[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Proposed Rules]
[Pages 58058-58063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23123]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0435; FRL-9731-1]


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: Proposed rule.

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SUMMARY: EPA is proposing to approve Texas' request to revise its 
Beaumont/Port Arthur (BPA) 1997 8-hour ozone maintenance air quality 
State Implementation Plan (SIP) by replacing 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. Texas submitted this request 
to EPA for parallel processing on June 28, 2012.

DATES: Comments must be received on or before October 19, 2012.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2012-0435, by one of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6comment.htm. Please click on ``6PD (Multimedia)'' and select 
``Air'' before submitting comments.
     Email: Mr. Guy Donaldson at [email protected]. Please 
also send a copy by email to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, 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, and not 
on legal holidays. Special arrangements should be made for deliveries 
of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2012-0435. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov or email. The 
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 email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public

[[Page 58059]]

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. For additional information about EPA's public docket visit the 
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
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 
at 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 8:30 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 fee of 15 cents 
per page 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 75202.
    The State submittal is also available for public inspection 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: Mr. Jeffrey Riley, Air Planning 
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 [email protected].

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

Table of Contents

I. What action is EPA proposing?
II. What is the background for this rulemaking?
    A. SIP Budgets and Transportation Conformity
    B. Prior Approval of Budgets
    C. The MOVES Emissions Model and Regional Transportation 
Conformity Grace Period
    D. Submission of New Budgets Based on MOVES2010a
III. What are the criteria for approval?
IV. What is EPA's analysis of the State's submittal?
    A. The Revised Inventories
    B. Approvability of the MOVES2010a-Based Budgets
    C. Applicability of MOBILE6.2-Based Budgets
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What action is EPA proposing?

    EPA is proposing to approve new MOVES2010a-based budgets for the 
Beaumont/Port Arthur (BPA) 1997 8-hour ozone maintenance area. The BPA 
area was redesignated to attainment of the 1997 8-hour ozone standard 
on October 20, 2010 (75 FR 64675, effective date November 19, 2010), 
and the MOBILE6.2-based budgets were approved in that notice. Should 
EPA finalize this proposed approval, the newly submitted MOVES2010a 
budgets will replace the existing, MOBILE6.2-based budgets in the 
state's 1997 8-hour ozone maintenance plan and must then be used in 
future transportation conformity analyses for the area. At that time, 
the previously approved budgets would no longer be applicable for 
transportation conformity purposes.
    Should EPA approve the MOVES2010a-based budgets, the BPA 1997 8-
hour ozone maintenance area must use the MOVES2010a-based budgets 
starting on the effective date of that final approval. See 75 FR 9411-
9414 for background and section II.C below for details.

II. What is the background for this rulemaking?

A. SIP Budgets and Transportation Conformity

    Under the Clean Air Act (CAA), states are required to submit, at 
various times, control strategy SIP revisions and maintenance plans for 
nonattainment and maintenance areas for a given National Ambient Air 
Quality Standard (NAAQS). These emission control strategy SIP revisions 
(e.g., reasonable further progress and attainment demonstration SIP 
revisions) and maintenance plans include budgets of on-road mobile 
source emissions for criteria pollutants and/or their precursors to 
address pollution from cars and trucks. SIP budgets are the portions of 
the total allowable emissions that are allocated to on-road vehicle use 
that, together with emissions from other sources in the area, will 
provide for attainment or maintenance. The budget serves as a ceiling 
on emissions from an area's planned transportation system. For more 
information about budgets, see the preamble to the November 24, 1993, 
transportation conformity rule (58 FR 62188).
    Under section 176(c) of the CAA, transportation plans, 
Transportation Improvement Programs (TIPs), and transportation projects 
must ``conform'' to (i.e., be consistent with) the SIP before they can 
be adopted or approved. Conformity to the SIP means that transportation 
activities will not cause new air quality violations, worsen existing 
air quality violations, or delay timely attainment of the NAAQS or 
delay an interim milestone. The transportation conformity regulations 
can be found at 40 CFR Part 93.
    Before budgets can be used in conformity determinations, EPA must 
affirmatively find the budgets adequate. However, adequate budgets do 
not supersede approved budgets for the same CAA purpose. If the 
submitted SIP budgets are meant to replace budgets for the same 
purpose, as is the case with Texas' MOVES2010a 1997 8-hour ozone 
maintenance plan budgets, EPA must approve the budgets, and can affirm 
that they are adequate at the same time. Once EPA approves the 
submitted budgets, they must be used by state and Federal agencies in 
determining whether transportation activities conform to the SIP as 
required by section 176(c) of the CAA. EPA's substantive criteria for 
determining the adequacy of budgets are set out in 40 CFR 93.118(e)(4).

B. Prior Approval of Budgets

    EPA had previously approved budgets for the Beaumont/Port Arthur 8-
hour ozone maintenance area for volatile organic compounds (VOCs) and 
nitrogen oxides (NOX) for the year 2021 on October 20, 2010 
(75 FR 64675). These budgets were based on EPA's MOBILE6.2 emissions 
model. The ozone maintenance plan established 2021 budgets for the 
Beaumont/Port Arthur area of 4.77 tons per summer day (tpd) for VOCs 
and 7.24 tpd for NOX. The budgets demonstrated a net 
reduction in emissions from the monitored attainment year and the 
NOX budget included a margin of safety.

[[Page 58060]]

 C. The MOVES Emissions Model and Regional Transportation Conformity 
Grace Period

    The MOVES model is EPA's state-of-the-art tool for estimating 
highway emissions. The model is based on analyses of millions of 
emission test results and considerable advances in the agency's 
understanding of vehicle emissions. MOVES incorporates the latest 
emissions data, more sophisticated calculation algorithms, increased 
user flexibility, new software design, and significant new capabilities 
relative to those reflected in MOBILE6.2.
    EPA announced the release of MOVES2010 in March 2010 (75 FR 9411). 
This notice approved the use of MOVES2010 in official SIP submissions 
to EPA and for regional emissions analyses for transportation 
conformity purposes outside of California. In addition, the notice 
started a two-year grace period before MOVES2010 is required to be used 
in new regional emissions analyses for transportation conformity 
determinations outside of California. EPA has since extended that grace 
period until March 2, 2013 (77 FR 11394).
    On September 8, 2010, EPA released MOVES2010a, which included minor 
revisions that enhance model performance and do not significantly 
affect the criteria pollutant emissions results from MOVES2010. 
Therefore, MOVES2010a is not considered a ``new model'' under 40 CFR 
93.111. As a result, the MOVES2010 grace period for regional conformity 
analyses applies to the use of MOVES2010a as well.\1\
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    \1\ For more information, see 77 FR 11394.
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    EPA encouraged Metropolitan Planning Organizations (MPOs), 
Departments of Transportation, and state air agencies to examine how 
MOVES would affect future transportation plans and TIP conformity 
determinations so, if necessary, SIPs and budgets could be revised with 
MOVES2010 or transportation plans and TIPs could be revised (as 
appropriate) prior to the end of the regional transportation conformity 
grace period. EPA also encouraged state and local air agencies to 
consider how the release of MOVES would affect analyses supporting SIP 
submissions under development.
    The Texas Transportation Institute (TTI) (under contract with the 
Texas Commission on Environmental Quality (TCEQ)) has used MOVES2010a 
emission rates with the transportation network information to estimate 
emissions in the years of the transportation plan and also for the SIP. 
Texas is revising the budgets at this time using the latest planning 
assumptions including population and employment updates. In addition, 
newer vehicle registration data has been used to update the age 
distribution of the vehicle fleet. Texas finds that updating the 
budgets with MOVES2010a will prepare the South East Texas Regional 
Planning Commission (SETRPC, the Beaumont/Port Arthur area MPO) for the 
transition to using MOVES for conformity analyses and determinations. 
The interagency consultation group has had extensive consultation on 
the requirements and need for new budgets.

D. Submission of New Budgets Based on MOVES2010a

    On June 28, 2012, Texas submitted for parallel processing 
replacement budgets based on MOVES2010a for the Beaumont/Port Arthur 
area. Texas is currently providing public review and comment at the 
state level. The state public comment period ended on August 3, 2012. 
EPA is proposing to approve the MOVES2010a budgets after completion of 
the public process and formal submittal of the SIP revision request.
    The MOVES2010a budgets are proposed to replace the prior approved 
MOBILE6.2 budgets and are for the same year and pollutants/precursors. 
The new MOVES2010a budgets are for the year 2021 for both VOCs and 
NOX. Texas has also submitted MOVES2010a emissions for the 
attainment year of 2005 (and interim inventory years 2011, 2014 and 
2017) as a comparison to the 2021 budget year. Table 4-1 in the 
submittal demonstrates how mobile source emissions decline from the 
attainment year of 2005. In 2005, the estimated NOX 
emissions from mobile sources is 45.60 tpd and the estimated VOC 
emissions from mobile sources is 11.63 tpd. The 2021 estimated 
emissions for NOX from mobile sources is 6.24 tpd and the 
VOC estimated emissions from mobile sources is 4.77 tpd.
    Tables 4-2 and 4-3 in the submittal demonstrate trends in total 
estimated NOX and VOC emissions, respectively, between 2005 
to 2021. In 2005, the total estimated NOX emissions from all 
sources (including mobile, point, area and non-road sources) is 148.04 
tpd and the total VOC emissions, for the 2005 attainment year, from all 
sources is 210.51 tpd. The 2021 estimated emissions for total 
NOX from all sources is 137.24 tpd and the total VOC 
emissions from all sources is 222.69 tpd. Although there is a 5.8% 
increase in total VOC emissions from all sources between the 2005 
attainment year and the 2021 budget year, there is an offsetting 7.3% 
decrease in total NOX emissions from all sources between 
these years. Therefore, the mobile source emissions, when included with 
point, area and non-road sources continue to demonstrate maintenance of 
the 1997 8-hour ozone standard attainment level of emissions in the 
Beaumont/Port Arthur area.
    No additional control measures were needed to maintain the 1997 
ozone standard emissions in the Beaumont/Port Arthur area. The on-road 
MOVES2010a based budgets are in Table 4-7 of the submittal and are 
listed as 9.7 tpd for NOX and 3.9 tpd for VOCs in the year 
2021. These budgets will continue to keep emissions in the Beaumont/
Port Arthur area below the calculated attainment year of emissions.

III. What are the criteria for approval?

    The CAA has always required that revisions to existing SIPs and 
budgets continue to meet applicable requirements (i.e., reasonable 
further progress (RFP), attainment, or maintenance). States that revise 
their existing SIPs to include MOVES budgets must therefore show that 
the SIP continues to meet applicable requirements with the new level of 
motor vehicle emissions contained in the budgets.
    The transportation conformity rule (at 40 CFR 93.118(e)(4)(iv)) 
requires that ``the motor vehicle emissions budget(s), when considered 
together with all other emissions sources, is consistent with 
applicable requirements for reasonable further progress (RFP), 
attainment, or maintenance (whichever is relevant to the given 
implementation plan submission).'' This and the other adequacy criteria 
found at 40 CFR 93.118(e)(4) must be satisfied before EPA can find 
submitted budgets adequate or approve them for conformity purposes.
    In addition, EPA has stated that areas can revise their budgets and 
inventories using MOVES without revising their entire SIP if (1) the 
SIP continues to meet applicable requirements when the previous motor 
vehicle emissions inventories are replaced with MOVES base year and 
milestone, attainment, or maintenance year inventories, and (2) the 
state can document that growth and control strategy assumptions for 
non-motor vehicle sources continue to be valid and any minor updates do 
not change the overall conclusions of the SIP. For example, the first 
criterion could be satisfied by demonstrating that the emissions 
reductions between the

[[Page 58061]]

baseline/attainment year and maintenance year are the same or greater 
using MOVES than they were previously. The Texas submittal meets this 
requirement as described below in section IV.
    For more information, see EPA's latest ``Policy Guidance on the Use 
of MOVES2010 for State Implementation Plan Development, Transportation 
Conformity, and Other Purposes'' available online at: www.epa.gov/otaq/stateresources/transconf/policy.htm#models.

IV. What is EPA's analysis of the State's submittal?

A. The Revised Inventories

    The Texas SIP revision request for Beaumont/Port Arthur 1997 8-hour 
ozone maintenance plan seeks to revise only the on-road mobile source 
inventories and not the non-road inventories, area source inventories 
or point source inventories for the 2021 year for which the SIP revises 
the budgets. TCEQ has certified that the control strategies remain the 
same as in the original SIP, and that no other control strategies are 
necessary. This is confirmed by the complete, quality-assured 2009-2011 
ozone season monitoring data for Beaumont/Port Arthur, which shows 
continued attainment for the 1997 8-hour ozone standard. Thus, the 
current control strategies are continuing to keep the area in 
attainment of the 1997 8-hour ozone NAAQS.
    EPA has reviewed the emission estimates for point, area and non-
road sources and concluded that no major changes to the projections 
need to be made. The submittal states that analysis of emissions in 
these source categories using more recent growth and control strategy 
assumptions than the original 2008 submittal resulted in lower 
emissions estimates of NOX and VOCs for each inventory year. 
Because of this, EPA concludes that the growth and control strategy 
assumptions for non-mobile sources for the years 2005, 2011, 2014, 2017 
and 2021 continue to be valid and do not affect the overall conclusions 
of the original plan.
    Texas confirms that the SIP continues to demonstrate its purpose of 
maintaining the 1997 ozone standard because the emissions are 
continuing to decrease from the attainment year to the final year of 
the maintenance plan. The total emissions in the revised SIP (which 
includes MOVES2010a emissions from mobile sources) are 148.04 tpd for 
NOX and 210.51 tpd for VOCs in the 2005 attainment year. The 
total emissions from all sources in the 2021 year are 137.24 tpd for 
NOX and 222.69 tpd for VOCs. Although there is a 5.8% 
increase in total VOC emissions from all sources between the 2005 
attainment year and the 2021 budget year, there is an offsetting 7.3% 
decrease in total NOX emissions from all sources between 
these years. These totals demonstrate that emissions in the Beaumont/
Port Arthur area are continuing to decline and remain below the 1997 8-
hour ozone standard attainment levels.
    Texas has submitted MOVES2010a-based budgets for the Beaumont/Port 
Arthur area that are clearly identified in Table 4-7 of the submittal. 
The budgets for 2021 are 9.7 tpd for NOX and 3.9 tpd for 
VOCs.

        Table 1--Beamont/Port Arthur MOVES2010a-Based MVEBs (tpd)
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                   Budget year                     NOX MVEB    VOC MVEB
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2021............................................        9.7         3.9
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B. Approvability of the MOVES2010a-Based Budgets

    EPA is proposing to approve the MOVES2010a-based budgets submitted 
by the state for use in determining transportation conformity in the 
Beaumont/Port Arthur 1997 ozone maintenance area. EPA is making this 
proposal based on our evaluation of these budgets using the adequacy 
criteria found in 40 CFR 93.118(e)(4) and our in-depth evaluation of 
the State's submittal and SIP requirements. EPA has determined, based 
on its evaluation, that the area's maintenance plan would continue to 
serve its intended purpose with the submitted MOVES2010a-based budgets 
and that the budgets themselves will meet the adequacy criteria in the 
conformity rule at 40 CFR 93.118(e)(4) after the state public hearing 
is completed and the SIP is formally submitted.
    EPA is parallel processing this SIP revision request which means 
that EPA is proposing approval at the same time that the state is 
completing the public process at the state level. This SIP revision 
request will not be complete and will not meet all the adequacy 
criteria until the state public process is complete and the SIP 
revision is submitted in final with a letter from the Governor or 
Governor's designee. EPA is proposing to approve the SIP revision 
request after completion of the state public process and final 
submittal. If any comments are received, EPA will consider those 
comments received both at the state and Federal level.
    EPA is moving forward with proposing approval with this parallel 
process because transportation projects cannot be amended to the 
Beaumont/Port Arthur Transportation Plan and transportation improvement 
program until this budget replacement is completed. The budgets need to 
be updated, not only to accommodate the use of MOVES2010a, but also 
because of the updated planning assumptions for mobile sources.
    The adequacy criteria found in 40 CFR 93.118(e)(4) are as follows:
     The submitted SIP was endorsed by [the Governor/Governor's 
designee] and was subject to a state public hearing (Sec.  
93.118(e)(4)(i));
     The submitted SIP underwent consultation among Federal, 
state, and local agencies and the state fully documented the submittal 
(Sec.  93.118(e)(4)(ii));
     The budgets are clearly identified and precisely 
quantified (Sec.  93.118(e)(4)(iii));
     The budgets, when considered with other emission sources, 
are consistent with applicable requirements for [reasonable further 
progress/attainment/maintenance] (Sec.  93.118(e)(4)(iv));
     The budgets are consistent with and clearly related to the 
emissions inventory and control measures in the SIP (Sec.  
93.118(e)(4)(v)); and
     The revisions explain and document changes to the previous 
budgets, impacts on point and area source emissions and changes to 
established safety margins (Sec.  93.118(e)(4)(vi)).
    Our review finds that Texas has met all of the adequacy criteria, 
except the public process and final submittal by the Governor or 
Governor's designee. The interagency consultation group, which is 
composed of the state air agency, state Department of Transportation, 
Federal Highway Administration, EPA, and SETRPC have discussed and 
reviewed the budgets developed with MOVES2010a. The budgets are clearly 
identified and precisely quantified in the submittal in table 4-7. The 
budgets when considered with other emissions sources (point, area, non-
road) are consistent with continued maintenance of the 1997 ozone 
standard. The budgets are clearly related to the emissions inventory 
and control measures in the SIP. The changes from the previous budgets 
are clearly explained with the change in the model from MOBILE6.2 to 
MOVES2010a and the revised and updated planning assumptions. The inputs 
to the model are detailed in the Appendix to the submittal. EPA has 
reviewed the inputs to the

[[Page 58062]]

MOVES2010a modeling and participated in the consultation process. The 
Federal Highway Administration-Texas Division and the Texas Department 
of Transportation have taken a lead role in working with the MPO and 
contractor to provide accurate, timely information and inputs to the 
MOVES2010a model runs. The SETRPC network model provided the vehicle 
miles of travel and other necessary data from the travel demand 
networks.
    The CAA requires that revisions to existing SIPs and budgets 
continue to meet applicable requirements (in this case, maintenance). 
Therefore, states that revise existing SIPs with MOVES must show that 
the SIP continues to meet applicable requirements with the new level of 
motor vehicle emissions calculated by the new model.
    To that end, Texas' submitted MOVES2010a budgets meet EPA's two 
criteria for revising budgets without revising the entire SIP:
    (1) The SIP continues to meet applicable requirements when the 
previous motor vehicle emissions inventories are replaced with 
MOVES2010a base year and milestone, attainment, or maintenance year 
inventories, and
    (2) The state can document that growth and control strategy 
assumptions for non-motor vehicle sources continue to be valid and any 
minor updates do not change the overall conclusions of the SIP.
    EPA has reviewed the emission estimates for point, area and non-
road sources and concluded that no major changes to the projections 
need to be made. The submittal states that analysis of emissions in 
these source categories using more recent growth and control strategy 
assumptions than the original 2008 submittal resulted in lower 
emissions estimates of NOX and VOCs for each inventory year. 
Because of this, EPA concludes that the growth and control strategy 
assumptions for non-mobile sources for the years 2005, 2011, 2014, 2017 
and 2021 continue to be valid and do not affect the overall conclusions 
of the original plan.
    Texas confirms that the SIP continues to demonstrate its purpose of 
maintaining the 1997 ozone standard because the emissions are 
continuing to decrease from the attainment year to the final year of 
the maintenance plan. The total emissions in the revised SIP (which 
includes MOVES2010a emissions for mobile sources) decrease from 148.04 
tpd for NOX and 210.51 tpd for VOCs in the 2005 attainment 
year to 137.24 tpy NOX and 222.69 tpd VOC in 2021. Although 
there is a 5.8% increase in total VOC emissions from all sources 
between the 2005 attainment year and the 2021 budget year, there is an 
offsetting 7.3% decrease in total NOX emissions from all 
sources between these years. These totals demonstrate that emissions in 
the Beaumont/Port Arthur area are continuing to decline and remain 
below the 1997 8-hour ozone standard attainment levels. Table 2 shows 
total emissions in the Beaumont/Port Arthur area including point, area, 
non-road, and mobile sources, and demonstrates the declining emissions 
from the 2005 attainment year.

                            Table 2--Total Emissions With MOVES2010a Mobile Emissions
----------------------------------------------------------------------------------------------------------------
                                       2005            2011            2014            2017            2021
----------------------------------------------------------------------------------------------------------------
VOC (tpd).......................          210.51          216.60          217.20          219.14          222.69
NOX (tpd).......................          148.04          142.80          138.02          136.27          137.24
----------------------------------------------------------------------------------------------------------------

    Based on our review of the SIP and the new budgets provided, EPA 
has determined that the SIP will continue to meet its requirements if 
the revised motor vehicle emissions inventories are replaced with 
MOVES2010a inventories.

C. Applicability of MOBILE6.2-Based Budgets

    Pursuant to the State's request, EPA is proposing that, if we 
finalize the approval of the revised budgets, the state's existing 
MOBILE6.2-based budgets will no longer be applicable for transportation 
conformity purposes upon the effective date of that final approval.
    In addition, once EPA approves the MOVES2010a-based budgets, the 
regional transportation conformity grace period for using MOVES2010 
(and subsequent minor revisions) for the pollutants included in these 
budgets will end for the Beaumont/Port Arthur ozone maintenance area on 
the effective date of that final approval.\2\
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    \2\ For more information, see Question 11 of EPA's ``Policy 
Guidance on the Use of MOVES2010 for State Implementation Plan 
Development, Transportation Conformity, and Other Purposes'' and 75 
FR 9411.
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V. Proposed Action

    EPA is proposing in this action that the Beaumont/Port Arthur 
existing approved budgets for VOCs and NOX for 2021 for the 
1997 8-hour ozone maintenance plan be replaced with new budgets based 
on the MOVES2010a emissions model. Once this proposal is finalized, 
future transportation conformity determinations would use the new, 
MOVES2010a-based budgets and would no longer use the existing 
MOBILE6.2-based budgets. EPA is also proposing to find that the 
Beaumont/Port Arthur area's maintenance plan would continue to meet its 
requirements as set forth under the CAA when these new budgets are 
included.

VI. 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);

[[Page 58063]]

     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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Volatile organic compounds.

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

    Dated: September 11, 2012.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2012-23123 Filed 9-18-12; 8:45 am]
BILLING CODE 6560-50-P