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Approval and Promulgation of Air Quality Implementation Plans; Texas; Control of Air Pollution From Motor Vehicles, Vehicle Inspection and Maintenance

American Government Special Collections Reference Desk

Approval and Promulgation of Air Quality Implementation Plans; Texas; Control of Air Pollution From Motor Vehicles, Vehicle Inspection and Maintenance

Samuel Coleman
Environmental Protection Agency
7 October 2016


[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Rules and Regulations]
[Pages 69679-69685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24205]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0425; FRL-9952-27-Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Control of Air Pollution From Motor Vehicles, Vehicle Inspection 
and Maintenance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Texas State Implementation Plan (SIP). The revisions 
to the SIP were submitted in 2015. These revisions are related to the 
implementation of the state's motor vehicle emissions Inspection and 
Maintenance (I/M) Program. The EPA is approving these revisions 
pursuant to the Clean Air Act (CAA).

DATES: This rule will be effective on December 6, 2016 without further 
notice unless EPA receives relevant adverse comments by November 7, 
2016. If EPA receives such comments, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0425, at http://www.regulations.gov or via email to 
walser.john@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 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 John Walser, 214-665-
7128, walser.john@epa.gov. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index and in hard copy at EPA Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas. While all documents in the docket are 
listed in the index, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material), and some may not 
be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. John Walser (6PD-L), (214) 665-
7128, walser.john@epa.gov.

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

I. Background

A. What is a SIP?

    Section 110 of the CAA requires states to develop air pollution 
regulations and control strategies to ensure that air quality meets the 
National Ambient Air Quality Standards (NAAQS) established by EPA. The 
NAAQS are established under section 109 of the CAA and currently 
address six criteria pollutants: Carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide. A SIP is a set of 
air pollution regulations, control strategies, other means or 
techniques, and technical analyses developed by the state, to ensure 
that air quality in the state meets the NAAQS. It is required by 
section 110 and other provisions of the CAA. A SIP protects air quality 
primarily by addressing air pollution at its point of origin. SIPs can 
be extensive, containing state regulations or other enforceable 
documents, and supporting information such as city and county 
ordinances, monitoring networks, and modeling demonstrations. Each 
state must submit any SIP revision to EPA for approval and 
incorporation into the federally-enforceable SIP.
    The Texas SIP includes a variety of control strategies, including 
the regulations that outline requirements for the motor vehicle I/M 
program for applicable areas of the state.

B. What is vehicle inspection and maintenance?

    The 1990 CAA required ozone nonattainment areas classified moderate 
and higher to have vehicle inspection and maintenance programs to 
ensure that emission controls on vehicles are properly maintained. CAA 
sections 182 (b)(4); (c)(3). The Texas motor vehicle I/M program, which 
is referred to as the Texas Motorist Choice (TMC) Program, was approved 
by EPA in the Federal Register on November 14, 2001 (66 FR 57261).\1\
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    \1\ Previous actions taken toward full approval of the TMC 
Program include: a proposed conditional interim approval on October 
3, 1996 (61 FR 51651); an interim final conditional approval on July 
11, 1997 (62 FR 37138); a direct final action on April 23, 1999 (64 
FR 19910) to remove the conditions; and a final action to approve 
various revisions on July 25, 2014 (79 FR 43264).
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    The State's TMC Program requires that gasoline powered light-duty 
vehicles, and light and heavy-duty trucks between two and twenty-four 
years old, that are registered or required to be registered in the I/M 
program area, including fleets, are subject to annual

[[Page 69680]]

inspection and testing. Vehicles in Dallas, Tarrant, Collin, Denton, 
Ellis, Johnson, Kaufman, Parker, and Rockwall counties in the DFW area, 
and Harris, Galveston, Brazoria, Fort Bend, and Montgomery in the HGB 
nonattainment area that are 1995 and older are subject to an ASM-2 
tailpipe test. Vehicles in those counties that are 1996 and newer 
receive the On-Board Diagnostic (OBD) test in place of the tailpipe 
test.
    El Paso, Travis and Williamson County I/M programs are similar and 
require, in conjunction with the annual safety inspection, for all I/M 
program vehicles (gasoline powered vehicles from 2 through 24 years 
old) the administration of the two-speed idle tailpipe test if they are 
model year 1995 or older, or an OBD test if they are model year 1996 or 
newer.\2\ Vehicles in all program areas are also currently subject to a 
gas cap pressure check and an anti-tampering inspection as part of the 
statewide annual safety inspection.
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    \2\ Travis and Williamson counties were added as part of an 
Early Action Compact (EAC) for the Austin area. The EAC was a 
program to encourage permanent proactive measures to prevent 
nonattainment area designations under the 1997 ozone standard.
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C. What is the low income vehicle repair assistance, retrofit, and 
accelerated vehicle retirement program (LIRAP)?

    The LIRAP is a voluntary program that any county participating in 
the Texas I/M program may elect to implement to enhance the objectives 
of the Texas I/M program. The Texas Commission on Environmental Quality 
(TCEQ) adopted the LIRAP rules on March 27, 2002 at 27 Tex. Reg. 3194. 
The LIRAP provides funding to assist eligible vehicle owners with 
emissions-related repairs, retrofits, or the option to retire the 
vehicle. The LIRAP is funded through a portion of the emissions 
inspection fee. Vehicle owners who have failed a recent emissions test 
and who meet the low-income criteria may be eligible. The LIRAP also 
provides funding for local projects targeted at improving air quality 
in the counties implementing the LIRAP.
    Although the LIRAP is not required by the CAA, certain provisions 
relating to the program fees have been approved into the Texas SIP to 
allow for full implementation of the State's I/M program.\3\ These 
provisions strengthen the SIP.
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    \3\ Please see 70 FR 45542, dated August 8, 2005.
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II. Overview of the June 9 and 11, 2015 State Submittals

A. June 9, 2015 Submittal

    On June 9, 2015, the TCEQ submitted SIP revisions to EPA that 
amended rules related to the implementation of the state's motor 
vehicle emission I/M program. These revisions are related to replacing 
the duel windshield sticker system for vehicle inspection and 
registration with a single vehicle registration insignia sticker and 
modifying the method used to collect the state portion of the vehicle 
safety and emissions inspection fee, in addition to minor non-
programmatic updates to rule language to correct outdated references 
and for general clarity.\4\
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    \4\ House Bill (HB) 2305 was passed during the 83rd legislative 
session (2013). This bill eliminated the inspection sticker 
resulting in a single-sticker system and makes vehicle registration 
dependent on obtaining a passing vehicle inspection.
---------------------------------------------------------------------------

    DPS implemented the changes on March 1, 2015 in all program areas. 
At present the program areas are: Dallas-Fort Worth area (DFW), 
Houston-Galveston-Brazoria area (HGB), El Paso area, and the Austin 
area.

B. June 11, 2015 Submittal

    On June 11, 2015, the TCEQ submitted SIP revisions to EPA that 
amended rules related to the LIRAP. TCEQ amended the state regulations 
to incorporate a new procedure for counties to opt out of LIRAP and to 
be released from program obligations, including remittance of the fee 
to fund the LIRAP. At the time the LIRAP was established, the rules did 
not specify such a procedure. The revisions define counties 
participating in, in the process of opting out, and not participating 
in the LIRAP, and details the fees associated with each county 
category. It also makes other minor non-programmatic updates to rule 
language for clarity.
    The June 11, 2015 revisions to the SIP change the fee and 
definitions sections of the LIRAP portion of the I/M rules. These 
revisions are approvable into the SIP as components of the State's fee 
structure to implement it's I/M program.

III. Plan Requirements and Our Evaluation

    The revisions we are approving address 30 TAC 114, Control of Air 
Pollution from Motor Vehicles, Subchapter A: Definitions; and 
Subchapter C, Low Income Vehicle Repair Assistance, Retrofit, and 
Accelerated Vehicle Retirement Program, Division 1: Vehicle Inspection 
and Maintenance; and Division 3: Early Action Compact Counties. We have 
prepared a Technical Support Document (TSD) for this action which 
details our evaluation. Our TSD may be accessed on-line at http://www.regulations.gov, Docket No. EPA-R06-OAR-2015-0425.
    To determine the approvability of these I/M revisions, we must 
determine whether these revisions comply with our Federal I/M 
requirements at 40 CFR part 51, subpart S, and 40 CFR 85.2222 (Federal 
I/M Rules) and CAA section182 regarding I/M program requirements.

A. The June 9, 2015 Submittal

    The June 9, 2015 SIP narrative discusses how the Program meets the 
above requirements, and we agree with the State's analysis. See 38 Tex. 
Reg. 7068; 7074-75. Further explanation of our analysis of the adequacy 
of this submission with respect to I/M requirements can be found in the 
TSD for this action.
    On June 9, 2015, the State adopted revisions to 30 TAC Chapter 114, 
Control of Air Pollution from Motor Vehicles, Subchapter A, 
Definitions, Sections 114.1 and 114.2; and Subchapter B: Motor Vehicle 
Anti-Tampering Requirements, Section 114.21,\5\ and Subchapter C, 
Division 1: Vehicle Inspection and Maintenance, Sections 114.50-114.53, 
and Subchapter C, Division 3: Early Action Compact Counties, Sections 
114.82-114.84, and 114.87, and corresponding revisions to the SIP. The 
SIP revisions contain a revised narrative, rules, and supporting 
documentation as outlined in the requirements of the Federal I/M rules. 
The SIP revisions will modify the administrative aspects of the 
existing Texas I/M program in order to implement Texas House Bill 2305, 
which replaces the current dual inspection and registration sticker 
system with a single sticker registration sticker and modifies the 
method used to collect the state's portion of the vehicle emissions 
inspections fee. Registrations for non-compliant vehicles would be 
denied under the single sticker system as under the dual sticker 
system. 38 Tex. Reg. 7068. We find that the single sticker system is 
approvable because this change to Texas's I/M program does not affect 
the program's compliance with any federal requirements for I/M.
---------------------------------------------------------------------------

    \5\ Please see the discussion later in this rulemaking regarding 
Section 114.21.
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    The I/M rules require the TCEQ to implement the I/M program in 
conjunction with the Texas DPS. The I/M rules also authorize the 
collection of the state's portion of the vehicle emissions inspection 
fee by the DPS at

[[Page 69681]]

the time that vehicle emissions inspection station owners purchase 
safety and emissions inspection windshield stickers.
    30 TAC Chapter 114 Sections 114.1 and 114.2 identify and define the 
terms used in the State's I/M regulations. Section 114.1(4) is revised 
to add the phrase ``Beginning on the single sticker transition date as 
defined in this section, the safety inspection certificates will no 
longer be used'' for clarity regarding the single-sticker program. 
Section 114.1(5) is added to define first vehicle registration. There 
is no federal definition of the term ``first vehicle registration''; 
but this definition does not conflict with any federal requirement. 
Sections 114.1(6)--(21) are renumbered to account for the new 
subsections and contain other non-substantive changes.
    Section 114.1(15), is modified to add new text as follows: ``Single 
sticker transition date--The transition date of the single sticker 
system is the later of March 1, 2015 or the date that the Texas 
Department of Motor Vehicles (DMV) and the Texas DPS concurrently 
implement the single sticker system required by the Texas 
Transportation Code, Section 502.047.'' \6\ This text ensures that the 
terminology ``Single sticker transition date'' is well-defined and 
consistent with the Texas Transportation Code and with federal 
requirements, as applicable. Additionally, Section 114.1(19) and (20) 
are modified to add new text that define vehicle registration and 
vehicle registration insignia sticker terminology.
---------------------------------------------------------------------------

    \6\ DPS implemented the revisions on March 1, 2015.
---------------------------------------------------------------------------

    Section 114.2(1)(A) and (B) are modified to clarify the definitions 
of accelerated simulation mode (ASM-2) phases, specifically the 50/15 
and 25/25 modes. For example, the 25/25 mode tests the vehicle at 25 
mile per hour (mph) using 25 percent of the vehicle available 
horsepower. Section 114.2(12)--Testing Cycle is revised to define the 
annual testing cycle under the single-sticker program and add the 
phrase ``or beginning on the single sticker transition date, the annual 
cycle commencing with the first vehicle registration expiration date 
for which a motor vehicle is subject to a vehicle emissions 
inspection''. Also, revisions to 114.2(14)--Uncommon Part and addition 
of 114.2(14)(A)-(C) add additional clarity exceeding remaining time 
prior to expiration of the safety inspection certificate and the 
vehicle registration.
    These revisions to Sections 114.1 and 114.2 modify the I/M 
definitions as needed to implement the single-sticker program or are 
ministerial and add clarification. We therefore find that they are 
approvable.
    Section 114.21--Anti-tampering Exemptions is also revised. However, 
at the request of TCEQ,\7\ we are not taking action on Section 114.21, 
Anti-tampering Exemptions at this time.\8\ We do not need to act on 
this section to approve the remaining revisions to the I/M program in 
the June 9 and June 11, 2015 submittals because the Anti-tampering 
program is not part of the currently approved SIP. Therefore, the 
revisions to Section 114.21 are separable, meaning that the action we 
are taking will not result in the approved SIP being more stringent 
than the State anticipated. See Bethlehem Steel Corp. v. Gorsuch, 742 
F. 2d 1028 (7th Cir. 1984); Indiana and Michigan Elec. Co., v. EPA, 733 
F. 2d 489 (7th Cir. 1984).
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    \7\ Email from TCEQ dated July 18, 2016 requesting EPA postpone 
review of Section 114.21 at this time. This document is contained in 
the docket for this rulemaking.
    \8\ Section 110(k)(3) of the CAA provides the EPA the authority 
to approve a SIP submittal in part.
---------------------------------------------------------------------------

    The SIP submittal contains revisions to Subchapter C, Division 1: 
Vehicle Inspection and Maintenance. Specifically, Section 114.50--
Vehicle Emissions Inspection Requirements, includes numerous revisions 
to Section 114.50(a)(1)-(4), (b)(1)-(6), (c) and (d)(1)-(6) \9\ and 
makes non-substantive changes to other provisions in this section. The 
revisions implement the single-sticker program, and add rule clarity. 
Revisions to Section 114.50(d)(2) add the following text: ``Beginning 
on the single sticker transition date, no person may allow or 
participate in the preparation, duplication, sale, distribution, or 
false, counterfeit, or stolen vehicle registration insignia stickers, 
VIRs, VRFs,\10\ vehicle emissions repair documentation, or other 
documents that may be used to circumvent applicable vehicle emissions 
I/M requirements and to commit an offense specified in Texas 
Transportation Code, Sec.  548.603.'' These revisions define rule 
prohibitions, including activities that are fraudulent. As a result, 
these revisions strengthen the rule and are approvable.
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    \9\ Please see our TSD for a more detailed listing/discussion of 
these revisions.
    \10\ VIRs--Vehicle Inspection Reports; VRFs--Vehicle Repair 
Forms.
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    The submittal contains revisions to Section114.53 (a), (a)(1)-(3), 
(b)-(d), and (d)(1)-(3) that would exempt emission inspection stations 
from being required to remit the state's portion of the vehicle 
emissions inspection fees to the DPS effective March 1, 2015. The 
revisions also would lower the maximum inspection fee collected by the 
emissions inspection stations in the DFW, HGB, El Paso and Austin I/M 
program areas. Effective March 1, 2015, the maximum inspection fee 
would be lowered by the amount of the state's portion of the vehicle 
emissions inspection fee that would be collected by the DMV or county 
tax assessor-collector at the time of registration. Specifically, 
revisions to Section 114.53--Inspection and Maintenance Fees clarify 
the fees that must be paid, and timing for an emissions inspection of a 
vehicle at an inspection station. For example, Section 114.53(a)(2) 
clarifies the timing of when an emission inspection station required to 
conduct an emission test may collect fees and the amount. Beginning on 
the single sticker transition date in the DFW and extended DFW program 
areas, any emissions inspection station required to conduct an 
emissions test in accordance with Section 114.50(a)(1)(A) or (B) and 
(2)(A) or (B) of this title must collect a fee not to exceed $24.50 for 
each ASM-2 test and $18.50 for each OBD test. Section 114.53 also 
further defines the timing and fees for each program area in Texas 
(i.e., El Paso County and the HGB areas) subject to emissions 
inspection. New Section 114.53(d)(1)-(3) defines the process, beginning 
on the single-sticker transition date, for vehicle owners to remit the 
vehicle emissions inspection fee as part of the annual vehicle 
registration fee collected by the Texas DMV. These changes to the rule 
add clarity and further refine the single-sticker program requirements. 
The revisions are approvable and consistent with federal law.
    Revisions to Section 114.82--Control Requirements include 
renumbering and the addition of the following text in Section 
114.82(a)(2): ``Beginning on the single sticker transition date, all 
applicable air pollution emission control-related requirements included 
in the annual vehicle safety inspection requirements administered by 
DPS as evidenced by a current valid registration insignia sticker 
affixed to the vehicle windshield or a current valid VIR [vehicle 
inspection report], or other form of proof authorized by the DPS.'' 
Also, Section 114.84--Prohibitions includes revisions prohibiting the 
circumvention of the vehicle emissions I/M requirements and procedures 
contained in the Austin Area Early Action Compact Ozone SIP. These 
revisions strengthen the rule, are consistent with the Texas SIP, and 
are approvable.

[[Page 69682]]

    Section 114.87--Inspection and Maintenance Fees, Subsection (a), is 
revised to include text that states: ``In Travis and Williamson 
counties beginning on the single sticker transition date, any emissions 
inspection station required to conduct an emissions test in accordance 
with Section 114.80 of this title must collect a fee not to exceed 
$11.50 for each on-board diagnostic and two-speed idle test.'' Section 
114.87(d) is revised as follows: ``Effective on the single sticker 
transition date as defined in Section 114.1 of this title in Travis and 
Williamson counties, vehicle owners shall remit $4.50 for motor 
vehicles subject to vehicle emissions inspections to the Texas 
Department of Motor Vehicles or county tax assessor-collector at the 
time of the annual vehicle registration as part of the vehicle emission 
inspection fee.'' These revisions define the fees applicable in the 
Austin Area Early Action Compact area under the single-sticker program, 
are consistent with the Texas SIP, and are approvable.

B. The June 11, 2015 Submittal

    The June 11, 2015 SIP narrative discusses how the LIRAP meets the 
above requirements, and we agree with the State's analysis. Further 
explanation of our analysis of the adequacy of this submission with 
respect to I/M requirements can be found in the TSD for this action. 
The TCEQ had already finalized the revisions in the June 9, 2015 SIP 
submittal to EPA described in Section III.A of this document, prior to 
finalizing the revisions in the June 11, 2015 SIP submittal to EPA. 
Thus, the revisions in the June 11, 2015 submittal to EPA already 
included the changes that we described in Section III.A, and use that 
language as a starting point.
    On June 11, 2015, the State adopted revisions to 30 TAC Chapter 
114, Control of Air Pollution from Motor Vehicles, Subchapter A, 
Definitions, Section 114.2; Subchapter C, Division 1: Vehicle 
Inspection and Maintenance, Section 114.53; and Subchapter C, Division 
3: Early Action Compact Counties, Sections 114.87, and corresponding 
revisions to the SIP. The SIP revisions contain a revised narrative, 
rules, and supporting documentation as outlined in the requirements of 
the Federal I/M rules.\11\
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    \11\ The TCEQ published the notice of the proposed revisions to 
the SIP for the June 11, 2015 submittal on December 5, 2014 (39 Tex. 
Reg. 9468) and published the final revision on May 15, 2015 (40 Tex. 
Reg. 2670), finalizing the proposal without revision. In that 
rulemaking, Texas adopted amendments to other sections that are not 
submitted as revisions to the SIP.
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    Section 114.2 identifies and defines the terms used in Subchapter A 
for the I/M program. In Section 114.2, LIRAP, the acronym for the Low 
Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle 
Retirement Program, is replaced with the full program title to be 
consistent with the title of the referenced subchapter and Texas 
Register requirements. In Section 114.2 (12) ``Related'' is changed to 
``Relating.'' The revisions to Section 114.2 are ministerial, and/or 
add clarification and are approvable.
    Section 114.53 details Inspection and Maintenance Fees in 
nonattainment areas. In Section 114.53(d) ``as specified by the 
following requirements:'' is deleted and a period is added after 
``state''; and in Section 114.53(d)(1) ``the following requirements 
apply'' is added after ``El Paso County,'' and the rest of the 
paragraph is deleted. These changes are ministerial, add clarification, 
are necessary for the additions to Section 114.53 described below, and 
are therefore approvable.
    The submittal contains additional substantive changes to Section 
114.53, Inspection and Maintenance Fees, that are later mirrored in 
Section 114.87. Section 114.53(d)(1), (2), and (3) are amended to more 
fully describe the LIRAP fee as it relates to the vehicle I/M programs 
in El Paso County and the DFW and HGB area counties. Subparagraphs are 
added to these subsections to explain remittance of I/M fees, including 
the LIRAP fee, for the following categories of counties: A county 
participating in the LIRAP, a participating county that is in the 
process of opting out of the LIRAP, and a county that is not 
participating in the LIRAP and is not subject to the LIRAP fee.
    The submittal deletes language from Section 114.53(d)(1) regarding 
the I/M fees for El Paso County in the event that it passed a 
resolution to participate in the LIRAP, and replaced it with ``(1) In 
El Paso County, the following requirements apply.'', and added new 
Sections 114.53(d)(1)(A), (B), and (C) which detail the I/M fees for El 
Paso County for the three LIRAP county categories outlined above.
    The submittal deletes language from Section 114.53(d)(2) regarding 
the I/M fees for DFW and the extended DFW program areas and replaced it 
with ``(2) In the Dallas-Fort Worth and the extended Dallas-Fort Worth 
program areas, the following requirements apply.'' and added new 
Sections 114.53(d)(2)(A), (B), and (C) which detail the I/M fees for 
the DFW and the extended DFW program areas for the three county 
categories outlined above.
    The submittal deletes language from Section 114.53(d)(3) regarding 
the I/M fees for the HGB program area and replaced it with ``(2) In the 
Houston-Galveston-Brazoria program area, the following requirements 
apply.'' and added new sections 114.53(d)(3)(A), (B), and (C) which 
detail the I/M fees for HGB program area for the three county 
categories outlined above.
    Section 114.87 details I/M fees in Early Action Compact (EAC) 
areas. The submittal amends Section 114.87 to apply the same changes 
for nonattainment counties adopted in Section 114.53 to early action 
compact counties. Section 114.87(d)(1)(2) and (3) explains remittance 
of I/M fees, including the LIRAP fee, in a county participating in the 
LIRAP, a participating county that is in the process of opting out of 
the LIRAP, and a county that is not participating in the LIRAP and not 
subject to the LIRAP fee.
    Section 114.87(d)(1) includes the description of state LIRAP fees 
vehicle owners pay during vehicle registration in participating EAC 
counties. Section 114.87(d)(2) describes the state fees vehicle owners 
pay during vehicle registration in participating EAC counties that are 
in the process of opting out of the LIRAP, and includes the LIRAP fee 
until the effective LIRAP fee termination date, after which state fees 
do not include the LIRAP fee. Section 114.87(d)(3) describes the state 
fees vehicle owners pay during vehicle registration in non-
participating EAC counties, which does not include the LIRAP fee.
    As stated previously, the LIRAP is not required by the CAA, but 
certain provisions relating to the program and program fees have been 
approved into the Texas SIP to allow for full implementation of the 
State's I/M program and strengthen the SIP. The changes in the 
submittal to Sections 114.53 and 114.87 provide further delineation and 
clarification regarding which parts of the fees are for LIRAP. We find 
the more detailed breakdown of the LIRAP fees in counties 
participating, in the process of opting out, and not participating in 
the LIRAP, approvable because they do not conflict with any federal 
requirement, and the LIRAP is voluntary.

C. Section 110(l)

    Section 110(l) of the Act provides that a SIP revision must be 
adopted by a State after reasonable notice and public hearing. 
Additionally, section 110(l) states that the EPA cannot approve a SIP 
revision if that revision would interfere with any applicable 
requirement regarding attainment, reasonable further

[[Page 69683]]

progress (RFP) or any other applicable requirement established in the 
CAA. Our evaluation of the submittals found that the SIP revisions were 
adopted by the State after reasonable notice and public hearing, and 
that approval of the revisions would not interfere with any CAA 
requirement. The revisions related to the single vehicle registration 
insignia sticker implement legislative changes that may improve the 
enforcement and compliance aspects of the vehicle emissions inspection 
and maintenance program. These changes replace the sticker-based 
enforcement strategy with the preferred registration denial enforcement 
strategy, which improves the overall effectiveness of the program. This 
denial enforcement strategy has been in effect for more than one year 
now. These revisions do not interfere with applicable requirements 
concerning attainment and reasonable further progress or any other 
applicable requirement in the CAA.
    The revisions that create the new opt-out process for the LIRAP do 
not interfere with any applicable requirement in the CAA, because the 
LIRAP is not relied upon to meet any required component of the current 
SIP. Those counties that continue to participate in the LIRAP 
contribute to air quality improvements with the related LIRAP emission 
reductions. Even though fewer counties may be participating in the 
LIRAP due to the opt-out process, the revisions do enhance the current 
SIP by providing for additional rule clarification.

IV. Final Action

    Pursuant to Sections 110 and 182 of the Act, EPA is approving, 
through a direct final action, revisions to the Texas SIP that were 
submitted on June 9, 2015 and June 11, 2015. We are approving revisions 
to the following sections within Chapter 114 of 30 TAC: 114.1, 114.2, 
114.50, 114.53, 114.82-84, and 114.87. We evaluated the state's 
submittals and determined that they meet the applicable requirements of 
the CAA. Also, in accordance with CAA section 110(l), the revisions 
will not interfere with attainment of the NAAQS, reasonable further 
progress, or any other applicable requirement of the CAA.
    EPA is publishing this rule without prior proposal because we view 
these as non-controversial amendments and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on December 6, 2016 
without further notice unless we receive relevant adverse comments by 
November 7, 2016. If we receive relevant adverse comments, we will 
publish a timely withdrawal of this direct final rulemaking in the 
Federal Register informing the public that the direct final rule will 
not take effect. We will address all public comments in a subsequent 
final rule based on the proposed rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so now. Please note that if we receive adverse comments on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, we may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

V. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the Texas regulations as described in the Final Action 
section above. We have made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the EPA Region 6 office.

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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 
rule does not have tribal implications as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000).
    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 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. 
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 December 6, 2016. 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

[[Page 69684]]

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)).
    Samuel Coleman was designated the Acting Regional Administrator on 
September 30, 2016, through the order of succession outlined in 
Regional Order R6-1110.1, a copy of which is included in the docket for 
this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxides, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur Dioxide, Volatile organic compounds.

    Dated: September 30, 2016.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. In Sec.  52.2270:
0
a. In paragraph (c), the table entitled ``EPA Approved Regulations in 
the Texas SIP'' is amended by revising entries for Sections 114.1, 
114.2, 114.50, 114.53, 114.82, 114.83, 114.84, and 114.87.
0
b. In paragraph (e), the second table entitled ``EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas 
SIP'' is amended by revising the entry for ``Vehicle Inspection and 
Maintenance'' and adding an entry at the end of the table for the 
``Austin Early Action Compact area Vehicle Inspection and 
Maintenance.''
    The revisions read as follows:


Sec.  52.2270   Identification of plan.

* * * * *
    (c) * * *

                                                        EPA Approved Regulations in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           State approval/
          State citation                Title/subject         submittal               EPA approval date                         Explanation
                                                                date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Subchapter A--Definitions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 114.1.....................  Definitions..........       2/12/2014  10/7/2016, [Insert Federal Register
                                                                            citation]
Section 114.2.....................  Inspection and              4/29/2015  10/7/2016, [Insert Federal Register
                                     Maintenance                            citation]
                                     Definitions.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Subchapter C--Vehicle Inspection and Maintenance; Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program; and Early
                                                                 Action Compact Counties
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Division 1: Vehicle Inspection and Maintenance
--------------------------------------------------------------------------------------------------------------------------------------------------------
114.50............................  Vehicle Emissions           2/12/2014  10/7/2016, [Insert Federal Register
                                     Inspection                             citation]
                                     Requirements.
 
                                                                      * * * * * * *
114.53............................  Inspection and              4/29/2015  10/7/2016, [Insert Federal Register
                                     Maintenance Fees.                      citation]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Division 3: Early Action Compact Counties
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
114.82............................  Control Requirements.       2/12/2014  10/7/2016, [Insert Federal Register
                                                                            citation]
114.83............................  Waivers and                 2/12/2014  10/7/2016, [Insert Federal Register
                                     Extensions.                            citation]
114.84............................  Prohibitions.........       2/12/2014  10/7/2016, [Insert Federal Register
                                                                            citation]
 
                                                                      * * * * * * *
114.87............................  Inspection and              4/29/2015  10/7/2016, [Insert Federal Register
                                     Maintenance Fees.                      citation]
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

[[Page 69685]]



                                  EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Applicable geographic       State
       Name of SIP provision          or non-attainment      submittal/               EPA approval date                           Comments
                                             area          effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Vehicle Inspection and Maintenance  Dallas-Fort Worth, El       6/11/2015  10/7/2016, [Insert Federal Register
                                     Paso County and                        citation]
                                     Houston-Galveston-
                                     Brazoria.
 
                                                                      * * * * * * *
Austin Early Action Compact area    Travis and Williamson       6/11/2015  10/7/2016, [Insert Federal Register
 Vehicle Inspection and              Counties.                              citation]
 Maintenance.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-24205 Filed 10-6-16; 8:45 am]
BILLING CODE 6560-50-P

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