[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Rules and Regulations]
[Pages 8962-8965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1565]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2005-TX-0003; FRL-8034-7]


Approval and Promulgation of State Implementation Plans; Texas; 
Revision to the Rate of Progress Plan for the Beaumont/Port Arthur 
Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is approving revisions to the Texas State 
Implementation Plan (SIP) Post-1996 Rate of Progress (ROP) Plan, the 
1990 Base Year Inventory, and the Motor Vehicle Emissions Budgets 
(MVEB) established by the ROP Plan, for the Beaumont/Port Arthur (BPA) 
ozone nonattainment area submitted November 16, 2004. The intended 
effect of this action is to approve revisions submitted by the State of 
Texas to satisfy the reasonable further progress requirements for 1-
hour ozone nonattainment areas classified as serious and demonstrate 
further progress in reducing ozone precursors. We are approving these 
revisions in accordance with the requirements of the Federal Clean Air 
Act (CAA).

DATES: This rule is effective on April 24, 2006 without further notice, 
unless EPA receives relevant adverse comment by March 24, 2006. If EPA 
receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2005-TX-0003, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
     E-mail: Mr. Thomas Diggs at [email protected]. Please 
also send a copy by e-mail to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are 
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except 
for legal holidays. Special arrangements should be made for deliveries 
of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2005-TX-0003. 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 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail 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 and with any 
disk or CD-ROM you submit. 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, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://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 FOIA Review Room 
between the hours of 8:30am and 4:30pm 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 at the 
State Air Agency listed below during official business hours by 
appointment:
    Texas Commission on Environmental Quality, Office of Air Quality, 
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD-
L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone 
214-665-6645, [email protected].

SUPPLEMENTARY INFORMATION:

What Action Are We Taking?

    We are approving revisions to the BPA area post-1996 ROP Plan for 
the 1997-1999, 2000-2002 and 2003-2005 time periods submitted in a 
letter dated November 16, 2004. The post-1996 ROP plan is designed to 
achieve an additional 9 percent reduction in emissions between 1996 and 
1999, a further 9 percent reduction between 1999 and 2002, and another 
9 percent reduction between 2002 and 2005. We are also approving 
revisions to the 1990 base year inventory and the ROP Plan's associated 
Motor Vehicle Emissions Budgets (MVEB) for 1999, 2002, and 2005.

[[Page 8963]]

Why Are These Revisions Necessary?

    On March 30, 2004, EPA issued a final action in the Federal 
Register reclassifying BPA from moderate one-hour ozone nonattainment 
to serious (69 FR 16483). With this new classification came several 
requirements including a requirement to provide a revision to the SIP 
showing the CAA section 182(c)(2) rate of progress requirements would 
be met for 1999, 2002, and 2005.
    We released a new MOBILE6 model on January 29, 2002. (See 67 FR at 
4254). Using MOBILE6 to calculate the 1999, 2002, and 2005 ROP target 
levels requires a revision to the 1990 base year inventory, which is 
the planning base line from which the ROP targets are calculated. Texas 
updated the 1990 base year inventory for the BPA area to reflect the 
use of MOBILE6. This affected the base year on-road mobile source 
inventory as well as the projected emission reductions from mobile 
source control programs. Texas also made a number of other changes as a 
result of updated information.

What Are the Clean Air Act's Rate of Progress Requirements?

    Section 182(c)(2) of the CAA requires each State to submit for each 
serious and above ozone nonattainment area a SIP revision, which 
describes how the area will achieve an actual volatile organic compound 
(VOC) emission reduction from the baseline emissions of at least 3 
percent of baseline emissions per year averaged over each consecutive 
3-year period beginning 6 years after enactment (i.e., November 15, 
1996) until the area's attainment date. The CAA does not allow States 
to take credit for emission reductions due to Federal Motor Vehicle 
Controls adopted prior to 1990 or corrections to reasonably available 
control technology or vehicle inspection and maintenance programs. 
Section 182(c)(2)(C) explains the conditions under which reductions of 
oxides of nitrogen (NOX) may be substituted for reductions 
in VOC emissions for post 1996 ROP plans.

Why Control Volatile Organic Compounds and Oxides of Nitrogen?

    VOCs participate in chemical reactions with oxides of nitrogen 
(NOX) and oxygen in the atmosphere in the presence of 
sunlight to form ozone, a key component of urban smog. Inhaling even 
low levels of ozone can trigger a variety of health problems including 
chest pains, coughing, nausea, throat irritation, and congestion. It 
can also worsen bronchitis, asthma and reduce lung capacity.
    EPA has established National Ambient Air Quality Standards (NAAQS) 
for ozone. The previously adopted standard of 0.12 ppm averaged over a 
1 hour period has been phased out and replaced with a new standard of 
0.08 ppm averaged over a 8 hour period. The 1-hour standard was revoked 
on June 15, 2005.
    Areas that do not meet a NAAQS are subject to nonattainment 
requirements of the CAA. Air quality in BPA does not meet either the 1-
hour or the 8-hour NAAQS for ozone. As such, the area is subject to the 
ROP requirements of section 182 of the CAA. The revised ROP plan 
approved today was developed in response to a 1-hour ozone requirement. 
Under the anti-backsliding provisions of the Phase I ozone 
implementation rule, published on April 30, 2004 (69 FR 69 FR 23951), 
these rate of progress requirements must remain in effect.

How Has Texas Demonstrated Compliance With Rate of Progress 
Requirements?

    Table 1 and Table 2 show the target levels and the projected 
controlled VOC and NOX emissions for each of the milestone 
years in the SIP.
    The target levels are calculated by subtracting the needed 
percentage reductions for each ROP milestone year and any non-
creditable reductions from the 1990 base year levels. Projected future-
year emissions for 2005 were developed by projecting from the State's 
2002 Emission Inventory--actual emission inventory estimates reported 
for 2002. Emissions for 1999 and 2002 are based on the actual reported 
inventory for those years. The projections for 2005 were determined 
based on growth estimates using EPA approved methodologies and 
imposition of Federal and SIP-approved state enforceable controls. The 
two tables demonstrate that estimated emissions in 1999 and 2002 and 
projected emissions for 2005 are well below the target levels for each 
of the milestone years. In other words, the Texas Commission on 
Environmental Quality (TCEQ) has shown that there will be more emission 
reductions than are required to meet each milestone's target level. For 
a complete discussion of EPA's evaluation of TCEQ's calculation of 
target levels and emission projections, see the technical support 
document for this action.

              Table 1.--Actual and Projected NOX Emissions
                               [Tons/day]
------------------------------------------------------------------------
        Category/year            1990       1999       2002       2005
------------------------------------------------------------------------
Projected Emissions.........     313.13     225.21     193.65      177.1
Target Level................         NA     303.37     270.02     234.82
------------------------------------------------------------------------

    The reductions in projected emissions shown in Table 1 result from 
a variety of measures including post-1990 federal motor vehicle control 
programs, NOX reasonably available control technology, and 
controls on lean burn engines and additional NOX controls 
shown to be needed to achieve attainment.
    It is worth noting that the 2005 projections above do not include 
all of the emission reductions expected in the BPA area including 
reductions from the Texas Emission Reduction Program and some of the 
industrial controls required to be implemented after 2002.

             Table 2.--Actual and projected VOC inventories
                               [Tons/day]
------------------------------------------------------------------------
        Category/year            1990       1999       2002       2005
------------------------------------------------------------------------
Total.......................     320.56     150.02     126.22     119.55
Target......................         NA     230.40     228.57     227.02
------------------------------------------------------------------------


[[Page 8964]]

    As can be seen in Table 2, the VOC emission reductions were largely 
realized between 1990 and 1999. These VOC reductions result from post-
1990 federal motor vehicle emission control programs and a variety of 
point source measures implemented as part of the area's ROP plan for 
the 1990-1996 time period which was approved February 10, 1998 (63 FR 
6659). In addition, the State has quantified the reductions from the 
institution of Maximum Available Control Technology (MACT) standards 
under 40 CFR Part 63 such as the Hazardous Organic National Emission 
Standard for Hazardous Air Pollutants.

What Are the Revisions to the 1990 Base Year Inventory?

    Table 3 summarizes the changes to the approved 1990 base year 
inventory. For a full discussion of EPA's evaluation, see the technical 
support document for this action.

      Table 3.--1990 Rate-of-Progress Base Year Emissions Inventory
                               [Tons/day]
------------------------------------------------------------------------
                           Base year inventory
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                                       VOC                   NOX
         Source type         -------------------------------------------
                                 Old        New        Old        New
------------------------------------------------------------------------
Point.......................     245.35     245.54     221.01     221.01
Area........................      30.63      24.56       1.44      16.73
On-road Mobile..............      19.11      36.99      41.09      54.94
Non-road Mobile.............      18.44      13.47      60.72      20.63
                             -------------------------------------------
    Total...................     313.53     320.56     324.26     313.31
------------------------------------------------------------------------

    The columns denoted as old were the 1990 base year emission 
inventories approved February 10, 1998 (63 FR 6659). The changes to the 
inventory result from the use of the more recent version of EPA's model 
for estimating on-road mobile source emissions, MOBILE6, the more 
recent emissions model for emissions from off-road mobile sources, 
NONROAD, and several area-specific studies of activity levels. Appendix 
7 in the submitted Plan includes various studies of off-road emissions 
categories. In particular, TCEQ has included area-specific studies of 
aircraft, locomotive, ship and construction emissions.

What Are the Motor Vehicle Emissions Budgets Established in the Plan?

    Table 4 documents the motor vehicle emissions budgets that have 
been established by this post-1996 ROP Plan revision. A motor vehicle 
emission budget is that portion of the total allowable emissions 
defined in the SIP revision allocated to on-road mobile sources for a 
certain date for meeting the purpose of the SIP, in this case 
reasonable further progress towards attainment of the NAAQS. EPA's 
conformity rule (40 CFR part 51, subpart T and part 93, subpart A) 
requires that transportation plans, programs and projects in 
nonattainment or maintenance areas conform to the SIP. The motor 
vehicle emissions budget is one mechanism EPA has identified for 
demonstrating conformity. Upon the effective date of this SIP approval, 
all future transportation improvement programs and long range 
transportation plans for the Beaumont/Port Arthur area will have to 
show conformity to the budgets in this plan; previous budgets approved 
or found adequate will no longer be applicable.

            Table 4.--SIP ROP Motor Vehicle Emissions Budgets
                             [Tons per day]
------------------------------------------------------------------------
                         Year                             NOX      VOC
------------------------------------------------------------------------
1999..................................................    57.17    20.52
2002..................................................    49.56    17.21
2005..................................................    33.97    12.59
------------------------------------------------------------------------

Final Action

    The EPA is approving the aforementioned changes to the Texas SIP 
because the revisions are consistent with the CAA and EPA regulatory 
requirements. The EPA is publishing this rule without prior proposal 
because the EPA views this as a non-controversial submittal and 
anticipates no adverse comments. However, in the proposed rules section 
of this Federal Register publication, EPA is publishing a separate 
document that will serve as the proposal to approve the SIP revision 
should adverse comments be filed. This rule will be effective April 24, 
2006 without further notice, unless EPA receives relevant adverse 
comment by March 24, 2006.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on April 24, 2006, and no 
further action will be taken on the proposed rule.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes,

[[Page 8965]]

as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have Federalism implications because it does 
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, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action merely approves a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the CAA. This rule also is 
not subject to Executive Order 13045 ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 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 
rule 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. 
section 804(2).
    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 April 24, 2006. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen oxides, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: February 6, 2006.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

0
2. The second table in Sec.  52.2270(e) entitled ``EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas 
SIP'' is amended by adding two new entries to the end of the table for 
``Post 1996 Rate of Progress Plan'' and for ``Revisions to the 1990 
Base Year Inventory'', both for the Beaumont/Port Arthur, TX area. The 
additions read as follows: Sec.  52.2270 Identification of plan
* * * * *
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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                                        Applicable           State
      Name of SIP provision           geographic or       submittal/     EPA approval date         Comments
                                    nonattainment area  effective date
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                                                  * * * * * * *
Post 1996 Rate of Progress Plan..  Beaumont/Port              11/16/04  February 22, 2006..
                                    Arthur, TX.
Revisions to the 1990 Base Year    Beaumont/Port              11/16/04  February 22, 2006..
 Inventory.                         Arthur, TX.
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[FR Doc. 06-1565 Filed 2-21-06; 8:45 am]
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