requirements associated with the 

revoked NAAQS. In general, final 

approval of the redesignation substitute 

would allow Texas to seek to revise the 

Texas SIP for the area to remove antibacksliding measures from the active 

portion of its SIP if it can demonstrate, 

pursuant to Clean Air Act (CAA) section 

110(1), that such revision would not 

interfere with attainment or 

maintenance of any applicable NAAQS, 

or any other requirement of the CAA. 

However, the EPA believes that in this 

instance, Texas does not need to revise 

its SIP to alter certain provisions for 

NNSR effective in the HGB area. 

DATES: Written comments must be 

received on or before June 24, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2015–0609, at http://

www.regulations.gov or via email to 

Donaldson.tracie@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. Tracie Donaldson, (214) 

665–6633, Donaldson.tracie@epa.gov. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

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

commenting-epa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at 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: 

Tracie Donaldson, (214) 665–6633, 

Donaldson.tracie@epa.gov. To inspect 

the hard copy materials, please contact 

Tracie Donaldson. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

In 1979, under section 109 of the 

CAA, EPA established primary and 

secondary NAAQS for ozone at 0.12 

parts per million (ppm) averaged over a 

1-hour period (44 FR 8202, February 8, 

1979). Primary standards are set to 

protect human health while secondary 

standards are set to protect public 

welfare. In 1997 we revised the primary 

and secondary NAAQS for ozone to set 

the acceptable level of ozone in the 

ambient air at 0.08 ppm, averaged over 

an 8-hour period (62 FR 38856, July 18, 

1997). In 2008, we revised the primary 

and secondary ozone NAAQS to 0.075 

ppm, averaged over an 8-hour period 

(73 FR 16436, March 27, 2008). Ozone 

nonattainment areas are classified at the 

time of designation based on the area’s 

design value (77 FR 30088, 30091, May 

21, 2012 and CAA section 181(a)(1)). 

The design value is calculated from air 

quality data from the area for the 3 years 

preceding designation. The possible 

classifications are Marginal, Moderate, 

Serious, Severe, and Extreme. 

Nonattainment areas with a ‘‘lower’’ 

classification have design values that 

are closer to the NAAQS than areas with 

a ‘‘higher’’ classification. 

The EPA revoked the 1997 ozone 

NAAQS for all purposes effective April 

6, 2015 (80 FR 12264, 12296, March 6, 

2015). In that rule, the EPA established 

a regulatory list of ‘‘applicable 

requirements’’ that would apply as antibacksliding requirements for the 

transition from the 1997 ozone NAAQS 

to the 2008 ozone NAAQS. Id. at 12298– 

99. The rule provides that an area 

initially subject to the anti-backsliding 

obligations for a revoked NAAQS will 

remain so until we approve (1) a 

redesignation to attainment for the area 

for the 2008 ozone NAAQS or (2) a 

‘‘redesignation substitute’’, which serves 

as a successor to redesignation to 

attainment, for which the area would 

have been eligible were it not for 

revocation. Id. at 12304. As explained 

more fully in the preambles to the 

proposed and final rules, the 

redesignation substitute demonstration 

must show that the area (1) has attained 

the revoked NAAQS due to permanent 

and enforceable emission reductions 

and (2) will maintain that revoked 

NAAQS for 10 years from the date of 

EPA’s approval of the showing. See id. 

at 12303–306; 78 FR 34178, 34222–223. 


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