Proposed Rule2024-29971
Air Plan Disapproval; Texas; Attainment Demonstrations for the Dallas-Fort Worth and Houston-Galveston-Brazoria Nonattainment Areas
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 23, 2024
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Federal Clean Air Act (CAA), the Environmental Protection Agency (EPA) is proposing to disapprove revisions to the Texas State Implementation Plan (SIP). The revisions were submitted by the Texas Commission on Environmental Quality (TCEQ or State) on July 10, 2015, August 5, 2016, December 29, 2016, and May 13, 2020, and address certain CAA requirements for the Dallas- Fort Worth (DFW) and Houston-Galveston-Brazoria (HGB) nonattainment areas for the 2008 ozone National Ambient Air Quality Standards (NAAQS or standard). Specifically, the EPA is proposing to disapprove the attainment demonstrations and the associated reasonably available control measures (RACM) analyses and motor vehicle emission budgets (budgets) in the submitted revisions.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 246 (Monday, December 23, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Proposed Rules]
[Pages 104476-104481]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29971]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2020-0162; FRL-12488-01-R6]
Air Plan Disapproval; Texas; Attainment Demonstrations for the
Dallas-Fort Worth and Houston-Galveston-Brazoria Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA), the Environmental
Protection Agency (EPA) is proposing to disapprove revisions to the
Texas State Implementation Plan (SIP). The revisions were submitted by
the Texas Commission on Environmental Quality
[[Page 104477]]
(TCEQ or State) on July 10, 2015, August 5, 2016, December 29, 2016,
and May 13, 2020, and address certain CAA requirements for the Dallas-
Fort Worth (DFW) and Houston-Galveston-Brazoria (HGB) nonattainment
areas for the 2008 ozone National Ambient Air Quality Standards (NAAQS
or standard). Specifically, the EPA is proposing to disapprove the
attainment demonstrations and the associated reasonably available
control measures (RACM) analyses and motor vehicle emission budgets
(budgets) in the submitted revisions.
DATES: Written comments must be received on or before January 22, 2025.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2020-0162, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to <a href="/cdn-cgi/l/email-protection#2c585f5945014e435b4942024d40495844494d6c495c4d024b435a"><span class="__cf_email__" data-cfemail="ccb8bfb9a5e1aea3bba9a2e2ada0a9b8a4a9ad8ca9bcade2aba3ba">[email protected]</span></a>. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. 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 Alethea Tsui-Bowen, 214-
665-7555, <a href="/cdn-cgi/l/email-protection#daaea9afb3f7b8b5adbfb4f4bbb6bfaeb2bfbb9abfaabbf4bdb5ac"><span class="__cf_email__" data-cfemail="e99d9a9c80c48b869e8c87c788858c9d818c88a98c9988c78e869f">[email protected]</span></a>. For the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
Docket: The index to the docket for this action is available
electronically at <a href="http://www.regulations.gov">www.regulations.gov</a>. 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: Ms. Alethea Tsui-Bowen, EPA Region 6
Office, Infrastructure and Ozone Section, 214-665-7555, <a href="/cdn-cgi/l/email-protection#bacec9cfd397d8d5cddfd494dbd6dfced2dfdbfadfcadb94ddd5cc"><span class="__cf_email__" data-cfemail="6f1b1c1a06420d00180a01410e030a1b070a0e2f0a1f0e41080019">[email protected]</span></a>. We encourage the public to submit comments via
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 wherever ``we'' or
``our'' is used, we mean the EPA.
I. What is the EPA proposing?
The EPA is proposing to disapprove attainment demonstrations for
the DFW area submitted to EPA on July 10, 2015, August 5, 2016, and May
13, 2020. The July 2015 and August 2016 SIP revisions address the DFW
Moderate nonattainment area for the 2008 ozone NAAQS and the May 2020
SIP revision addresses the DFW Serious nonattainment area for the 2008
ozone NAAQS. We are also proposing to disapprove attainment
demonstrations for the HGB area submitted to EPA on December 29, 2016,
and May 13, 2020. The December 2016 SIP revision addresses the HGB
Moderate nonattainment area for the 2008 ozone NAAQS and the May 2020
SIP revision addresses the HGB Serious nonattainment area for the 2008
ozone NAAQS. We are also proposing to disapprove the RACM associated
with these submitted attainment demonstrations as well as the
NO<INF>X</INF> and VOC motor vehicle emissions budgets (or ``budgets'')
associated with these submitted attainment demonstrations and included
as part of the SIP. We are proposing to disapprove these SIP
submissions because the DFW and HGB areas failed to attain the 2008
ozone NAAQS by the July 20, 2018, Moderate attainment date and
subsequently failed to attain the 2008 ozone NAAQS by the July 20,
2021, Serious attainment date.\1\
---------------------------------------------------------------------------
\1\ The EPA determined that the DFW and HGB Moderate areas
failed to meet the 2008 ozone NAAQS by the applicable July 20, 2018,
attainment date and these areas were reclassified as Serious by
operation of law (84 FR 44238, August 23, 2019). Subsequently, EPA
determined that the DFW and HGB Serious areas failed to meet the
2008 ozone NAAQS by the applicable July 20, 2021, attainment date
and these areas were reclassified as Severe by operation of law (87
FR 60926, October 7, 2022).
---------------------------------------------------------------------------
II. Background
A. The 2008 Ozone NAAQS and the DFW and HGB Areas
Ground-level ozone, or smog, which harms human health and the
environment, is formed when volatile organic compounds (VOCs) and
oxides of nitrogen (NO<INF>X</INF>) interact in the presence of
sunlight. Motor vehicle exhaust and industrial emissions, gasoline
vapors, chemical solvents and natural sources emit VOCs and
NO<INF>X</INF>. Urban areas tend to have high levels of ground-level
ozone, but areas without significant industrial activity and with
relatively low vehicular traffic are also subject to increased ozone
levels because wind carries ozone and its precursors hundreds of miles
from their sources.\2\
---------------------------------------------------------------------------
\2\ More information on ground-level ozone is available at
<a href="https://www.epa.gov/ground-level-ozone-pollution/ground-level-ozone-basics">https://www.epa.gov/ground-level-ozone-pollution/ground-level-ozone-basics</a>.
---------------------------------------------------------------------------
Repeated exposure to ozone pollution may cause lung damage. Even at
very low concentrations, ground-level ozone triggers a variety of
health problems including aggravated asthma, reduced lung capacity, and
increased susceptibility to respiratory illnesses like pneumonia and
bronchitis. It can also have detrimental effects on plants and
ecosystems.
CAA section 109 requires the EPA to establish primary and secondary
NAAQS for certain air pollutants and also establishes provisions for
the review and revision of such NAAQS. Primary standards are designed
to provide requisite protection of public health while secondary
standards are designed to provide requisite protection of public
welfare. The EPA has set NAAQS for six common air pollutants, including
ozone.\3\
---------------------------------------------------------------------------
\3\ For more about the NAAQS, please visit <a href="https://www.epa.gov/naaqs">https://www.epa.gov/naaqs</a>.
---------------------------------------------------------------------------
On March 27, 2008, the EPA published a rule in the Federal Register
revising the levels of the primary and the secondary ozone NAAQS to
0.075 parts per million (ppm).\4\ On May 21, 2012, the EPA designated
and classified the 10-county DFW area (Collin, Dallas, Denton, Ellis,
Johnson, Kaufman, Parker, Rockwall, Tarrant and Wise counties) as
Moderate nonattainment and designated and classified the eight-county
HGB area (Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty,
Montgomery, and Waller counties) as Marginal nonattainment for the 2008
ozone NAAQS (77 FR 30088). The HGB Marginal area was initially given an
attainment date of no later than December 31, 2015, and the DFW
Moderate area was initially given an attainment date of no later than
December 31, 2018 (77 FR 30160, May 21, 2012).
---------------------------------------------------------------------------
\4\ 73 FR 16436 (March 27, 2008).
---------------------------------------------------------------------------
On December 23, 2014, the U.S. Court of Appeals for the District of
Columbia Circuit (``D.C. Circuit'') issued a decision, among other
things, that we did not have statutory authority under the CAA to
extend attainment 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 to vacate that portion of the rule, we modified the attainment
deadlines for all nonattainment areas for the 2008 ozone NAAQS and set
the attainment deadline for such areas to run from the effective date
of
[[Page 104478]]
designation, which was July 20, 2012 (80 FR 12264, March 6, 2015).
Therefore, the HGB Marginal attainment date was modified to no later
than July 20, 2015, and the DFW Moderate attainment date was modified
to no later than July 20, 2018 (80 FR 12264).
For the HGB area, the TCEQ requested a one-year extension to the
Marginal attainment date, which EPA approved (81 FR 26697, May 4,
2016). However, the HGB area did not attain the 2008 ozone NAAQS by the
July 20, 2016, attainment date and was thus reclassified as Moderate
(81 FR 90207, December 14, 2016). The DFW and HGB areas did not meet
the Moderate attainment date and were accordingly reclassified as
Serious with an attainment date of no later than July 20, 2021 (84 FR
44238, August 23, 2019). Subsequently, the DFW and HGB areas did not
meet the Serious attainment date and were thus reclassified as Severe
(87 FR 60926, October 7, 2022).\5\
---------------------------------------------------------------------------
\5\ On October 26, 2015 (80 FR 65292), the EPA published a rule
in the Federal Register revising the level of the ozone NAAQS to
0.070 ppm and retaining all the other elements of the NAAQS (``the
2015 ozone NAAQS''). On May 4, 2018, the EPA promulgated
designations under the 2015 ozone NAAQS (83 FR 25776) and in that
action, the EPA designated the nine-county DFW area (Collin, Dallas,
Denton, Ellis, Johnson, Kaufman, Parker, Tarrant, and Wise counties)
and the six-county HGB area (Brazoria, Chambers, Fort Bend,
Galveston, Harris, and Montgomery counties) as Marginal with an
attainment date of no later than August 3, 2021. The DFW and HGB
nonattainment areas missed the Marginal attainment date and thus
were reclassified as Moderate (87 FR 60897, October 7, 2022). The
Governor of Texas requested a voluntary reclassification of the DFW
and HGB areas from Moderate to Serious and the EPA approved the
request (89 FR 51829, June 20, 2024). The EPA's actions herein do
not address the DFW and HGB nonattainment areas for the 2015 ozone
NAAQS.
---------------------------------------------------------------------------
B. What is a State implementation plan?
The SIP is a plan that specifies the manner in which the NAAQS will
be achieved and maintained within each air quality control region in a
State. States must develop and submit a SIP to EPA for approval as
required by the CAA. A SIP includes air pollution regulations, control
strategies, other means or techniques, and technical analyses developed
by the State to help ensure that the State meets the NAAQS. When a
State makes changes to the regulations and control strategies in its
SIP, such revisions must be submitted to the EPA for approval and
incorporation into the federally enforceable SIP.\6\
---------------------------------------------------------------------------
\6\ For more about SIPs, please visit <a href="https://www.epa.gov/air-quality-implementation-plans">https://www.epa.gov/air-quality-implementation-plans</a>.
---------------------------------------------------------------------------
C. What did the State submit?
On July 10, 2015, the TCEQ submitted a SIP revision for the DFW
Moderate area based on an attainment date of December 31, 2018. Because
that date was vacated by the Court, Texas revised the SIP to address an
attainment date of July 20, 2018, which it submitted on August 5, 2016.
The August 5, 2016, SIP submission included baseline and future
emissions inventories for all source categories that account for the
impacts of control strategies in the area; a photochemical modeling
analysis and a weight-of-evidence analysis in which the State asserted
that the DFW area would attain by the July 20, 2018, attainment date; a
RACM analysis; budgets for VOC and NO<INF>X</INF> consistent with the
emissions inventory for demonstrating attainment in the year 2017; a
RACT analysis; certifications addressing enhanced monitoring, the motor
vehicle Enhanced Inspection and Maintenance (I/M) program, and
Nonattainment New Source Review (NNSR); and contingency measures for
failure to attain. This action concerns the portions of the July 2015
and August 2016 SIP submissions related to the attainment
demonstration, RACM analysis, and budgets for 2017.
On December 29, 2016, the TCEQ submitted a SIP revision for the HGB
Moderate area, which included baseline and future emissions inventories
for all source categories that account for the impacts of control
strategies in the area; a photochemical modeling analysis and a weight-
of evidence analysis in which the State asserted that the HGB area
would attain by the July 20, 2018, attainment date; a RACM analysis;
budgets for VOC and NO<INF>X</INF> consistent with the emissions
inventory for demonstrating attainment in the year 2017; a RACT
analysis; certifications addressing enhanced monitoring, the motor
vehicle Enhanced Inspection and Maintenance (I/M) program, and
Nonattainment New Source Review (NNSR); and contingency measures for
failure to attain. This action concerns the portions of the December
2016 SIP submission related to the attainment demonstration, RACM
analysis, and budgets for 2017.
On May 13, 2020, the TCEQ submitted a SIP revision for the DFW
Serious area and a SIP revision for the HGB Serious area. Each of these
submissions included baseline and future emissions inventories for all
source categories that account for the impacts of control strategies in
these areas; a photochemical modeling analysis and weight-of evidence
analysis in which the State asserted that the area would attain by the
July 20, 2021, attainment date; a RACM analysis; budgets for VOC and
NO<INF>X</INF> consistent with the emissions inventory for
demonstrating attainment in the year 2020; a RACT analysis;
certifications addressing enhanced monitoring, the motor vehicle
Enhanced Inspection and Maintenance (I/M) program, and Nonattainment
New Source Review (NNSR); and contingency measures for failure to
attain. On October 3, 2022, the EPA determined that the State fulfilled
the CAA requirements for NNSR for the DFW and HGB Serious nonattainment
areas for the 2008 ozone NAAQS (87 FR 59697). On September 8, 2023, the
EPA determined that the State fulfilled the CAA requirements for the
motor vehicle Enhanced I/M program for the DFW and HGB Serious
nonattainment areas for the 2008 ozone NAAQS (88 FR 61971). On October
3, 2023, the EPA disapproved the submitted contingency measures for the
DFW and HGB Serious areas for the 2008 ozone NAAQS (88 FR 67957).\7\ We
will address the enhanced monitoring and RACT analyses for the DFW and
HGB Serious nonattainment areas for the 2008 ozone NAAQS in a separate
rulemaking action. This action concerns the portions of the May 2020
SIP submissions for the DFW and HGB areas related to the attainment
demonstration, RACM analysis, and budgets for 2020.
---------------------------------------------------------------------------
\7\ On December 5, 2023, the State of Texas and the TCEQ filed a
petition for judicial review of EPA's final action at 88 FR 67957,
and on August 22, 2024, the U.S. Court of Appeals for the 5th
District vacated the action and remanded it to EPA. We will address
the remanded action in a separate rulemaking.
---------------------------------------------------------------------------
D. What is the EPA proposing to disapprove and what is EPA's rationale
for disapproval?
We are proposing to disapprove the DFW Moderate area attainment
demonstrations submitted on July 10, 2015, and August 5, 2016, and we
are proposing to disapprove the HGB Moderate area attainment
demonstration submitted on December 29, 2016. We are also proposing to
disapprove the DFW and HGB Serious area attainment demonstrations
submitted on May 13, 2020. We are also proposing to disapprove the
associated RACM analyses and NO<INF>X</INF> and VOC budgets that are
included within each of these SIP submissions. CAA section 110(k)
requires that EPA act on any submitted SIP revisions that have not been
formally withdrawn by the State.
Ozone nonattainment areas classified as Moderate and above are
required to submit SIPs demonstrating that the nonattainment area will
attain the ozone NAAQS as expeditiously as practicable, but no later
than the applicable attainment date.\8\ As explained in detail in
section II. Background, the DFW and
[[Page 104479]]
HGB nonattainment areas did not attain by the various applicable
attainment dates for the classification levels at issue in this action.
Therefore, the attainment demonstrations at issue in this action do
not, and cannot, show that the DFW and HGB nonattainment areas will
attain by the attainment dates. The EPA is therefore proposing to
disapprove the submitted attainment demonstrations identified in this
action.
---------------------------------------------------------------------------
\8\ CAA section 172 and 182; 40 CFR 51.1108.
---------------------------------------------------------------------------
As noted earlier, we are also proposing to disapprove the RACM
analyses and budgets that are associated with the attainment
demonstrations submitted in the SIPs for the DFW and HGB nonattainment
areas on July 10, 2015, August 5, 2016, December 29, 2016, and May 13,
2020. For ozone NAAQS implementation under subpart 2 of the CAA, the
EPA's rules require the RACM element to be submitted with the
attainment demonstration.\9\ The RACM demonstration must show that an
area has adopted all reasonably available control measures necessary to
demonstrate attainment as expeditiously as practicable and meet the
required showing of Reasonable Further Progress (RFP).\10\ The EPA has
long evaluated RACM in terms of whether, beyond the control strategy
associated with the accompanying attainment demonstration, there are
any reasonably available control measures that could advance an area's
attainment date.\11\ The determination of whether a SIP contains all
RACM requires an area-specific analysis showing that there are no
additional economically and technologically feasible control measures
(alone or cumulatively) that will advance the attainment date.\12\ The
EPA's RACM policy, as outlined in the April 16, 1992, General Preamble,
indicates that States should consider all candidate measures that are
potentially available for the particular nonattainment area that could
advance the attainment date by 1 year.\13\ Thus, the basis for our
proposal to disapprove the attainment demonstrations identified herein
is applicable to the associated RACM analyses as well. The former
classification's attainment date is in the past and was not met. Thus,
the RACM SIP submittal currently pending before the Agency does not and
cannot show that attainment will be achieved by the attainment date or
advanced.
---------------------------------------------------------------------------
\9\ 40 CFR 51.1312(c).
\10\ Id.
\11\ See 83 FR 62998, 63008 (December 6, 2018).
\12\ Memorandum of December 14, 2000, from John S. Seitz,
Director, Office of Air Quality Planning and Standards, re:
``Additional Submission on RACM from States with Severe One-Hour
Ozone Nonattainment Area SIPs.'' This document is posted in the
docket for this action and on the internet at <a href="https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20001214_seitz_additional_racm_submissions.pdf">https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20001214_seitz_additional_racm_submissions.pdf</a>.
\13\ ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990;
Proposed Rule.'' 57 FR 13507 (April 16, 1992). The discussion of
RACM contains other relevant history concerning the RACM
requirement.
---------------------------------------------------------------------------
Regarding the motor vehicle emissions budgets, to be approvable,
budgets must be consistent with an approvable attainment plan. In
relevant part, as defined in 40 CFR 93.101, a budget is ``that portion
of the total allowable emissions defined in the submitted or approved
control strategy implementation plan revision . . . for a certain date
for the purpose of . . . demonstrating attainment . . . of the NAAQS, .
. . allocated to highway and transit vehicle use and emissions.'' A
budget in a SIP provides the allowable on-road mobile emissions of a
pollutant or precursor that an area can produce and continue to
demonstrate attainment. The Federal transportation conformity rule, 40
CFR part 93 subpart A, requires that transportation plans,
transportation improvement programs (TIPs), and projects conform to air
quality SIPs and establishes the criteria and procedures for
determining whether they do or do not conform. The regulation requires
that budgets must be found adequate or approved before they can be used
for transportation conformity purposes (40 CFR 93.109(c)(1)).
The criteria by which we determine whether budgets in a SIP
submittal are adequate for conformity purposes are specified in 40 CFR
93.118(e)(4). These criteria also serve to determine whether budgets
could be approved as part of a SIP submission. One of these criteria is
that the budgets, when considered with other emission sources, are
consistent with the submitted SIP's purpose, in this case, attainment
(see 40 CFR 93.118(e)(4)(iv)). As noted earlier, the DFW and HGB areas
did not attain the 2008 ozone standard by the July 20, 2018, Moderate
attainment date, or by the July 20, 2021, Serious attainment date and
accordingly, the DFW and HGB areas were reclassified by operation of
law. Because these Moderate and Serious SIP submissions did not
demonstrate attainment by the attainment dates, the budgets associated
with them are not adequate or approvable, and accordingly, we are
proposing to disapprove the budgets.
E. What are the consequences of a disapproved SIP?
Pursuant to CAA section 179(a), final disapproval of a SIP
submittal or SIP revision required under part D, title I of the CAA
triggers the imposition of sanctions under CAA section 179(b). See also
40 CFR 52.31. Additionally, final disapproval of a required SIP
submission triggers the EPA's obligation to promulgate a Federal
Implementation Plan (FIP) under CAA section 110(c)(1)(B). The State
submitted the July 2015, August 2016, December 2016, and May 2020
attainment demonstration SIP submissions for the DFW and HGB areas to
address ozone nonattainment area requirements under part D with respect
to the Moderate and Serious classifications.
Following mandatory reclassification upon failure to attain, the
former, superseded classifications' attainment dates are in the past
and are no longer applicable, and it is no longer meaningful to
evaluate whether the submitted plans for the prior classification
demonstrate that the areas would attain by the superseded dates.
Moreover, it is impossible for plans, including FIPs promulgated by
EPA, to demonstrate that an area that has not attained would attain by
the superseded dates--once the applicable attainment date has passed,
an area cannot show that it will attain by the attainment date unless
it has already attained. No changes could be made that would change
facts that have already come to pass (i.e., that the areas failed to
attain by their applicable attainment dates). There can only be one
attainment date that applies at any given time, and the CAA does not
require attainment demonstrations for attainment dates that are not
applicable to the area. Because the former classifications' attainment
dates are no longer applicable, it is therefore no longer relevant for
the areas to demonstrate attainment with respect to such dates (just as
it is not relevant for an area initially classified as Serious to
provide an attainment demonstration for a Moderate attainment date).
The EPA reclassified the DFW and HGB areas as Severe ozone
nonattainment areas effective November 7, 2022, after the DFW and HGB
areas failed to attain the 2008 ozone NAAQS by the date associated with
the Serious classification, which was July 20, 2021.\14\ As a result,
the State's new attainment date for the 2008 ozone NAAQS is July 20,
2027. The State therefore no longer has an applicable attainment date
associated with the Serious classification for the DFW and HGB areas
for the 2008 ozone NAAQS.
---------------------------------------------------------------------------
\14\ 87 FR 60926.
---------------------------------------------------------------------------
Thus, the attainment demonstrations and the associated RACM
analyses for the DFW and HGC areas that the State submitted with
respect to the Moderate and Serious classifications for the 2008 ozone
NAAQS are no longer considered
[[Page 104480]]
to be required submissions under the CAA.\15\ Because the State no
longer has a legal obligation to submit the SIP submissions that the
EPA is proposing to disapprove, the EPA finds that this disapproval
action, if finalized as proposed, would not trigger imposition of
mandatory sanctions under CAA section 179 and 40 CFR 52.31, or a FIP
obligation under CAA 110(c).
---------------------------------------------------------------------------
\15\ As noted earlier however, CAA section 110(k) requires that
EPA act on any submitted SIP revision that has not been formally
withdrawn by the state.
---------------------------------------------------------------------------
In addition, the State submitted attainment demonstrations for the
DFW and HGB Severe nonattainment areas for the 2008 ozone NAAQS on May
7, 2024, and we will evaluate these Severe area submissions in a
separate rulemaking.
Similarly, if finalized as proposed, our final disapproval action
on the DFW and HGB attainment demonstrations for the Moderate and
Serious classifications for the 2008 ozone NAAQS would not result in
the consequences for disapprovals of control strategy implementation
plans under 40 CFR 93.120(a). As described elsewhere in this document,
the submitted attainment demonstrations for the Moderate and Serious
classifications for the DFW and HGB areas are no longer considered to
be required submissions under the CAA, in light of the reclassification
of these nonattainment areas as Severe for the 2008 ozone NAAQS. The
Moderate and Serious area ozone attainment demonstrations are no longer
required to satisfy CAA requirements for demonstrations of attainment,
and therefore are not considered ``control strategy implementation plan
revisions'' under the definition of that term found in the
transportation conformity regulation at 40 CFR 93.101. Therefore, the
transportation conformity consequences in 40 CFR 93.120(a) would not
occur, if finalized as proposed.
III. Proposed Action
The EPA is proposing to disapprove attainment demonstrations for
the DFW area submitted to EPA on July 10, 2015, August 5, 2016, and May
13, 2020. The July 2015 and August 2016 SIP submissions address the
attainment demonstrations for the DFW Moderate nonattainment area for
the 2008 ozone NAAQS and the May 2020 SIP submission addresses the
attainment demonstration for the DFW Serious nonattainment area for the
2008 ozone NAAQS. We are also proposing to disapprove the RACM and
budgets associated with these attainment demonstrations for the DFW
area. We are also proposing to disapprove attainment demonstrations for
the HGB area, submitted to EPA on December 29, 2016, and May 13, 2020.
The December 2016 SIP submission addresses the attainment demonstration
for the HGB Moderate nonattainment area for the 2008 ozone NAAQS and
the May 2020 SIP submission addresses the attainment demonstration for
the HGB Serious nonattainment area for the 2008 ozone NAAQS. We are
also proposing to disapprove the RACM and budgets associated with these
attainment demonstrations for the HGB area.
IV. Environmental Justice Considerations
Executive Order (E.O.) 12898 (Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations, 59 FR 7629, February 16, 1994) directs Federal agencies to
identify and address ``disproportionately high and adverse human health
or environmental effects'' of their actions on minority populations and
low-income populations to the greatest extent practicable and permitted
by law. EPA defines environmental justice (EJ) as ``the fair treatment
and meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The State did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 review State choices,
and approve those choices if they meet the minimum criteria of the CAA.
Accordingly, this proposed action to disapprove the attainment
demonstrations and associated RACM and budgets for the DFW and HGB
areas submitted to EPA on July 10, 2015, August 5, 2016, December 29,
2016, and May 13, 2020, disapproves State law as not meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law.
A. Executive Order 12866: Regulatory Planning and Review, Executive
Order 13563: Improving Regulation and Regulatory Review, and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866 (58 FR 51735, October 4, 1993), as amended by
E.O. 14094 (88 FR 21879, April 11, 2023), and was therefore not
submitted to the Office of Management and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA (44 U.S.C. 3501 et seq.) because it does not contain any
information collection activities.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA (5
U.S.C. 601 et seq.). This action will not impose any requirements on
small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
State, local, or Tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
E.O. 13132 (64 FR 43255, August 10, 1999). It will not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This proposed action has no Tribal implications as specified in
E.O. 13175
[[Page 104481]]
(65 FR 67249, November 9, 2000). This action will neither impose
substantial direct compliance costs on federally recognized Tribal
governments, nor preempt Tribal law. This action will not impose
substantial direct compliance costs on federally recognized Tribal
governments because no actions will be required of Tribal governments.
This action will also not preempt Tribal law as it does not have
applicable or related Tribal laws.
G. Executive Order: 13045 Protection of Children From Environmental
Health & Safety Risks
The EPA interprets E.O. 13045 as applying only to those regulatory
actions that concern environmental health or safety risks that the EPA
has reason to believe may disproportionately affect children, per the
definition of ``covered regulatory action'' in section 2-202 of the
Executive Order. Therefore, this action is not subject to Executive
Order 13045 because it merely proposes to disapprove SIP revisions.
Furthermore, the EPA's Policy on Children's Health does not apply to
this action.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
This action is not subject to E.O. 13211 (66 FR 28355, May 22,
2001), because it is not a significant regulatory action under E.O.
12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. This
action is not subject to the requirements of section 12(d) of the NTTAA
(15 U.S.C. 272 note) because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The air agency did not evaluate EJ considerations as part of the
SIP submittals addressed in this proposed action; the CAA and
applicable implementing regulations neither prohibit nor require such
evaluation. The EPA did not perform an EJ analysis, as is described
earlier in section IV titled, ``Environmental Justice Considerations''
of this document. In addition, there is no information in the record
upon which this decision is based inconsistent with the stated goals of
E.O.s 12898 or 14096.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 12, 2024.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2024-29971 Filed 12-20-24; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 23, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.