[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
----------------------------------------------------------------------------------------------------------------
                                                                NOX                             VOC
                                                 ---------------------------------------------------------------
                   Source type                    Approved at 80     Submitted    Approved at 80     Submitted
                                                      FR 9204       revisions *       FR 9204       revisions *
----------------------------------------------------------------------------------------------------------------
                    2011 Base Year Inventory for the DFW Ten-County Nonattainment Area (tpd)
----------------------------------------------------------------------------------------------------------------
Point...........................................           39.95           39.95           29.80           29.80
Area............................................           42.64           50.98          292.49          291.31
Non-road Mobile.................................          120.61          116.95           55.00           54.63
On-road Mobile..................................          238.87          241.13           98.36          104.12
                                                 ---------------------------------------------------------------
    Total.......................................          442.07          449.01          475.65          479.86
----------------------------------------------------------------------------------------------------------------
* Submitted to EPA by the TCEQ on July 10, 2015.

B. The DFW RFP SIP Revision

1. The Adjusted Base Year Inventory and RFP Target Levels for 2017 and 
2018
    The 2011 base year EI is the starting point for calculating RFP. 
The ``adjusted'' emissions are what we would expect to see if the on-
road fleet did not implement the low Reid Vapor Pressure (RVP) gasoline 
and pre-1990 automobile emission controls. Such controls are not 
creditable under section 182(b)(1)(D) of the CAA, but are no longer 
required to be calculated for exclusion in RFP analyses because the 
Administrator determined that due to the passage of time the effect of 
these exclusions would be de minimis (40 CFR 51.1110). The State has 
chosen these non-creditable reductions to represent a more accurate 
accounting, which is acceptable. The result, after subtracting the non-
creditable reductions, is known as the adjusted base year inventory. 
The RFP target levels and emissions reductions required to meet those 
targets are calculated from the adjusted base year inventory.
    To achieve the RFP target levels, section 182(c)(2)(B) of the CAA 
allows for substitution of NOX emission reductions for VOC 
emission reductions in certain circumstances. See 80 FR 12264, 12271 
and 40 CFR 51.1110.\7\ For example, the DFW ten-county NAA includes 
nine counties that have already met the 15 percent emission reduction 
requirement for VOC under the 1-hour ozone NAAQS (Collin, Dallas, 
Denton and Tarrant, see 70 FR 18993) and under the 1997 ozone NAAQS 
(Ellis, Johnson, Kaufman, Parker and Rockwall, see 73 FR 58475). 
Therefore, these nine counties may rely upon NOX and VOC 
emissions reductions to achieve the RFP target levels. Wise County 
however, must meet the 15 percent VOC emission reduction requirement 
because this is its first time to be covered under the ozone 
nonattainment SIP requirements. This also means that these VOC emission 
reductions are calculated separately from the other nine counties (see 
the TSD for a more detailed explanation). The RFP submittal provides 
emission reductions of NOX and VOC whose combined total is 
15 percent for nine of the ten counties (all but Wise County). As 
explained in more detail in the State's April 22, 2016 ``Technical 
Supplement to the 2008 Ozone DFW RFP SIP Revision,'' the TCEQ provided 
a technical supplement to EPA to correct the 2017 RFP demonstration for 
Wise County as well as a corrected RFP spreadsheet that removed the 
transfer of VOC reductions to Wise County and credits emissions 
reductions from drilling rig controls that were available but not 
credited in its July 10, 2015 submittal. The technical supplement shows 
that Wise County meets the 15% VOC-only reduction requirement from the 
2011 base year through the 2017 attainment year based solely on 
reductions from within Wise County. All the data used to meet this 
requirement within Wise County was included in the original submitted 
SIP RFP revision but was not used in the RFP calculations because TCEQ 
did not think it was needed at that time.
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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]
----------------------------------------------------------------------------------------------------------------
                   Description                          NOX             VOC             NOX             VOC
----------------------------------------------------------------------------------------------------------------
                                                            9 Counties
                                                            Wise County
                                                 ---------------------------------------------------------------
a. 2017 Target..................................          370.48          427.73           34.28           29.03
b. 2017 Uncontrolled Emissions..................         1139.93          830.38           49.33           34.68
c. Projected Emission Reductions through 2017...          839.50          428.85           20.29            5.73
d. Projected Emissions after Reductions (b-c)...          300.43          401.53           29.04           28.95
2017 RFP Targets................................          370.48          427.73           34.28           29.03
RFP Met?........................................             yes             yes             yes             yes
Surplus or (shortfall)..........................           70.05           26.20            5.24            0.08
----------------------------------------------------------------------------------------------------------------

    As shown in Table 4, the projected emissions in line ``d'' for 
NOX and VOC for all counties in the DFW ten-county NAA are 
less than the RFP targets and therefore meet the RFP requirement 
(target or milestone) for 2017. Therefore, the EPA is proposing that 
the emissions reductions projected for 2017 are sufficient to meet the 
2017 RFP targets.
3. The RFP Contingency Measures
    Section 172(c)(9) of the CAA requires that an RFP plan for a 
Moderate nonattainment area include contingency measures, which are 
additional controls to be implemented if the area fails to make 
reasonable further progress, i.e., fails to reach the 2017 RFP target. 
Contingency measures are intended to achieve reductions over and beyond 
those relied on in the RFP demonstration to achieve the 2017 milestones 
and could include federal

[[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