[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Proposed Rules]
[Pages 29471-29478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13126]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R06-OAR-2019-0213; FRL-9995-18-Region 6]


Air Plan Approval; Texas; Dallas-Fort Worth Area Redesignation 
and Maintenance Plan for Revoked Ozone National Ambient Air Quality 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA or Agency) is proposing to approve 
a revision to the Texas State Implementation Plan (SIP). The EPA is 
proposing to determine that the Dallas-Fort Worth (DFW) area is 
continuing to attain the 1979 1-hour and 1997 8-hour ozone National 
Ambient Air Quality Standards (NAAQS or standard) and has met the CAA 
criteria for redesignation. Therefore, the EPA is proposing to 
terminate all anti-backsliding obligations for the DFW area for the 1-
hour and 1997 ozone NAAQS. The EPA is also proposing to approve the 
plan for maintaining the 1-hour and 1997 ozone NAAQS through 2032 in 
the DFW area.

DATES: Written comments must be received on or before July 24, 2019.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2019-0213, at https://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 Robert Todd, 214-665-
2156, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making

[[Page 29472]]

effective comments, please visit https://www.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 Office, 1201 Elm Street, 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: Robert Todd, EPA Region 6 Office, 
Infrastructure & Ozone Section, 1201 Elm Street, Suite 500, Dallas, 
Texas 75270, 214-665-2156, [email protected]. To inspect the hard 
copy materials, please schedule an appointment with Mr. Robert Todd or 
Mr. Bill Deese at 214-665-7253.

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

I. Background

    In 1979, under section 109 of the CAA, the EPA established the 
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).\1\ 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).\2\ In 2008, we further 
revised the primary and secondary ozone NAAQS to 0.075 ppm, averaged 
over an 8-hour period (73 FR 16436, March 27, 2008).\3\ For additional 
information on ozone, please see the Technical Support Document (TSD) 
in the docket for this action and visit https://www.epa.gov/ozone-pollution.
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    \1\ Primary standards are set to protect human health while 
secondary standards are set to protect public welfare. In addition, 
many reports of ozone concentrations are given in parts per billion 
(ppb); ppb = ppm x 1000. Thus, 0.12 ppm becomes 120 ppb or 124 ppb 
when rounding is considered.
    \2\ The standard of 0.08 ppm becomes 0.084 ppm or 84 ppb when 
rounding, based on the truncating conventions in 40 CFR part 50, 
Appendix P.
    \3\ In 2015, we again revised the primary and secondary ozone 
NAAQS to 0.070 ppm, averaged over an 8-hour period (73 FR 16436, 
March 27, 2008). This action does not address the DFW area under the 
2008 or 2015 ozone standards.
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Implementation of the 1-Hour and the 1997 8-Hour Ozone NAAQS

    In 2004, we published a rule governing implementation of the 1997 
ozone NAAQS (Phase 1 Rule) (69 FR 23951, April 30, 2004). The Phase 1 
Rule revoked the 1-hour ozone NAAQS along with designations and 
classifications for that standard and set anti-backsliding provisions 
for the transition from the 1-hour to the 1997 8-hour standard. Anti-
backsliding provisions provide for controls that are not less stringent 
than the controls applicable to areas that were listed as nonattainment 
for the revoked ozone standards when the standards and designations 
were revoked.
    In 2015, EPA revoked the 1997 ozone NAAQS and established anti-
backsliding requirements for the revoked 1997 ozone NAAQS, as well as 
some revisions to the anti-backsliding requirements for the revoked 1-
hour standard, in our final rule for implementing the 2008 ozone NAAQS 
(known as the ``SIP Requirements Rule,'' 40 CFR 51.1100, and 80 FR 
12264). EPA considered the South Coast I decision on the Phase 1 Rule 
in developing the SIP Requirements Rule for the 2008 8-hour ozone 
standard. The anti-backsliding requirements for the revoked 1-hour and 
1997 ozone NAAQS are listed in 40 CFR 51.1100(o).\4\
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    \4\ Applicable requirements for the DFW area for anti-
backsliding purposes are listed in our TSD for this proposal.
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    The SIP Requirements Rule provided that an area will be subject to 
the anti-backsliding obligations for a revoked NAAQS until we approve 
(1) a redesignation to attainment for the area for the 2008 ozone NAAQS 
or (2) a ``redesignation substitute'' for a revoked NAAQS, which 
required an area to demonstrate that it had attained the revoked NAAQS 
due to permanent and enforceable measures and would maintain that 
standard for ten years (40 CFR 51.1105(b)(1)). In the SIP Requirements 
Rule, EPA had created the redesignation substitute procedure because it 
believed it did not have the authority under the CAA to change the 
designations of areas under a revoked NAAQS but wanted a means to 
terminate anti-backsliding requirements for an area that would 
otherwise be eligible for a redesignation had the standard not been 
revoked. 80 FR at 12304-05. Though EPA created the redesignation 
substitute based on the CAA 107(d)(3)(E) redesignation criteria, the 
procedure did not require states to demonstrate satisfaction of all 
five criteria. Texas submitted and EPA approved redesignation 
substitute demonstrations for the DFW area for both the 1-hour ozone 
NAAQS and the 1997 8-hour ozone NAAQS (81 FR 78688, November 8, 2016), 
on the basis that the area was attaining both standards based on 
permanent and enforceable emission reductions and had demonstrated that 
the area would maintain each standard for 10 years. The effect of the 
redesignation substitute was to terminate the anti-backsliding 
obligations for the DFW area to implement Serious nonattainment area 
requirements for the revoked ozone NAAQS (40 CFR 51.1100(o)).
    On February 16, 2018, the D.C. Circuit Court vacated certain parts 
of the 2015 final rule for implementing the 2008 ozone NAAQS, including 
the redesignation substitute provision, based on the court's conclusion 
that those provisions were not consistent with CAA requirements. South 
Coast Air Quality Management District v. EPA, 882 F.3d 1138 (D.C. Cir. 
2018) (``South Coast II''). In that decision, the Court held that the 
redesignation substitute tool was not consistent with CAA requirements 
because it failed to satisfy all five of the statutory requirements set 
forth in CAA section 107(d)(3)(E), which governs redesignations from 
nonattainment to attainment. Id. at 1152.

The DFW Area's Designations and Classifications Under the 1-Hour Ozone 
NAAQS and the 1997 8-Hour Ozone NAAQS

    Under the 1-hour ozone NAAQS, the DFW area, consisting of Collin, 
Dallas, Denton and Tarrant Counties, was designated as nonattainment 
and classified as Moderate with an attainment deadline of November 15, 
1996. 56 FR 56694, November 6, 1991. On February 18, 1998, we published 
a finding that the DFW area did not attain the 1-hour ozone standard by 
its applicable attainment date of November 15, 1996. See 63 FR 8128. As 
a result of this finding, the DFW ozone nonattainment area was 
reclassified by operation of law as a Serious ozone nonattainment area 
for the 1-hour standard on March 20, 1998. 63 FR 8128 (February 18, 
1998). This determination of failure to attain by the DFW area's 
attainment date required the State to submit an attainment 
demonstration SIP with an attainment date of November 15, 1999, 
including measures to comply with Federal CAA requirements for Serious 
ozone nonattainment areas. On October 16, 2008, EPA published a 
determination of attainment that the DFW 1-hour ozone nonattainment 
area subsequently attained the 1-hour ozone standard based upon 
certified ambient air monitoring data. See 73 FR 61357.\5\
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    \5\ See the TSD to this proposal for a thorough history of 
actions taken by the State and EPA to bring the area into 
attainment.
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    Under the 1997 8-hour ozone NAAQS, the DFW area (consisting of the 
same four core counties plus the five

[[Page 29473]]

surrounding counties of Ellis, Johnson, Kaufman, Parker and Rockwall) 
\6\ was designated as nonattainment and classified as Moderate with an 
attainment deadline of no later than June 15, 2010 as set forth in the 
CAA for Moderate nonattainment areas. (69 FR 23858 and 69 FR 23951 
April 30, 2004). The DFW area did not attain by the June 15, 2010 
deadline and was reclassified as Serious with an attainment deadline of 
June 15, 2013. (75 FR 79302, December 20, 2010). On September 1, 2015 
EPA published a determination of attainment that the DFW 1997 8-hour 
ozone nonattainment area attained the 1997 8-hour ozone NAAQS based 
upon complete, quality-assured and certified ambient air monitoring 
data that show the area has monitored attainment of the 1997 ozone 
NAAQS for the 2012-2014 monitoring period. (80 FR 52630).
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    \6\ The nonattainment area for Dallas-Fort Worth was expanded to 
encompass the original four-county area plus five surrounding 
counties during the designation phase for the 8-hour ozone NAAQS. 
See 69 FR 23858, April 30, 2004.
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The Texas Redesignation and Maintenance Plan Submittal

    On March 27, 2019, the Texas Commission on Environmental Quality 
(TCEQ or State) adopted the DFW Redesignation Request and Maintenance 
Plan SIP Revision for the 1-hour and 1997 ozone NAAQS and submitted 
this package to EPA on March 29, 2019. The SIP revision includes a 
request that the EPA redesignate the DFW area to attainment for the 1-
hour and 1997 ozone NAAQS and provides a maintenance plan that will 
ensure the area remains in attainment of these NAAQS through 2032. This 
submittal addresses all five criteria of CAA section 107(d)(3)(E). As 
stated in their submittal, the TCEQ developed this redesignation 
request and maintenance plan SIP revision in order to address the 
uncertainty created by the court's South Coast II ruling.
    We note that the Agency has previously taken the position that when 
it revokes a NAAQS in full, all the associated designations and 
classifications under that NAAQS are also revoked, see 69 FR 23951, 
23969-70 (April 30, 2004), and the Agency no longer has the authority 
to change those designations, 80 FR 12296-97, 12304-05 (March 6, 2015). 
However, in the SIP Requirements Rule, EPA stated that it was retaining 
the listing of the designated areas in 40 CFR part 81 under the revoked 
1997 NAAQS ``for the sole purpose of identifying the anti-backsliding 
requirements that may apply to the areas at the time of revocation.'' 
80 FR 12296-97 (emphasis added). The South Coast II court decision did 
not address the Agency's interpretation that it lacks authority to 
alter an area's designation post-revocation of a NAAQS. The South Coast 
II court decision did hold that areas that were nonattainment for a 
revoked standard at the time of revocation could only terminate their 
obligations under that standard by demonstrating that they have met all 
five of the statutory redesignation criteria, and thus could not rely 
on the redesignation substitute mechanism included in the ozone 
implementation rule at issue. 882 F.3d at 1152 (``The Clean Air Act 
unambiguously requires nonattainment areas to satisfy all five of the 
conditions under Sec.  7407(d)(3)(E) before they may shed controls 
associated with their nonattainment designation.'').
    While the Court did not address the issue of EPA's authority to 
alter designations after a standard has been revoked, it did speak to 
EPA's interpretation that we lacked authority to change a nonattainment 
area's classification under a revoked ozone NAAQS. The Court held that 
the EPA is required to continue to reclassify to a higher 
classification, or bump up, areas under the revoked 1997 NAAQS that 
fail to attain on time, because, in the court's view, such 
reclassification is an anti-backsliding control. South Coast II, 882 
F.3d at 1147-48. The Court's holding on this point could be interpreted 
to call into question EPA's interpretation that when a NAAQS and its 
associated designations and classifications are revoked in full, it no 
longer retains the authority to alter those designations and 
classifications.
    EPA is proposing to find that Texas' submittal meets all five 
criteria in section 107(d)(3)(E), as required by the court, for the 1-
hour and 1997 ozone NAAQS. EPA is therefore proposing to terminate the 
anti-backsliding obligations for Serious area requirements for the DFW 
area associated with the 1-hour and the 1997 ozone NAAQS.
    We are also taking comment on whether EPA has the authority to 
alter the area's nonattainment area designation post-revocation, if 
only to fully clarify that such area has satisfied all requirements 
with respect to that revoked NAAQS. We therefore propose in the 
alternative that if EPA has such authority, the DFW area be 
redesignated to attainment for the revoked 1-hour and 1997 ozone NAAQS. 
However, regardless of whether designations can be altered after 
revocation, it is clear under South Coast II that EPA has the authority 
to terminate an area's anti-backsliding obligations under a revoked 
NAAQS for the area's classification if that area meets the section 
107(d)(3)(E) criteria.
    If finalized, this action will replace our previous approvals of 
DFW redesignation substitutes for the 1-hour and 1997 8-hour ozone 
NAAQS. It should be noted that we are not proposing to alter our 
previous conclusions that the DFW area has attained the 1-hour and 1997 
8-hour ozone NAAQS due to permanent and enforceable emission 
reductions. Along with taking comment on whether EPA can alter an 
area's nonattainment designation, we are specifically taking comment on 
whether as part of this action, EPA has the authority to and should 
revise the listings in Part 81 for the DFW area for the 1-hour and 1997 
ozone standards from nonattainment to attainment in recognition that 
the area meets the 107(d)(3)(E) criteria and it is no longer necessary 
to identify the area as one where anti-backsliding obligations apply 
under these standards for the Serious requirements. This proposed 
action would have no effect on the DFW area's obligations with respect 
to the 2008 or 2015 ozone NAAQS. The area still must meet the Moderate 
nonattainment area requirements for the 2008 ozone standard and 
implement controls that are in the EPA approved SIP, and we note that 
we have proposed to reclassify the DFW area to Serious for the 2008 
ozone standard. See 83 FR 56781 (November 14, 2018). On June 4, 2018, 
the DFW area was designated as Marginal nonattainment for the 2015 
ozone NAAQS (83 FR 25776).

II. Redesignation Criteria for Ozone Nonattainment Areas

    As explained earlier in this action, we are proposing to terminate 
the Serious area classification's anti-backsliding obligations for the 
revoked standards or redesignate the area to attainment for the revoked 
standards, which would also have the effect of terminating the Serious 
area classification's anti-backsliding obligations, based on our 
conclusion that the five criteria in CAA section 107(d)(3)(E) are met. 
The CAA requires the following criteria: (1) We determine that the area 
has attained the NAAQS; (2) we have fully approved the applicable 
implementation plan for the area under CAA section 110(k); (3) we 
determine that the improvement in air quality is due to permanent and 
enforceable reductions in emissions resulting from implementation of 
the applicable implementation plan and Federal air pollutant control 
regulations and other permanent and enforceable

[[Page 29474]]

reductions; (4) we have fully approved a maintenance plan for the area 
as meeting the requirements of CAA section 175A; and (5) we determine 
the State containing such area has met all requirements applicable to 
the area under CAA section 110 (Implementation plans) and part D (Plan 
Requirements for Nonattainment Areas).
    Since Congress passed the CAA Amendments in 1990, EPA has 
consistently held the position that not every requirement that an area 
is subject to is applicable for purposes of redesignation. See, e.g., 
September 4, 1992, Memorandum from John Calcagni (``Calcagni Memo'') at 
6.\7\ For example, some of the Part D requirements, such as 
demonstrations of reasonable further progress, are designed to ensure 
that nonattainment areas continue to make progress toward attainment. 
EPA has interpreted these requirements as not ``applicable'' for 
purposes of redesignation under CAA section 107(d)(3)(E)(ii) and (v) 
because areas that are applying for redesignation to attainment are by 
definition already attaining the standard. Id. Similarly, EPA has long 
held that only those CAA provisions that are relevant to an area's 
designation and classification as a nonattainment area are 
``applicable'' for purposes of redesignation under CAA section 
107(d)(3)(E)(ii) and (v). For this reason, SIP revisions that apply 
regardless of whether an area is designated nonattainment or 
attainment, such as good neighbor plans required under CAA section 
110(a)(2)(D)(i)(I), have not been considered ``applicable'' for 
purposes of redesignation. Finally, some requirements may not be 
applicable in this action given that both the 1-hour and 1997 8-hour 
NAAQS at issue in this notice were revoked for all purposes, and, post-
revocation, the DFW area remained subject only to the anti-backsliding 
requirements identified by EPA in regulation. See 40 CFR 51.1105(a); 
51.1100(o).
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    \7\ ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992. To view the memo, please 
visit https://www.epa.gov/sites/production/files/2016-03/documents/calcagni_memo_-_procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf.
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EPA's Evaluation of the Redesignation and Maintenance Plan Submittal

    Below is the summary of our evaluation. Detailed information on our 
evaluation can be found in the TSD. EPA normally evaluates these 
criteria as the basis to redesignate an area to attainment, therefore, 
EPA has here conducted this analysis for purposes of terminating the 1-
hour and 1997 ozone NAAQS anti-backsliding requirements or in the 
alternative, for redesignation.

Has the area attained the 1-hour and 1997 8-hour ozone NAAQS and are 
the improvements in air quality due to permanent and enforceable 
reductions in emissions? (criteria 1 and 3)

    In prior actions we determined that the DFW area attained the 1-
hour ozone NAAQS (73 FR 61357, October 16, 2008) and 1997 8-hour ozone 
NAAQS (80 FR 52630, September 1, 2015). Quality-assured ambient air 
quality data found in the Air Quality System (AQS) database shows that 
the DFW area attained the 1-hour ozone NAAQS in 2006 and attained the 
1997 ozone NAAQS in 2014 (Table 1).\8\ We are proposing to determine 
that the DFW area is attaining the 1-hour and 1997 8-hour ozone NAAQS.
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    \8\ For more information on AQS, please visit https://www.epa.gov/aqs. Tables listing the DFW monitoring sites with the 
fourth high 8-hour ozone average concentrations and design values 
and expected exceedances of the 1-hour ozone NAAQS are provided in 
the TSD for this rulemaking.

      Table 1--1-Hour and 1997 Ozone Design Values for the DFW Area
------------------------------------------------------------------------
                                           1-hour ozone     1997 ozone
                  Years                    design value    design value
                                               (ppb)           (ppb)
------------------------------------------------------------------------
2011-2013...............................             108              87
2012-2014...............................             102              81
2013-2015...............................             102              83
2014-2016...............................             101              80
2015-2017...............................             101              79
2016-2018...............................             101              76
------------------------------------------------------------------------

    In a prior action we determined that the improvement in air quality 
in the DFW area is due to permanent and enforceable reductions in 
emissions (81 FR 78688, November 8, 2016). Texas identified State and 
Federal control measures that led to permanent and enforceable emission 
reductions. (See the TSD for this proposal for a thorough listing of 
the identified emission reductions.) Additionally, we have approved 
Reasonable Further Progress SIPs for the DFW area that document 
continuous emissions reductions due to permanent and enforceable 
measures for the 1-hour and 1997 8-hour ozone standards (70 FR 15592, 
March 28, 2005, 73 FR 58475, October 7, 2008, and 79 FR 67068, November 
12, 2014). We propose that the DFW area has attained the 1-hour and 
1997 ozone NAAQS due to permanent and enforceable emission reductions.

Is the applicable implementation plan for the area fully approved and 
has the area met all applicable requirements under CAA section 110 and 
Part D? (criteria 2 and 5)

    We are proposing to find that the DFW area has met all requirements 
under CAA section 110 (Implementation Plans and part D (Plan 
Requirements for Nonattainment Areas) that are applicable for purposes 
of redesignation (CAA section 107(d)(3)(E)(v)), and that those 
requirements have been fully approved into the Texas SIP (CAA section 
107(d)(3)(E)(ii)).
    110(a)(2) of the CAA contains the general requirements for a SIP. 
Section 110(a)(2) provides that the SIP must have been adopted by the 
state after reasonable public notice and hearing, and that, among other 
things, it must: (1) Include enforceable emission limitations and other 
control measures, means or techniques necessary to meet the 
requirements of the CAA; (2) provide for establishment and operation of 
appropriate devices, methods, systems and procedures necessary to 
monitor ambient air quality; (3) provide for implementation of a source 
permit program to regulate the modification and construction of 
stationary sources within the areas covered by the plan; (4) include 
provisions for the implementation of part C prevention of significant 
deterioration (PSD) and part D new source review (NSR) permit programs; 
(5) include provisions for stationary source emission control

[[Page 29475]]

measures, monitoring, and reporting; (6) include provisions for air 
quality modeling; and, (7) provide for public planning and emission 
control rule development.
    Part D of the CAA establishes the plan requirements for 
nonattainment areas. Section 172(c) in subpart 1 of part D sets forth 
the basic requirements of air quality plans for states with 
nonattainment areas that are required to submit plans on a schedule 
pursuant to CAA section 172(b). Subpart 2 of part D, which includes 
section 182 of the CAA, establishes specific requirements for ozone 
nonattainment areas depending on the areas' nonattainment 
classifications. The DFW area was classified as Serious under the 1-
hour ozone NAAQS for the original four-county nonattainment area and 
Serious under the 1997 ozone NAAQS for the expanded nine-county 
nonattainment area. As such, the area is subject to the subpart 1 
requirements contained in CAA sections 172(c) and 176, as well as the 
specific subpart 2 requirements of CAA section 182(c). A thorough 
discussion of the requirements contained in CAA sections172(c) and 
182(c) can be found in the General Preamble for Implementation of Title 
I (57 FR 13498, April 16, 1992).
    As discussed previously, EPA has consistently held the position 
that not every requirement that an area is subject to is applicable for 
purposes of redesignation. However, for the revoked ozone standards at 
issue here, over the past three decades the State has submitted 
numerous SIPs for the DFW area in order to implement those standards, 
improve air quality with respect to those standards, and to address 
anti-backsliding requirements for those standards. Therefore, even 
though some of the DFW area's SIP-approved measures address 
requirements that are not ``applicable'' for purposes of redesignation 
under CAA section 107(d)(3)(E)(ii) and (v), such as CAA section 182(b) 
reasonable further progress, or address requirements that were not 
retained for anti-backsliding, such as section 182(a) emissions 
inventories, we provide in the accompanying TSD the list of SIP-
approved measures the State has adopted and EPA has approved for the 
DFW area with respect to the revoked 1-hour and 1997 8-hour ozone 
NAAQS. These include: (1) Emissions inventories, (2) emissions 
statements, (3) nonattainment new source review programs, (4) 
reasonably available control technology for sources of both VOC and 
NOX, (5) both basic and enhanced vehicle inspection and 
maintenance programs, (6) enhanced ambient monitoring, (7) attainment 
and reasonable further progress demonstrations, (8) contingency 
measures for failure to attain or make reasonable further progress, and 
(9) clean fuel vehicle programs.\9\ Texas also submitted SIPs to 
address CAA section 110(a)(2) for the 1997 ozone NAAQS, which we 
approved in prior actions.\10\
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    \9\ The requirements can be found in CAA sections 182(a) through 
182(c).
    \10\ Approval of the section 110(a)(2) Infrastructure SIP for 
the 1997 ozone standard for Texas is not required for purposes of 
redesignation.
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Does Texas have a fully approved ozone maintenance plan for the DFW 
Area? (criterion 4)

    Section 107(d)(3)(E)(iv) of the CAA requires EPA to determine that 
the area has a fully approved maintenance plan pursuant to CAA section 
175A. Under CAA section 175A, the maintenance plan must demonstrate 
continued attainment of the NAAQS for at least 10 years. To address the 
possibility of future NAAQS violations, the maintenance plan must 
contain contingency measures, as EPA deems necessary, to assure prompt 
correction of any future NAAQS violation.
    EPA's interpretation of the elements under CAA section 175A is 
contained in the Calcagni Memo. Section 107(d)(3)(E)(iv) requires the 
maintenance plan to be ``fully approved,'' and the Calcagni Memo 
provides that a state may submit the redesignation request and 
maintenance plan at the same time and rulemaking on both may proceed on 
a parallel track. The Calcagni Memo further provides guidance on the 
content of a maintenance plan, explaining that it should address five 
requirements: (1) An attainment emissions inventory; (2) a maintenance 
demonstration; (3) an air quality monitoring commitment; (4) 
verification of continued attainment; and (5) a contingency plan.
    In conjunction with the redesignation request submitted to EPA on 
April 4, 2019, TCEQ submitted a maintenance plan to provide for the 
ongoing attainment of the 1-hour and 1997 8-hour ozone NAAQS for at 
least ten years following the effective date of approval of the SIP 
revision. Our evaluation of the five requirements follows:
1. Attainment Inventory
    The Texas submittal includes a 2014 base year emission inventory 
(EI) for NOx and VOC. The TCEQ chose 2014 as it is one of 
the three years used to determine the design value for the 2014 
attainment year (the year the area attained both the 1-hour and 1997 
ozone NAAQS), consistent with the attainment inventory criteria in the 
Calcagni Memo. We propose to approve the 2014 base year EI.
2. Maintenance Demonstration
    Texas has demonstrated maintenance of the 1-hour and 1997 ozone 
NAAQS through 2032 by providing EI projections from 2014 through 2032 
that show emissions of NOX and VOC for the DFW area remain 
at or below the attainment year (2014) emission levels. A maintenance 
demonstration need not be based on modeling.\11\ The future year Texas 
EIs presented are 2020, 2026, and 2032: 2032 is more than 10 years 
after the expected effective date of this action and 2020 and 2026 show 
emissions between the attainment year and final maintenance year. To 
generate the future year EIs, Texas estimated the amount of growth that 
will occur between 2014 and the end of 2020, 2026, and 2032. Generally, 
the State followed our guidelines in estimating the growth in 
emissions. Tables 2 through 7 show the 2014 base year EI and the 
projected emissions for the years 2020, 2026 and 2032 in tons per day 
(tpd).
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    \11\ See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club 
v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 66 FR 53094, 53099-
53100 (October 19, 2001), 68 FR 25413, 25430-25432 (May 12, 2003).

  Table 2--Change in NOX Emissions From 2014 Through 2032 for the Four-County One-Hour Ozone DFW Nonattainment
                                                      Area
                                                      [Tpd]
----------------------------------------------------------------------------------------------------------------
                                                                               Year
                 Source category                 ---------------------------------------------------------------
                                                       2014            2020            2026            2032
----------------------------------------------------------------------------------------------------------------
Point...........................................            6.29            6.98            6.98            6.98

[[Page 29476]]

 
Area............................................           32.05           31.67           31.81           32.65
On-road.........................................          148.44           70.06           44.51           32.17
Non-road........................................           70.98           53.19           45.62           43.61
    Annual Totals...............................          257.76          161.90          128.92          115.41
----------------------------------------------------------------------------------------------------------------


 Table 3--Change in NOX Emissions From 2014 Through 2032 for the Nine-County 1997 8-Hour Ozone DFW Nonattainment
                                                      Area
                                                      [Tpd]
----------------------------------------------------------------------------------------------------------------
                                                                               Year
                 Source category                 ---------------------------------------------------------------
                                                       2014            2020            2026            2032
----------------------------------------------------------------------------------------------------------------
Point...........................................           27.05           34.82           34.82           34.82
Area............................................           37.43           36.44           36.14           37.07
On-road.........................................          184.33           89.68           57.97           42.94
Non-road........................................           84.58           61.84           51.99           48.89
    Annual Totals...............................          333.39          222.78          180.92          163.72
----------------------------------------------------------------------------------------------------------------


Table 4--Change in VOC Emissions From 2014 Through 2032 for the Four-County One-Hour Ozone DFW Nonattainment DFW
                                                      Area
                                                      [Tpd]
----------------------------------------------------------------------------------------------------------------
                                                                               Year
                 Source category                 ---------------------------------------------------------------
                                                       2014            2020            2026            2032
----------------------------------------------------------------------------------------------------------------
Point...........................................           12.21           12.21           12.21           12.21
Area............................................          223.36          243.11          245.12          263.69
On-road.........................................           69.69           44.66           34.81           25.46
Non-road........................................           35.60           30.24           30.50           32.21
    Annual Totals...............................          340.86          330.22          322.64          333.57
----------------------------------------------------------------------------------------------------------------


 Table 5--Change in VOC Emissions From 2014 Through 2032 for the Nine-county 1997 8-Hour Ozone DFW Nonattainment
                                                      Area
                                                      [Tpd]
----------------------------------------------------------------------------------------------------------------
                                                                               Year
                 Source category                 ---------------------------------------------------------------
                                                       2014            2020            2026            2032
----------------------------------------------------------------------------------------------------------------
Point...........................................           22.12           22.12           22.12           22.12
Area............................................          268.71          289.00          283.06          303.71
On-road.........................................           80.47           51.62           40.17           29.51
Non-road........................................           40.31           33.85           33.87           35.61
    Annual Totals...............................          411.61          396.59          379.22          390.95
----------------------------------------------------------------------------------------------------------------

    We note that the projections for the on-road mobile source 
inventory for 2032, which TCEQ submitted as motor vehicle emissions 
budgets, are consistent with maintenance of the 1-hour and 1997 NAAQS.

 Table 6--Maintenance Demonstration for the Four-County DFW 1-Hour Ozone
                             NAAQS Area \12\
------------------------------------------------------------------------
               Description                   NOX (tpd)       VOC (tpd)
------------------------------------------------------------------------
a. 2014 Emissions Inventories (from               257.76          340.86
 Tables 2 and 4)........................
b. 2032 Emissions Inventories (from               115.41          333.57
 Tables 2 and 4)........................
c. Change in EI from 2014 to 2032 (line          -142.35           -7.29
 b minus line a)........................
d. Percent change in EI from 2014 to             -55.23%          -2.14%
 2032...................................
------------------------------------------------------------------------


[[Page 29477]]


  Table 7--Maintenance Demonstration for the Nine-County DFW 1997 Ozone
                               NAAQS Area
------------------------------------------------------------------------
               Description                   NOX (tpd)       VOC (tpd)
------------------------------------------------------------------------
a. 2014 Emissions Inventories (from               333.39          411.61
 Tables 3 and 5)........................
b. 2032 Emissions Inventories (from               163.72          390.95
 Tables 3 and 5)........................
c. Change in EI from 2014 to 2032 (line          -169.67          -20.66
 b minus line a)........................
d. Percent change in EI from 2014 to             -50.89%          -5.02%
 2032...................................
------------------------------------------------------------------------

    For the four-county DFW 1-hour ozone NAAQS area, NOX 
emissions are projected to decrease by approximately 142 tpd by 2032, 
which is about 55 percent less than the 2014 NOX emission 
levels. Also, VOC emissions are projected to decrease by approximately 
7 tpd by 2032, which is about 2 percent lower than the 2014 VOC 
emission levels for the same area. For the nine-county DFW 1997 ozone 
NAAQS area emissions of NOX are projected to decrease by 
approximately 170 tpd by 2032, which is about 51 percent less than the 
2014 NOX emission levels. VOC emissions for the nine-county 
area are projected to decrease by 21 tpd, which is about a 5 percent 
decrease between 2032 and 2014. Because the projected emissions of 
NOX and VOC will decrease between 2032 and 2014, we propose 
that the TCEQ has demonstrated maintenance of the 1-hour and 1997 ozone 
NAAQS through 2032.
---------------------------------------------------------------------------

    \12\ See our TSD for more detail on the State's submitted 
maintenance demonstration.
---------------------------------------------------------------------------

3. Monitoring Network
    The TCEQ has committed to continue to maintain an air monitoring 
network to meet regulatory requirements in the DFW area to ensure 
maintenance of the 1-hour and 1997 ozone standards. Texas has committed 
to meet monitoring requirements and continue to quality assure 
monitoring data in accordance with 40 CFR part 58, and to enter all 
data into AQS in accordance with Federal guidelines through the end of 
the maintenance period in 2032.
4. Verification of Continued Attainment
    The TCEQ has the legal authority to enforce and implement the 
requirements of the maintenance plan for the DFW area. This includes 
the authority to adopt, implement, and enforce any subsequent emission 
control measures determined as necessary to correct any future failure 
to maintain the 1-hour and 1997 ozone NAAQS.
    Verification of continued attainment is accomplished through 
operation of the ambient ozone monitoring network and the periodic 
update of the area's EI. The TCEQ has committed to continue monitoring 
ozone levels according to an EPA-approved monitoring plan. Should 
changes in the location of an ozone monitor become necessary, TCEQ will 
work with EPA to ensure the adequacy of the monitoring network. The 
TCEQ has further committed to continue to quality assure the monitoring 
data to meet the requirements of 40 CFR part 58 and enter all data into 
AQS in accordance with Federal guidelines.
    In addition, to track future levels of emissions, TCEQ will 
continue to develop and submit to EPA updated EIs for all source 
categories at least once every three years, consistent with the 
requirements of 40 CFR part 51, subpart A, and in 40 CFR 51.122. The 
most recent triennial inventory for Texas was compiled for 2014. Point 
source facilities covered by the Texas emission statement rule will 
continue to submit VOC and NOX emissions on an annual basis 
as required by 30 TAC Chapter 101.10(d).
5. Contingency Plan
    Section 175A of the CAA requires that the state must adopt a 
maintenance plan, as a SIP revision, that includes such contingency 
measures as EPA deems necessary to assure that the state will promptly 
correct a violation of the NAAQS that occurs after redesignation of the 
area to attainment of the NAAQS. The maintenance plan must identify: 
The contingency measures to be considered and, if needed for 
maintenance, adopted and implemented; a schedule and procedure for 
adoption and implementation; and a time limit for action by the state. 
The state should also identify specific indicators to be used to 
determine when the contingency measures need to be considered, adopted, 
and implemented. The maintenance plan must include a commitment that 
the state will implement all measures with respect to the control of 
the pollutant that were contained in the SIP before redesignation of 
the area to attainment in accordance with section 175A(d) of the CAA.
    As required by CAA section 175A, Texas has proposed a contingency 
plan for the DFW area to address future violations of the 1-hour and/or 
1997 ozone NAAQS. The contingency measures proposed by the TCEQ 
include, but are not limited to, the following:
     Limit VOC emissions from dryers, filtration systems, and 
fugitive emissions from petroleum dry cleaning facilities by extending 
control requirements to Ellis, Johnson, Kaufman, Parker and Rockwall 
Counties.
     Decrease in the rule threshold triggering applicability to 
requirements, such as control and inspection requirements, for 
controlling flash emissions from fixed roof crude oil and condensate 
storage tanks.
     Require the application of low solar-absorptance paint to 
VOC storage tanks.
     Implement enhanced leak detection and repair program 
measures.
     Decrease the rule threshold triggering applicability to 
requirements for storage tanks, transport vessels, and marine vessels.
     Extend control VOC emission from degassing of storage 
tanks or transport vessels in Ellis, Johnson, Kaufman, Parker and 
Rockwall Counties.
     Regulate pneumatic controllers used in oil and natural gas 
production, transmission of oil and natural gas, and natural gas 
processing.
     Extend requirement to install gas collection and control 
system on municipal solid waste landfills in Ellis, Johnson, Kaufman, 
Parker and Rockwall Counties.
     Limit VOC emission from each bakery with a bakery over 
vent gas stream in Collin, Dallas, Denton, and Tarrant Counties with 25 
to 50 tons per year of VOC emissions.
    The maintenance plan provides that a monitored and certified 
violation of the NAAQS triggers the requirement to consider, adopt, and 
implement the plan's contingency measures. The schedule and procedure 
for adoption and implementation by the State is no longer than 18 
months following a monitored and certified violation of the NAAQS. 
Given the estimated emissions in the DFW nonattainment area, we believe 
the proposed contingency measures are sufficient to address any 
potential future violations.

[[Page 29478]]

    EPA is proposing that the TCEQ's maintenance plan adequately 
addresses the five basic components of a maintenance plan: Attainment 
inventory, maintenance demonstration, monitoring network, verification 
of continued attainment, and a contingency plan. Thus, the maintenance 
plan SIP revision proposed by the TCEQ meets the requirements of CAA 
section 175A and EPA proposes to approve it as a revision to the Texas 
SIP.

III. Motor Vehicle Emissions Budgets

    The DFW maintenance plan submission includes motor vehicle 
emissions budgets (MVEBs) for the last year of the maintenance plan (in 
this case 2032). MVEBs are used to conduct regional emissions analyses 
for transportation conformity purposes. See 40 CFR 93.118. The MVEB is 
the portion of the total allowable emissions in the maintenance 
demonstration that is allocated to highway and transit vehicle use and 
emissions. See 40 CFR 93.101. As part of the interagency consultation 
process on setting MVEBs, TCEQ held discussions to determine what years 
to set MVEBs for the DFW area maintenance plan.
    We note the DFW area already has adequate NOX and VOC 
MVEBs for the 2008 ozone NAAQS (81 FR 88124, December 7, 2016). 
Therefore, the DFW area can continue to make conformity determinations 
for transportation plans, transportation improvement programs, and 
projects based on budgets for the 2008 ozone NAAQS as it has been 
doing, according to the requirements of the transportation conformity 
regulations at 40 CFR part 93.\13\ The DFW area currently demonstrates 
conformity to the 2008 and 2015 ozone NAAQS using MVEBs contained in 
the area's 2008 ozone NAAQS Reasonable Further Progress SIP revision 
(81 FR 88124). Therefore, EPA is not proposing to approve the submitted 
2032 NOx and VOC MVEBs for transportation conformity purposes. As noted 
above, EPA is proposing to find that the projected emissions inventory 
which reflects these budgets are consistent with maintenance of the 1-
hour and 8-hour standard.
---------------------------------------------------------------------------

    \13\ Transportation Conformity Guidance for the South Coast II 
Court Decision, EPA-420-B-18-050. November 2018, available on EPA's 
web page at https://www.epa.gov/state-and-local-transportation/policy-and-technical-guidance-state-and-local-transportation.
---------------------------------------------------------------------------

IV. Proposed Action

    We are proposing to determine that the DFW area is continuing to 
attain the 1-hour and 1997 8-hour ozone NAAQS, and that Texas has met 
the CAA criteria for redesignation of this area. Therefore, the EPA is 
proposing to terminate all the Serious area classification's anti-
backsliding obligations for the DFW area for the 1-hour and 1997 ozone 
NAAQS. We are also proposing to approve the plan for maintaining the 1-
hour and 1997 ozone NAAQS through 2032 in the DFW area.

V. Statutory and Executive Order Reviews

    The actions in this proposal terminate statutory and regulatory 
requirements associated with prior federal revoked ozone standards and 
do not impose any additional regulatory requirements on sources beyond 
those imposed by state law. Therefore, this action does not in and of 
itself create any new requirements. Moreover, 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. 
For that reason, these actions:
     Are 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);
     Are not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because they are not ``significant regulatory 
actions'' under Executive Order 12866;
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone.

40 CFR Part 81

    Environmental protection, Air pollution control.

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

    Dated: June 14, 2019.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2019-13126 Filed 6-21-19; 8:45 am]
 BILLING CODE 6560-50-P