[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Proposed Rules]
[Pages 64372-64377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22564]
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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.
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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
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact Ms. Wendy Jacques, (214)
665-7395, [email protected]. For the
[[Page 64373]]
full EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the EPA
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available at either location
(e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Ms. Wendy Jacques, (214) 665-7395,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with Ms. Wendy Jacques or Mr. Bill Deese at
(214) 665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document, ``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.
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\1\ See 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.''
\2\ See 77 FR 30088, published May 21, 2012. We refer to the DFW
nonattainment area for the 2008 ozone standard as ``the 10-county
NAA.''
\3\ See 80 FR 12264, published March 6, 2015.
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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).
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\4\ For additional information on ozone, please see the TSD and
visit www.epa.gov/groundlevelozone.
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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\
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\5\ A 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.
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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.
[[Page 64374]]
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.
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\6\ Under 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.
Table 1--Previously Approved (80 FR 9204) and Revised RFP Base Year EIs
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NOX VOC
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Source type Approved at 80 Submitted Approved at 80 Submitted
FR 9204 revisions * FR 9204 revisions *
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2011 Base Year Inventory for the DFW Ten-County Nonattainment Area (tpd)
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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
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* 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.
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\7\ See 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.
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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\
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\8\ To cross-reference the calculations in these two tables,
please see Tables 3, 4 and 5 in the TSD for this proposal.
[[Page 64375]]
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 2.87 -4.45
2011-2017..............................
c. 2017 Adjusted Base Year EI (row a 411.65 450.24
minus row b)...........................
d. Percent of NOX and VOC to meet 15% 10.0% 5.0%
reduction..............................
e. 15% NOX and VOC reduction, 2011-2017 41.17 22.51
[(row c) x (row d)]....................
f. 2017 Target Level of Emission (row c 370.48 427.73
minus row e)...........................
------------------------------------------------------------------------
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, 0.21 -0.08
2011-2017..............................
c. 2017 Adjusted Base Year EI (row a 34.28 34.15
minus row b)...........................
d. Percent of NOX and VOC to meet 15% N/A 15.0%
reduction..............................
e. 15% VOC reduction, through 2017 [(row N/A 5.12
d) x (row e)]..........................
f. 2017 Target Level of Emissions (row c 34.28 29.03
minus row e)...........................
------------------------------------------------------------------------
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\
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\9\ Our EI guidance documents are posted at https://www.epa.gov/air-emissions-inventories/emissions-inventory-guidance-documents.
\10\ See also Tables 8 and 9 in the TSD for this proposal.
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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.
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\11\ See Tables 6 and 7 in the TSD for this proposal.
Table 4--Summary of RFP Demonstration for the DFW Area Through 2017
[tpd]
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Description NOX VOC NOX VOC
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9 Counties
Wise County
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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
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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
[[Page 64376]]
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.
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\12\ See 80 FR 12264, 12285.
\13\ The 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.
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% 2% 1%
contingency............................
C. Required reduction to provide 8.23 4.50
contingency (A x B)....................
D. Reduction to meet RFP in 2017 (Table 41.17 22.51
2, line e).............................
E. 2018 on-road mobile non-creditable 0.58 0.23
reductions.............................
F. 2018 Target Level of Emissions (line 361.67 423.00
A-C-D-E)...............................
------------------------------------------------------------------------
Excess reductions to meet contingency requirement
------------------------------------------------------------------------
G. 2018 Uncontrolled Emissions.......... 1157.47 833.75
H. Total Reductions Projected through 878.29 445.64
2018...................................
J. Projected emissions after reductions 279.18 388.11
(line G minus line H)..................
Add line C.............................. 8.23 4.50
K. Projected emissions, accounting for 287.41 392.61
contingency measures...................
------------------------------------------------------------------------
Total surplus or shortfall
------------------------------------------------------------------------
Line K is less than line F. Subtract 74.26 30.39
line K from line F for surplus.........
Is the contingency measure requirement Yes Yes
met?...................................
------------------------------------------------------------------------
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% 3% ..............
contingency............................
C. Required reduction to provide 1.03 ..............
contingency (A x B)....................
D. Reduction to meet RFP in 2017........ 0 5.12
E. 2018 on-road mobile non-creditable 0 0
reductions.............................
F. 2018 Target Level of Emissions (line 33.25 29.03
A-C-D-E)...............................
------------------------------------------------------------------------
Excess reductions to meet contingency requirement
------------------------------------------------------------------------
G. 2018 Uncontrolled Emissions.......... 46.24 29.71
H. Total Reductions Projected through 20.95 5.97
2018...................................
J. Projected emissions after reductions 25.29 23.74
(line G minus line H)..................
Add line C.............................. 1.03 0
K. Projected emissions, accounting for 26.32 23.74
contingency measures...................
------------------------------------------------------------------------
Total surplus or shortfall
------------------------------------------------------------------------
Line K is less than line F. Subtract 6.93 5.29
line K from line F for surplus.........
Is the contingency measure requirement Yes ..............
met?...................................
------------------------------------------------------------------------
[[Page 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 on-road 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