[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Rules and Regulations]
[Pages 7672-7674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02237]



40 CFR Part 52

[EPA-R06-OAR-2012-0435; FRL-9775-2]

Approval and Promulgation of Implementation Plans; Texas; 
Beaumont/Port Arthur Ozone Maintenance Plan Revision to Approved Motor 
Vehicle Emissions Budgets

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: EPA is approving a revision to the Beaumont/Port Arthur (BPA) 
1997 8-hour ozone maintenance air quality State Implementation Plan 
(SIP) which replaces the previously approved motor vehicle emissions 
budgets (budgets) with budgets developed using EPA's Motor Vehicle 
Emissions Simulator (MOVES) 2010a emissions model. The BPA 1997 8-hour 
ozone maintenance area consists of Hardin, Jefferson, and Orange 
Counties in Texas.

DATES: This final rule is effective on March 6, 2013.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R06-OAR- 2012-0435. All documents in the docket 
are listed at www.regulations.gov. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made 
available by appointment for public inspection in the Region 6 Freedom 
of Information Act (FOIA) Review Room between the hours of 8:30 a.m. 
and 4:30 p.m. weekdays except for legal holidays. Contact the person 
listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. 
Bill Deese at 214-665-7253 to make an appointment. If possible, please 
make the appointment at least two working days in advance of your 
visit. There will be a 15 cent per page fee for making photocopies of 
documents. On the day of the visit, please check in at the EPA Region 6 
reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection during 
official business hours, by appointment, at the Texas Commission on 
Environmental Quality, Office of Air Quality, 12124 Park 35 Circle, 
Austin, Texas 78753.

Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone 214-665-8542; 
fax number 214-665-6762; email address riley.jeffrey@epa.gov.

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

Table of Contents

I. What is the background for this action?
II. What public comments were received?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    The background for today's action is discussed in detail in our 
September 19, 2012 proposal (77 FR 58058). In that notice, we proposed 
to approve a revision to the BPA 1997 8-hour ozone maintenance air 
quality SIP by replacing the previously approved motor vehicle 
emissions budgets, developed with EPA's MOBILE 6.2 model, with budgets 
developed using EPA's more current Motor Vehicle Emissions Simulator 
(MOVES) 2010a emissions model. At the time of our proposal, Texas had 
provided for public review and comment of the SIP revision at the state 
level. Subsequently, the State adopted the revision and submitted it to 
us on December 10, 2012.
    An air quality maintenance plan is required to show that an area 
will continue to maintain attainment of the applicable standard taking 
into account projections of future emissions. Our approval means that 
EPA is finding that Beaumont's ozone air quality maintenance plan still 
demonstrates that the area will maintain attainment of the 1997 ozone 
national ambient air quality standard through the year 2021 while 
taking into account the revised emissions from the MOVES model. The 
motor vehicle emissions budgets are the amount of emissions from on-
road motor vehicles that are consistent with the maintenance plan. Once 
EPA approves the submitted budgets, they must be used by local, state 
and Federal agencies in determining whether transportation activities 
conform to the SIP as required by section 176(c) of the Clean Air Act 
(CAA) and 40 CFR 93.102.

[[Page 7673]]

II. What public comments were received?

    The State public comment period for this SIP revision was from June 
29, 2012, until August 3, 2012. A public hearing was offered but was 
not requested. No public comments were received by Texas during the 
comment period.
    The Federal Register proposing approval of this SIP revision was 
published on September 19, 2012, and the public comment period closed 
on October 19, 2012. EPA received three comment letters. However, one 
comment letter is not related to EPA's proposal and is outside the 
scope of this action. Therefore, EPA is responding only to the two 
comments that are relevant to this action. Those comments expressed 
support of EPA's approval of this SIP revision and were submitted by 
the Texas Commission on Environmental Quality, Austin; Executive 
Director, and the 8-Hour Ozone SIP Coalition, Austin; Project 
Coordinator. EPA appreciates the support for this action. The comment 
letters are available for review in the docket for this rulemaking.

III. What action is EPA taking?

    EPA is approving as a SIP revision new MOVES2010a-based budgets for 
the Beaumont/Port Arthur 1997 ozone maintenance area because the 
submitted budgets will continue to keep emissions below the attainment 
level and maintain air quality. On the effective date of this 
rulemaking, the submitted MOVES2010a budgets will replace the existing, 
MOBILE6.2-based budgets in the state's 1997 8-hour ozone maintenance 
plan and will be used in future transportation conformity analyses for 
the area. The previously approved MOBILE6.2 budgets will no longer be 
applicable for transportation conformity purposes.

       Beamont/Port Arthur MOVES2010a-Based 8-Hr Ozone MVEBs (tpd)
                   Budget year                     NOX MVEB    VOC MVEB
2021............................................        9.7         3.9

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, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves 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 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 rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 20, 2012. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Volatile organic compounds.

    Dated: January 16, 2013.
Ron Curry,
Regional Administrator, Region 6.
    40 CFR part 52 is amended as follows:


1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

2. Section 52.2270(e) is amended by adding an entry for On-Road Mobile 
Source Emissions Inventory and Motor Vehicle Emissions Budget Update at 
the end of the second table titled ``EPA Approved Nonregulatory 
Provisions and Quasi-Regulatory Measures in the Texas SIP'' as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (e) * * *
* * * * *

[[Page 7674]]

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
                                        Applicable        submittal/
      Name of SIP provision           geographic or        effective     EPA approval date         Comments
                                    nonattainment area       date
                                                  * * * * * * *
On-Road Mobile Source Emissions    Beaumont/Port            12/10/2012  2/4/2013 [Insert     MOVES update to
 Inventory and Motor Vehicle        Arthur, TX.                          citation of          motor vehicle
 Emissions Budget Update.                                                publication in       emissions budgets.
                                                                         Federal Register].

[FR Doc. 2013-02237 Filed 2-1-13; 8:45 am]