[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Proposed Rules]
[Pages 33166-33169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12230]
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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.
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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 anti-backsliding
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
[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. Tracie Donaldson,
(214) 665-6633, [email protected]. 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,
[email protected]. 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 anti-backsliding 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.
[[Page 33167]]
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 HGB area consists of Brazoria, Chambers, Fort Bend, Galveston,
Harris, Liberty, Montgomery and Waller counties in Texas. On April 30,
2004, the EPA designated and classified the 8-county HGB as a Moderate
nonattainment area under the 1997 ozone standard with an attainment
date of no later than June 15, 2010 (see 69 FR 23858 and 69 FR 23951).
On June 15, 2007, we received a request from the Governor of Texas
seeking voluntary reclassification of the HGB area from a Moderate
nonattainment area to a Severe nonattainment area under the 1997 ozone
standard, which we approved on October 1, 2008 (73 FR 56983).\1\
Subsequently, the State submitted the Reasonable Further Progress (RFP)
and Attainment Demonstration (AD) SIPs for the HGB Severe area under
the 1997 ozone standard. These RFP and AD SIPs were approved on January
2, 2014 (see 79 FR 51 and 79 FR 57, respectively).
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\1\ The attainment date for the HGB Severe nonattainment area
was as expeditiously as practicable, but not later than June 15,
2019.
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Texas provided the ``Redesignation Substitute Report for the
Houston-Galveston-Brazoria 1997 Eight-Hour Standard Nonattainment
Area'' (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 Houston Redesignation Substitute Report
To determine whether we should approve the 1997 8-hour ozone
redesignation substitute for the HGB 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 Technical Support Document (TSD) for this action. The TSD
can be accessed through www.regulations.gov (e-docket EPA-R06-OAR-2015-
0609).
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 HGB area had attained the
1997 8-hour ozone standard (80 FR 81466). Ambient air quality found in
the AQS database shows that the HGB area attained the 1997 8-hour ozone
standard at the end of 2014, and preliminary data from 2015 indicate
that the area has continued to maintain the standard (Table 1).
Table 1--8-Hour Design Values for the HGB Area
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Years 8-hour ozone design value
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2012-2014................................. 80 ppb.
Preliminary 2013-2015..................... 80 ppb.
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In 2014, all monitors in the HGB area reported 8-hour ozone values
of 80 ppb or less. A more detailed table of 8-hour ozone values for the
HGB monitors can be found in the TSD.
The HGB 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 1-hour ozone attainment
demonstration SIP and its 1997 ozone attainment demonstration SIP that
led to permanent and enforceable emission reductions. The 1-hour ozone
attainment demonstration SIP was approved on September 6, 2006 (71 FR
52670). The 1997 ozone attainment demonstration SIP was approved on
January 2, 2014 (79 FR 57). Additionally, we have approved SIPs for the
HGB area that document continuous emissions reductions due to permanent
and enforceable measures for the 1-hour and 1997 8-hour ozone standards
(70 FR 7407, February 14, 2005; 74 FR 18298, April 22, 2009; 79 FR 51,
January 2, 2014). The TCEQ has implemented stringent and innovative
regulations that address emissions of NOX and VOCs. These
include, but are not limited to:
Highly Reactive VOC Emissions Cap and Trade (HECT)
implemented in 2007. This program affects cooling towers, process vents
and flares and establishes an emission limit with a cap and trade in
Harris County. The seven perimeter counties are subject to permit
allowable limits and monitoring requirements.
More stringent leak detection and repair (LDAR)
requirements implemented in 2004.
NOX Mass Emissions Cap and Trade (MECT) Program
phased in through April 2007 results in an overall 80% reduction from
existing industrial sources and utility power plants.
Vehicle Inspection and Maintenance implemented in Harris
County in 2002 and then expanded to Brazoria, Fort Bend, Galveston and
Montgomery Counties.
Federal Area and 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 1997 8-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 1997 8-hour ozone NAAQS for 10
years from the date of our approval?
To demonstrate that the HGB 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 (Tables 2 and 3). The emission
projections show that (1) NOX emissions will continue to
decrease through 2028 and (2) VOC emissions will remain relatively
steady through 2028 with an overall increase of 8.4 tpd or 1.4%. 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. Based on photochemical modeling analyses showing
that the formation of ozone in the HGB area is more sensitive to
NOX than to VOC emissions, the small increase in VOC
emissions during the 10-year maintenance period is expected to be more
than offset by the 39% decrease in NOX emissions during this
[[Page 33168]]
same period. More detail on our review can be found in the TSD.
Table 2--NOX Emission Projections (Tons per Day)
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Category 2012 2014 2017 2020 2023 2026 2028
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Point Sources........................... 98.5 119.67 127.39 127.71 128.03 128.35 128.56
Area Sources............................ 21.91 22.52 23.23 23.61 23.47 23.50 23.59
On-Road Mobile Sources.................. 159.08 124.64 82.96 61.06 48.94 40.24 37.04
Non-Road Mobile Sources................. 132.24 100.90 87.32 76.34 69.91 64.78 61.62
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Total............................... 411.73 367.73 320.90 288.72 270.35 256.87 250.81
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Table 3--VOC Emission Projections (Tons per Day)
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Category 2012 2014 2017 2020 2023 2026 2028
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Point Sources........................... 84.06 110.72 115.02 115.65 116.26 116.94 117.41
Area Sources............................ 310.07 317.75 328.20 335.07 337.81 341.16 344.75
On-Road Mobile Sources.................. 74.51 61.48 47.36 40.38 36.12 31.71 28.99
Non-Road Mobile Sources................. 44.01 38.81 33.51 30.89 30.05 29.84 29.93
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Total............................... 512.65 528.76 524.09 521.99 520.24 519.65 521.08
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III. 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 HGB area for the revoked 1997 8-hour
ozone NAAQS and make a finding of attainment based on our determination
that the demonstration provided by the State of Texas shows that the
HGB 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. If EPA finalizes approval of the redesignation
substitute, the HGB 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 1997 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 HGB 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 HGB area is classified as Marginal
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 marginal areas in accordance with the HGB
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.\2\
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\2\ See Final Implementation Rule for 2008 Ozone Standard, 80 FR
12264, at 12299, footnote 83 and at 12304, footnote 91.
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IV. 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 HGB area is no longer subject to the anti-backsliding
obligations for additional measures for 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
[[Page 33169]]
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 HGB area is no longer subject to the anti-
backsliding obligations for additional measures for 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 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. 2016-12230 Filed 5-24-16; 8:45 am]
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