[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Proposed Rules]
[Pages 34681-34686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12044]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0716; FRL-10010-04-Region 6]


Air Plan Approval; Texas; Beaumont-Port Arthur Area Second 
Maintenance Plan for 1997 Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve a 
revision to the Texas State Implementation Plan (SIP). The EPA is 
proposing to approve the plan for maintaining the 1997 8-hour ozone 
National Ambient Air Quality Standards (NAAQS or standard) through 2032 
in the Beaumont-Port Arthur (BPA) area.

DATES: Written comments must be received on or before July 8, 2020.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0716, at https://www.regulations.gov or via email to 
riley.jeffrey@epa.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not

[[Page 34682]]

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 Jeff Riley, 214-665-8542, 
riley.jeffrey@epa.gov. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov. 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: Jeff Riley, EPA Region 6 Office, 
Infrastructure and Ozone Section, 214-665-8542, riley.jeffrey@epa.gov. 
Out of an abundance of caution for members of the public and our staff, 
the EPA Region 6 office will be closed to the public to reduce the risk 
of transmitting COVID-19. We encourage the public to submit comments 
via https://www.regulations.gov, as there will be a delay in processing 
mail and no courier or hand deliveries will be accepted. 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,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Summary of EPA's Proposed Action
II. Background
III. The EPA's Evaluation
    A. Second Maintenance Plan
    B. Transportation Conformity
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Summary of EPA's Proposed Action

    EPA is proposing to approve, as a revision to the Texas SIP, an 
updated 1997 ozone NAAQS maintenance plan for the Beaumont-Port Arthur 
area. The maintenance plan is designed to keep the area in attainment 
of the 1997 ozone NAAQS through the end of the second 10-year 
maintenance period.

II. Background

    Ground-level ozone is formed when oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) react in the 
presence of sunlight. These two pollutants are referred to as ozone 
precursors. Scientific evidence indicates that adverse public health 
effects occur following exposure to ozone.
    In 1979, under section 109 of the Clean Air Act (CAA), EPA 
established primary and secondary NAAQS for ozone at 0.12 parts per 
million (ppm), averaged over a 1-hour period. 44 FR 8202 (February 8, 
1979). On July 18, 1997, EPA revised the primary and secondary NAAQS 
for ozone to set the acceptable level of ozone in the ambient air at 
0.08 ppm, averaged over an 8-hour period. 62 FR 38856 (July 18, 
1997).\1\ EPA set the 8-hour ozone NAAQS based on scientific evidence 
demonstrating that ozone causes adverse health effects at lower 
concentrations and over longer periods of time than was understood when 
the pre-existing 1-hour ozone NAAQS was set.
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    \1\ In March 2008, EPA completed another review of the primary 
and secondary ozone standards and tightened them further by lowering 
the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008). 
Additionally, in October 2015, EPA completed a review of the primary 
and secondary ozone standards and tightened them by lowering the 
level for both to 0.70 ppm. 80 FR 65292 (October 26, 2015).
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    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the nation as attaining or not 
attaining the NAAQS. On April 15, 2004 (69 FR 23857), EPA designated 
certain areas for the 1997 ozone NAAQS, including the Beaumont-Port 
Arthur area, consisting of Hardin, Jefferson and Orange Counties as 
nonattainment. These designations became effective on June 15, 2004. 
Under the CAA, states are also required to adopt and submit SIPs to 
implement, maintain, and enforce the NAAQS in designated nonattainment 
areas and throughout the state.
    When a nonattainment area has three years of complete, certified 
air quality data that has been determined to attain the 1997 ozone 
NAAQS, and the area has met other required criteria described in 
section 107(d)(3)(E) of the CAA, the state can submit to EPA a request 
to be redesignated to attainment, and if approved, would then be 
referred to as a ``maintenance area''.\2\
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    \2\ Section 107(d)(3)(E) of the CAA sets out the requirements 
for redesignation. They include attainment of the NAAQS, full 
approval under section 110(k) of the applicable SIP, determination 
that improvement in air quality is a result of permanent and 
enforceable reductions in emissions, demonstration that the state 
has met all applicable section 110 and part D requirements, and a 
fully approved maintenance plan under CAA section 175A.
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    One of the criteria for redesignation is to have an approved 
maintenance plan under CAA section 175A. The maintenance plan must 
demonstrate that the area will continue to maintain the standard for 
the period extending 10 years after redesignation, and it must contain 
such additional measures as necessary to ensure maintenance and such 
contingency provisions as necessary to assure that violations of the 
standard will be promptly corrected. At the end of the eighth year 
after the effective date of the redesignation, the state must also 
submit a second maintenance plan to ensure ongoing maintenance of the 
standard for an additional 10 years. CAA section 175A.
    EPA has long-standing guidance for states on developing maintenance 
plans. This includes ``Procedures for Processing Requests to 
Redesignate Areas to Attainment,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, September 4, 1992 (the 
``Calcagni Memorandum'').\3\ The Calcagni Memorandum provides that 
states may generally demonstrate maintenance by either performing air 
quality modeling to show that the future mix of sources and emission 
rates will not cause a violation of the NAAQS or by showing that future 
emissions of a pollutant and its precursors will not exceed the level 
of emissions during a year when the area was attaining the NAAQS (i.e., 
attainment year inventory). See Calcagni Memorandum at 3.
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    \3\ ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992. To view the memo, please 
visit https://www.epa.gov/sites/production/files/2016-03/documents/calcagni_memo_-_procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf.
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    On December 16, 2008, the Texas Commission on Environmental Quality 
(TCEQ) submitted a request to EPA to redesignate the Beaumont-Port 
Arthur area to attainment for the 1997 ozone NAAQS. This submittal 
included a plan to maintain the 1997 ozone NAAQS in the BPA area 
through 2021 as a revision to the Texas SIP. EPA approved the 
maintenance plan for the BPA area and redesignated the area to 
attainment of the 1997 ozone NAAQS effective November 19, 2010 (75 FR 
64675). The Beaumont-Port Arthur area continues to meet the 1997 
standard. In fact, air quality has continued to improve. The area's 
preliminary design value for 2017-2019 is 70 ppb which not only

[[Page 34683]]

complies with the 1997 standard but also the more stringent 2008 and 
2015 ozone standards.
    Under CAA section 175A(b), states must submit a revision to the 
first maintenance plan eight years after redesignation to provide for 
maintenance of the NAAQS for ten additional years following the end of 
the first 10-year period. EPA's final implementation rule for the 2008 
ozone NAAQS revoked the 1997 ozone NAAQS and provided that one 
consequence of revocation was that areas that had been redesignated to 
attainment (i.e., maintenance areas) for the 1997 standard no longer 
needed to submit second 10-year maintenance plans under CAA section 
175A(b).\4\ However, in South Coast Air Quality Management District v. 
EPA \5\ (South Coast II), the D.C. Circuit vacated EPA's interpretation 
that, because of the revocation of the 1997 ozone standard, second 
maintenance plans were not required for ``orphan maintenance areas,'' 
i.e., areas that had been redesignated to attainment for the 1997 NAAQS 
and were designated attainment for the 2008 ozone NAAQS. Thus, states 
with these ``orphan maintenance areas'' under the 1997 ozone NAAQS must 
submit maintenance plans for the second maintenance period. 
Accordingly, on February 5, 2019, the Texas Commission on Environmental 
Quality (TCEQ) submitted the second maintenance plan for the Beaumont-
Port Arthur area. The maintenance plan shows that the area is expected 
to remain in attainment of the 1997 ozone NAAQS through the end of the 
full 20-year maintenance period. The State's submittal also included a 
request to EPA to redesignate the BPA area to attainment for the 
revoked 1979 1-hour ozone NAAQS \6\ and a plan to provide for 
maintenance of the 1-hour ozone standard in the BPA area through 2032. 
EPA is not addressing the 1-hour ozone standard portion of the State's 
submission at this time.
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    \4\ See 80 FR 12315 (March 6, 2015).
    \5\ 882 F.3d 1138 (D.C. Cir. 2018).
    \6\ In April 2004, EPA published a rule governing implementation 
of the 1997 ozone NAAQS (Phase 1 Rule). 69 FR 23951 (April 30, 
2004). The Phase 1 Rule revoked the 1-hour ozone NAAQS along with 
designations and classifications for that standard.
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III. The EPA's Evaluation

A. Second Maintenance Plan

    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under section 175A, the maintenance plan must demonstrate continued 
attainment of the NAAQS for at least 10 years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the state must submit a revised maintenance plan which 
demonstrates that attainment of the NAAQS will continue for an 
additional 10 years beyond the initial 10-year maintenance period. To 
address the possibility of future NAAQS violations, the maintenance 
plan must contain contingency measures, as EPA deems necessary, to 
assure prompt correction of the future NAAQS violation.
    The Calcagni Memorandum provides further guidance on the content of 
a maintenance plan, explaining that a maintenance plan should address 
five elements: (1) An attainment emission inventory; (2) a maintenance 
demonstration; (3) a commitment for continued air quality monitoring; 
(4) a process for verification of continued attainment; and (5) a 
contingency plan.
    On February 5, 2019, TCEQ submitted, as a SIP revision, a plan to 
provide for maintenance of the 1997 ozone standard in the Beaumont-Port 
Arthur area through 2032, more than 20 years after the effective date 
of redesignation to attainment. As discussed below, EPA finds that 
Texas' second maintenance plan includes the necessary components and 
proposes to approve the maintenance plan as a revision to the Texas 
SIP.
1. Attainment Inventory
    For maintenance plans, a state should develop a comprehensive, 
accurate inventory of actual emissions for an attainment year to 
identify the level of emissions which is sufficient to maintain the 
NAAQS. A state should develop this inventory consistent with EPA's most 
recent guidance on emissions inventory development. For ozone, the 
inventory should be based on typical summer day VOC and NOX 
emissions, as these pollutants are precursors to ozone formation.
    The CAA section 175A maintenance plan approved by EPA for the first 
10-year period included an attainment inventory that reflects typical 
summer day VOC and NOX emissions for the 2005 attainment 
year. In addition, because the BPA maintenance area continued to 
monitor attainment of the 1997 ozone NAAQS in 2014, this is also an 
appropriate year to use for an attainment year inventory. As such, the 
TCEQ has developed a 2014 attainment year inventory for the BPA area, 
presented in Table 1 below, to represent the VOC and NOX 
emissions that occur on a typical summer weekday. The 2014 attainment 
year inventory was developed from the 2014 periodic emissions inventory 
(PEI), in accordance with the Air Emissions Reporting Requirements. See 
80 FR 8787 (February 19, 2015). For some source categories, the TCEQ 
developed state-specific emissions estimates by acquiring state-
specific activity data and applying appropriate emissions factors in 
developing the 2014 attainment year inventory, as well as projections 
for the 2032 maintenance year inventory presented in Table 2 below. 
These source categories include but are not limited to: Storage tanks, 
structural fires, dry cleaners, and automobile fires. In particular, 
the TCEQ focused on refining the oil and gas area source inventory 
production categories. These inventories also include descriptions of 
the methods used to estimate emissions.\7\ Table 1 shows 2014 
attainment year VOC and NOX emission totals for all sectors 
for the BPA maintenance area.
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    \7\ For more information on EIs, including guidance, reports, 
and resources, see EPA's website at https://www.epa.gov/air-emissions-inventories.

    Table 1--Beaumont-Port Arthur Area Typical Summer Day VOC and NOX
        Emissions for Attainment year 2014 in Tons per Day (tpd)
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                    Source category                       VOC      NOX
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Nonroad...............................................     2.67    16.66
Onroad................................................     6.27    18.49
Point.................................................    32.20    62.25
Area..................................................    54.99     3.89
                                                       -----------------
  Total...............................................    96.13   101.29
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2. Maintenance Demonstration
    TCEQ is demonstrating maintenance through 2032 by showing that 
future emissions of VOC and NOX for the Beaumont-Port Arthur 
area remain at or below attainment year emission levels. 2032 is an 
appropriate maintenance year for the BPA area because it is more than 
10 years beyond the first 10-year maintenance period. The 2032 
emissions inventory is projected from the 2014 PEI, which was the most 
recent available inventory at the time the TCEQ was preparing the 
maintenance plan submittal for the BPA area. The 2032 summer day 
emissions inventory for the Beaumont-Port Arthur area is summarized in 
Table 2 below.

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    Table 2--Beaumont-Port Arthur Area Typical Summer Day VOC and NOX
                   Emissions for Maintenance Year 2032
                                  [tpd]
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             Source category                    VOC             NOX
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Nonroad.................................            2.29            7.64
Onroad..................................            2.21            4.76
Point...................................           32.73           62.32
Area....................................           43.65            3.95
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    Total...............................           80.88           78.67
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    Table 3 below shows the changes in VOC and NOX emissions 
between the attainment year (2014) and maintenance year (2032) for the 
BPA maintenance area.

                   Table 3--Change in Typical Summer Day VOC and NOX Emissions in the Beaumont-Port Arthur Area Between 2014 and 2032
                                                                          [tpd]
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                                                                                        VOC                                        NOX
                                                                   -------------------------------------------------------------------------------------
                          Source category                                                         Net change                                 Net change
                                                                        2014          2032        (2014-2032)       2014          2032       (2014-2032)
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Nonroad...........................................................          2.67          2.29          -0.38          16.66          7.64         -9.02
Onroad............................................................          6.27          2.21          -4.06          18.49          4.76        -13.73
Point.............................................................         32.20         32.73          +0.53          62.25         62.32         +0.07
Area..............................................................         54.99         43.65         -11.34           3.89          3.95         +0.06
                                                                   -------------------------------------------------------------------------------------
    Total.........................................................         96.13         80.88         -15.25         101.29         78.67        -22.62
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    We note the slight increase in point source VOC emissions, which is 
offset by the decreases in area and mobile source VOC emissions. 
Additionally, the slight increases in stationary source NOX 
emissions are offset by decreases in mobile source NOX 
emissions. We also note that the projections for the on-road mobile 
source inventory for 2032, which TCEQ submitted as motor vehicle 
emissions budgets, are consistent with maintenance of the 1997 ozone 
NAAQS. The maintenance demonstration for the BPA area shows maintenance 
of the 1997 ozone NAAQS by providing emissions information to support 
the demonstration that future emissions of NOX and VOC will 
remain at or below 2014 emission levels when considering both future 
source growth and implementation of future controls. We are proposing 
that TCEQ has met the maintenance demonstration requirements on the 
basis that the approach and methods of calculating the attainment year 
and future year emission inventories that were used are consistent with 
EPA guidance.\8\
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    \8\ See EPA's web page for Emission Models and Other Methods to 
Produce Emission Inventories. The web page includes general guidance 
for preparing inventories; estimating commercial marine emission 
inventories and port emissions; estimating emissions from 
locomotives; and estimating emissions from aircraft: https://www.epa.gov/moves/emissions-models-and-other-methods-produce-emission-inventories.
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3. Continued Air Quality Monitoring
    TCEQ has committed to continue to operate an approved ozone 
monitoring network in the Beaumont-Port Arthur area. TCEQ has committed 
to consult with EPA prior to making changes to the existing monitoring 
network should changes become necessary in the future. TCEQ remains 
obligated to meet monitoring requirements and continue to quality 
assure monitoring data in accordance with 40 CFR part 58, and to enter 
all data into the Air Quality System in accordance with Federal 
guidelines.
4. Verification of Continued Attainment
    The State of Texas has confirmed that it has the legal authority to 
enforce and implement the requirements of the maintenance plans for the 
areas addressed in this action. This includes the authority to adopt, 
implement, and enforce any subsequent emission control measures 
determined to be necessary to correct future ozone attainment problems.
    Verification of continued attainment is accomplished through 
operation of the ambient ozone monitoring network and the periodic 
update of the area's emissions inventory. TCEQ has committed to 
continue to operate an approved ozone monitoring network in the 
Beaumont-Port Arthur maintenance area. TCEQ will not discontinue 
operation, relocate, or otherwise change the existing ozone monitoring 
network other than through revisions in the network approved by EPA.
    In addition, to track future levels of emissions, TCEQ has 
committed to continue to develop and submit to EPA updated emission 
inventories for all source categories at least once every three years, 
consistent with the requirements of 40 CFR part 51, subpart A, and in 
40 CFR 51.122. The Consolidated Emissions Reporting Rule (CERR) was 
promulgated by EPA on June 10, 2002 (67 FR 39602). The CERR was 
replaced by the Annual Emissions Reporting Requirements on December 17, 
2008 (73 FR 76539).
5. Contingency Plan
    Section 175A of the CAA requires that the state must adopt a 
maintenance plan, as a SIP revision, that includes such contingency 
measures as EPA deems necessary to assure that the state will promptly 
correct a violation of the NAAQS that occurs after redesignation of the 
area to attainment of the NAAQS. The maintenance plan must identify: 
The contingency measures to be considered and, if needed for

[[Page 34685]]

maintenance, adopted and implemented; a schedule and procedure for 
adoption and implementation; and, a time limit for action by the state. 
The state should also identify specific indicators to be used to 
determine when the contingency measures need to be considered, adopted, 
and implemented. The maintenance plan must include a commitment that 
the state will implement all measures with respect to the control of 
the pollutant that were contained in the SIP before redesignation of 
the area to attainment in accordance with section 175A(d) of the CAA.
    As required by section 175A of the CAA, Texas has adopted a 
contingency plan for the Beaumont-Port Arthur maintenance area to 
address possible future ozone air quality problems. The adopted 
contingency plan maintains the same contingency measures included in 
the BPA area's first 1997 ozone NAAQS 10-year maintenance plan, 
approved by EPA on October 20, 2010 (75 FR 64675). The potential 
contingency measures identified by the TCEQ include, but are not 
limited to the following:
     Revision to Title 30 of the Texas Administrative Code 
(TAC) Chapter 117, Subchapter B, Division 1 or Subchapter E, Division 
4, to control rich-burn, gas-fired, reciprocating internal combustion 
engines located in the BPA area.
     Inclusion of one or more counties in the BPA area in 30 
TAC Chapter 115 VOC rules for the control of crude and condensate 
storage tanks at upstream oil and gas exploration and production sites 
or midstream pipeline breakout stations with uncontrolled flash 
emissions greater than 25 tons per year.
     Inclusion of one or more counties in the BPA area in 30 
TAC Chapter 115 VOC rules for more stringent controls for tank fittings 
on floating roof tanks, such as slotted guidepoles and other openings 
on internal and external floating roofs.
     Inclusion of one or more counties in the BPA area in 30 
TAC Chapter 115 VOC rules limiting emissions from landings of floating 
roofs in floating roof tanks.
     Inclusion of one or more counties in the BPA area in 30 
TAC Chapter 115 VOC rules for control of VOC emissions from degassing 
operations for storage tanks with a nominal capacity of 75,000 gallons 
or more storing materials with a true vapor pressure greater than 2.6 
pounds per square inch absolute (psia), or with a nominal capacity of 
250,000 gallons or more storing materials with a true vapor pressure of 
0.5 psia or greater. Degassing vapors from storage vessels, transport 
vessels, and marine vessels would be required to vent to a control 
device until the VOC concentration of the vapors is reduced to less 
than 34,000 parts per million by volume as methane.
     Expand the Texas Low Emission Diesel marine diesel 
requirements in 30 TAC Sec.  114.319(c) to include one or more counties 
in the BPA area.
    To qualify as a contingency measure, emissions reductions from that 
measure must not be factored into the emissions projections used in the 
maintenance plan. The maintenance plan provides that a monitored and 
certified violation of the NAAQS triggers the requirement to consider, 
adopt, and implement the plan's contingency measures. The schedule and 
procedure for adoption and implementation by the State is no longer 
than 18 months following a monitored and certified violation of the 
NAAQS.\9\ Given the estimated emissions in the Beaumont nonattainment 
area, we believe the proposed contingency measures are sufficient to 
address any potential future violations.
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    \9\ The 1997 eight-hour ozone NAAQS is violated by any 
consecutive three-year average of each annual fourth-highest daily 
maximum eight-hour ozone average at or above 85 ppb.
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    TCEQ's maintenance plan adequately addresses the five basic 
components of a maintenance plan: attainment inventory, maintenance 
demonstration, monitoring network, verification of continued 
attainment, and a contingency plan. As such, EPA is proposing to 
approve the maintenance plan SIP revision submitted by the TCEQ on the 
basis that it meets the requirements of CAA section 175A.

B. Transportation Conformity

    Transportation conformity is required by section 176(c) of the CAA. 
Conformity to a SIP means that transportation activities will not cause 
or contribute to new air quality violations, worsen existing 
violations, or delay timely attainment of the relevant NAAQS or interim 
milestones (CAA 176(c)(1)). EPA's conformity rule at 40 CFR part 93 
establishes the criteria and procedures for determining whether 
transportation plans, transportation improvement programs (TIPs), and 
federally supported highway and transit projects conform to the SIP. 
EPA's regulation at 40 CFR 93.109 specifies the conformity criteria for 
each transportation action. See Table 1, 40 CFR 93.109.
    The BPA maintenance plan submission includes motor vehicle 
emissions budgets (MVEBs) for the last year of the maintenance plan (in 
this case 2032). MVEBs are used to conduct regional emissions analyses 
for transportation conformity purposes. See 40 CFR 93.118. The MVEB is 
the portion of the total allowable emissions in the maintenance 
demonstration that is allocated to highway and transit vehicle use and 
emissions. See 40 CFR 93.101. The South Coast II court decision upheld 
EPA's revocation of the 1997 ozone NAAQS, which was effective on April 
6, 2015. EPA's current transportation conformity regulation requires a 
regional emissions analysis only during the time period beginning one 
year after a nonattainment designation for a particular NAAQS until the 
effective date of revocation of that NAAQS (40 CFR 93.109(c)). 
Therefore, pursuant to the conformity regulation, a regional emissions 
analysis using MVEBs is not required for conformity determinations for 
the 1997 ozone NAAQS because that NAAQS has been revoked (80 FR 12264). 
As no regional emissions analysis is required for the BPA maintenance 
area, transportation conformity for the 1997 ozone NAAQS can be 
demonstrated for transportation plans and TIPs by showing that the 
remaining criteria contained in Table 1 in 40 CFR 93.109, and 40 CFR 
93.108 have been met. Therefore, EPA is not taking any action on the 
submitted 2032 NOX and VOC MVEBs for transportation 
conformity purposes. As noted previously, EPA is proposing to find that 
the projected emissions inventory which reflects these budgets are 
consistent with maintenance of the 1997 8-hour ozone standard.

IV. Proposed Action

    Under section 175A of the CAA and for the reasons set forth above, 
based on Texas' representations and commitments set forth above, EPA is 
proposing to approve the second maintenance plan for the 1997 ozone 
NAAQS for the Beaumont-Port Arthur area, submitted by TCEQ on February 
5, 2019, as a revision to the Texas SIP. This maintenance plan is 
designed to keep the area in attainment of the 1997 ozone NAAQS through 
the second 10-year maintenance period.

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 Act 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 approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action

[[Page 34686]]

merely proposes to approve 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed rule does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).

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: May 29, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020-12044 Filed 6-5-20; 8:45 am]
 BILLING CODE 6560-50-P


