[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Proposed Rules]
[Pages 64084-64089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21986]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2020-0161; FRL-10014-82-Region 6]


Air Plan Approval; Texas; Reasonable Further Progress Plan for 
the Dallas-Fort Worth Ozone Nonattainment Area

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) is proposing to approve revisions 
to the Texas State Implementation Plan (SIP) to meet the Reasonable 
Further Progress (RFP) requirements for the Dallas-Fort Worth (DFW) 
serious ozone nonattainment area for the 2008 ozone National Ambient 
Air Quality Standard (NAAQS). Specifically, EPA is proposing to approve 
the RFP demonstration and associated motor vehicle emission budgets, 
contingency measures should the area fail to make RFP emissions 
reductions or attain the 2008 ozone NAAQS by the applicable attainment 
date, and a revised 2011 base year emissions inventory for the DFW 
area.

DATES: Written comments must be received on or before November 9, 2020.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2020-0161, 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 Carrie Paige, 214-665-
6521, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making 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. While all documents in the 
docket are listed in the index, some information may not be publicly 
available due to docket file size restrictions or content (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Carrie Paige, EPA Region 6 Office, 
Infrastructure & Ozone Section, 214-665-6521, [email protected]. Out 
of an abundance of caution for members of the public and our staff, the 
EPA Region 6 office may be closed to the public to reduce the risk of 
transmitting COVID-19. We encourage the public to submit comments via 
https://www.regulations.gov, as there may be a delay in processing mail 
and courier or hand deliveries may not be accepted. Please call or 
email the contact listed above if you need alternative access to 
material indexed but not provided in the docket.

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

I. Introduction

    On May 13, 2020, the Texas Commission on Environmental Quality 
(TCEQ or State) submitted to EPA a SIP revision addressing RFP 
requirements for the 2008 8-hour ozone NAAQS for the two serious ozone 
nonattainment areas in Texas (``the TCEQ submittal''). These two areas 
are the DFW and the Houston-Galveston-Brazoria (HGB) areas. The TCEQ 
submittal also establishes motor vehicle emissions budgets (MVEBs) for 
the year 2020 and includes contingency measures for each of the DFW and 
HGB areas, should either area fail to make reasonable further progress, 
or to attain the NAAQS by the applicable attainment date.
    In this rulemaking action, we are addressing only that portion of 
the TCEQ submittal that refers to the DFW area. We are proposing to 
approve the RFP demonstration and associated contingency measures for 
RFP or failure to attain and MVEBs for the DFW area. We are also 
proposing to approve a revised 2011 base year emissions inventory (EI) 
for the DFW area. The portion of the TCEQ submittal that refers to the 
HGB area will be addressed in a separate rulemaking action.

II. Background

    In 2008, we revised the 8-hour ozone primary and secondary NAAQS to 
a level of 0.075 parts per million (ppm) to provide increased 
protection of public health and the environment (73 FR 16436, March 27, 
2008).\1\ The DFW area was classified as a moderate ozone nonattainment 
area for the 2008 ozone NAAQS \2\ and given an attainment date

[[Page 64085]]

of no later than December 31, 2018 (77 FR 30088, May 21, 2012). The DFW 
area consists of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, 
Parker, Tarrant, Rockwall, and Wise counties.
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    \1\ On October 1, 2015, the EPA promulgated a more protective 8-
hour ozone standard of 0.070 ppm (80 FR 65292, October 26, 2015). On 
April 30, 2018, the EPA promulgated designations under the 2015 
ozone standard (83 FR 25776, June 4, 2018) and in that action, the 
EPA designated Collin, Dallas, Denton, Ellis, Johnson, Kaufman, 
Parker, Tarrant, and Wise counties as a marginal ozone nonattainment 
area. The RFP plan is not required for a marginal nonattainment area 
under the 2015 ozone standard. The TCEQ submittal does not 
specifically address the 2015 ozone standard, but provides progress 
toward attaining the new standard. For more information on ozone, 
see our Technical Support Document (TSD) in the docket for this 
rulemaking and visit https://www.epa.gov/ground-level-ozone-pollution.
    \2\ Throughout this document, we refer to the 2008 8-hour ozone 
NAAQS as the ``2008 ozone NAAQS.''
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    On December 23, 2014, the D.C. Circuit Court issued a decision 
rejecting, among other things, our attainment deadlines for the 2008 
ozone nonattainment areas, finding that we did not have statutory 
authority under the CAA to extend those deadlines to the end of the 
calendar year. NRDC v. EPA, 777 F.3d 456, 464-69 (D.C. Cir. 2014). 
Consistent with the court's decision we modified the attainment 
deadlines for all nonattainment areas for the 2008 ozone NAAQS and set 
the attainment deadline for all 2008 ozone moderate nonattainment 
areas, including the DFW area as July 20, 2018 (80 FR 12264, March 6, 
2015). The DFW area did not meet the moderate attainment date and was 
reclassified as a serious ozone nonattainment area (84 FR 44238, August 
23, 2019).\3\ Accordingly, the State was required to submit revisions 
to the DFW SIP to meet serious area requirements.
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    \3\ For more on the history of ozone in the DFW area, see our 
TSD in the docket for this rulemaking and visit https://www.tceq.texas.gov/airquality/sip/dfw/dfw-ozone-history.
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    The CAA requires that areas designated as nonattainment for ozone 
and classified as moderate or worse demonstrate RFP by reducing 
emissions of ozone precursors (nitrogen oxides or NOX and 
volatile organic compounds or VOC).\4\ The EPA's final rule to 
implement the 2008 ozone standard (the ``SIP Requirements Rule'' or 
``SRR'') addressed, among other things, the RFP control and planning 
obligations as they apply to areas designated nonattainment for the 
2008 ozone standard (80 FR 12264). In the SRR, RFP was defined (for the 
purposes of the 2008 ozone standard) as meaning the progress reductions 
required under sections 172(c)(2) and 182(b)(1) and (c)(2)(B) and 
(c)(2)(C) of the CAA (80 FR 12264, 12313).\5\ RFP plans must also 
include a MVEB, which provides the allowable on-road mobile emissions 
an area can produce and continue to demonstrate RFP (57 FR 13498, 
13558, April 16, 1992).
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    \4\ See CAA sections 172(c)(2) and 182(b)(1) and 40 CFR 51.1110.
    \5\ See 40 CFR 51.1110.
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    The RFP plan for the DFW moderate ozone nonattainment area for the 
2008 ozone NAAQS was approved on December 7, 2016 and it demonstrated 
required emissions reductions through the end of calendar year 2017 (81 
FR 88124). Because the DFW area was reclassified as a serious ozone 
nonattainment area, pursuant to CAA section 182(c)(2) and 40 CFR 
51.1110, the RFP SIP for the DFW area must demonstrate NOX 
and/or VOC emissions reductions of at least 3 percent for each of 
calendar years 2018, 2019, and 2020 and an additional 3 percent for 
contingency measures in 2021, should the area fail to meet RFP or fail 
to attain the 2008 ozone NAAQS by the July 20, 2021 attainment date. 
Finally, the emissions reductions must occur within the DFW area.

III. EPA's Evaluation of the TCEQ Submittal

    We reviewed the TCEQ submittal for consistency with the 
requirements of the CAA and EPA regulations and guidance. A summary of 
our analysis and findings are provided below. For a more detailed 
discussion of our evaluation, please see our TSD in the docket for this 
rulemaking action.

A. Revised 2011 Base Year Emissions Inventory

    An emissions inventory (EI) is a collection of data that lists, by 
source, the amount of air pollutants discharged into the atmosphere, 
during a year or other time period. The EI includes estimates of the 
emissions associated with the air quality problems in the area (in this 
case, NOX and VOC) from various pollution sources.
    Pursuant to the EI regulations at 40 CFR 51.1115, the State 
submitted a base year EI for the 2008 ozone NAAQS, which we approved 
for the DFW area.\6\ The State submitted a revised 2011 base year EI 
for the moderate nonattainment area RFP plan for the DFW area, which we 
approved (81 FR 88124). In the TCEQ submittal, the State further 
refined the 2011 base year EI for the DFW area. Pursuant to 40 CFR 
51.1110(b), the values in the submitted 2011 base year EI are actual 
ozone season day emissions. Pursuant to CAA sections 172(c)(3) and 
182(b)(1), the submitted 2011 base year EI consists of NOX 
and VOC emissions from all sources inside the nonattainment area. 
Compared with the 2011 base year EI that we previously approved at 81 
FR 88124 (December 7, 2016), the submitted 2011 base year 
NOX emissions decrease by 26.97 tons per day (tpd) and VOC 
emissions increase by 14.94 tpd. The revised 2011 base year EI was 
developed using EPA-approved guidelines for point, mobile, and area 
emission sources. Point source emissions data for 2011 were pulled from 
the State of Texas Air Reporting System (STARS) database--these data 
also include all authorized/planned Startup, Shutdown and Maintenance 
emissions.\7\ On-road and nonroad mobile source emissions were 
calculated using the EPA's MOVES2014a model \8\ combined with local 
activity inputs including vehicle miles traveled (VMT) and average 
speed data, as well as local fleet, age distribution, and fuels 
information. Area sources include many categories of emissions. The EPA 
finds that these sources were adequately accounted for in the revised 
2011 base year EI. The methodology used to calculate emissions for each 
respective category followed relevant EPA EI guidance \9\ and was 
sufficiently documented in the TCEQ submittal.\10\ We are proposing to 
approve the revised 2011 base year EI. Table 1 summarizes the revised 
EI for the DFW area. See our TSD for more detail.
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    \6\ See 80 FR 9204, February 20, 2015.
    \7\ States are not obligated to include malfunction emissions in 
the base year inventory for RFP plans. See the discussion beginning 
on page 83 of Emissions Inventory Guidance for Implementation of 
Ozone and Particulate Matter National Ambient Air Quality Standards 
(NAAQS) and Regional Haze Regulations EPA-454/B-17-003, available at 
https://www.epa.gov/sites/production/files/2017-07/documents/ei_guidance_may_2017_final_rev.pdf (hereinafter referred to as 
``EPA's EI Guidance'') (July 2017).
    \8\ EPA's Motor Vehicle Emission Simulator (MOVES) is a state-
of-the-science emission modeling system that estimates emissions for 
mobile sources at the national, county, and project level for 
criteria air pollutants, greenhouse gases, and air toxics. See 
https://www.epa.gov/moves.
    \9\ In addition to EPA's EI Guidance, see MOVES2014 and 
MOVES2014a Technical Guidance: Using MOVES to Prepare Emission 
Inventories for State Implementation Plans and Transportation 
Conformity, EPA-420-B-15-093, available at https://nepis.epa.gov/Exe/ZyPDF.cgi/P100NN9L.PDF?Dockey=P100NN9L.pdf (Nov. 2015).
    \10\ See our TSD and the TCEQ submittal with appendices in the 
docket for this rulemaking.

[[Page 64086]]



                          Table 1--Previously Approved (81 FR 88124), and Updated RFP Base Year EIs for the DFW Area 2011 Base Year Inventory, Reported in Tons per Day
                                                                                              [tpd]
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                                                                                                NOX                                                             VOC
                                                                 -------------------------------------------------------------------------------------------------------------------------------
                           Source type                                Approved at 81 FR 88124             TCEQ submittal              Approved at 81 FR 88124             TCEQ submittal
                                                                 -------------------------------------------------------------------------------------------------------------------------------
                                                                    9 Counties         Wise         9 Counties         Wise         9 Counties         Wise         9 Counties         Wise
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Point...........................................................           31.34            8.61           31.34            8.61           27.66            2.14           27.54            2.35
Area............................................................           37.69           13.29           37.69           13.29          262.36           28.95          262.35           28.95
Non-road Mobile.................................................          110.26            6.69           86.08            5.96           53.38            1.25           40.28            1.21
On-road Mobile..................................................          235.23            5.90          231.83            7.24          102.39            1.73          100.19            2.05
Subtotal........................................................          414.52           34.49          386.94           35.10          445.79           34.07          430.36           34.56
                                                                 -------------------------------------------------------------------------------------------------------------------------------
    Total.......................................................              449.01
                                                                              422.04
                                                                              479.86
                                                                              464.92
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B. Reasonable Further Progress Demonstration

    To calculate the required RFP emission reductions, CAA section 182 
and 40 CFR 51.1110(b) require that the percent reduction be calculated 
from the base year EI. The required reductions are then subtracted from 
the 2011 base year EI to provide the RFP emissions target numbers. See 
our TSD and the TCEQ submittal for more detail. The RFP calculations 
are shown in Table 2.

   Table 2--Calculation of RFP Target Emission Reductions Through 2020
                                  [tpd]
------------------------------------------------------------------------
               Description                      NOX             VOC
------------------------------------------------------------------------
a. 2011 Emissions Inventory for Wise               35.10           34.56
 County (from Table 1)..................
b. Percent of VOC to meet 15% reduction   ..............              15
 for Wise County........................
c. 2011 Emissions Inventory for the 9             386.94          430.36
 Counties (from Table 1)................
d. Percent of NOX and VOC to meet 15%                 14               1
 reduction for the 9 Counties
 (percentages must total 15)............
e. Total Emissions Inventory for all 10           422.04          464.92
 Counties (from Table 1)................
f. Percent of NOX and VOC to meet 9%                   8               1
 reduction..............................
g. 15% NOX and VOC reduction, 2011-2017,  ..............            5.18
 for Wise County (row a multiplied by
 row b) (34.56 x 0.15 = 5.18)...........
h. 15% NOX and VOC reduction, 2011-2017,           54.17            4.30
 for the 9 Counties (row c multiplied by
 row d) (386.94 x 0.14 = 54.17) and
 (430.36 x 0.01 = 4.30).................
i. 9% NOX and VOC reduction, 2018-2020             33.76            4.65
 (row e multiplied by row f) (422.04 x
 0.08 = 33.76) and (464.92 x 0.01 =
 4.65)..................................
j. Total emissions reductions for 2011-            87.93           14.13
 2020 (add rows g, h, and i)............
k. 2020 Target Level of Emissions (row e          334.11          450.79
 minus row j)...........................
------------------------------------------------------------------------

    To determine whether the area is able to meet the RFP target, the 
State must establish the future year (2020) EI and subtract any control 
measures that will be applied to sources in the DFW area. Section 
182(b)(1)(A) of the Act requires that states provide sufficient control 
measures in their RFP plans to offset growth in emissions. The controls 
identified by the State to achieve RFP are listed in Table 3. For more 
detail on these controls, see our TSD and the TCEQ submittal.
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    \11\ I/M is not implemented in Wise County--see 82 FR 27122 
(June 14, 2017).
    \12\ The increase in NOX emissions is due to the 
engine modifications required to meet the VOC and CO standards of 
the Small SI Phase 1.

  Table 3--DFW Area Control Measures and Projected Emission Reductions,
                                2011-2020
                                  [tpd]
------------------------------------------------------------------------
      Control strategy description              NOX             VOC
------------------------------------------------------------------------
Federal Motor Vehicle Control Program             796.66          290.23
 (FMVCP)................................
Reformulated Gasoline (RFG)/East Texas             54.23           15.17
 Regional use of gasoline with low Reid
 Vapor Pressure (RVP)/Low Sulfur
 Gasoline/Ultra Low Sulfur Diesel (ULSD)
Inspection and Maintenance (I/M) \11\...            6.87            8.14
On-road Texas Low Emission Diesel                   2.65            0.00
 (TxLED)................................
Tier I and II locomotive NOX standards..           19.15            0.74
Small non-road Spark Ignition (SI)                 -3.88           33.19
 engines (Phase I) \12\.................
Heavy duty non-road engines.............           37.44           14.79
Tiers 2 and 3 non-road diesel engines...           38.06            3.15
Small non-road SI engines (Phase II)....            2.71           32.19
Large non-road SI and recreational                 36.77           16.48
 marine.................................
Non-road TxLED..........................            3.89            0.00
Non-road RFG............................            0.01            0.49
Tier 4 non-road diesel engines..........           25.93            1.14

[[Page 64087]]

 
Small SI (Phase III)....................            2.47           16.99
Drilling rigs: Federal engine standards             0.31            0.11
 and TxLED..............................
                                         -------------------------------
    Total Projected Emission Reductions.        1,023.27          432.81
------------------------------------------------------------------------

    To determine whether the area will meet the RFP targets, we 
subtract the projected emission reductions (Table 3) from the projected 
EI of uncontrolled emissions for 2020. The projected EI will reflect 
emissions resulting from anticipated changes in activity from 2011 to 
2020, such as emissions increases due to growth in population and VMT. 
The projected EI was also adjusted to account for available (unused) 
emissions credits--to account for the possible use of banked emissions, 
all banked emissions reduction credit (ERC) and discrete emissions 
reduction credit (DERC) data were also used to forecast growth.\13\ The 
methodology used to forecast the 2020 emissions for each respective 
category followed relevant EPA EI guidance and was sufficiently 
documented in the TCEQ submittal. The projected EI data in Table 4 are 
labeled as ``uncontrolled'' emissions. To achieve RFP, the amount of 
emissions remaining after subtracting the emissions reductions from the 
control measures must be equal to or less than the target inventories 
calculated in Table 2.
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    \13\ Emissions credits are banked emissions reductions that may 
return to the air shed in the future when these emissions credits 
are used either to modify existing facilities, construct new 
facilities, or demonstrate compliance with source-specific emissions 
limit obligations where provided for in Texas SIP rules. For more 
detail, see the TSD and the TCEQ submittal.

   Table 4--Summary of RFP Demonstration for the DFW Area Through 2020
                                  [tpd]
------------------------------------------------------------------------
               Description                      NOX             VOC
------------------------------------------------------------------------
a. 2020 Uncontrolled emissions..........        1,307.93          855.96
b. Projected emissions reductions               1,023.27          432.81
 through 2020 (from Table 3)............
c. Projected Emissions after Reductions           284.66          423.15
 (subtract line b from line a)..........
d. 3% reductions reserved for prior                 8.44            4.65
 (2017-2018) RFP milestone contingency
 measures...............................
e. Projected emissions, including prior           293.10          427.80
 contingency requirement (add lines c
 and d).................................
f. 2020 Target (from Table 3 above, line          334.11          450.79
 k).....................................
If the projected emissions (line e) are              Yes             Yes
 less than the RFP target (line f), the
 area demonstrates RFP. Is line e less
 than line f?...........................
g. Subtract line e from line f for                 41.01           22.99
 surplus................................
------------------------------------------------------------------------

    In Table 4, we see that the projected emissions in row e, after 
accounting for reductions from controls and the 2017-2018 contingency 
measures, are less than the 2020 RFP target emissions and thus, 
demonstrate RFP. We are proposing that the emissions reductions 
projected for 2020 are sufficient to meet the 2020 RFP targets.

C. Contingency Measures

    As noted earlier, RFP plans for moderate and above nonattainment 
areas must include contingency measures, which, consistent with CAA 
section 172(c)(9), ``shall provide for the implementation of specific 
measures to be undertaken if the area fails to make reasonable further 
progress, or to attain the national primary ambient air quality 
standard by the attainment date applicable under this part.'' EPA has 
long interpreted the contingency measures provision to allow states to 
rely on measures already in place and implemented so long as those 
reductions are beyond those relied on for purposes of the attainment or 
RFP planning SIP.\14\ In addition, the April 16, 1992 General Preamble 
provided the following guidance: ``States must show that their 
contingency measures can be implemented with minimal further action on 
their part and with no additional rulemaking actions such as public 
hearings or legislative review. In general, EPA will expect all actions 
needed to affect full implementation of the measures to occur within 60 
days after EPA notifies the State of its failure'' (57 FR 13512, April 
16, 1992).
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    \14\ This interpretation has been upheld by the Fifth Circuit 
Court of Appeals (and the State of Texas is within the Fifth Circuit 
jurisdiction). See LEAN v. EPA, 382 F.3d 575 (5th Cir. 2004).
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    While the CAA does not specify the type of measures or quantity of 
emissions reductions required, EPA interprets the CAA to mean that 
implementation of these contingency measures would provide additional 
emissions reductions of up to 3 percent of the adjusted base year 
inventory (or a lesser percentage that will make up the identified 
shortfall) in the year following the missed milestone, whether it be 
RFP or attainment.\15\
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    \15\ See the April 16, 1992 General Preamble section III.A.3.c 
(57 FR 13498 at 13511).
    \16\ As noted earlier in this rulemaking, the I/M program was 
approved into the SIP in 2001 (66 FR 57261). See footnotes 14 and 15 
regarding approval of RFG and TxLED in the SIP.
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    The TCEQ submittal provides NOX and VOC emission 
reductions to meet the requirement for contingency measures for the DFW 
area. These contingency measure reductions are not otherwise relied 
upon for RFP or for attainment. The TCEQ submittal includes but is not 
limited to surplus emissions reductions from the 2020 RFP demonstration 
(see Table 4, line g) for the DFW area contingency measure 
demonstration. The TCEQ submittal also includes emission reductions 
that will take place during calendar year 2021 for the DFW area 
contingency measure demonstration--these contingency measures consist 
of State mobile source measures that are already approved in the SIP 
(I/M, RFG, and TxLED) \16\ and federal measures (FMVCP and ULSD). Thus, 
the contingency measures for 2021 are

[[Page 64088]]

reliable, permanent, and enforceable. The contingency measures are 
listed in Table 5.

     Table 5--Demonstration of the DFW Area RFP Contingency Measures
                                  [tpd]
------------------------------------------------------------------------
               Description                      NOX             VOC
------------------------------------------------------------------------
a. 2011 Base year emissions (from Table           422.04          464.92
 1).....................................
b. Percent of NOX and VOC to meet                      2               1
 contingency measure requirement
 (percentage must total 3)..............
c. 3% NOX reduction for 2021 (row a                 8.44            4.65
 multiplied by row b) (422.04 x 0.02 =
 8.44, and 464.92 x 0.01 = 4.65)........
------------------------------------------------------------------------
Excess reductions to meet contingency                NOX             VOC
 requirement
------------------------------------------------------------------------
d. Surplus RFP reductions (from Table 4)           41.01           22.99
e. Subtract 2020 RFP MVEB safety margin.           -9.76           -5.68
f. 2020 to 2021 emission reductions                24.69            9.12
 (FMVCP, I/M, RFG, East Texas Regional
 low RVP, 2017 low sulfur gasoline
 standard on-road TxLED, and ULSD)......
g. 2020 to 2021 emission reductions                 2.75            2.48
 (federal non-road mobile new vehicle
 certification standards, non-road RFG,
 and non-road TxLED)....................
h. Total projected emissions reductions,           58.69           28.91
 accounting for MVEB safety margin (add
 lines d, e, f, and g)..................
If the projected reductions (line h) are             Yes             Yes
 greater or equal to the reductions
 needed to meet the contingency
 requirement (line c), then the
 contingency requirement is met. Is line
 h greater than line c?.................
Subtract line c from line h for surplus.           50.25           24.26
------------------------------------------------------------------------

    In Table 5, we see that the contingency measures provided for the 
DFW area, after accounting for the MVEB safety margin, are more than 
sufficient to meet the 3 percent contingency requirement. Indeed, if 
the DFW area relied only on the contingency measures scheduled for 
implementation during 2021 (Table 5, lines f and g), after accounting 
for the MVEB safety margin, those contingency measures alone would be 
adequate to meet the 3 percent contingency requirement. In addition, 
the contingency measures that occur from 2020 to 2021 are State and 
Federal measures that are already approved into the Texas SIP and as 
such are expected to be implemented with no further action by the State 
and with no additional rulemaking actions. Our evaluation of these 
contingency measures finds that the full implementation of such 
measures within 60 days after EPA notifies the State of its failure is 
achievable because the contingency measures that occur from 2020 to 
2021 are State and Federal measures already approved into the Texas SIP 
and as such are expected to be implemented with no further action by 
the State. We are proposing to approve the contingency measures for the 
DFW area.

D. Motor Vehicle Emission Budgets

    The MVEB is the mechanism to determine if future transportation 
plans conform to the SIP. Transportation conformity is required by CAA 
section 176(c) and mandates that future transportation plans must not 
produce new air quality violations, worsen existing violations, delay 
RFP milestones, or delay timely attainment of the NAAQS. Thus, pursuant 
to CAA section 176(c), the RFP plan must include MVEBs for 
transportation conformity purposes. The MVEB is the maximum amount of 
emissions allowed in the SIP for on-road motor vehicles. The DFW RFP 
SIP contains VOC and NOX MVEBs for RFP milestone year 2020 
(see Table 6). On-road emissions must be shown in future transportation 
plans to be less than the MVEBs for 2020 and subsequent years.
    EPA is evaluating the adequacy of the submitted MVEBs in parallel 
to this proposed approval action. Once EPA finds the submitted MVEBs 
are adequate for transportation conformity purposes, those 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. EPA's criteria for determining adequacy of a MVEB 
are set out in 40 CFR 93.118(e)(4). The process for determining 
adequacy is described in our TSD.
    EPA intends to make its determination on the adequacy of the 2020 
RFP MVEBs for the DFW area for transportation conformity purposes soon, 
by completing the adequacy process that was started on June 3, 
2020.\17\ After EPA finds the 2020 MVEBs adequate or approves them, the 
new MVEBs for NOX and VOC must be used for future 
transportation conformity determinations. For required regional 
emissions analysis years 2020 and beyond, the applicable budgets will 
be the new 2020 MVEBs. We are proposing to approve the 2020 MVEBs for 
the DFW area.
---------------------------------------------------------------------------

    \17\ On June 3, 2020, EPA posted the DFW area NOX and 
VOC MVEBs on EPA's website for the purpose of soliciting public 
comments, as part of the adequacy process. The comment period closed 
on July 3, 2020, and we received no comments. For more information, 
visit https://www.epa.gov/state-and-local-transportation/state-implementation-plans-sip-submissions-currently-under-epa#dallas-fort-worth-rea.

          Table 6--RFP Motor Vehicle Emissions Budgets for DFW
                                  [tpd]
------------------------------------------------------------------------
                      Year                            NOX         VOC
------------------------------------------------------------------------
2020............................................     107.25       62.41
------------------------------------------------------------------------

III. Proposed Action

    We are proposing to approve revisions to the Texas SIP that address 
the RFP requirements for the DFW serious ozone nonattainment area for 
the 2008 ozone NAAQS. Specifically, we are proposing to approve the RFP 
demonstration and associated MVEBs, contingency measures for RFP or 
failure-to-attain, and the revised 2011 base year EI for the DFW area. 
Further, as part of today's action, EPA is describing the status of its 
adequacy determination for the NOX and VOC MVEBs for 2020 in 
accordance with 40 CFR 93.118(f)(2). Within 24 months from the 
effective date of EPA's adequacy determination for the MVEBs or the 
publication date for the final rule for this action, whichever is 
earlier, the transportation partners will need to demonstrate 
conformity to the new NOX and VOC MVEBs pursuant to 40 CFR 
93.104(e)(3).

[[Page 64089]]

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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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, Nitrogen dioxide, Ozone, Volatile organic compounds.

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

    Dated: September 30, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020-21986 Filed 10-8-20; 8:45 am]
BILLING CODE 6560-50-P