Texas, Dallas/Fort Worth Area, Ozone, Fifteen Percent Rate-of-Progress (15% ROP) Plan Summary
Texas, Dallas/Fort Worth Area Fifteen Percent Rate-of-Progress (15% ROP) Plan Summary
Purpose of Plan: To reduce volatile organic compounds (VOC) emissions in the Dallas/Fort Worth 1-hour ozone nonattainment area by at least fifteen percent from a 1990 baseline by November 15, 1996.
Area Covered: The Dallas/Fort Worth (DFW) ozone nonattainment area consists of Collin, Dallas, Denton, and Tarrant Counties in Texas.
Type of Pollutant: Ozone (O3)
Status of Texas SIP in U.S. Code of Federal Regulations (CFR):
The status of all State Implementation Plans (SIPs) is given in the U.S. Code of Federal Regulations (CFR), Title 40, Part 52 (40 CFR 52), Approval and Promulgation of Implementation Plans. Revisions to State SIPs are published in the Federal Register (FR).
The status of the Texas SIP is given in 40 CFR Part 52, Subpart SS, Sections 52.2270 to 52.2309. Until July 7, 1999, Section 52.2270, Identification of plan, was used to identify revisions to the Texas SIP. On July 7, 1999 (64 FR 36586), the EPA moved the Identification-of-plan paragraphs in 52.2270 to a new 52.2299 and replaced the paragraphs in 52.2270 with a list of the elements in Texas SIP. The purpose of this action was to clearly identify the provisions that constitute the enforceable elements of the Texas SIP. None of the other sections in Subpart SS were affected by the July 7, 1999, Federal Register action. See the Texas SIP Map record in the Region 6 SIP Regulations web site for more information. The "TXc" and "TXd" numbers used in this summary are cross-references with the Identification-of-plan numbers shown in the Texas SIP Map record.
The attainment status designation for each NAAQS pollutant for each area in each State is given in 40 CFR Part 81, Subpart C. The Texas designations are listed in tables in Section 81.344.
Background of Dallas/Fort Worth Area 15% Plans:
The Federal Clean Air Act as amended in 1990 (the Act), authorizes the EPA to designate areas as nonattainment and to classify them according to degree of severity. Classification, in turn, triggers a set of control requirements designed to bring areas into attainment by their specified attainment dates.
The Dallas/Fort Worth Area originally was classified as a moderate ozone nonattainment area on November 6, 1991 (56 FR 56694). It was reclassified to a serious ozone nonattainment area on February 18, 1998 (63 FR 8128).
The Act requires all ozone nonattainment areas classified as moderate and above to submit a SIP revision by November 15, 1993, which describes, in part, how these areas will achieve an actual reduction in VOC emissions of at least 15 percent, from a 1990 baseline, during the first six years after enactment of the Act (i.e., by November 15, 1996). These plans are referred to as the 15 percent rate-of-progress plans or 15% ROP Plans or 15% Plans. The Act also sets limitations on the credibility of certain types of reductions.
The EPA approved on November 8, 1994, (59 FR 55589) the 1990 base year emission inventory for the Dallas/Fort Worth ozone nonattainment area submitted by the State November 17, 1992. The emission inventory for each area is the base from which the State determines the required reductions in the 15% ROP plan for each area.
Texas first adopted the 15% ROP Plan and the required associated contingency measures plan for the Dallas/Fort Worth area in two phases. Phase I was submitted to the EPA on November 13, 1993, and relied upon measures achieving the bulk of the required reductions. Phase II was submitted May 9, 1994. The Phase II submittal was to make up the shortfall in reductions not achieved by the Phase I measures.
On August 3, 1994, Texas submitted Alternate Means of Control (AMOC) rules contained in Texas TAC Chapter 115, Sections 115.901 to 115.923 which established procedures for a facility to request use of an AMOC plan in lieu of complying with control requirements of Chapter 115, relating to the control of air pollution from volatile organic compounds. The State adopted on November 9, 1994 and submitted to the EPA on November 14, 1994, a narrative explanation and justification of the AMOC process.
The EPA analyzed the November 13, 1993, May 9, 1994, August 3, 1994, and November 14, 1994, submittals and determined that the measures relied upon in the 15% ROP plan for the Dallas/Fort Worth area did not achieve the required reductions. Among other reasons, there was a shortfall because the inspection and maintenance (I/M) program relied upon for creditable reductions in the 15% ROP plan had subsequently been repealed by the State.
On January 29, 1996 (61 FR 2751) EPA proposed a limited approval/limited disapproval of the 15% plan and the contingency measures plan because the relied upon measures did not achieve the total required percentage of reductions. On August 8, 1996, the State submitted revisions to the 15% ROP plan for the Dallas/Fort Worth ozone nonattainment area. Texas made changes to address the shortfalls identified in the January 1996 notice. The submittal included the SIP narrative plan and tables dated July 24, 1996 entitled, "Revisions to the State Implementation Plan (SIP) for the Control of Ozone Air Pollution," as it applies to the Dallas/Fort Worth area’s 15% ROP plan, emissions inventory, motor vehicle emissions budgets and contingency measures plan. The submittal also included revisions to the 1990 Base Year Inventory, changes in projected emissions reductions, inclusion of a new I/M program with resultant projected emissions reductions, and motor vehicle emissions budgets.
In lieu of the January 29, 1996, proposed limited approval/limited disapproval of the Dallas/Fort Worth 15% ROP plan and contingency measures plan, the EPA published, on July 11, 1997 (62 FR 37175), a proposed conditional interim approval of the 15% ROP plan and its associated motor vehicle emissions budgets for the Dallas/Fort Worth area, submitted August 9, 1996. The EPA proposed full approval of the revised 1990 base year emissions inventory and the contingency measures plan. The EPA had proposed conditional interim approval of the State’s revised I/M plan on October 3, 1996 (61 FR 51651). The proposal was conditional because the State needed additional legal authority to implement portions of its plan, and interim because of the State’s reliance on the use of estimates pursuant to the National Highway System Designation Act of 1995 (NHSDA). Because the I/M program was only eligible for conditional interim approval, the 15% ROP plan and its associated budgets also could only receive conditional interim approval.
On July 11, 1997 (62 FR 317138), the EPA finalized the conditional interim approval of the Texas I/M program. Subsequently, on November 10, 1998 (63 FR 62947, TXc113), the EPA finalized full approval of the revisions to the 1990 base year inventory and the contingency measures plan, and conditional interim final approval of the 15% ROP plan and its associated motor vehicle emissions budgets for the Dallas/Fort Worth area.
The EPA found that the State had met the conditions of the conditional approval, removed the conditions, and granted a final interim approval of the Texas I/M program on April 23, 1999 (64 FR 19910). Texas submitted significant revisions to the I/M program for the Dallas/Fort Worth area. The program expanded from the two core nonattainment counties to the four counties in the Dallas/Fort Worth nonattainment area plus five adjoining attainment counties (Ellis, Johnson, Kaufman, Parker, and Rockwall counties).
Because the I/M revisions appeared to have eliminated the last impediment to full approval of the I/M program for the DFW area, the EPA proposed to convert the conditional interim approval to full approval of the 15% ROP plan and its associated budgets for the Dallas/Fort Worth area, on January 18, 2001 (66 FR 4756). The EPA also proposed to approve revisions to the 1990 base year inventory and the contingency measures plan. On November 14, 2001 (66 FR 57261, TXd32) the EPA fully approved the Texas I/M program for the Dallas/Fort Worth area.
As stated in the beginning of this summary, on July 7, 1999 (64 FR 36586, TXd01), the EPA moved the Identification-of-plan paragraphs in 40 CFR 52.2270 to a new 40 CFR 52.2299 and replaced the paragraphs in 40 CFR 52.2270 with a list of the elements in Texas SIP. The purpose of this action was to clearly identify the provisions that constitute the enforceable elements of the Texas SIP. A list of Texas SIP-approved State regulations was placed in 52.2270(c) "EPA approved regulations" in the table entitled "EPA Approved Regulations in the Texas SIP." A list of SIP-approved plans that are not regulations was placed in the second table in 52.2270(e) entitled "EPA Approved Nonregulatory Provisions and Quasi- Regulatory Measures in the Texas SIP." Included in this table is the 15% ROP Plan for the Dallas/Ft Worth ozone nonattainment area as conditionally interim approved by EPA November 10, 1998 (63 FR 62947, TXc113) at 52.2270(c)(113).
SUMMARY OF DALLAS/FORT WORTH AREA FIFTEEN PERCENT PLAN
Fifteen Percent Rate-of-Progress Plan Narrative:
Conditional Interim Approved by EPA November 10, 1998 (63 FR 62943) at 52.2270(c)(113):
The SIP narrative plan and tables dated July 24, 1996 entitled, "Revisions to the State Implementation Plan (SIP) for the Control of Ozone Air Pollution," as it applies to the Dallas/Fort Worth area’s 15% Rate-of-Progress plan, emissions inventories, motor vehicle emissions budgets and contingency plans.
1990 Base Year Emissions Inventories:
The emissions inventories approved by the EPA as part of the Dallas/Fort Worth 15% ROP plan are listed in 40 CFR 52.2309, Emission inventories.
The EPA approved on November 8, 1994, (59 FR 55589) the 1990 base year emission inventory for the Dallas/Fort Worth ozone nonattainment area submitted November 17, 1992.
On November 10, 1998 (63 FR 62947), the EPA approved revisions to the 1990 base year emissions inventory for the Dallas/Fort Worth area, at 52.2309(e).
1990 Base Year Emissions Inventory for Dallas/Fort Worth Area
Source: 62 FR 37177 (July 11, 1997), Table 1
Approved by EPA November 10, 1998 (63 FR 62943, TXc113) at 52.2309(e)
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Point Area On-road Non-road Total
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65.27 174.02 306.60 105.19 651.08
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Control Measures:
Control measures relied upon in the Dallas/Fort Worth Area’s 15% ROP Plan conditionally interim approved by EPA November 10, 1998 (63 FR 62943, TXc113) at 52.2270(c)(113).
Summary of Emission Reductions for Dallas/Fort Worth (Tons/Day)
Source: 62 FR 37179 (July 11, 1997), Table 3
Summary of the control measures and their projected emissions reductions used to achieve the 15 percent target.
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Required Reduction......................................... 117.55
Creditable Reductions:
RACT Catch-up.......................................... 4.03
Stage II............................................... 18.19
Aircraft Stage III..................................... 0.60
Other VOC storage, transport........................... 0.05
I/M, FMVCP Tier I, Reformulated Gas.................... 69.46
Bakeries............................................... 0.12
Municipal Landfills.................................... 3.49
Carswell Fire Training Pit Closure..................... 1.20
RE Improvements........................................ 4.86
Gas Utility Engines.................................... 7.76
Reform Off Road........................................ 4.23
TCMs................................................... 6.94
Consumer/Commercial Products........................... 4.09
Gasoline Terminals..................................... 2.17
Fugitives.............................................. 0.07
Wood Furniture......................................... 1.35
AIM.................................................... 4.77
Traffic Markings....................................... 0.56
High Performance Maintenance........................... 0.96
Other Special Purpose Coatings......................... 1.18
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Total.............................................. 136.07
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Motor Vehicle Emissions Budgets:
1996 VOC Motor Vehicle Emission Budget for
Dallas/Fort Worth Area
Source: 63 FR 62945 (November 10, 1998)
Conditionally Interim Approved by EPA November 10, 1998 (63 FR 62943) at 52.2270(c)(113)
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VOC
Area (tons/day)
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Dallas/Fort Worth......................................... 165.49
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Contingency Measures Plan.
Contingency measures for the Dallas/Fort Worth Area approved by EPA November 10, 1998 (63 FR 62943, TXc113) at 52.2270(c)(113).
Summary of Contingency Measures: Dallas/Fort Worth (Tons/Day)
Source: 62 FR 37181 (July 11, 1997), Table 7
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Required Contingency....................................... 16.46
Creditable Contingency Reductions:
Vessel Cleaning........................................ 0.18
Dry Cleaning Naphtha................................... 2.22
Offset Printing........................................ 0.85
Commercial Bakeries.................................... 0.15
TCMs................................................... 2.03
Gas Utility Engines 1997............................... 0.73
Excess reductions from 15 Percent measures............. 18.52
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Total.............................................. 24.68
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FEDERAL REGISTERS ACTIONS AFFECTING THE DFW 15% RATE-OF-PROGRESS PLAN.
| Date/Page/CFR ID | Action |
|---|---|
| 1991-11-06, (56 FR 56694), TXp81 |
Final rule: Designation of the DFW Area as nonattainment for the 1-hour standard and classified as moderate. |
| 1994-08-26, (59 FR 44036), TXc082. |
Final rule: Texas Emission Statement. (Revises Chapter 101, General Rules, Section 101.10, Emission Inventory Requirements.) |
| 1994-11-08, (59 FR 55589), TX52.2309(a), (b), (c) added |
Final rule: Approval of 1990 Base Year Ozone Emissions Inventory |
| 1996-01-29, (61 FR 02751), TX-prop |
Notice of proposed rulemaking: Limited Approval and Limited Disapproval of the 15 Percent Rate of Progress Plan and Contingency Measures Plan. |
| 1997-07-11, (62 FR 37175), TX-prop |
Proposed conditional interim rule: 15 Percent Rate of Progress Plan and associated Motor Vehicle Emissions Budgets. Proposed approval of the 1990 Base Year Emissions Inventory revisions and Contingency Measures Plan. |
| 1997-09-02, (62 FR 46238), TX-prop |
Proposed rule: to reclassify the Dallas/Fort Worth ozone nonattainment area from moderate to serious. |
| 1998-02-18, (63 FR 08128), TXp81. |
Final rule: Reclassification of the Dallas/Fort Worth area as a serious 1-hour ozone nonattainment area. |
| 1998-11-10, (63 FR 62943), TXc113, TX52.2309(e) added. |
Conditional interim final rule: 15% Rate of Progress Plan and Motor Vehicle Emission Budgets. Full approval of 1990 Base Year Emissions Inventory revisions and Contingency Measures Plan. |
| 1999-07-07, (64 FR 36586), TXd01. |
Final rule; notice of administrative change: Texas; Revised Format for Materials Being Incorporated by Reference. |
| 2001-11-14, (66 FR 57261), TXd32. |
Final rule: Full Approval of the Motor Vehicle Inspection and Maintenance Program. |
| 2001-01-18, (66 FR 4756), TX-prop. |
Proposed rule: Proposed approval of the 15% ROP plan, the associated contingency measures’ plan, the associated motor vehicle emissions budgets, and the revisions to the 1990 Base Year Emissions Inventory |
 |
**end list Texas 15% ROP Federal Register actions** |
EPA Region 6 Contact:
Bill Deese (214-665-7253), deese.william@epa.gov
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This SIP Citation Was Last Modified on: 11/17/2003