[Federal Register Volume 79, Number 92 (Tuesday, May 13, 2014)]
[Proposed Rules]
[Pages 27257-27264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10969]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0099; FRL-9910-80-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 1997 8-Hour Ozone Nonattainment Area; 
Enhanced Monitoring; Clean Fuel Fleets and Transportation Conformity

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 Texas State Implementation Plan (SIP) to meet 
certain serious area requirements under section 182(c) of the Clean Air 
Act (CAA or Act) for the Dallas/Fort Worth (DFW) nonattainment area 
under the 1997 8-hour ozone standard. Further, we are proposing to 
approve revisions to the DFW moderate area attainment demonstration SIP 
that address the failure-to-attain contingency measures and proposing 
to approve revisions to the Texas SIP that address control of air 
pollution from motor vehicles and transportation conformity. The EPA is 
proposing to approve these SIP revisions because they satisfy the 
requirements of section 110 and part D of the CAA.

DATES: Comments must be received on or before June 12, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2012-0099, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions.
     Email: Ms. Carrie Paige at [email protected].
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2012-0099. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through http://www.regulations.gov or email, if you believe that it is 
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means that EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment along with any disk or CD-ROM 
submitted. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters and any form of encryption and should be free of any 
defects or viruses. For additional information

[[Page 27258]]

about EPA's public docket, visit the EPA Docket Center homepage at 
http://www.epa.gov/epahome/dockets.htm.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI). 
To inspect the hard copy materials, please schedule an appointment with 
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph 
below or Mr. Bill Deese at 214-665-7253.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, Air Planning Section 
(6PD-L); telephone (214) 665-6521; email address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' means EPA.

Table of Contents

I. What is the EPA proposing?
II. Background for the Actions Under Section 182(c) of the CAA (the 
Serious Area Requirements)
III. Background for the Failure-To-Attain Contingency Measures
IV. Background for the Revisions to Chapter 114
V. What are the EPA's evaluations of these revisions?
VI. Proposed Action
VII. Statutory and Executive Order Reviews

I. What is the EPA proposing?

    The EPA is proposing to approve all or parts of six SIP revisions 
from the State of Texas as they relate to certain CAA requirements. Our 
actions fall into three categories. First, the EPA is proposing to 
approve revisions to the Texas SIP submitted to meet certain serious 
area requirements of section 182(c) of the Act for the DFW serious 
nonattainment area under the 1997 ozone standard. Specifically, we are 
proposing to approve the revised 2002 base year emission inventory 
(EI), the reasonable further progress (RFP) plan, the RFP motor vehicle 
emission budgets (MVEBs) for 2011 and 2012, and the RFP contingency 
provisions. In addition, we are proposing to find that the State has 
fulfilled the CAA requirements for enhanced ambient monitoring and the 
clean-fuel fleet programs (CFFPs). Second, we are proposing to approve 
revisions to the DFW SIP's failure-to-attain contingency measures plan 
for the moderate ozone nonattainment area under the 1997 ozone 
standard. Third, we are proposing to approve revisions to Title 30 of 
the Texas Administrative Code, Chapter 114 (denoted 30 TAC 114 or 
Chapter 114) pertaining to mobile source control. Specifically, we are 
proposing to approve revisions that make the Texas transportation 
conformity rules consistent with the Federal Surface Transportation 
Reauthorization Act \1\ and revisions that add provisions to certain 
sections within the State's Diesel Emissions Reduction Incentive 
Program for On-Road and Non-Road Vehicles (DERIP, also often referred 
to as the Texas Emission Reduction Plan or TERP).
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    \1\ The Federal Surface Transportation Reauthorization Act is 
commonly known as the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act--A Legacy for Users (SAFETEA-LU).
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II. Background for the Actions Under Section 182(c) of the CAA (the 
Serious Area Requirements)

    On July 18, 1997, EPA promulgated an 8-hour ozone standard of 0.08 
parts per million (ppm) \2\ and on April 30, 2004, the EPA designated 
the DFW area (consisting of Collin, Dallas, Denton, Ellis, Johnson, 
Kaufman, Parker, Rockwall and Tarrant counties) \3\ as a moderate 
nonattainment area under the 1997 ozone standard with an attainment 
date of June 15, 2010 (see 69 FR 23858 and 69 FR 23951). However, the 
DFW area failed to attain the 1997 ozone standard by June 15, 2010, and 
was consequently reclassified as a serious ozone nonattainment area (75 
FR 79302, December 20, 2010).\4\ Accordingly, the TCEQ was required to 
submit revisions to the DFW SIP to meet serious area requirements. In 
this action, we are addressing the serious area RFP plan, contingency 
measures, enhanced monitoring and clean fuel fleet requirements that 
were submitted in revisions dated January 17, 2012.
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    \2\ See 62 FR 38856. In this action we refer to the 1997 8-hour 
ozone standard as ``the 1997 ozone standard.''
    \3\ We refer to the DFW nonattainment area for the 1997 ozone 
standard as ``the nine-county nonattainment area.'' The nine-county 
nonattainment area consists of the four core counties (Collin, 
Dallas, Denton and Tarrant) and five ``cradle'' counties. The cradle 
counties are Ellis, Johnson, Kaufman, Parker and Rockwall, and in 
prior SIP actions, we referred to these as ``the five new 
counties.'' Since these counties are no longer new to the 
nonattainment designation and geographically they ``cradle'' the 
four core counties, we are adopting the term ``cradle'' herein for 
ease of identification.
    \4\ On March 12, 2008, the EPA promulgated a more protective 8-
hour ozone standard of 0.075 ppm (73 FR 16436, March 27, 2008). On 
April 30, 2012, the EPA promulgated designations under the 2008 
ozone standard (77 FR 30088, May 21, 2012) and in that action, the 
EPA designated Collin, Dallas, Denton, Ellis, Johnson, Kaufman, 
Parker, Rockwall, Tarrant and Wise counties as a moderate ozone 
nonattainment area. The RFP required under the 2008 ozone standard 
must be submitted to EPA by July 20, 2015. The submittals under 
evaluation in today's rulemaking do not specifically address the 
2008 ozone standard, but will provide progress toward this new 
standard.
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A. Reasonable Further Progress

    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).\5\ A RFP plan generally is 
designed to achieve annual progress toward meeting the ozone national 
ambient air quality standard (NAAQS) through reductions in emissions of 
NOX and/or VOCs. On November 29, 2005 (70 FR 71612) and as 
revised on June 8, 2007 (72 FR 31727), EPA published the Phase 2 final 
rule to implement the 1997 ozone standard that addressed, among other 
things, the RFP control and planning obligations as they apply to areas 
designated nonattainment for the 1997 ozone standard. In the Phase 1 
Rule, RFP was defined in Sec.  51.900(p) as meaning for the purposes of 
the 1997 ozone standard, the progress reductions required under section 
172(c)(2) and section 182(b)(1) and (c)(2)(B) and (c)(2)(C) of the CAA 
(69 FR 23951, 23997, April 30, 2004).\6\ RFP plans must also include a 
MVEB, which provides the allowable on-road mobile emissions an area can 
produce and continue to demonstrate RFP (57 FR 13498, 13558, April 16, 
1992).
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    \5\ For additional information on ozone, please visit 
www.epa.gov/groundlevelozone.
    \6\ See also the RFP regulations at 40 CFR 51.910 and EI 
regulations at 40 CFR 51.915.
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    The RFP plan for the DFW moderate ozone nonattainment area was 
approved on October 7, 2008 (73 FR 58475) and it demonstrated required 
emissions reductions through the end of calendar year 2008 and MVEBs 
for 2008. Because the area was reclassified to serious, pursuant to 
section 182(c)(2)(B)(i) of the Act and 40 CFR 51.910, the RFP SIP for 
the DFW serious ozone nonattainment area must demonstrate 
NOX and/or VOC emissions reductions of at least nine percent 
for the calendar years 2009-2011 and three percent for 2012. The 
emissions reductions must occur within the nine-county nonattainment 
area.

B. Contingency Measures

    Pursuant to section 172(c)(9) of the Act, RFP plans must include 
contingency measures that will take effect without further action by 
the State or EPA, which include additional controls that would be 
implemented if the area fails to reach the RFP milestones. While the 
Act does not

[[Page 27259]]

specify the type of measures or quantity of emissions reductions 
required, EPA interprets the Act 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, 
please see the April 16, 1992 General Preamble (57 FR 13498, 13510) and 
the Phase 2 implementation rule (70 FR 71612, 71650).

C. Enhanced Monitoring

    States with serious and worse ozone nonattainment areas are 
required to implement, among other things, enhanced ambient monitoring, 
pursuant to section 182(c)(1) of the Act. The enhanced ambient 
monitoring identifies the magnitude and type of ozone precursor 
emissions in the nonattainment area where maximum precursor emissions 
are expected to impact (see 71 FR 61236, October 17, 2006 and 40 CFR 
Part 58, Appendix D).

D. Clean Fuel Fleet Program

    Section 182(c)(4) of the Act requires States have programs to 
require certain fleet operators to include a percentage of clean-fuel 
vehicles in their new fleet purchases to reduce emissions of ozone 
precursors. Section 182(c)(4) of the Act also allows substitute 
programs to achieve equivalent reductions. (See 59 FR 50042, September 
30, 1994 and 40 CFR part 88).

III. Background for the Failure-to-Attain Contingency Measures

    Contingency provisions are also required for attainment plans and 
on January 14, 2009 (74 FR 1903) we approved the attainment 
demonstration for the DFW moderate ozone nonattainment area, including 
the failure-to-attain contingency plan. In an April 6, 2010, SIP 
revision Texas revised its plan by replacing the plan's reliance on 
offset lithography with fleet turnover because offset lithography was 
being implemented in response to EPA's issuance of a control technique 
guideline (CTG). When the DFW area was reclassified as a serious ozone 
nonattainment area (75 FR 79302), two failure-to-attain contingency 
measures were implemented.\7\
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    \7\ These contingency measures related to Degassing or Cleaning 
of Stationary, Marine, and Transport Vessels and Petroleum Dry 
Cleaning Systems (see the Texas Register, 35 TexReg 4268, dated May 
21, 2010 and available in the docket for this rulemaking).
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IV. Background for the Revisions to Chapter 114

A. The Transportation Conformity Revisions

    Section 176(c) of the Act requires states to submit a 
transportation conformity SIP establishing enforceable procedures for 
making determinations that metropolitan transportation plans, programs 
and projects (activities) approved by the Federal Highway 
Administration or the Federal Transit Administration meet or ``conform 
to'' the area's air quality SIP. Transportation conformity is a 
mechanism for ensuring that transportation activities are reviewed and 
evaluated for their impacts on air quality prior to funding or 
approval. The intent of transportation conformity is to ensure that new 
transportation activities do not cause or contribute to new violations, 
increase the frequency or severity of any existing violations, or delay 
the timely attainment of air quality standards or the required interim 
emissions reductions towards attainment. On July 25, 2007, Texas 
submitted revisions to their transportation conformity requirements 
that are addressed in this action.

B. The Revisions to the Diesel Emissions Reduction Incentive Program 
for On-Road and Non-Road Vehicles

    The Texas SIP includes a variety of control strategies to reduce 
ozone precursor emissions in nonattainment and near-nonattainment 
areas, including the TERP, a program that provides financial incentives 
to eligible entities to reduce emissions from polluting vehicles and 
equipment.\8\ The basic structure of TERP as an economic incentive 
program was approved into the SIP on November 14, 2001 (66 FR 57160). 
Since then, the TERP has grown to offer a variety of grants, including 
the DERIP. The DERIP is designed to offset the incremental cost of 
projects that can reduce NOX emissions from heavy duty 
diesel trucks and construction equipment in nonattainment areas. This 
is an incentive to owners and operators to upgrade their fleets at an 
expedited rate and these upgrades will reduce NOX emissions 
to the atmosphere. The EPA approved the DERIP into the Texas SIP on 
August 19, 2005 (70 FR 48647). On March 25, 2010 and April 13, 2012, 
Texas submitted revisions to the DERIP that are addressed in this 
action.
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    \8\ Additional information on the TERP is available on the TCEQ 
Web site at www.tceq.texas.gov/airquality/terp. In addition, please 
see our TSD for the revisions to 30 TAC 114 (labeled as TSD-B) in 
the docket for this rulemaking.
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V. What are the EPA's evaluations of these revisions?

    Summaries of our analyses are provided in this section. Our 
detailed evaluations are provided in two technical support documents 
(TSDs): One addressing the RFP submittal and identified as TSD-A; and 
the other focused on the revisions to 30 TAC 114 and the failure-to-
attain contingency measures and labeled as TSD-B. These TSDs are in the 
docket for this action.

A. The DFW RFP SIP Revision

    On January 17, 2012, the Texas Commission on Environmental Quality 
(TCEQ) submitted a SIP revision to address the RFP requirements for the 
DFW serious ozone nonattainment area. The submittal includes a revised 
2002 base year EI for stationary and mobile sources, and the RFP plan, 
which must demonstrate NOX and/or VOC emissions reductions 
of at least nine percent for 2009-2011 and three percent for 2012, the 
RFP MVEBs for 2011 and 2012, and RFP contingency measures.
1. The DFW Base Year Emissions Inventory
    The base year EI is the starting point for calculating the 
reductions necessary to meet the requirements for RFP. Sections 
172(c)(3) and 182(b)(1) of the CAA require that nonattainment plan 
provisions include an inventory of NOX and VOC emissions 
from all sources in the nonattainment area. The EPA had previously 
approved the 2002 base year inventory (73 FR 58475). Since that 
submittal, more recent data (including, for example, actual local 
activity data for 2002) and improvements in methods to calculate 
certain categories within the inventory have become available. Because 
of these advances, the TCEQ revised the emissions data for the 2002 
base year. We have determined that the revised inventory was developed 
in accordance with EPA guidance and therefore, we propose to approve 
the revised 2002 base year EI. For reference, the previously approved 
base year EI (73 FR 58475) is provided in Table 1, reported in tons per 
day (tpd), along with the revised 2002 base year EI for the DFW area, 
also reported in tpd. Details on how each of the emissions categories 
was revised and emissions totals in the various counties are included 
in TSD-A. Details on how each of the emissions categories was revised 
is included in TSD-A.

[[Page 27260]]



                                       Table 1--DFW RFP 2002 Base Year EI
----------------------------------------------------------------------------------------------------------------
                                                                NOX                             VOC
                                                 ---------------------------------------------------------------
                   Source type                      Previously        Revised       Previously        Revised
                                                     approved       inventory *      approved       inventory *
----------------------------------------------------------------------------------------------------------------
Point...........................................           79.25           79.24           26.42           26.43
Area............................................           37.04           38.63          237.41          247.03
On-road Mobile..................................          356.23          354.01          161.60          139.70
Non-road Mobile.................................          134.67          153.41          119.60           82.05
                                                 ---------------------------------------------------------------
    Total.......................................          607.19          625.29          545.03          495.21
----------------------------------------------------------------------------------------------------------------
* Submitted to EPA by the TCEQ on January 17, 2012.

2. The Adjusted Base Year Inventory and RFP Target Levels for 2011 and 
2012
    The 2002 base year EI is the starting point for calculating RFP. 
Section 182(b)(1)(B) of the Act and 40 CFR 51.910 require that the base 
year EI be adjusted to exclude certain emissions specified in section 
182(b)(1)(D) of the Act, i.e., the emission reductions resulting from 
the Federal Motor Vehicle Control Programs (FMVCP) promulgated by EPA 
prior to January 1, 1990, and the regulation of Reid Vapor Pressure 
promulgated by EPA prior to the enactment of the CAA Amendments of 
1990. The result, after subtracting the non-creditable reductions, is 
the ``adjusted base year inventory.'' The required RFP target levels 
and emission reductions needed would be calculated using the adjusted 
base year inventory, resulting in the target levels of emissions for 
the milestone years, which in this case are 2011 and 2012.
    In calculating the RFP target levels, section 182(c)(2)(C) of the 
Act, 40 CFR 51.910 and EPA's NOX Substitution Guidance \9\ 
allow NOX emissions reductions to be substituted for VOC 
controls if such would maximize reductions in ozone air pollution. 
Modeling performed by the TCEQ for this RFP plan indicates that ozone 
formation in the DFW area is more responsive to NOX: For 
similar decreases in NOX (78 tpd) and VOC (80 tpd), the DFW 
8-hour ozone design value would be reduced significantly more from 
NOX cuts (-3.43 ppb) than VOC (-0.12 ppb). As a result, the 
State has chosen to focus on NOX reductions to meet the RFP 
requirements.
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    \9\ See 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 required emissions 
reductions through 2008 and 2012, and the target emissions levels of 
NOX and VOC for 2011 and 2012. For reductions through 2008 
the TCEQ provided NOX reductions for the four core counties 
and VOC reductions in the five cradle \10\ counties (73 FR 58475); we 
show these reductions in Table 2, using the revised 2002 base year EI. 
Table 3 shows the reductions required through 2011 and 2012 for the 
nine-county nonattainment area.
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    \10\ See footnote 3.
    \11\ These are calculated using the revised 2002 base year EI. 
For reference, please see the TSD-A.

       Table 2--Calculation of NOX and VOC Reductions Through 2008
                               [tpd] \11\
------------------------------------------------------------------------
                                                             VOC in 5
               Description                 NOX in 4 core      cradle
                                             counties        counties
------------------------------------------------------------------------
a. 2002 Emissions Inventory.............          486.53           69.08
b. Non-creditable reductions through               -3.09            2.23
 2008...................................
c. 2002 adjusted to 2008 (a-b)..........          489.62           66.85
d. 15% reductions required through 2008            73.44           10.03
 (0.15 x c).............................
------------------------------------------------------------------------


  Table 3--Calculation of NOX and VOC Target Levels of Emissions (tpd)
                              Through 2012
------------------------------------------------------------------------
                                                   9-County area
               Description               -------------------------------
                                                NOX             VOC
------------------------------------------------------------------------
a. 2002 Emissions Inventory.............          625.29          495.21
b1. Non-creditable reductions, 2002-2011           -0.55           17.53
 (FMVCP + RVP)..........................
b2. 15% reductions required through 2008           73.44           10.03
b3. 9% reductions required through 2011.           56.33  ..............
c. 2002 Adjusted to 2011 [a-(b1+b2+b3)],          496.07          467.65
 or 2011 Targets........................
d1. Non-creditable reductions for 2012             -4.62           -4.30
 (FMVCP + RVP)..........................
d2. 3% Reductions required for 2012.....           18.91  ..............
e. 2002 Adjusted to 2012 [c-(d1+d2)], or          481.78          471.95
 2012 Targets...........................
------------------------------------------------------------------------


[[Page 27261]]

3. The 2011 and 2012 Projected Emissions Inventories and How the 
Required Emissions Reductions Are Achieved
    Section 182(b)(1)(A) of the Act 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 2002 and the end of 2011 and 2012. Generally, 
the State followed our guidelines in estimating the growth in 
emissions. The projections of growth are labeled as the ``Uncontrolled 
Inventories'' for 2011 and 2012. Our detailed evaluation is provided in 
our TSD-A.
    Texas estimated emission reductions from State and federal control 
measures in place between 2002 and the end of 2011 and 2012,\12\ and 
applied these reductions to the appropriate uncontrolled inventories; 
the results are the ``Controlled Inventories'' for 2011 and 2012. The 
total amount of VOC and NOX emissions in the controlled 
inventories for 2011 and 2012 must be equal to or less than the 
corresponding total target inventories to demonstrate RFP.
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    \12\ The control measures address emissions from point, area, 
and mobile (non-road and on-road) sources and are listed in our TSD-
A.

       Table 4--Summary of RFP Demonstration for DFW Through 2011
                                  [tpd]
------------------------------------------------------------------------
                Inventory                       NOX             VOC
------------------------------------------------------------------------
2011 Targets............................          496.07          467.65
2011 Uncontrolled Emissions.............         1168.59          823.46
Projected Emission Reductions through             759.79          283.01
 2011...................................
2011 Projected Emissions after RFP                408.80          540.45
 Reductions.............................
Surplus (+)/Shortfall (-)...............          +87.27          -72.80
Is RFP Met? (Surplus greater than                    Yes            Yes.
 Shortfall).............................
------------------------------------------------------------------------

    In Table 4, we see that the plan shows a surplus of NOX 
emission reductions and a shortfall in the required VOC reductions. The 
NOX surplus of 87.27 tpd is approximately 18% more 
reductions than necessary to meet the target of 496.07 tpd. The VOC 
shortfall of 72.80 tpd is approximately 16% less reductions than 
necessary to meet the target of 467.65 tpd. The shortfall in VOC 
reductions is apparently due to growth in VOC emissions. The Table 
shows Texas has offset this growth in VOC emissions with additional 
NOX reductions on a percentage basis (i.e., 1% 
NOX reductions offsets 1% VOC growth). In the RFP submittal, 
Texas notes they are ``reserving'' 77.29 tpd of the surplus 
NOX reductions (approximately 16%) to offset the VOC 
shortfall. Because Texas has offset the VOC growth plus provided the 
necessary RFP NOX reductions, the EPA is proposing that the 
emissions reductions projected for 2011 are sufficient to meet the 2011 
targets.

       Table 5--Summary of RFP Demonstration for DFW Through 2012
                                  [tpd]
------------------------------------------------------------------------
                Inventory                       NOX             VOC
------------------------------------------------------------------------
2012 Targets............................          481.78          471.95
2012 Uncontrolled Emissions.............         1194.94          846.38
Projected Emission Reductions through             815.86          313.88
 2012...................................
2012 Projected Emissions after RFP                379.08          532.50
 Reductions.............................
Surplus (+)/Shortfall (-)...............         +102.70          -60.55
Is RFP Met? (Surplus greater than                    Yes            Yes.
 Shortfall).............................
------------------------------------------------------------------------

    In Table 5, again we see a surplus of NOX reductions 
necessary to offset a shortfall in VOC reductions. The NOX 
surplus of 102.70 tpd is approximately 21% greater than necessary to 
meet the target of 481.78 tpd. The VOC shortfall of 60.55 tpd is 
approximately 13% less than necessary to meet the target of 471.95 tpd. 
The NOX surplus again is greater than the VOC shortfall. In 
the RFP submittal, Texas notes they are ``reserving'' 61.86 tpd of the 
surplus NOX reductions (approximately 13%) to compensate for 
the VOC shortfall. Because Texas has offset the VOC growth and provided 
the necessary RFP NOX reductions, EPA is proposing that the 
emissions reductions projected for 2012 are sufficient to meet the 2012 
targets.
4. The RFP Contingency Measures
    The 1997 8-hour ozone RFP plan for a serious nonattainment area 
must include contingency measures, which are additional controls to be 
implemented if the area fails to make reasonable further progress. 
Contingency measures are intended to achieve reductions over and beyond 
those relied on in the RFP demonstration and could include federal 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 currently being 
implemented to meet the contingency measure requirement for the DFW RFP 
SIP. These measures provide reductions between 2012 and 2013 that are 
in excess of those needed for RFP. As shown in Table 6, the excess 
reductions are greater than 3% of the adjusted base year inventory. We 
are proposing that these reductions are sufficient as RFP contingency 
measures.

[[Page 27262]]



   Table 6--Summary of RFP Demonstration for DFW, Contingency Measures
                                  [tpd]
------------------------------------------------------------------------
               Description                      NOX             VOC
------------------------------------------------------------------------
2002 Emission Inventory adjusted to 2012          630.46          481.97
3% needed for contingency (630.46 x                18.91            0.00
 0.03)..................................
Total RFP contingency reductions                   24.44           15.62
 available..............................
Is the contingency measure requirement               Yes            Yes.
 met?
------------------------------------------------------------------------

5. The Motor Vehicle Emissions Budgets (MVEBs)
    The RFP plan must include a MVEB for transportation conformity 
purposes. 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.
    On January 17, 2012, the TCEQ submitted its RFP SIP, which contains 
VOC and NOX MVEBs for 2011 and 2012; these budgets are 
provided in Table 7. We found the RFP MVEBs (also termed transportation 
conformity budgets) adequate and on February 27, 2012, the availability 
of these budgets was posted on our Web site for the purpose of 
soliciting public comments. The comment period closed on March 28, 
2012, and we received no comments. On February 1, 2013, we published 
the Notice of Adequacy Determination for these RFP MVEBs (78 FR 7429). 
Once determined adequate, these RFP budgets must be used in future DFW 
transportation conformity determinations. The adequacy determination 
represents a preliminary finding by EPA of the acceptability of the 
MVEB. Today we are proposing that the MVEBs are fully consistent with 
RFP, and we are proposing to approve the RFP plan, 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
------------------------------------------------------------------------
2011....................................          197.05           89.54
2012....................................          195.39           82.20
------------------------------------------------------------------------

B. The Requirement To Address Enhanced Ambient Monitoring

    Section 182(c)(1) of the CAA requires that States with serious and 
worse nonattainment areas adopt and implement a program to improve air 
monitoring for ambient concentrations of ozone, NOX and VOC. 
The State established an enhanced ambient air quality monitoring 
network in the form of the Photochemical Assessment Monitoring Stations 
(PAMS), which was approved into the Texas SIP on October 4, 1994 (59 FR 
50502).\13\ On January 17, 2012, the TCEQ submitted an attainment 
demonstration SIP revision that in part demonstrated that by 2012, the 
DFW area would meet the serious nonattainment area requirement for 
enhanced monitoring. The submittal stated that the enhanced monitoring 
would be in place by the attainment deadline of June 15, 2013. In 2012, 
the air monitor at the Dallas Hinton site was enhanced to add carbonyl 
\14\ measurements. These air monitoring improvements are consistent 
with section 182(c)(1) of the CAA, the Revisions to the Ambient Air 
Monitoring Regulations at 71 FR 61236 and 40 CFR Part 58, Appendix D. 
The 2012 monitoring update is documented in the State's air monitoring 
network plan, provided in the docket for this rulemaking.\15\ We are 
proposing to approve that portion of the submittal that addresses the 
requirements of section 182(c)(1) of the CAA for the nine-county 
nonattainment area.
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    \13\ Annual revisions to the air monitoring network plan (AMNP) 
are provided to the EPA for approval and the most recently approved 
AMNP is in the docket for this rulemaking.
    \14\ Carbonyl compounds are organic compounds, consisting of a 
carbon atom double bonded to an oxygen atom. The PAMS measures the 
three carbonyls formaldehyde, acetaldehyde and acetone. Formaldehyde 
and acetaldehyde have been found to be very important in the 
formation of ground-level ozone.
    \15\ See the Texas 2012 Annual AMNP documents in the docket for 
this rulemaking.
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C. The Requirement To Address Clean-Fuel Fleet Programs

    Section 182(c)(4) of the CAA requires that states with serious and 
worse nonattainment areas implement federal CFFPs. Section 182(c)(4) 
also allows states to implement substitute programs whose long term 
emissions reductions are equal to or greater than the federal CFFPs. 
Texas submitted a substitute program (which included the Texas Clean 
Fleet or TCF Program) that we approved on February 7, 2001 (66 FR 
9203). In addition to TCF Program of fleet measures, this substitute 
program included substitute stationary source measures. In a subsequent 
revision to the TCF program, we approved on January 31, 2014 (79 FR 
5287), TCEQ repealed their TCF program. In the attainment demonstration 
SIP revision submitted on January 17, 2012, Texas cited an EPA 
determination \16\ that, beginning with the 2007 model years, both the 
Tier 2 conventional vehicle and engine standards and heavy-duty vehicle 
and engine standards are either equivalent to or more stringent than 
the applicable clean fuel vehicle program low emission vehicle (LEV) 
standards. In our January 31, 2014 approval action, we explain that 
because 2007 model year Heavy Duty Diesel and Tier II vehicle meet or 
exceed the LEV standards and because Texas' substitute measures are 
still in place, Texas continues to meet the Federal CFFP requirements. 
We are confirming in today's action that this serious area requirement 
is met for the DFW area.
---------------------------------------------------------------------------

    \16\ See EPA Dear Manufacturer Letter CCD-05 (LDV/LDT/MDPV/HDV/
HDE/LD-FC), July 21, 2005, in the docket for this rulemaking.
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    We are proposing to approve that portion of the submittal that 
addresses the requirements of section 182(c)(4) of

[[Page 27263]]

the CAA for the nine-county nonattainment area.

D. Revisions to the Failure-To-Attain Contingency Measures

    Section 172(c)(9) of the Act requires nonattainment SIPs to provide 
for a contingency plan that will take effect without further action by 
the State or EPA if an area fails to make reasonable further progress 
or fails to attain the standard by the applicable date. On January 14, 
2009, the EPA approved the State's attainment demonstration for the DFW 
moderate ozone nonattainment area for the 1997 ozone standard, which 
included a contingency plan (74 FR 1903). On April 6, 2010, the TCEQ 
submitted revisions that address, among other things, the failure-to-
attain contingency measures in the DFW moderate ozone nonattainment 
area. In this SIP revision, we are acting on only the revisions 
addressing the failure-to-attain contingency measures in the DFW 
nonattainment area, which remove offset lithographic printing at 30 TAC 
115.449(c) as a contingency measure and substitute surplus emissions 
reductions from fleet turnover. This revision is necessary because EPA 
issued a CTG in 2006 for offset lithographic printing, requiring states 
to update their rules consistent with the requirements of the CTG. 
Therefore, when Texas responded to the CTG with rulemaking for this 
source category, it also ``back-filled'' this contingency measure.
    Our detailed evaluation is provided in the TSD-B. The surplus 
reductions from fleet turnover are sufficient to make up the loss of 
offset lithographic printing as a contingency measure and meet the 
requirements for a contingency measure under sections 172 and 182 of 
the CAA. See 57 FR 13498, 13510; and 70 FR 71612, 71651. We are 
proposing approval of this revision. It should be noted that this 
proposed approval comes after the fact of implementation of the other 
contingency measures relied upon in this moderate area contingency 
plan. Our proposed approval recognizes that these measures met the 
Act's requirements. As discussed above, the State adopted a serious 
area plan with its own contingency measures.

E. Revisions to Chapter 114

    As noted earlier, we are also evaluating three Texas SIP submittals 
that revise 30 TAC 114, which addresses control of air pollution from 
motor vehicles. These submittals include programs or measures that 
assist in reducing ozone precursor emissions and may be implemented in 
the DFW area.
1. The Texas Transportation Conformity Rules
    Transportation conformity is required by section 176(c) of the Act. 
The Texas SIP has included transportation conformity provisions since 
November 8, 1995 (60 FR 56244) and EPA most recently approved revisions 
to these provisions on July 6, 2005 (70 FR 38776). On July 25, 2007, 
the TCEQ submitted a SIP revision to make the Texas transportation 
conformity rules at 30 TAC 114.260 consistent with the Federal Surface 
Transportation Reauthorization Act, commonly known as the SAFETEA-LU, 
which was enacted by Congress on August 10, 2005 (Pub. L. 109-59). The 
July 25, 2007 revision also addresses certain federal requirements 
relating to PM2.5 precursors and when they apply in 
conformity determinations, pursuant to 40 CFR 93.102 (see also 70 FR 
24280, May 6, 2005), and repeals the requirement to perform 
quantitative PM hotspot analyses, pursuant to 40 CFR 93.116 and 93.123 
(see also 71 FR 12468, March 10, 2006). A line-by-line description of 
the revisions and our evaluation are provided in the TSD-B. These 
revisions are consistent with the transportation planning rules at 23 
CFR Part 450, the conformity rules at 40 CFR Part 93 and EPA's 
guidance. We are proposing approval of these revisions.
2. The State's Diesel Emissions Reduction Incentive Program (DERIP)
    The DERIP is an economic incentive program that is part of the 
State's TERP program that provides financial incentives to eligible 
individuals, businesses, and local governments to reduce emissions from 
polluting vehicles and equipment. On March 25, 2010, and April 13, 
2012, the TCEQ submitted SIP revisions that address the DERIP at 
Chapter 114, Subchapter K (Mobile Source Incentive Programs), Division 
3 (Diesel Emissions Reduction Incentive Program for On-Road and Non-
Road Vehicles). The March 25, 2010, submission adds stationary engines 
to the DERIP and provides an allowance for projects involving non-road 
equipment used for natural gas recovery purposes. The April 13, 2012, 
revision adds incentive program requirements that include, but are not 
limited to, the period of commitment by a grant recipient for use of 
the grant-funded vehicles, requirements on the ownership or lease of 
the vehicles being replaced, and destruction of the vehicles and 
engines being replaced. A line-by-line description of the revisions and 
our evaluation are provided in the TSD-B. These revisions are 
consistent with EPA's Economic Incentive Program (EIP) Guidance.\17\ 
The revisions provide emissions reductions in Texas, primarily in 
nonattainment areas and as such, would not interfere with any 
applicable requirement regarding attainment and RFP, or any other 
applicable requirement of the CAA. We are proposing approval of these 
revisions.
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    \17\ The EPA's EIP Guidance is available at www.epa.gov/ttn/oarpg/t1/memoranda/eipfin.pdf.
---------------------------------------------------------------------------

VI. Proposed Action

    The EPA is proposing to approve revisions to the Texas SIP to meet 
RFP and certain other requirements of the CAA for the DFW serious 
nonattainment area under the 1997 8-hour ozone NAAQS. Specifically, the 
EPA is proposing to fully approve the TCEQ's January 17, 2012 RFP 
submittal that revises the 2002 base year EI, the RFP plan, the 2011 
and 2012 MVEBs, and the contingency measures associated with the DFW 
RFP SIP. The EPA is also proposing to approve the portions of the 
TCEQ's January 17, 2012 attainment demonstration submittal that address 
the CAA requirements for enhanced ambient monitoring and the CFFPs in 
the DFW serious nonattainment area under the 1997 8-hour ozone NAAQS. 
We are also proposing to approve the portion of the TCEQ's April 6, 
2010 submittal that revises the DFW moderate attainment demonstration 
SIP's failure-to-attain contingency measures plan. Finally, we are also 
proposing to fully approve the July 25, 2007, March 25, 2010, and April 
13, 2012 submittals to the Texas SIP that address control of air 
pollution from motor vehicles and transportation conformity rules at 30 
TAC 114.260, 30 TAC 114.620, and 30 TAC 114.622. The EPA is proposing 
to approve these SIP revisions because they satisfy the requirements of 
section 110 and part D of the CAA and the federal transportation rules.

VII. 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, 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:

[[Page 27264]]

     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 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: April 24, 2014.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2014-10969 Filed 5-12-14; 8:45 am]
BILLING CODE 6560-50-P