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
April 15, 2014
[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Proposed Rules]
[Pages 21179-21187]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08342]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2010-0890; FRL-9909-39-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: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve 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 proposing to
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approve these revisions pursuant to the Clean Air Act (CAA).
DATES: Comments must be received on or before May 15, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2010-0890, by one of the following methods:
www.regulations.gov. Follow the on-line instructions.
Email: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please
also send a copy by email to the person listed in the FOR FURTHER
INFORMATION CONTACTsection below.
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-
2010-0890. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at www.epa.gov/epahome/dockets.htm.
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). 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, fax (214) 665-6762, email:
walser.john@epa.gov.
The State submittal is also available for public inspection during
official business hours, by appointment at the Texas Commission on
Environmental Quality (TCEQ), Office of Air Quality, 12124 Park 35
Circle, Austin, Texas 78753.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.
Table of Contents
I. Background
A. What is a SIP?
B. What is vehicle inspection and maintenance?
C. What are the Texas Motor Vehicle Idling Limitations?
II. Overview of the State Submittals
A. The August 16, 2002 Submittal
B. The December 30, 2002 Submittal and January 20, 2006 Update
C. The November 14, 2005 Submittal
D. The May 15, 2006 Submittal
E. The February 28, 2008 Submittal
F. The December 22, 2010 Submittal
G. The August 30, 2011 Submittal
H. The August 31, 2012 Submittal
III. EPA's Evaluation of the Submittals
IV. Proposed Action
V. Statutory and Executive Order Reviews
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 emissions inventories,
monitoring networks, and modeling demonstrations. Each state must
submit regulations and control strategies to EPA for approval and
incorporation into the federally-enforceable SIP.
The Texas SIP includes a variety of control strategies, including
the regulations that control air pollution from motor vehicles such as
the Inspection and Maintenance (I/M) program and Locally Enforced Motor
Vehicle Idling Limitations.
B. What is vehicle inspection and maintenance?
The Clean Air Act 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.
The Texas 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 2
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\1\ On November 14, 2001 we approved the Texas Motorist Choice
(TMC) Vehicle I/M program (66 FR 57261). We neglected to update
table (e) in 40 CFR 52.2270 titled ``EPA Approved Nonregulatory
Provisions and Quasi-Regulatory Measures in the Texas SIP'' to
reflect this approval. While we note that this oversight created a
flaw in the codification of the Texas SIP, a technical correction to
the SIP is not needed at this time. Upon our approval of the State's
revisions to the renamed I/M Program, the TMC Vehicle I/M program
will appropriately address the correction in 40 CFR 52.2770(e), and
will remedy the previous flaw.
\2\ Previous actions taken toward full approval of the TMC I/M
program include: A proposed conditional interim approval proposed on
October 3, 1996 (61 FR 51651); an interim final conditional approval
published on July 11, 1997 (62 FR 37138); and a direct final action
on April 23, 1999 (64 FR 19910) to remove the conditions.
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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 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.
Currently, all I/M program vehicles in El Paso County are subject
to the two-
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speed idle tailpipe test if they are model year 1995 or older, or an
OBD test if they are model year 1996 or newer.
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.
C. What are the Texas Motor Vehicle Idling Limitations?
Texas idling rules implement idling limits for gasoline and diesel-
powered engines in heavy-duty motor vehicles within the jurisdiction of
any local government in the State that has signed a Memorandum of
Agreement (MOA) with TCEQ. The Texas Motor Vehicle Idling Limits were
approved by EPA into the SIP on April 11, 2005 (70 FR 18308), and
revisions to the rule were approved by EPA on April 9, 2010 (75 FR
18061). The local government that signs the MOA is delegated the
authority to enforce the rule within its jurisdiction. Participation in
the vehicle idling program is voluntary and thus far, numerous cities
and counties in the Central Texas Area (CTA) and North Central Texas
Area (NCTA) have entered into this agreement.\3\ The vehicle idling
program provides local governments the option of implementing the rules
when additional control measures are needed to achieve or maintain
attainment of the ozone NAAQS.
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\3\ For a current list of areas implementing idling restrictions
in the NCTA, visit http://www.nctcog.org/trans/air/programs/idling/index.asp. For a current list of areas implementing idling
restrictions in the CTA, visit http://www.tceq.state.tx.us/implementation/air/sip/vehicleidling.html.
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II. Overview of the State Submittals
A. The August 16, 2002 Submittal
On August 16, 2002, the TCEQ submitted SIP revisions to EPA that
amended rules related to the implementation of the state's motor
vehicle emissions I/M program. These revisions modified the testing
network design, emission test fees, incentives to inspection stations
for early participation in the I/M program, equipment specifications
and requirements related to vehicle waivers and test on resale.
Additionally, the TCEQ repealed the provisions for waivers and
extensions for inspection requirements because the rules are
duplicative of Department of Public Safety (DPS) waiver rules in 37 TAC
Sec. 23.93. As discussed further in Section III of this proposal,
Texas subsequently submitted the DPS waiver rules for SIP approval.
B. The December 30, 2002 Submittal and January 20, 2006 Update
On December 30, 2002, the State submitted SIP revisions that
further amend the vehicle I/M program and the Accelerated Vehicle
Retirement Program. These revisions include the continuation of two-
speed idle (TSI) testing in the El Paso program area; the removal of
requirements for OBD testing; the addition of a contingency measure
that the El Paso program area will implement OBD testing should the
Commission publish notice in the Texas Register of a determination that
contingency measures are necessary in order to maintain attainment of
the NAAQS; and the deletion of the requirement that all emissions
inspection stations offer both TSI and OBD tests until the contingency
measure is triggered. The State submitted to EPA supplemental technical
clarification information in a letter dated January 20, 2006 and
officially withdrew from EPA's consideration the revisions in the
December 30, 2002 submittal that moved OBD testing to a contingency
measure (please see Docket I.D. EPA-R06-OAR-2011-0890). Prior to the
December 30, 2002 rule revisions and I/M SIP revision, TSI was to
continue and OBD testing was scheduled to commence in El Paso in 2003.
The 2005 SIP revisions (see November 14, 2005 submittal below) require
TSI testing to continue and OBD testing to commence in El Paso in
January 2007. Therefore, the State indicated in the January 2006 letter
that the 2002 revisions that establish OBD as a contingency measure
were no longer necessary. Based on the State's January 20, 2006 letter,
the only remaining provisions that the State did not withdraw were
changes to 114.50(a) and (b) concerning vehicle emission inspection
requirements.
C. The November 14, 2005 Submittal
On November 14, 2005, the State submitted SIP revisions to the
existing vehicle I/M program. These revisions amended the I/M program
for all gasoline-powered motor vehicles two through twenty four years
old that are registered and primarily operated in El Paso County. The
amendments require implementation of OBD testing on all OBD-equipped
1996 and newer model year vehicles, and continue TSI testing of pre-
1996 model year vehicles. The amendments require all emissions test
stations in the El Paso program area to offer both TSI testing and OBD
testing to the public beginning January 1, 2007. Additionally, the
amendments update the vehicle emissions testing equipment
specifications used in all Texas I/M program areas to include a United
States Environmental Protection Agency OBD communication component,
known as a controller area network (CAN).
D. The May 15, 2006 Submittal
On April 26, 2006, the State adopted and on May 15, 2006, submitted
to EPA for approval into the SIP revisions to 30 TAC Chapter 114,
Control of Air Pollution from Motor Vehicles; Subchapter J, Operational
Controls for Motor Vehicles; Division 2, Locally Enforced Motor Vehicle
Idling Limitations. On April 9, 2010, EPA approved these revisions to
the motor vehicle idling limits into the SIP, with the exception of one
revision to section 114.512 and one revision to section 115.517 (75 FR
18061). The revision to section 114.512 added a provision that expired
on September 1, 2007, prohibiting drivers using a vehicle's sleeper
berth from idling in a school zone or within 1,000 feet of public
school during its hours of operation. The revision to section 114.517
added an exemption from the motor vehicle idling limits for a motor
vehicle when idling is necessary to power heating and air conditioning
during a government-mandated rest period. EPA is now taking action on
these remaining revisions from the May 15, 2006 submittal.
E. The February 28, 2008 Submittal
On January 30, 2008, the State adopted and on May 15, 2006,
submitted further revisions to the Locally Enforced Motor Vehicle
Idling Limitations. On April 9, 2010, EPA approved these revisions to
the motor vehicle idling limits into the SIP, with the exception of one
further revision to section 114.512 and section 114.517. The revision
to section 114.512 expanded the prohibition on drivers using a
vehicle's sleeper berth to idle in a school zone or within 1,000 feet
of a public school to also apply in a residential area or within 1,000
feet of a hospital, and also extended the prohibition's expiration date
to September 1, 2009. The revision to section 114.517 narrowed the
exemption for a motor vehicle when idling to power heating or air
conditioning during a government mandated rest period such that the
exemption applies only when the motor vehicle is not within two miles
of a facility offering external heating and air conditioning
connections at a time when those connections are available, and
extended the exemption's expiration date to September 1, 2009. EPA is
now taking action on these
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remaining revisions from the February 28, 2008 submittal.
F. The December 22, 2010 Submittal
On December 22, 2010, the State submitted SIP revisions concerning
the requirements for low-volume vehicle emissions inspection stations
and the vehicle emissions inspection analyzer specifications. The
revisions streamline the process for implementing minor non-
programmatic modifications to the vehicle emissions inspection analyzer
specifications and include various non-substantive changes to apply
appropriate and consistent use of acronyms, section references,
structure, formatting and certain terminology.
G. The August 30, 2011 Submittal
On August 30, 2011, the State submitted SIP revisions concerning
the requirements for Locally Enforced Motor Vehicle Idling Limitations.
The revisions allow enforcement of heavy-duty vehicle idling year
round; removes the expired prohibition for drivers using sleeper berths
to idle in residential areas, school zones, and near hospitals; removes
expiration dates that are no longer applicable, removes the duplicative
exemption for a motor vehicle that has a gross vehicle weight rating of
14,000 pounds or less and replaces it with a new exemption for armored
vehicles; and retains the exemption for a motor vehicle when idling for
heating or air conditioning while a driver is using the vehicles
sleeper berth for a government-mandated rest period, and is not within
two miles of a facility offering external heating or air conditioning.
As noted above, this expired date was removed from the exemption.
H. The August 31, 2012 Submittal
On August 31, 2012, the State submitted SIP revisions that further
amend the requirements for Locally Enforced Motor Vehicle Idling
Limitations. The revisions create a new exemption for motor vehicles
that have a gross vehicle weight rating greater than 14,000 pounds and
are equipped with a 2008 or subsequent model year heavy-duty diesel
engine or liquefied or compressed natural gas engine that has been
certified by the EPA or another state environmental agency to emit no
more than 30 grams of nitrogen oxides emissions per hour when idling.
III. EPA's Evaluation of the Submittals
The revisions proposed to be approved address 30 TAC 114,
Subchapter A (Control of Air Pollution from Motor Vehicles), Subchapter
C (Vehicle Inspection and Maintenance), and Subchapter J, (Operational
Controls for Motor Vehicles). We have prepared a Technical Support
Document (TSD) for this proposal which details our evaluation. Our TSD
may be accessed on-line at http:www.regulations.gov, Docket No. EPA-
R06-OAR-2010-0890.
Our primary consideration for determining the approvability of the
TCEQ's submittals is whether these proposed actions comply with section
110(l) of the Act. Section 110(l) of the Act provides that a SIP
revision must be adopted by a State after reasonable notice and public
hearing. Additionally, CAA Sec. 110(l) states that the EPA cannot
approve a SIP revision if that revision would interfere with any
applicable requirement regarding attainment, reasonable further
progress (RFP) or any requirement established in the CAA. In the case
of the I/M revisions, we must also consider whether these revisions
comply with our inspection and maintenance requirements at 40 CFR part
51, Subpart S and 40 CFR 85.2222 (Federal I/M Rules). 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.
A. The August 16, 2002 Submittal
The State adopted revisions to 30 TAC Chapter 114, Control of Air
Pollution from Motor Vehicles, Subchapter A, Definitions, Section
114.2; and Subchapter C, Vehicle Inspection and Maintenance, Sections
114.50--114.53. The SIP revisions contain a revised narrative, rules,
and supporting documentation as outlined in the requirements of the
Federal I/M rules.
Section 114.2 identifies and defines the terms used in the I/M
program. Sections 114.2(3)-(13) are renumbered to account for the
addition of 114.2(3) which adds a definition for low volume emissions
inspection station. There is no federal definition of the term ``low
volume emissions inspection station.'' We propose to find this term
approvable because it does not conflict with any federal requirement.
Section 114.2(5), previously 114.2(4), is modified to add new text
``all references to OBD should be interpreted to mean the second
generation of this equipment, sometime referred to as OBDII.'' This
text ensures that the most recent technology is available for testing
and consistent with federal requirements.
These revisions are ministerial and or add clarification and we
therefore propose that they are approvable.
Section 114.50 establishes vehicle emissions inspection
requirements. Section 114.50(a)(2)(A), (a)(3)(A), (a)(4)(A), (a)(4)(D),
(a)(4)(F), and (a)(5)(A) are modified to delete the qualifier ``If OBD
data cannot be collected from the vehicle, an EPA-approved tailpipe
emissions test will be used.'' These revisions cover the DFW area, DFW
extended area, and the HGA areas. Throughout Section 114.50, that
statement is deleted because it is rare that OBD data cannot be
collected from vehicles. In those instances, the station will check the
OBD malfunction indicator light (MIL), one of the primary pass/fail
criteria for OBD inspections. This provision is discretionary and its
removal will not have a significant impact on the effectiveness of the
program because TCEQ estimates that less than 1.0% of the testable OBD
fleet will be unable to process data to the OBD analyzer. We propose to
find that this revision is approvable because it will not interfere
with attainment and reasonable further progress or any other applicable
requirement.
Section 114.50(a)(2)(C), 114.50(a)(3)(C) and 114.50(a)(4)(C) add
new text indicating that all emissions inspection stations in affected
program areas shall offer both the ASM-2 test and the OBD test to the
public, except low volume emissions inspection stations. The phrase
``if OBD data cannot be collected from the vehicle, an EPA-approved
tailpipe emissions test will be used'' was essentially moved from
114.50(a)(2)(A), (B), and (C) and included in sections 114.50(a)(2)(C),
3(C) and 4(C) language stating that the inspection stations shall offer
both the ASM-2 test and the OBD test. We propose to find that these
revisions are approvable because the language does not conflict with
any federal requirements. Section 114.50(a)(5)(C) is new text stating
that ``all vehicle emissions inspection stations in the El Paso program
area shall offer both the TSI test and the OBD test to the public.''
\4\ This revision ensures that inspections stations in El Paso are able
to comply with the federal requirement to conduct OBD testing on model
year 1996 and newer light-duty vehicles (40 CFR Part 51, Subpart S and
40 CFR 85.2222). Section 114.50(b)(5) is modified to delete the minimum
expenditure waiver and parts
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availability time extension and adds documentation requirements for
waivers or time extension. Section 114.50(b)(6) is modified to add the
phrase ``or in any county adjacent to a program area'' to the section.
The proposed revision extends the current remote sensing program to
include vehicles commuting into the area from neighboring counties. We
propose to find that this revision is also approvable because it
increases required participation in the program beyond the federal
requirements.
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\4\ This language was repealed in the December 30, 2002
submittal when Texas made OBD testing in the El Paso area a
contingency measure, as discussed in Section III.B of this proposal.
However, this concept was reinstated at 114.50(a)(4)(D) in the
November 14, 2005 submittal when Texas added OBD testing back into
the SIP for 1996 and newer vehicles in the El Paso area starting in
2007, as discussed in Section III.C of this proposal.
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Section 114.50(b)(7) is a new section adding new requirements for
vehicles resold into a program area from areas not in an I/M program
area. The revision adds a test-on-resale component to the I/M program
and requires proof that the vehicle has passed an emissions inspection
within 90 days before transfer in order to be eligible for title
receipt or registration. The provision provides an exception for all
1996 and newer vehicles with less than 50,000 miles. This revision
captures the requirement to test those vehicles that are registered in
a county without the I/M program that may be resold into a program
area. We propose to approve this revision because we believe it should
result in additional emission reductions by ensuring vehicles sold
within the nonattainment areas have passed an emissions test. Other
revisions to Section 114.50 are ministerial in nature and include
renumbering.
Section 114.51 identifies the equipment evaluation procedures for
vehicle exhaust gas analyzers. Section 114.51(a) is modified to update
the vehicle analyzer specification date from November 1, 2000 to June
15, 2001.
Section 114.52, Waivers and Extensions for Inspection Requirement
is repealed because the requirements are duplicative in DPS rules, 37
TAC 23.93, relating to vehicle emission inspection and maintenance
requirements. The state submitted those rules in the November 14, 2005,
submittal discussed further in Section III.C of this proposal. The
state also proposed a new Section 114.52, Early Participation Incentive
Program (EPIP). More detail on each of these revisions is in the
Technical Support Document (TSD), which is provided in the docket for
this rulemaking. Based on the subsequent submittal of the equivalent
rules at 37 TAC 23.93, we propose to find that the repeal of Section
114.52 is approvable.
New Section 114.52 established the Early Participation Incentive
Program, its purpose, eligibility, program acceptance, enrollment and
other program requirements to ensure an adequate number of emissions
inspection stations were open to the public during the early
implementation of the program. The incentive program would be available
to the first 1,000 eligible emissions inspection stations in Dallas,
Tarrant, Denton, Collin, and Harris Counties or adjacent counties. The
program would provide emissions inspection station owners or operators
with a financial assurance if ASM-2 testing were to be terminated
within three years of the program start date on May 1, 2002. These
changes enhanced the program, provided financial assurance and
increased the availability of inspection stations to the public.
Because the I/M program was fully implemented, this section was
repealed by TCEQ in a future adoption (November 18, 2010). Please see
the discussion of the December 22, 2010 submittal in Section III of
this proposal and in Section C6 of the TSD for more detail.
Section 114.53 establishes inspection and maintenance fees. Section
114.53(a)(2) is modified to change the amount of fees collected by the
inspection stations in El Paso County and specifies the amount remitted
to Department of Public Safety (DPS), depending on the county adoption
of a resolution regarding Low Income Repair Assistance Program (LIRAP)
participation. Section 114.53(a)(3) is modified to update the amount of
fees collected by the inspection stations in the Dallas/Ft Worth (DFW)
Program area. Section 114.53(a)(4) is modified to update the amount of
fees collected by the inspection stations in the Houston/Galveston/
Brazoria (HGB) program area.
This submittal was adopted consistent with the public notice SIP
requirements of CAA Sec. 110(l). We propose to find that these
revisions are approvable because they add specificity to the program.
Further, these revisions do not interfere with any applicable
requirement concerning attainment and reasonable further progress, or
any other applicable requirement, are consistent with EPA's rules for
I/M programs at 40 CFR part 51, Subpart S and 40 CFR 85.2222, and do
not result in emissions increases.
B. The December 30, 2002 Submittal and January 20, 2006 Update
On December 4, 2002, the State adopted revisions to 30 TAC Chapter
114, Control of Air Pollution from Motor Vehicles, Subchapter C,
Vehicle Inspection and Maintenance and Low Income Vehicle Repair
Assistance, Retrofit, and Accelerated Vehicle Retirement Program,
Division 1, Vehicle I/M program and Section 114.50. The amendments
include the continuation of TSI testing in the El Paso area, and
instead of requiring OBD testing of 1996 and newer cars to commence,
made OBD testing in the El Paso area a contingency measure to be
implemented if the area violated the ozone standard.
The State later submitted to EPA supplemental technical
clarification information in a letter dated January 20, 2006 and
withdrew from EPA consideration the revisions in the December 30, 2002
submittal that moved OBD testing to a contingency measure (please see
Docket I.D. EPA-R06-OAR-2010-0890). The 2005 SIP revisions (see section
below) require TSI testing to continue on older cars and OBD testing to
commence in El Paso in January 2007 for 1996 and newer cars. Therefore,
the State indicated that the 2002 revisions are no longer necessary.
EPA's evaluation of the December 30, 2002 submittal is limited to
the provisions in that submittal that the State did not withdraw, which
are 114.50(a) and (b) concerning vehicle emissions inspection
requirements. Section 114.50(a) is revised to clarify that program
areas are defined in section Sec. 114.2. Other changes to Section
114.50 are ministerial and or offer clarifying language.
The SIP revision contains a revised narrative, rules, and
supporting documentation as outlined in the requirements of the Federal
I/M Rules. This submittal was adopted consistent with the public notice
SIP requirements of CAA Sec. 110(l). We propose to find that these
revisions are approvable because they either clarify the requirement or
are non-substantive in nature. The revisions in this submittal do not
interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable requirement and
are consistent with EPA's rules for I/M programs at 40 CFR part 51,
Subpart S and 40 CFR 85.2222. Additional details are available in the
TSD for the rulemaking.
C. The November 14, 2005 Submittal
The State adopted revisions to 30 TAC Chapter 114, Sections 114.2,
114.50, 114.51 and 114.53. The amendments revise the existing I/M
program for all covered gasoline-powered motor vehicles in El Paso
County. The revisions require implementation of OBD testing of all OBD-
equipped 1996 and newer model year vehicles, and continue TSI testing
of pre-1996 model year vehicles. Also, the revisions require all
emissions test stations in the El Paso program area to offer both TSI
testing and OBD testing to the public beginning January 1, 2007.
Additionally, the revisions update the vehicle emissions testing
specification
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used in all Texas I/M program areas to include an EPA OBD communication
component, known as controller area network (CAN) and other changes to
improve the enforceability of the program. A detailed discussion of the
changes is contained in the TSD.
It is worth pointing out that in section 114.50(b)(2) there are
several non-substantive editorial changes. However, section
114.50(b)(2) should not be part of the approved SIP because it deals
with federal facilities, so we are not acting on this revision at this
time.\5\
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\5\ Texas revised its regulations to include EPA's Federal
facilities reporting requirements found in 40 CFR 51.356(a)(4). This
particular Federal regulation requires an approvable State I/M
program to have Federal facilities operating vehicles in the I/M
program areas(s) report certification of compliance to the State.
This requirement appears to be different than those for other non-
Federal groups of affected vehicles. EPA did not require the State
to implement or adopt this reporting requirement dealing with
Federal installation within I/M areas at the time of program
approval. The Department of Justice recommended to EPA that this
particular Federal regulation be revised because it appears to grant
States authority to regulate Federal installations in circumstances
where the Federal government has not waived sovereign immunity. It
would not be appropriate to require compliance with this regulation
or to require it for an approvable I/M program, if it is not
constitutionally authorized. EPA intends to address this provision
in the future and will review State I/M SIPs with respect to this
issue whenever EPA finalizes a new rule. At this time, EPA will not
approve or disapprove the specific requirements of 30 TAC
114.50(b)(2), which apply to Federal facilities, as part of the
Texas I/M SIP.
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In addition to the changes to the I/M rules, corresponding changes
to the SIP narrative are included in the SIP submittal. This includes
Attachment A, ``Technical Supplement, Inspection/Maintenance (I/M)
Performance Standards for Low-Enhanced Program Areas (EPA Flexibility
Amendments), October 26, 2005, Rule Project No. 2005-026-114-EN,
Technical Supplement.'' The submittal also includes revisions to
Appendix K ``Specification for Vehicle Gas Analyzer Systems for Use in
the Texas Vehicle Emissions Testing Program''; Appendix G
``Specifications for On-Board Diagnostics II (OBD-II) Analyzer for Use
in the Texas Vehicle Emissions Testing Program''; and Appendix I
``Rules and Regulations for Official Vehicle Inspection Stations and
Certified Inspectors, Texas Department of Public Safety, dated January
1, 2003.'' Appendix I includes the DPS rules for waiver and extensions
for inspection requirements that were repealed from Section 114.52 in
Texas's August 16, 2002 submittal, as previously discussed in Section
III.A of this proposal. The State repealed those requirements because
they are duplicative of those contained in DPS rules 37 TAC Sec.
23.93. In a comment letter dated September 19, 2001, EPA requested that
Texas submit the waiver rules in 37 TAC Sec. 23.93 to replace the
repealed 114.52 in the SIP. In a clarification letter from TCEQ on
January 22, 2014, TCEQ explained that the DPS rules contained in
Appendix I of the November 14 2005, submittal fully replace the waiver
requirements that TCEQ repealed from 114.52 in the August 16, 2002
submittal (please see Docket I.D. EPA-R06-OAR-2011-0890). Texas's
submittal of the DPS rules in Appendix I on the November 14, 2005,
meets the requirement for a SIP submittal. These appendices are
included in this rulemaking for proposed approval.
The SIP revision contains a revised narrative, rules, and
supporting documentation as outlined in the requirements of the Federal
I/M Rules. This submittal primarily replaces the two speed idle test
with the OBD testing for 1996 and newer vehicles in the El Paso area
starting in 2007. OBD testing is more effective for newer vehicles.
This submittal was adopted consistent with the public notice SIP
requirements of CAA Sec. 110(l). We propose to find that these
revisions are approvable because they either make the program more
effective or are non-substantive in nature. Further, these revisions do
not interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable requirement and
are consistent with EPA's rules for I/M programs at 40 CFR part 51,
Subpart S and 40 CFR 85.2222.
D. The December 22, 2010 Submittal
This submission includes a revision to the I/M program to improve
implementation. The revisions to the I/M program, as detailed below do
not change the effectiveness of the program but ease implementation. At
the same time the State adopted changes to the Low Income Repair
Assistance Program. The changes to the LIRAP program were not included
as part of the SIP revision, however, and thus are not being addressed
in this action.
The revision to Section 114.2(4) changes the definition of low-
volume emission inspection station to add the condition that the
station ``meets all criteria for obtaining a low-volume waiver from the
Texas Department of Public Safety'' and deletes the text ``performs on-
board diagnostics (OBD) testing only and does not exceed 1,200 OBD
tests per calendar year.'' This limit on tests per calendar year is
contained in the Texas Department of Public Safety Manual entitled
``Vehicle Emissions Inspection & Maintenance Rules & Regulations Manual
for Official Vehicle Inspection Stations and Certified Inspectors.''
The revisions to Section 114.51(a) removes the specific date of the
version of the ``Specifications for Vehicle Exhaust Gas Analyzer
Systems for Use in the Texas Vehicle Emissions Testing Program'' and
replaces it with ``most recent version of the.'' Sections 114.51(a) and
(b) contain additional non-substantive revisions.
This submission includes the repeal of the Early Participation
Incentive Program. The program was meant to encourage owners and
operators of emission inspection stations to participate early in the
purchase of ASM-2 equipment to ensure an adequate number and
distribution of stations would be available by the program start date.
The EPIP expired in all I/M program areas on May 1, 2008. This
incentive program is no longer needed and is not required by the EPA's
I/M rules, and therefore, we propose to find that the repeal of the
program is approvable.
The SIP revision contains a revised narrative, rules, and
supporting documentation as outlined in the requirements of the Federal
I/M Rules. This submittal was adopted consistent with the public notice
SIP requirements of CAA Sec. 110(l), and the revisions in this
submittal do not interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement. We propose to find that these revisions are approvable
because they either clarify the requirement or are non-substantive in
nature.
E. The August 30, 2011 Submittal (Including the May 15, 2006 and
February 28, 2008 Submittals)
On July 20, 2011, the State adopted and on August 30, 2011,
submitted revisions to 30 TAC Chapter 114, Control of Air Pollution
from Motor Vehicles; Subchapter J, Operational Controls for Motor
Vehicles; Division 2, Locally Enforced Motor Vehicle Idling
Limitations. The SIP submittal revises sections 114.512 (Control
Requirements for Motor Vehicle Idling) and 114.517 (Exemptions).
The submittal revises section 114.512(a) by removing the vehicle
idling program's enforcement period of April 1 through October 31 of
each calendar year to allow enforcement of the program year-round. The
daily maximum 8-hour ozone average can reach moderate levels even
outside of the ozone season in the areas currently participating in the
vehicle idling program, and moderate ozone levels
[[Page 21185]]
may pose health concerns for certain sensitive groups. The EPA is
proposing to approve this revision because year-round enforcement of
the vehicle idling program is expected to result in emission reductions
outside of the ozone season that will help provide additional
protection from exposure to moderate ozone levels for sensitive groups
in the local jurisdictions participating in the program. Further, year
round applicability will likely improve program effectiveness as
operators do not get out of the habit of idle reduction. The second
revision to section 114.512 eliminates subsection (b), which expired on
September 1, 2009. Subsection (b) prohibited drivers using a vehicle's
sleeper berth from idling in a residential area, school zone, within
1,000 feet of a hospital, or within 1,000 feet of public school during
hours of operation. As we explained in the April 9, 2010 (75 FR 18061)
rulemaking in which EPA approved previous revisions to the vehicle
idling limits into the SIP, EPA did not take action on the May 15, 2006
revision that added subsection (b) under section 114.512 or the
February 28, 2008 revision that subsequently revised subsection (b),
because at the time the EPA took action on the May 15, 2006 and
February 28, 2008 submittals, the expiration date of September 1, 2009
associated with subsection (b) had already passed such that subsection
(b) was no longer in effect. Therefore, the August 30, 2011 revision
that eliminates subsection (b) and that is before us to take action on
does not constitute a change to the currently approved SIP. We are now
proposing to approve the State Rules into the SIP without subsection
(b) as codified in the August 30, 2011 submission. This action
addresses the May 15, 2006 revision that added subsection (b) under
section 114.512; the February 28, 2008 revision that subsequently
revised subsection (b) by expanding the prohibition and extending its
expiration date; and the August 30, 2011 revision that eliminates
subsection (b). Although the net effect of these revisions does not
constitute a change to the currently approved SIP, we are making clear
that these previous revisions are addressed by this action to avoid any
potential future confusion that may result if we do not take action on
these revisions at this time.
Section 114.517 (Exemptions) is also revised to eliminate language
from paragraphs (1) and (2), which contain duplicative language.
The submittal also revises section 114.517 by adding a new
exemption under paragraph (2) that applies to the primary propulsion
engine of a motor vehicle being used to provide air conditioning or
heating necessary for employee health or safety in an armored vehicle
while the employee remains inside the vehicle to guard the contents or
while the vehicle is being loaded or unloaded. Additionally, paragraph
(12) under section 114.517 is revised to remove the expiration date of
the exemption that applies to a motor vehicle when idling is necessary
to power a heater or air conditioner while a driver is using the
vehicle's sleeper berth for a government-mandated rest period and is
not within two miles of a facility offering external heating and air
conditioning connections at a time when those connections are
available. This revision allows for the currently expired exemption
under paragraph (12) to be retained. We note the exemption under
paragraph (12) has not been approved into the Texas SIP because when
EPA took action on the May 15, 2006 and February 28, 2008 SIP
submittals that added and subsequently revised this exemption on April
9, 2010 (75 FR 18061), the exemption was no longer effective because
the September 1, 2009 expiration date of the exemption had passed. We
are now taking action on the May 15, 2006 and February 28, 2008
revisions that added and subsequently revised the exemption under
current paragraph (12), and we are also taking action on the August 30,
2011 revision that further revises the exemption.
The August 30, 2011 submittal contains a technical analysis under
CAA section 110(l) to demonstrate that approving into the SIP the new
exemption for armored vehicles and the exemption for drivers using the
vehicle's sleeper berth for a government-mandated rest period will not
interfere with any applicable requirement concerning attainment and
reasonable further progress in the Dallas/Fort Worth nonattainment
area. The State's 110(l) analysis explains that the emissions increases
that may be expected as a result of the new exemption for armored
vehicles will not interfere with attainment or reasonable further
progress in the SIP \6\ because the revision to section 114.512 to
allow year-round enforcement is expected to provide additional
emissions reductions in the months that are currently not subject to
enforcement and to offset the emissions increases due to the new
exemption for armored vehicles. Additionally, the 110(l) analysis
explains that the Locally Enforced Motor Vehicle Idling Limitations are
part of the Voluntary Mobile Source Emission Reduction Program (VMEP)
commitments in the Dallas-Fort Worth Attainment Demonstration SIP (DFW
Attainment SIP) revision for the 1997 8-hour ozone NAAQS, and that
based on the North Central Texas Council of Governments (NCTCOG)
estimates, the DFW area exceeded the NOx and VOC emission
reductions required as part of the VMEP commitments.\7\
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\6\ The Locally Enforced Motor Vehicle Idling Limits are
included as an emission reduction measure in the Dallas-Fort Worth
Attainment Demonstration SIP for the 1997 8-hour ozone NAAQS and the
Austin Early Action Compact (EAC) SIP for the 1997 8-hour ozone
NAAQS.
\7\ The CAA section 110(l) demonstration makes reference to the
NCTCOG's VMEP accounting for the Locally Enforced Idling
Restrictions without providing documentation of this in the SIP
submittal. However, this documentation was provided to EPA by TCEQ
via email on March 25, 2011, in response to the comment letter
provided by EPA during the State's public notice and comment period
(please see the ``Written and Oral Testimony'' section of the August
30, 2011 SIP submittal--the reference number for EPA's written
comments is W-123). The documentation consists of a report from the
NCTCOG dated August 26, 2010. The report quantifies the emissions
reductions benefits achieved by the VMEP and other local programs in
the DFW Attainment SIP as of March 2009. The report quantifies the
emissions reduction benefits achieved by the overall VMEP and by
each component of the VMEP. A copy of the TCEQ's March 25, 2011
email to EPA and a copy of the NCTCOG's August 26, 2010 report can
be found in the docket for this proposed rulemaking.
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The Texas SIP also includes the locally enforced idling limits in
the Austin area as part of the Early Action Compact SIP. The Austin
area is currently meeting the 1997 and 2008 ozone standards even
considering the exemption for armored vehicles has been in place at the
State level since 2011 and the exemption for motor vehicles idling
during a government mandated rest period has been in place since
2006.\8\ Therefore, EPA believes it is reasonable to conclude that this
additional exemption does not interfere with maintenance of the
standard in the Austin Area. More detail is in the TSD, which is
provided in the docket for this rulemaking. Thus, the 110(l) analysis
demonstrates that any potential emissions increases resulting from the
exemption for armored vehicles and the exemption for drivers using the
vehicle's sleeper berth for a government-mandated rest period will be
offset by the excess emissions reductions achieved by the overall VMEP.
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\8\ The State first adopted the exemption for motor vehicles
idling during a government mandated rest period in 2006, but the
exemption eventually expired and in 2011 the State adopted revisions
that eliminated the expiration date associated with the exemption.
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Therefore, we are proposing to approve into the SIP the new
exemption under paragraph (2) for armored vehicles. We are also
proposing to approve into the SIP the following: (1)
[[Page 21186]]
The revision from the May 15, 2006 submittal that amended section
114.517 by adding the exemption for a motor vehicle when idling is
necessary to power a heater or air conditioner while a driver is using
the vehicle's sleeper berth for a government-mandated rest period; (2)
the February 28, 2008 SIP revision that narrowed the exemption by
adding language such that the exemption applies only when the motor
vehicle is not within two miles of a facility offering external heating
and air conditioning connections at a time when those connections are
available; and (3) the August 30, 2011 revision that removes the
September 1, 2009 expiration date of the exemption, effectively
retaining the exemption.
This submittal was adopted consistent with the public notice SIP
requirements of CAA Sec. 110(l). We are proposing to approve these
revisions to section 114.517 because the State has demonstrated that
the approval of these exemptions into the SIP will not interfere with
any applicable requirement concerning attainment and reasonable further
progress. Any excess emissions reductions achieved in the DFW area that
are used as substitute emissions reductions to offset any potential
increase in emissions resulting from these new exemptions cannot be
used as substitute emissions reductions to offset a shortfall in any
other control measure in the SIP, or otherwise be used as a SIP credit
for any other emissions reduction control measure.
F. The August 31, 2012 Submittal
This submittal adopted on August 8, 2012, provided further
revisions to 30 TAC Chapter 114, Control of Air Pollution from Motor
Vehicles; Subchapter J, Operational Controls for Motor Vehicles;
Division 2, Locally Enforced Motor Vehicle Idling Limitations. The SIP
submittal makes revisions to section 114.517 (Exemptions).
The submittal revises section 114.517 by adding a new exemption for
a motor vehicle that has a gross vehicle weight rating greater than
14,000 pounds and that is equipped with a 2008 or subsequent model year
heavy-duty diesel engine or liquefied or compressed natural gas engine
that has been certified by the EPA or a state environmental agency to
emit no more than 30 grams of NOx per hour when idling. The
SIP submittal also re-numbers the exemptions under section 114.517 to
account for the new exemption.
Information provided in the submittal, along with additional
technical analysis by EPA under CAA section 110(l) demonstrates that
approval into the SIP of the new exemption for motor vehicles with a
gross vehicle weight rating greater than 14,000 pounds and equipped
with certain low NOx emitting engines will not interfere
with any applicable requirement concerning attainment and reasonable
further progress. The State's analysis explains that engines certified
to emit no more than 30 grams of NOx per hour when idling
are significantly cleaner than the uncontrolled vehicles currently in
use that emit between 135 and 170 grams of NOx per hour when
idling. These ``clean idle engines'' emit lower NOx
emissions both while idling and while in transit. Model year 2008 and
newer vehicles with clean idle engines actually emit less than idle
reduction technologies that are allowed under the rule as auxiliary
power units (APU). Thus, the new exemption will provide drivers with a
new option that would enable them to comply with the motor vehicle
idling limits, and provide an incentive for replacing older, higher-
emitting vehicles with the newer clean idle engines. Without this
exemption, drivers of vehicles with clean idle engines may use an idle
reduction technology, such as an APU, to comply with the motor vehicle
idling limits when they find it necessary to idle for longer than 5
minutes.\9\ An APU is a commonly used idle reduction technology used in
heavy duty trucks to supply cooling, heating, and electrical power for
other applications while the main truck engine is turned off, thereby
enabling drivers to comply with the motor vehicle idling limits. The
type of clean idle engine the new exemption applies to would emit no
more than 30 NOx grams per hour (g/hr) when idling, while an
APU in the larger size range (23 horsepower) can be expected to emit
approximately 53 NOx g/hr and one in the smaller size range
(14 horsepower) can be expected to emit approximately 32 NOx
g/hr.\10\ Without the new exemption, drivers of vehicles with clean
idle engines could potentially choose to use an APU to comply with the
motor vehicle idling limits by shutting down the clean idle engine and
operating only the APU, potentially resulting in higher NOx
emissions than if the vehicle with the clean idle engine is idled
instead. Therefore, we believe the new exemption will provide drivers
with a new option enabling them to comply with the motor vehicle idling
limits, and will not result in backsliding. We are proposing to approve
the new exemption for motor vehicles with a gross vehicle weight rating
greater than 14,000 pounds and equipped with a 2008 or subsequent model
year heavy-duty diesel engine or liquefied or compressed natural gas
engine that has been certified by the EPA or a state environmental
agency to emit no more than 30 grams of NOx per hour when
idling.
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\9\ For a list of EPA SmartWay verified idle reduction
technologies, please visit http://epa.gov/smartway/forpartners/technology.htm#tabs-4.
\10\ Please see our TSD for a more detailed discussion of these
estimates.
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This submittal was adopted consistent with the public notice SIP
requirements of CAA Sec. 110(l). The EPA proposes to approve the above
revisions to the Locally Enforced Motor Vehicle Idling Limitations into
the SIP because they do not interfere with any applicable requirement
concerning attainment and reasonable further progress, or any other
applicable requirement and because they allow for clarity and
consistency of the exemptions and control requirements for motor
vehicle idling.
IV. Proposed Action
The EPA is proposing to approve, 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 proposing to approve
revisions to the following sections within Chapter 114 of Title 30 of
the Texas Administrative Code (TAC): 114.1, 114.2, 114.4, 114.50,
114.51, 114.52, 114.53, 114.211, 114.212, 114.213, 114.214, 114.215,
114.216, 114.217, 114.219, 114.512, and 114.517. We are also proposing
to approve revisions to 37 TAC 23.93. We are proposing to approve 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 proposing to approve these SIP
revisions except for the revisions to 114.50(b)(2) as explained in the
discussion of the November 15, 2005 submittal. The EPA is proposing to
approve these revisions in accordance with sections 110 and 182 of the
Act and EPA's regulations and consistent with EPA guidance.
V. 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,
[[Page 21187]]
this action 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 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 proposed rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, 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: March 27, 2014.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2014-08342 Filed 4-14-14; 8:45 am]
BILLING CODE 6560-50-P