Approval and Promulgation of Air Quality Implementation Plans; Texas; Control of Air Pollution From Motor Vehicles, Vehicle Inspection and Maintenance and Locally Enforced Motor Vehicle Idling Limitations |
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Ron Curry
Environmental Protection Agency
July 25, 2014
[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Rules and Regulations]
[Pages 43264-43266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17478]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2010-0890; FRL- 9914-31-Region-6]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Control of Air Pollution From Motor Vehicles, Vehicle Inspection
and Maintenance and Locally Enforced Motor Vehicle Idling Limitations
AGENCY: Environmental Protection Agency (EPA).
ACTION: 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 Texas Administrative Code (TAC) were submitted in 2002, 2005,
2006, 2008, 2010, 2011 and 2012. These revisions are related to the
implementation of the state's motor vehicle emissions Inspection and
Maintenance (I/M) program and the Locally Enforced Motor Vehicle Idling
Limitations. The EPA is approving these revisions pursuant to the Clean
Air Act (CAA).
DATES: This final rule is effective on August 25, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2010-0890. 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).
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, ``we,'' ``us,''
and ``our'' means EPA.
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
The background for today's action is discussed in detail in our
April 15, 2014 proposal (79 FR 21179) and the accompanying Technical
Support Document. In that notice we proposed to approve submittals that
revise the Texas State Implementation Plan (SIP) related to the
implementation of the state's motor vehicle emissions Inspection and
Maintenance (I/M) program and the Locally Enforced Motor Vehicle Idling
Limitations. We received no comments on our proposed approval.
Therefore, we are finalizing our approval as proposed, with the
exception of the clerical errors noted below. Specifically, we are
approving submittals dated August 16, 2002, December 30, 2002, November
14, 2005, May 15, 2006, February 28, 2008, December 22, 2010, August
30, 2011 and August 31, 2012. These submittals include revised
narratives, rules, and supporting documentation. We are approving these
revisions to Title 30 of the Texas Administrative Code (30 TAC). The
revisions address testing requirements, updating equipment analyzer
specifications, repealing duplicative I/M waiver rules, withdrawing OBD
as a contingency measure, repealing an early participation incentive
program, revising vehicles idling waivers and numerous other
administrative, non-substantive rule changes that add clarity and
improve readability of the rules. EPA is approving these revisions
pursuant to sections 110 and 182 of the CAA.
The Proposed Action section of our April 15, 2014 proposal
contained clerical errors. Specifically, that section inadvertently
lists revisions to Chapter 114 of 30 TAC 114.211, 144.212, 144.213,
114.214, 114.215, 144.216, 144.217 and 114.219. See 79 FR at 21186.
However, those sections are not in the SIP; and we are not acting on
any submittal of those sections at this time. Additionally, we
incorrectly listed Chapter 114.1 and 114.4 in the Proposed Action
section of the April 15, 2014 proposal, but we are not taking any
action on revisions to Section 114.1 or
[[Page 43265]]
114.4 at this time. This action finalizes approval of revisions to only
30 TAC Sec. Sec. 114.2, 114.50, 114.51, 114.52, 114.53, 114.512, and
114.517.
II. Final Action
The EPA is approving revisions to regulations, and updates to the
I/M portion of the mobile source strategies that control emissions from
motor vehicles in Texas. We are approving revisions to the following
sections within Chapter 114 of 30 TAC: 114.2, 114.50, 114.51, 114.52
(repealed), 114.53, 114.512, and 114.517. We are also approving
revisions to 37 TAC 23.93. We are approving the following SIP
revisions, including narratives, that revise the I/M and vehicle idling
programs: August, 16, 2002, December 30, 2002, November 14, 2005, May
15, 2006, February 28, 2008, December 22, 2010, August 30, 2011 and
August 31, 2012. We are approving these SIP revisions except for the
revisions to 114.50(b)(2) as explained in the discussion of the
November 14, 2005 submittal in the proposal. The EPA is approving these
revisions in accordance with sections 110 and 182 of the Act and EPA's
regulations and consistent with EPA guidance.
III. 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 CAA. Accordingly,
this action approves state law as meeting federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 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 September 23, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purpose 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 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:
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a. In paragraph (c), the table entitled ``EPA Approved Regulations in
the Texas SIP'' is amended by revising entries for Sections 114.2,
114.50, 114.51, 114.53, 114.512, 114.517, removing the entry for
Section 114.52, and adding a new centered heading and entry for Texas
Department of Public Safety--37 TAC Chapter 23--Vehicle Inspection, and
Section 23.93 immediately after the entry for Section 17.80.
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b. In paragraph (e), the second table entitled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP'' is amended by adding a new entry to the end of the table for
Vehicle Inspection and Maintenance.
The revisions and additions read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
[[Page 43266]]
EPA-Approved Regulations in the Texas SIP
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State
approval/
State citation Title/Subject submittal EPA approval date Explanation
date
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* * * * * * *
114.2............................ Inspection and 11/18/2010 7/25/2014 [Insert FR ....................
Maintenance page number where
Definitions. document begins].
* * * * * * *
Section 114.50................... Vehicle Emission 10/26/2005 7/25/2014 [Insert FR ....................
Inspection page number where
Requirements. document begins].
114.51........................... Equipment Evaluation 11/18/2010 7/25/2014 [Insert FR ....................
Procedures for page number where
Vehicle Gas document begins].
Analyzers.
114.53........................... Inspection and 10/26/2005 7/25/2014 [Insert FR ....................
Maintenance Fees. page number where
document begins].
* * * * * * *
Section 114.512.................. Control Requirements 7/20/2011 7/25/2014 [Insert FR ....................
for Motor Vehicle page number where
Idling. document begins].
Section 114.517.................. Exemptions.......... 8/08/2012 7/25/2014 [Insert FR ....................
page number where
document begins].
* * * * * * *
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Texas Department of Public Safety--37 TAC Chapter 23--Vehicle Inspection
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Section 23.93.................... Vehicle Emissions 10/26/2005 7/25/2014 [Insert FR ....................
Inspection page number where
Requirements. document begins].
* * * * * * *
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(e) * * *
EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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Applicable
Name of SIP provision geographic or non- State submittal/ EPA approval date Comments
attainment area effective date
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* * * * * * *
Vehicle Inspection and Dallas-Fort Worth, 12/22/2010 7/25/2014 [Insert ..................
Maintenance. El Paso County and FR page number
Houston-Galveston- where document
Brazoria. begins].
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[FR Doc. 2014-17478 Filed 7-24-14; 8:45 am]
BILLING CODE 6560-50-P