
[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Proposed Rules]
[Pages 8274-8278]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03152]



[[Page 8274]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R06-OAR-2014-0536; FRL-9923-13-Region 6]


Determination of Nonattainment and Reclassification of the 
Dallas/Fort Worth 1997 8-Hour Ozone Nonattainment Area; Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the Dallas/Fort Worth (DFW) 8-hour ozone nonattainment 
area did not attain the 1997 8-hour ozone national ambient air quality 
standard (NAAQS or standard) by June 15, 2013, the attainment deadline 
set forth in the Code of Federal Regulations (CFR) for a Serious ozone 
nonattainment area under this standard. This proposal is based on EPA's 
review of complete, quality assured and certified ambient air quality 
monitoring data for the 2010-2012 monitoring period that are available 
in the EPA Air Quality System (AQS) database. If the EPA finalizes this 
determination, the DFW area will be reclassified by operation of law as 
a Severe ozone nonattainment area for the 1997 8-hour ozone standard. 
The EPA is also proposing that Texas must submit to the EPA the State 
Implementation Plan (SIP) revisions to address the Severe ozone 
nonattainment area requirements of the Act no later than one year after 
the effective date of the final rulemaking for this reclassification.

DATES: Comments must be received on or before March 19, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2014-0536, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions.
     Email: Ms. Carrie Paige at paige.carrie@epa.gov.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2014-0536. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through http://www.regulations.gov or email, if you believe that it is 
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means that EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment along with any disk or CD-ROM 
submitted. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters and any form of encryption and should be free of any 
defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI). 
To inspect the hard copy materials, please schedule an appointment with 
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph 
below or Mr. Bill Deese at 214-665-7253.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, Air Planning Section 
(6PD-L); telephone (214) 665-6521; email address paige.carrie@epa.gov.

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

Table of Contents

I. Background
II. EPA's Evaluation of the DFW Area's 1997 8-Hour Ozone Data
III. The Consequences of Reclassification
IV. The 2008 Ozone Standard and Its Effect on Reclassification of 
the DFW Area
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. Background

A. The National Ambient Air Quality Standards

    Section 109 of the Clean Air Act (CAA or Act) requires the EPA to 
establish a NAAQS for pollutants that ``may reasonably be anticipated 
to endanger public health and welfare'' and to develop a primary and 
secondary standard for each NAAQS. The primary standard is designed to 
protect human health with an adequate margin of safety and the 
secondary standard is designed to protect public welfare and the 
environment. The EPA has set NAAQS for six common air pollutants, also 
referred to as criteria pollutants: carbon monoxide, lead, nitrogen 
dioxide, ozone, particulate matter, and sulfur dioxide. These standards 
present state and local governments with the minimum air quality levels 
they must meet to comply with the Act. Also, these standards provide 
information to residents of the United States about the air quality in 
their communities.

B. The 1997 8-Hour Ozone Standard

    Ozone is a gas composed of three oxygen atoms. It is not usually 
emitted directly into the air, but at ground level is created by a 
chemical reaction between volatile organic compounds (VOCs) and oxides 
of nitrogen (NOX) in the presence of sunlight.\1\ On July 
18, 1997, the EPA promulgated an 8-hour ozone standard of 0.08 parts 
per million (ppm).\2\ See 62 FR 38856 and 40 CFR 50.10.
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    \1\ For additional information on ozone, please visit 
www.epa.gov/groundlevelozone.
    \2\ In this action we refer to the 1997 8-hour ozone standard as 
``the 1997 ozone standard.''
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    Consistent with the EPA regulations in section 2.3 of 40 CFR part 
50, Appendix I: ``The primary and secondary ozone ambient air quality 
standards are met at an ambient air quality monitoring site when the 3-
year average of the annual fourth-highest daily maximum 8-hour average 
ozone concentration is less than or equal to 0.08 ppm. The number of 
significant figures in the level of the standard dictates the rounding 
convention for comparing the computed 3-year average annual fourth-
highest daily maximum 8-hour average ozone concentration with the level 
of the standard. The third decimal place of the computed value is 
rounded, with values equal to or greater than 5 rounding up. Thus, a 
computed 3-year average ozone concentration of 0.085 ppm is the 
smallest value that is greater than 0.08 ppm.'' \3\ In addition,

[[Page 8275]]

the ambient air quality monitoring data for the 3-year period must meet 
a data completeness requirement, which is met when the average 
percentage of days with valid ambient monitoring data is greater than 
90 percent, and no single year has less than 75 percent data 
completeness as determined in Appendix I of part 50.
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    \3\ For ease of communication, many reports of ozone 
concentrations are given in parts per billion (ppb); ppb = ppm x 
1000. Thus, 0.085 ppm becomes 85 ppb.
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C. The SIP and its Relation to the 1997 Ozone Standard

    The Act requires states to develop air pollution regulations and 
control strategies to ensure that for each area designated 
nonattainment for a NAAQS, state air quality will meet the NAAQS 
established by the EPA. Each state must submit these regulations and 
control strategies to the EPA for approval and incorporation into the 
Federally-enforceable SIP. Each Federally-approved SIP protects air 
quality primarily by addressing air pollution at its point of origin. 
The SIPs may contain state regulations or other enforceable documents 
and supporting information such as emission inventories, monitoring 
networks, and modeling demonstrations.
    For ozone nonattainment areas, requirements for SIPs are contained 
in Part D, subparts 1 and 2 of the Act. Under subpart 2, the applicable 
control requirements become increasingly more stringent according to an 
area's classification. The five classifications are Marginal, Moderate, 
Serious, Severe or Extreme, with Marginal areas subject to the least 
stringent requirements and Extreme areas subject to the most.
    The EPA published two sets of regulations governing how the 
provisions of the CAA would apply for purposes of implementing the 1997 
ozone standard. On April 30, 2004 (69 FR 23951), EPA promulgated the 
Phase 1 Rule, which addressed, among other matters, classifications for 
areas designated nonattainment for the 1997 ozone standard.
    The EPA published a second rule, the Phase 2 Rule on November 29, 
2005 (70 FR 71612), and made several revisions to that rule on June 8, 
2007 (72 FR 31727). The Phase 2 rule addresses SIP obligations for the 
1997 ozone standard, including the SIP elements associated with 
reasonably available control technology (RACT), reasonably available 
control measures (RACM), reasonable further progress (RFP), modeling 
and attainment demonstrations, new source review, vehicle inspection 
and maintenance (I/M) programs, and contingency measures for failure to 
meet RFP and the attainment date.

D. The DFW Nonattainment Area and Its Current Nonattainment 
Classification Under the 1997 Ozone Standard

    On April 30, 2004, the EPA designated nine counties as the DFW 
nonattainment area for the 1997 ozone standard (i.e., Collin, Dallas, 
Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant 
counties) and this 9-county area was classified under subpart 2 of the 
Act, as ``Moderate'' (69 FR 23858).\4\ For areas subject to subpart 2 
of the Act, the maximum period to achieve attainment runs from the 
effective date of designations and classifications for the 1997 ozone 
standard and corresponds to the same length of time provided in Table 1 
of Section 181(a) of the Act: Marginal--3 years; Moderate--6 years; 
Serious--9 years; Severe--15 years; and Extreme--20 years. 40 CFR 
51.903.
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    \4\ On March 27, 2008 (73 FR 16436), the EPA promulgated a 
revised 8-hour ozone standard of 0.075 ppm (``the 2008 ozone 
standard''). On April 30, 2012, the EPA promulgated designations 
under the 2008 ozone standard (77 FR 30088, May 21, 2012) and in 
that action, the EPA designated 10 counties as a Moderate ozone 
nonattainment area: Collin, Dallas, Denton, Ellis, Johnson, Kaufman, 
Parker, Rockwall, Tarrant, and Wise. The EPA's actions herein do not 
address the DFW nonattainment area for the 2008 ozone standard.
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    The DFW nonattainment area was classified as Moderate based on a 
design value at the time of designation (DV) of 0.10 ppm, with an 
attainment date of June 15, 2010 (69 FR 23858). The DV of an area 
characterizes the severity of the air quality and is represented by the 
highest DV measured at any ozone monitor in the area. The calculation 
for the DV is the three-year average of the annual fourth-highest daily 
maximum 8-hour average ozone concentration measured at a monitor. In 
response to the designation, the State of Texas submitted an attainment 
plan designed to meet the 1997 ozone standard and we conditionally 
approved this plan on January 14, 2009 (74 FR 1903).\5\
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    \5\ In the next paragraph, we describe how the DFW area failed 
to attain the 1997 ozone standard by its Moderate attainment date 
and was reclassified as a Serious ozone nonattainment area. 
Following reclassification to Serious, the State submitted a revised 
attainment plan for the DFW area. We are addressing the State's 
revised Moderate area SIP that addressed the conditional approval 
and the State's Serious area SIP in separate rulemaking actions.
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    Section 181(b)(2) of the Act prescribes the process for making a 
determination of whether an ozone nonattainment area met the standard 
by its attainment date. Section 181(b)(2)(A) of the Act requires that 
the EPA determine, based on the area's ozone design value (as of the 
attainment date), whether or not the area attained the ozone standard 
by that date. For Marginal, Moderate, and Serious areas, if the EPA 
finds that the nonattainment area has failed to attain the ozone 
standard by the applicable attainment date, the area must be 
reclassified by operation of law to the higher of (1) the next higher 
classification for the area, or (2) the classification applicable to 
the area's design value as determined at the time of the required 
Federal Register notice. Section 181(b)(2)(B) requires the EPA to 
publish in the Federal Register a notice identifying any area that has 
failed to attain by its attainment date and, if applicable, the 
resulting reclassification. The DFW area failed to attain the 1997 
ozone standard by its Moderate attainment date of June 15, 2010, and 
was consequently reclassified as a Serious ozone nonattainment area 
with an attainment date of no later than June 15, 2013 (75 FR 79302, 
December 20, 2010).

II. EPA's Evaluation of the DFW Area's 1997 8-Hour Ozone Data

    The EPA is proposing to determine the DFW area did not attain the 
1997 ozone standard by its attainment deadline of June 15, 2013 based 
on quality-assured, quality-controlled ambient air monitoring data for 
the years 2010-2012 that show the area was violating the 1997 ozone 
standard. These data from sites in the DFW area have been certified by 
the TCEQ and are presented in Table 1. As noted earlier in this action, 
the highest DV at any regulatory monitor in the area is considered the 
DV for the area (40 CFR 58.1). The Keller monitoring site recorded the 
highest 2010-2012 design value--0.087 ppm--which is also the design 
value for the area. Thus, pursuant to section 181(b)(2) of the Act, the 
EPA is proposing to determine that the DFW nonattainment area did not 
attain the 1997 ozone standard by the June 15, 2013, deadline for 
Serious nonattainment areas.

[[Page 8276]]



       Table 1--DFW Area Fourth Highest 8-Hour Ozone Concentrations and Design Values (ppm),\6\ 2010-2012
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                                                                      4th Highest daily max
                       Site name and No.                        ---------------------------------  Design value
                                                                    2010       2011       2012      (2010-2012)
----------------------------------------------------------------------------------------------------------------
Fort Worth Northwest, 48-439-1002..............................  \7\ 0.081      0.082      0.077           0.080
Keller, 48-439-2003............................................      0.085      0.097      0.079           0.087
Frisco, 48-085-0005............................................      0.074      0.091      0.084           0.083
Midlothian OFW, 48-139-0016....................................      0.072      0.080      0.078           0.076
Denton Airport South, 48-121-0034..............................      0.074      0.095      0.081           0.083
Arlington Municipal Airport, 48-439-3011.......................      0.079      0.080      0.092           0.083
Dallas North No. 2, 48-113-0075................................      0.071      0.088      0.086           0.081
Rockwall Heath, 48-397-0001....................................      0.073      0.080      0.080           0.077
Grapevine Fairway, 48-439-3009.................................      0.083      0.091      0.086           0.086
Kaufman, 48-257-0005...........................................      0.064      0.074      0.073           0.070
Eagle Mountain Lake, 48-439-0075...............................      0.080      0.080      0.087           0.082
Parker County, 48-367-0081.....................................      0.070      0.088      0.076           0.078
Cleburne Airport, 48-251-0003..................................      0.078      0.079      0.082           0.079
Dallas Hinton St., 48-113-0069.................................      0.075      0.084      0.087           0.082
Dallas Executive Airport, 48-113-0087..........................      0.078      0.082      0.085           0.081
Pilot Point, 48-121-1032.......................................      0.078      0.091      0.078           0.082
Italy, 48-139-1044.............................................      0.063      0.075      0.071           0.069
----------------------------------------------------------------------------------------------------------------

    Under  section 181(a)(5) of the Act and 40 CFR 51.907, an area can 
qualify for up to 2 one-year extensions of its attainment date if it 
meets the conditions set forth in 40 CFR 51.907. For the 1997 ozone 
standard, if an area's fourth highest daily maximum 8-hour average 
value in the attainment year is 0.084 ppm or less (40 CFR 51.907), the 
area is eligible for the first one-year extension to the attainment 
date. The attainment year is the year immediately preceding the 
attainment date (40 CFR 51.900(g)), thus the DFW area's attainment year 
is 2012. In 2012, the area's fourth-highest daily maximum 8-hour was 
0.092 ppm at the Arlington monitor site. Therefore, the DFW area does 
not qualify for a 1-year extension of its Serious area attainment 
deadline.
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    \6\ Design value calculations for the 1997 ozone standard are 
based on a rolling three-year average of the annual 4th highest 
values (40 CFR part 50, Appendix I).
    \7\ As happens on occasion, this particular value varies from 
that reported on the State Web site (see www.tceq.texas.gov/cgi-bin/compliance/monops/8hr_attainment.pl). For comparison and 
confirmation, the AQS report for these monitors, for 2010 through 
2013, is provided in the docket for this rulemaking.
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    Section 181(b)(2)(A) of the Act provides that, should the EPA find 
that an area fails to attain by the applicable date, the area shall be 
reclassified by operation of law to the higher of: The next higher 
classification for the area; or the classification applicable to the 
area's ozone design value at the time of the reclassification. The 
classification that would be applicable to the DFW area's ozone DV at 
the time of today's notice is ``Marginal'' because the area's 
calculated DV, based on quality-assured ozone monitoring data from 
2011-2013, is 0.087 ppm.\8\ By contrast, the next higher classification 
for the DFW area is ``Severe.'' Because ``Severe'' is a higher 
nonattainment classification than ``Marginal'' under the statutory 
scheme in the Act, upon the effective date of the final rulemaking 
determining that the DFW has failed to attain the 1997 ozone standard 
by the applicable attainment date of June 15, 2013, the DFW area will 
be reclassified by operation of law as ``Severe.''
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    \8\ As indicated earlier in this rulemaking, the DV for the 
2010-2012 ozone season is 0.087 ppm, too. The DFW area fourth 
highest 8-hour ozone concentrations and DVs for 2011-2013 are 
provided in the docket for this rulemaking.
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III. The Consequences of Reclassification

A. Effect of Reclassification on Stationary Air Pollution Sources

    Upon reclassification, stationary air pollution sources in the DFW 
ozone nonattainment area will be subject to Severe ozone nonattainment 
area New Source Review (NSR) and Title V permit requirements. The 
source applicability threshold for major sources and major source 
modification emissions is lowered to those that emit or have the 
potential to emit at least 25 tons per year (tpy) of VOC and 
NOX. For new and modified major stationary sources subject 
to review under Texas Administrative Code Title 30, Chapter 116, 
Section 116.150 (30 TAC 116.150) in the EPA approved SIP, VOC and 
NOX emissions increases from the proposed construction of 
new or modified major stationary sources must be offset by emissions 
reductions meeting a minimum offset ratio of 1.30 to 1. See 30 TAC 116 
and 40 CFR 52.2270(c).

B. Use of Reformulated Gasoline

    Effective one year after the reclassification of the DFW area as a 
Severe ozone nonattainment area, the requirement at section 
211(k)(10)(D) of the Act would expand the prohibition of the sale of 
conventional gasoline and require the use of reformulated gasoline in 
Ellis, Johnson, Kaufman, Parker, and Rockwall counties. Currently, the 
prohibition applying to the sale of conventional gasoline in the DFW 
area is limited to Collin, Dallas, Denton and Tarrant counties (see 57 
FR 46316, October 8, 1992).

C. Proposed Date for Submitting a Revised SIP for the DFW Area

    Pursuant to section 181(b)(2) of the Act, the EPA is proposing to 
determine that the DFW area did not attain the 1997 ozone standard by 
the attainment deadline for Serious ozone nonattainment areas. If the 
EPA takes final action on this determination as proposed, the DFW area 
will be reclassified by operation of law from Serious to Severe 
nonattainment. Severe areas are required to attain the standard ``as 
expeditiously as practicable'' but no later than 15 years after 
designation, or June 15, 2019.\9\ The ``as expeditiously as

[[Page 8277]]

practicable'' attainment date will be determined as part of the action 
on the required SIP submittal demonstrating attainment of the 1997 
ozone standard. The EPA is proposing a schedule by which Texas will 
submit the SIP revisions necessary pursuant to reclassification to 
Severe nonattainment of the 1997 ozone standard.
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    \9\ As noted earlier, the attainment date is 15 years from the 
effective date of designations and classifications for the 1997 
ozone standard, which places it in the middle of the ozone 
monitoring season. The DFW ozone season data collected through June 
15 would not meet the data completeness requirement and thus could 
not be used to determine attainment. To achieve the data 
completeness requirement, we use data collected from the prior 
complete ozone seasons. In other words, the area must attain by the 
year immediately preceding the attainment date (40 CFR 51.900(g)), 
which in this instance is 2018. The attainment date for the DFW 
nonattainment area under the 2008 ozone standard is December 31, 
2018 (77 FR 30088).
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    When an area is reclassified, the EPA has the authority under 
section 182(i) of the Act to adjust the Act's submittal deadlines for 
any new SIP revisions that are required as a result of the 
reclassification. Pursuant to 40 CFR 51.908(d), for each nonattainment 
area, the State must provide for implementation of all control measures 
needed for attainment as expeditiously as practicable but no later than 
the beginning of the attainment year ozone season. The attainment year 
ozone season is the ozone season immediately preceding a nonattainment 
area's attainment date. For an area with an attainment date of June 15, 
2019, which is the date that would apply for the DFW area if bumped up 
to Severe, the attainment year ozone season is 2018 (40 CFR 51.900(g)). 
The ozone season is the ozone monitoring season as defined in 40 CFR 
part 58, Appendix D, section 4.1, Table D-3 (71 FR 61236, October 17, 
2006). For the DFW area, March 1st is the beginning of the ozone 
monitoring season. We propose that Texas submit the required SIP 
revisions, including the attainment demonstration, RFP plan, and other 
applicable Severe area requirements to the EPA as expeditiously as 
practicable, but not later than one year after the effective date of 
the final rulemaking for this reclassification. In addition, all 
applicable controls shall be implemented as expeditiously as 
practicable but no later than March 1, 2018, which is the beginning of 
the attainment year ozone season.

D. Severe Area Plan Requirements

    Pursuant to section 182(d) of the Act and 40 CFR 51 subpart X, the 
revised SIP for the DFW area must include all the CAA requirements for 
Serious ozone nonattainment area plans such as: (1) Enhanced ambient 
monitoring (CAA 182(c)(1)); (2) an enhanced vehicle I/M program (CAA 
182(c)(3)); and (3) a clean fuel vehicle program or an approved 
substitute (CAA 182(c)(4)).\10\ The revised SIP for the DFW area must 
also meet the Severe area requirements specified in CAA section 182(d), 
including: (1) An attainment demonstration (CAA section 182(c)(2)(A) 
and (d); 40 CFR 51.908); (2) provisions for RACT and RACM (CAA sections 
172(c)(1); 182(b)(2) and (d); 40 CFR 51.912); (3) RFP reductions for 
each three-year period until the attainment date (CAA section 
182(c)(2)(B) and (d); 40 CFR 51.910); (4) contingency measures to be 
implemented in the event of failure to meet RFP or attain the standard 
(CAA 172(c)(9) and 182(c)(9)); (5) transportation control measures to 
offset emissions from growth in vehicle miles traveled or VMT (CAA 
182(d)(1)(A)); (6) increased offsets for major sources (CAA section 
182(d)(2) and 40 CFR 51.165); and (7) fees on major sources if the area 
fails to attain the standard (CAA 182(d)(3) and 185).
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    \10\ The requirement for Stage II gasoline vapor recovery does 
not apply because the EPA determined that onboard vapor recovery is 
in widespread use in the motor vehicle fleet and waived the CAA 
section 182(b)(3) requirement. See 77 FR 28772, May 16, 2012. On 
March 17, 2014, the EPA approved revisions to the Texas SIP that 
remove the requirement that gasoline dispensing facilities (GDFs) 
install Stage II equipment and provide removal (decommissioning) 
procedures that existing GDFs must complete by August 31, 2018 (79 
FR 14611).
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    Because the DFW area is presently classified as Serious under the 
1997 ozone standard, the state has adopted and EPA has approved into 
the SIP provisions that meet several of these requirements. A list of 
the requirements already in place and those yet to be adopted by the 
State for the DFW area is provided in Table 2.

   Table 2--Requirements That Would Apply for the Proposed DFW Severe
             Nonattainment Area for the 1997 Ozone Standard
------------------------------------------------------------------------
                                          Action needed or date approved
              Requirement                             by EPA
------------------------------------------------------------------------
Severe Area Attainment Demonstration...  Must be submitted to EPA for
                                          approval by date established
                                          in final reclassification
                                          rule.
RFP Demonstration......................  Must be submitted to EPA for
                                          approval by date established
                                          in final reclassification
                                          rule.
Contingency provisions.................  Must be submitted to EPA for
                                          approval by date established
                                          in final reclassification
                                          rule.
Enhanced ambient monitoring............  Proposed for approval on May
                                          13, 2014 (79 FR 27257).
Enhanced vehicle I/M program...........  November 14, 2001 (66 FR
                                          57261).\11\
Clean-fuel vehicle programs............  Proposed for approval on May
                                          13, 2014 (79 FR 27257).
Transportation control measures to       Must be submitted to EPA for
 offset VMT.                              approval by date established
                                          in final reclassification
                                          rule.
RACM...................................  Must be submitted to EPA for
                                          approval by date established
                                          in final reclassification
                                          rule.
RACT...................................  Must be submitted to EPA for
                                          approval by date established
                                          in final reclassification
                                          rule.
Fees on major sources if the area fails  Must be submitted to EPA for
 to attain the 1997 ozone standard.       approval by date established
                                          in final reclassification
                                          rule.
------------------------------------------------------------------------

IV. The 2008 Ozone Standard and Its Effect on Reclassification of the 
DFW Area

    In 2008, the EPA promulgated a more protective 8-hour ozone 
standard of 0.075 ppm (73 FR 16436) and EPA published a rule 
designating areas for that standard on May 21, 2012 (77 FR 30088). On 
June 6, 2013, the EPA published its proposed rule to implement the 2008 
ozone standard (78 FR 34178). The rule also proposed revocation of the 
1997 ozone standard for all purposes, and that upon revocation of that 
standard, the EPA would not be obligated to reclassify areas to a 
higher classification under the 1997 ozone NAAQS based upon a 
determination that the areas failed to attain such NAAQS by the areas' 
corresponding attainment date (78 FR 34178, 34236; proposed 40 CFR 
51.1105(d)(2)(ii)). We anticipate final action on the proposed 
implementation

[[Page 8278]]

rule this spring. If EPA has not yet taken final action to reclassify 
the DFW area for the 1997 ozone standard before a final rulemaking 
revoking the 1997 ozone NAAQS for all purposes is effective, and that 
rulemaking is finalized as proposed with respect to EPA's obligation 
concerning reclassification of areas for the revoked standard, then EPA 
will not finalize this proposed reclassification for DFW. However, the 
DFW area will still be subject to appropriate ``anti-backsliding'' 
requirements for the 1997 ozone NAAQS as established in any final rule 
EPA may promulgate in connection with any revocation of the 1997 
standard. Anti-backsliding provides protection against degradation of 
air quality (e.g., the DFW area does not ``backslide'') and ensures the 
area continues to make progress toward attainment of the new, more 
stringent NAAQS. Anti-backsliding also ensures there is consistency 
with the ozone NAAQS implementation framework outlined in subpart 2 of 
Part D of the CAA (78 FR 34178, 34211).
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    \11\ This rulemaking expanded the enhanced I/M program to 
include all nine of the DFW nonattainment counties.
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V. Proposed Action

    Pursuant to section 181(b)(2) of the Act, the EPA is proposing to 
determine, based on certified, quality-assured monitoring data for 
2010-2012 that the DFW area did not attain the 1997 ozone standard by 
the applicable June 15, 2013 attainment deadline. If the EPA finalizes 
this determination, upon the effective date of the final determination 
the DFW 9-county nonattainment area will be reclassified by operation 
of law as a Severe ozone nonattainment area under the 1997 ozone 
standard. Pursuant to section 182(i) of the Act, the EPA is also 
proposing the schedule for submittal of the SIP revisions required for 
Severe areas once the DFW area is reclassified. The EPA is proposing 
that Texas submit to the EPA the required SIP revisions for the Severe 
attainment demonstration, RFP and for all other Severe area measures 
required under sections 172, 182(c), 182(d) and 185 of the Act no later 
than one year after the effective date of the final rulemaking for this 
reclassification.

VI. Statutory and Executive Order Reviews

    Under section 181(b)(2) of the CAA, a determination of 
nonattainment is a factual determination based upon air quality 
considerations and the resulting reclassification must occur by 
operation of law. A determination of nonattainment and the resulting 
reclassification of a nonattainment area by operation of law under 
section 181(b)(2) does not in and of itself create any new 
requirements, but rather applies the requirements contained in the 
Clean Air Act. For these reasons, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this proposed rule does not have tribal implications 
because it will not have a substantial direct effect 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, this proposed rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor 
will it impose substantial direct costs on tribal governments or 
preempt tribal law.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

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

    Dated: February 9, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-03152 Filed 2-13-15; 8:45 am]
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