Approval and Promulgation of Air Quality Implementation Plans; Texas; Approval of Texas Motor Vehicle Rule Revisions |
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Ron Curry
Environmental Protection Agency
January 31, 2014
[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Rules and Regulations]
[Pages 5287-5291]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01903]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2006-0885; FRL--9906-03-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Approval of Texas Motor Vehicle Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is granting direct
final approval of revisions submitted by the State of Texas that affect
the Texas State Implementation Plan (SIP) concerning Texas' motor
vehicle air pollution rules. Based upon the State's submitted Texas
clean fuel fleet (TCFF) program equivalency demonstration that the new
Tier 2 and 2007 heavy-duty diesel vehicles and engines meet or exceed
the LEV requirement, we are approving the removal of the TCFF program's
repealed low emission vehicle (LEV) rules and mobile emission reduction
credit (MERC) rules from the Texas SIP. We also are approving the
removal of the Transportation Control Measures (TCM) substitution
repealed rules from the Texas SIP. We are approving as part of the SIP
a new Texas Clean Fleet (TCF) program, with submitted revisions, to
incentivize replacement of diesel vehicles and engines with
alternatively fueled vehicles and engines, including hybrids.
DATES: This rule is effective on April 1, 2014 without further notice,
unless EPA receives relevant adverse comment by March 3, 2014. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2006-0885, by one of the following methods:
www.regulations.gov. Follow the on-line instructions.
. Email: John Walser at walser.john@epa.gov.
Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-0885. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means that 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 http://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment along with any disk or CD-ROM
submitted. 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 and any form of encryption and should 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: The index to the docket for this action is available
electronically at www.regulations.gov 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).
To inspect the hard copy materials, please schedule an appointment with
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph
below or Mr. Bill Deese at 214-665-7253.
FOR FURTHER INFORMATION CONTACT: Mr. John Walser (6PD-L), Air Planning
Section, telephone (214) 665-7128, email walser.john@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we''
``us'' or ``our'' is used, we mean the EPA.
Outline
I. Background
II. Analysis of the State's Submittals
[[Page 5288]]
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
This action covers four separate submittals by the State of Texas.
These include the State's repeal of its TCFF LEV rules (May 15, 2006);
repeal of the TCFF MERC rules, and TCM substitution rule (July 25,
2007); new Texas Clean Fleet (TCF) rules (March 25, 2010); and
revisions to the new TCF rules (April 13, 2012). These revisions
address Title 30 of the Texas Administrative Code, Chapter 114 (denoted
as 30 TAC 114), which provides for Control of Air Pollution from Motor
Vehicles in Texas.
Repeal of the TCFF Low-Emission Vehicle Rules. Texas adopted LEV
fleet rules to meet, in part, the federal Clean Fuel Fleet program
(CFFP) requirements. The federal CFFP requirement is contained in the
Clean Air Act (CAA), as amended November 15, 1990. The CAA requires
certain States to adopt and submit to EPA SIP revisions containing a
CFFP for nonattainment areas with 1980 populations greater than 250,000
that are classified as serious or worse for ozone, or which have a
design value of at least 16.0 ppm for carbon monoxide (CO). Section
182(c)(4) of the CAA, 42 U.S.C. 7511a(c)(4), allows States to opt-out
of the federal CFFP by submitting, for EPA approval, a SIP revision
consisting of a substitute program resulting in as much or greater long
term emissions reductions in ozone-producing and toxic air emissions as
the federal CFFP. In Texas, four 1-hour ozone nonattainment areas were
classified as serious and above and were required to implement a CFFP:
the Houston/Galveston/Brazoria Severe 1-hour ozone nonattainment area;
the Dallas/Fort Worth Serious 1-hour ozone nonattainment area; the El
Paso Serious 1-hour ozone nonattainment area; and the Beaumont/Port
Arthur Serious area that has been found to meet the 1-hour ozone
standard and redesignated to attainment for the 1997 8-hour ozone
standard \1\.
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\1\ On October 20, 2010 (75 FR 64675), EPA approved as part of
the BPA SIP, a Texas CFFP Program Equivalency Demonstration. This
demonstration showed that relying upon EPA's data, beginning with
the 2006 model year, Tier 2 Light-Duty Vehicles (LDVs), Light-Duty
Trucks (LDTs 1-4), and Medium Duty Passenger Vehicles (MDPVs)
certified to certain Tier 2 bin standards, to be equivalent to or
more stringent than the CFFP program LEV emission standards. In
addition, Texas demonstrated that Tier 2 LDVs, LDTs 1-4, and MDPVs
certified to other Tier 2 bin standards, are equivalent to or more
stringent than the CFFP program LEV emission standards. Texas
performed a similar analysis, showing that standards for 2006 and
later model years for Otto cycle and diesel heavy-duty vehicles
ranging from 8501-14,000 Gross Vehicle Weight Rating are more
stringent than the CFFP program LEV emissions standards for these
vehicles.
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For the Houston, Dallas, and El Paso areas, Texas complied with the
federal CFFP requirement by opting to implement a substitute program.
We approved a substitute program for these three areas as part of the
Texas SIP on February 7, 2001 (66 FR 9203). The SIP's substitute
program covers transit, local government and private fleets. It
requires transit fleets to ensure that at least 50% of their fleet
vehicles are certified to meet or exceed the LEV standards. In
addition, local government and private fleets after September 1, 1998,
have to ensure that certain percentages of their vehicle purchases be
certified by EPA as LEVs. To make up the shortfall in emissions, the
SIP relies upon excess emission reductions from state mandated
reductions of VOC from transfer operations at gasoline terminals in
nonattainment areas, and NOX reductions from electric
generating facilities. In this submittal, Texas has submitted its
repeal of the LEV fleet portion of the TCFF program accompanied by an
equivalency demonstration. The remaining substitute program emission
reductions remain in place in state law and in the Texas SIP.
Motor Vehicle Emission Reduction Credit Rules, and Transportation
Control Measures Substitution Rules. The July 25, 2007 submittal
contains revisions to 30 TAC 114: Control of Air Pollution from Motor
Vehicles in three specific areas: Repeal of the TCM substitution
program; repeal of the MERC program portion of the TCFF program and
associated fund and definitions; and repeal of the Light-duty Motor
Vehicle Purchase or Lease Incentive Program Vehicle Emissions
Information Brochure requirement for manufacturers rule (Sec.
114.618). The State of Texas accidentally submitted this brochure
repeal since this particular Program is not part of the SIP;
consequently, we are returning it to the State.\2\
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\2\ The State has confirmed that it never submitted the original
Light-duty Motor Vehicle Purchase or Lease Incentive Program for
approval into the SIP. This Program was never relied upon for any
SIP credits or to meet any CAA requirement. Because this Program is
not part of the SIP and has never been relied upon, the submitted
repeal of a brochure requirement for this Program clearly was an
inadvertent error by the State.
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Repeal of the TCM substitution program. Regulations to implement
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU) (January 24, 2008, 73 FR 4420) added a
provision to the CAA to allow states to substitute or add TCMs into
approved SIPs without the standard SIP revision process. Thus, states
are no longer required to include a TCM substitution mechanism in their
SIPs. The submitted revision includes the repeal of 30 TAC 114.270(f):
The TCM substitution program.
Repeal of the TCFF MERC program. The TCFF MERC program was approved
into the SIP as an element of the TCFF program on February 7, 2001 (66
FR 9203). The TCFF MERC program is unrelated and separate from the
Mobile Emission Reduction Credit Generation and Certification program
found in 30 TAC 101.304 which regulates MERCs that are generated under
the state's banking and trading program.
In 2005, the Texas Legislature enacted Senate Bill (SB) 1032, which
repealed the TCFF program but for the VOC rules governing transfer
operations at gasoline terminals and the NOX rules governing
electric generating facilities. With the repeal of the TCFF program,
the TCFF MERC program, the TCFF MERC fund, and associated definitions
are no longer relevant. These repealed rules are found in the SIP rules
at Chapter 114, Subchapter A--Definitions, and Subchapter F--Vehicle
Retirement and Mobile Emission Reduction Credits; Division 1: Mobile
Emission Reduction Credits.
New Texas Clean Fleet (TCF) Rules and Revisions. On March 25, 2010,
the TCEQ submitted revisions to 30 TAC 114: Control of Air Pollution
from Motor Vehicles, establishing a new, voluntary state grant program
called the Texas Clean Fleet (TCF) Program. The revisions implement SB
1759, adopted by the 81st Legislature (2009, Regular Session) which
created the TCF program. This program is designed to encourage eligible
entities to replace on-road diesel-powered vehicles with vehicles
powered by fuels other than gasoline or diesel. The TCF Program
provides incentives to owners of large fleets in Texas to replace on-
road diesel-powered vehicles with alternative fuel vehicles including
hybrids. The TCF is a program under the umbrella of the Texas Emission
Reduction Plan (TERP), which provides financial incentives to eligible
individuals, businesses or local governments to reduce emissions from
polluting vehicles and equipment.
The April 13, 2012 submittal makes revisions to the TCF program,
including, but not limited to, the eligibility criteria and disposition
of the replaced vehicles.
II. Analysis of the State's Submittals
For a detailed analysis of these submittals, see the Technical
Support Document that accompanies this action.
[[Page 5289]]
The TSD may be accessed online at http://www.regulations.gov, Docket
No. EPA-R06-OAR-2006-0885.
The LEV rules portion of the TCFF program was repealed by the state
and in the submittal requesting removal of these LEV rules from the
SIP, the State demonstrates federal emission standards now are more
stringent than the emission standards for low emission vehicles (LEV)
established under the TCFF program. We can approve the removal of the
TCFF program's associated repealed LEV rules from the Texas SIP because
the submitted equivalency demonstration shows the new Tier 2 and 2007
heavy-duty diesel vehicles and engines meet or exceed the LEV
requirement. See the TSD for further technical information about the
equivalency demonstration. In addition, the State continues to meet the
CAA requirement for a CFF program by retaining the emission reductions
from stationary sources for NOX and VOCs from the substitute
program that more than cover all emission requirements for the entire
TCFF program. The TCFF repealed MERC program, its MERC fund, and
associated definitions, which also are in the SIP, are intertwined with
the SIP's TCFF Program. The part D SIPs for the Texas ozone
nonattainment areas did not rely upon any emissions reductions credits
from the TCFF program and its associated MERC program in the attainment
demonstrations or to meet reasonable further progress. We are approving
the removal of the TCFF Program's repealed LEV rules and the TCFF
Program's associated repealed rules for the MERC program, fund, and
definitions from the Texas SIP. The repealed rules that are removed
from the SIP are 30 TAC 114.4, and 30 TAC 114.201 and 114.202.
The EPA revised the transportation conformity rule (40 CFR parts 51
and 93) on January 24, 2008, to address the transportation conformity-
related CAA amendments made by SAFETEA-LU (73 FR 4420). In addition to
amendments to the transportation conformity provisions, the SAFETEA-LU
added a provision to the CAA that allows states to substitute or add
TCMs into approved SIPs without the standard SIP revision process; see
section 176(c)(8) of the Act and 40 CFR 93.101. Under this Clean Air
Act provision, states are no longer required to include a TCM
substitution mechanism in their SIPs in order to expedite the process
for making TCM substitutions. The provision also provides a streamlined
process for adding TCMs to an approved SIP. EPA determined that it was
not necessary to promulgate regulations in order to successfully
implement the TCM substitution and additional statutory provision (73
FR 4420, 4432). See EPA's Guidance for Implementing the Clean Air Act
Section 176(c)(8) Transportation Control Measure Substitution and
Addition Provision.\3\ We agree with the state that the change to the
CAA requirements made by the SAFETEA-LU in 2008 renders a state TCM
substitution program unnecessary. Therefore, we are approving the
removal of the Texas repealed TCM substitution Program and its
associated repealed rules from the Texas SIP. Texas now will rely
solely on the federal statute for future actions. The repealed rule
that is removed from the SIP is 30 TAC 114.270(f).
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\3\ The guidance is posted at http://www.epa.gov/oms/stateresources/transconf/policy/420b09002.pdf. The document ID
number is EPA-420-B-09-002, January 2009.
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Because the submitted TCF program is a voluntary financial
incentive program encouraging the replacement of large fleets of on-
road diesel power engines with vehicles using fuels other than gasoline
or diesel, to evaluate it, we used the EPA Guidance: Improving Air
Quality with Economic Incentive Programs (EIP). An EIP achieves an air
quality objective by providing market-based incentives or information
to emission sources. Three fundamental principles apply to all
approvable economic incentive programs: integrity, equity, and
environmental benefit. Our analysis showed that the provisions of this
new, voluntary incentive program, and the subsequent revisions, meet
the three fundamental principles for an acceptable incentive program,
and provide a framework for achieving emission reductions. See the TSD
for the further analysis. If TCEQ includes emission reductions from
this program in future attainment or RFP SIPs, EPA will evaluate the
amount of reductions it achieves at that time. We are approving the TCF
Program and its associated revisions as part of the Texas SIP. The
rules being approved into the SIP are 30 TAC 114.650-114.658.
III. Final Action
Pursuant to section 110 of the Act, EPA is approving four revisions
to the Texas SIP that were submitted on May 15, 2006; July 25, 2007
(but omitting revision to Sec. 114.618 which was submitted
accidentally and is being returned to the state); March 25, 2010; and
April 13, 2012. We evaluated the State's submittals and determined that
they meet the applicable requirements of the Clean Air Act (CAA)
section 110 and applicable EPA guidance. Approval of these submittals
will not result in any increase in ozone concentrations. In accordance
with CAA section 110(l), these revisions will not interfere with
attainment of the National Ambient Air Quality Standards (NAAQS),
reasonable further progress, or any other applicable requirement of the
CAA. EPA is approving the removal of the TCFF program's LEV and MERC
rules from the Texas SIP. EPA also is approving the removal of the TCM
substitution rules from the Texas SIP. Finally, EPA is approving into
the Texas SIP, the new TCF program and revisions.
EPA is publishing this rule without prior proposal because we view
this as a non-controversial amendment 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 April 1, 2014
without further notice unless we receive adverse comment by March 3,
2014. If we receive adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public that the 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
comment 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.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 Clean Air Act.
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
[[Page 5290]]
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 Clean Air Act; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
action and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 1, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: January 15, 2014.
Ron Curry,
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
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2. In Sec. 52.2270, amend the table in paragraph (c) entitled ``EPA
Approved Regulations in the Texas SIP'' is amended under Chapter 114
(Reg 4)--Control of Air Pollution from Motor Vehicles by:
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a. Revising the entry for Section 114.1;
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b. Removing the entry for Section 114.3;
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c. Removing the centered heading ``Subchapter E--Low Emission Vehicle
Fleet Requirements'' and removing the entries for Sections 114.150,
114.151, and 114.153 thru 114.157;
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d. Removing the centered heading ``Subchapter F--Vehicle Retirement and
Mobile Emission Reduction Credits'' and removing the centered heading
``Division 1: Mobile Emission Reduction Credits'' and removing the
entries for Sections 114.201 and 114.202;
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e. Immediately following the entry for Section 114.260, add a new entry
for Section 114.270; and
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f. Immediately following the entry for 114.648, add a centered heading
for ``Division 5: Texas Clean Fleet Program'' followed by entries for
Sections 114.650 to 114.658.
The revisions and additions read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
Epa Approved Regulations in the Texas SIP
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State approval/
State citation Title/subject submittal date EPA approval date Explanation
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Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
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Subchapter A--Definitions
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Section 114.1.................... Definitions........ 6/27/2007 1/31/2014 [Insert
FR page number
where document
begins].
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[[Page 5291]]
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Subchapter G--Transportation Planning
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* * * * * * *
Section 114.270.................. Transportation 6/27/2007 1/31/2014 [Insert
Control Measures. FR page number
where document
begins].
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* * * * * * *
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Subchapter K--Mobile Sources Incentive Programs
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* * * * * * *
Division 5: Texas Clean Fleet Program
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Section 114.650.................. Definitions........ 3/28/2012 1/31/2014 [Insert
FR page number
where document
begins].
Section 114.651.................. Applicability...... 3/28/2012 1/31/2014 [Insert
FR page number
where document
begins].
Section 114.652.................. Qualifying Vehicles 3/28/2012 1/31/2014 [Insert
FR page number
where document
begins].
Section 114.653.................. Grant Eligibility.. 3/28/2012 1/31/2014 [Insert
FR page number
where document
begins].
Section 114.654.................. Usage and 3/28/2012 1/31/2014 [Insert
Disposition. FR page number
where document
begins].
Section 114.655.................. Grant Restrictions. 2/24/2010 1/31/2014 [Insert
FR page number
where document
begins].
Section 114.656.................. Eligible Grant 2/24/2010 1/31/2014 [Insert
Amounts. FR page number
where document
begins].
Section 114.657.................. Reporting 2/24/2010 1/31/2014 [Insert
Requirements. FR page number
where document
begins].
Section 114.658.................. Implementation 2/24/2010 1/31/2014 [Insert
Schedule. FR page number
where document
begins].
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[FR Doc. 2014-01903 Filed 1-30-14; 8:45 am]
BILLING CODE 6560-50-P