Approval and Promulgation of Air Quality Implementation Plans; Texas; Control of Air Pollution From Motor Vehicles, Vehicle Inspection and Maintenance |
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Samuel Coleman
Environmental Protection Agency
7 October 2016
[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Rules and Regulations]
[Pages 69679-69685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24205]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2015-0425; FRL-9952-27-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Control of Air Pollution From Motor Vehicles, Vehicle Inspection
and Maintenance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Texas State Implementation Plan (SIP). The revisions
to the SIP were submitted in 2015. These revisions are related to the
implementation of the state's motor vehicle emissions Inspection and
Maintenance (I/M) Program. The EPA is approving these revisions
pursuant to the Clean Air Act (CAA).
DATES: This rule will be effective on December 6, 2016 without further
notice unless EPA receives relevant adverse comments by November 7,
2016. If EPA receives such comments, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0425, at http://www.regulations.gov or via email to
walser.john@epa.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the Web, cloud, or other file sharing system). For
additional submission methods, please contact John Walser, 214-665-
7128, walser.john@epa.gov. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: All documents in the docket are listed in the
www.regulations.gov index and in hard copy at EPA Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas. While all documents in the docket are
listed in the index, some information may be publicly available only at
the hard copy location (e.g., copyrighted material), and some may not
be publicly available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Mr. John Walser (6PD-L), (214) 665-
7128, walser.john@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.
I. Background
A. What is a SIP?
Section 110 of the CAA requires states to develop air pollution
regulations and control strategies to ensure that air quality meets the
National Ambient Air Quality Standards (NAAQS) established by EPA. The
NAAQS are established under section 109 of the CAA and currently
address six criteria pollutants: Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide. A SIP is a set of
air pollution regulations, control strategies, other means or
techniques, and technical analyses developed by the state, to ensure
that air quality in the state meets the NAAQS. It is required by
section 110 and other provisions of the CAA. A SIP protects air quality
primarily by addressing air pollution at its point of origin. SIPs can
be extensive, containing state regulations or other enforceable
documents, and supporting information such as city and county
ordinances, monitoring networks, and modeling demonstrations. Each
state must submit any SIP revision to EPA for approval and
incorporation into the federally-enforceable SIP.
The Texas SIP includes a variety of control strategies, including
the regulations that outline requirements for the motor vehicle I/M
program for applicable areas of the state.
B. What is vehicle inspection and maintenance?
The 1990 CAA required ozone nonattainment areas classified moderate
and higher to have vehicle inspection and maintenance programs to
ensure that emission controls on vehicles are properly maintained. CAA
sections 182 (b)(4); (c)(3). The Texas motor vehicle I/M program, which
is referred to as the Texas Motorist Choice (TMC) Program, was approved
by EPA in the Federal Register on November 14, 2001 (66 FR 57261).\1\
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\1\ Previous actions taken toward full approval of the TMC
Program include: a proposed conditional interim approval on October
3, 1996 (61 FR 51651); an interim final conditional approval on July
11, 1997 (62 FR 37138); a direct final action on April 23, 1999 (64
FR 19910) to remove the conditions; and a final action to approve
various revisions on July 25, 2014 (79 FR 43264).
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The State's TMC Program requires that gasoline powered light-duty
vehicles, and light and heavy-duty trucks between two and twenty-four
years old, that are registered or required to be registered in the I/M
program area, including fleets, are subject to annual
[[Page 69680]]
inspection and testing. Vehicles in Dallas, Tarrant, Collin, Denton,
Ellis, Johnson, Kaufman, Parker, and Rockwall counties in the DFW area,
and Harris, Galveston, Brazoria, Fort Bend, and Montgomery in the HGB
nonattainment area that are 1995 and older are subject to an ASM-2
tailpipe test. Vehicles in those counties that are 1996 and newer
receive the On-Board Diagnostic (OBD) test in place of the tailpipe
test.
El Paso, Travis and Williamson County I/M programs are similar and
require, in conjunction with the annual safety inspection, for all I/M
program vehicles (gasoline powered vehicles from 2 through 24 years
old) the administration of the two-speed idle tailpipe test if they are
model year 1995 or older, or an OBD test if they are model year 1996 or
newer.\2\ Vehicles in all program areas are also currently subject to a
gas cap pressure check and an anti-tampering inspection as part of the
statewide annual safety inspection.
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\2\ Travis and Williamson counties were added as part of an
Early Action Compact (EAC) for the Austin area. The EAC was a
program to encourage permanent proactive measures to prevent
nonattainment area designations under the 1997 ozone standard.
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C. What is the low income vehicle repair assistance, retrofit, and
accelerated vehicle retirement program (LIRAP)?
The LIRAP is a voluntary program that any county participating in
the Texas I/M program may elect to implement to enhance the objectives
of the Texas I/M program. The Texas Commission on Environmental Quality
(TCEQ) adopted the LIRAP rules on March 27, 2002 at 27 Tex. Reg. 3194.
The LIRAP provides funding to assist eligible vehicle owners with
emissions-related repairs, retrofits, or the option to retire the
vehicle. The LIRAP is funded through a portion of the emissions
inspection fee. Vehicle owners who have failed a recent emissions test
and who meet the low-income criteria may be eligible. The LIRAP also
provides funding for local projects targeted at improving air quality
in the counties implementing the LIRAP.
Although the LIRAP is not required by the CAA, certain provisions
relating to the program fees have been approved into the Texas SIP to
allow for full implementation of the State's I/M program.\3\ These
provisions strengthen the SIP.
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\3\ Please see 70 FR 45542, dated August 8, 2005.
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II. Overview of the June 9 and 11, 2015 State Submittals
A. June 9, 2015 Submittal
On June 9, 2015, the TCEQ submitted SIP revisions to EPA that
amended rules related to the implementation of the state's motor
vehicle emission I/M program. These revisions are related to replacing
the duel windshield sticker system for vehicle inspection and
registration with a single vehicle registration insignia sticker and
modifying the method used to collect the state portion of the vehicle
safety and emissions inspection fee, in addition to minor non-
programmatic updates to rule language to correct outdated references
and for general clarity.\4\
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\4\ House Bill (HB) 2305 was passed during the 83rd legislative
session (2013). This bill eliminated the inspection sticker
resulting in a single-sticker system and makes vehicle registration
dependent on obtaining a passing vehicle inspection.
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DPS implemented the changes on March 1, 2015 in all program areas.
At present the program areas are: Dallas-Fort Worth area (DFW),
Houston-Galveston-Brazoria area (HGB), El Paso area, and the Austin
area.
B. June 11, 2015 Submittal
On June 11, 2015, the TCEQ submitted SIP revisions to EPA that
amended rules related to the LIRAP. TCEQ amended the state regulations
to incorporate a new procedure for counties to opt out of LIRAP and to
be released from program obligations, including remittance of the fee
to fund the LIRAP. At the time the LIRAP was established, the rules did
not specify such a procedure. The revisions define counties
participating in, in the process of opting out, and not participating
in the LIRAP, and details the fees associated with each county
category. It also makes other minor non-programmatic updates to rule
language for clarity.
The June 11, 2015 revisions to the SIP change the fee and
definitions sections of the LIRAP portion of the I/M rules. These
revisions are approvable into the SIP as components of the State's fee
structure to implement it's I/M program.
III. Plan Requirements and Our Evaluation
The revisions we are approving address 30 TAC 114, Control of Air
Pollution from Motor Vehicles, Subchapter A: Definitions; and
Subchapter C, Low Income Vehicle Repair Assistance, Retrofit, and
Accelerated Vehicle Retirement Program, Division 1: Vehicle Inspection
and Maintenance; and Division 3: Early Action Compact Counties. We have
prepared a Technical Support Document (TSD) for this action which
details our evaluation. Our TSD may be accessed on-line at http://www.regulations.gov, Docket No. EPA-R06-OAR-2015-0425.
To determine the approvability of these I/M revisions, we must
determine whether these revisions comply with our Federal I/M
requirements at 40 CFR part 51, subpart S, and 40 CFR 85.2222 (Federal
I/M Rules) and CAA section182 regarding I/M program requirements.
A. The June 9, 2015 Submittal
The June 9, 2015 SIP narrative discusses how the Program meets the
above requirements, and we agree with the State's analysis. See 38 Tex.
Reg. 7068; 7074-75. Further explanation of our analysis of the adequacy
of this submission with respect to I/M requirements can be found in the
TSD for this action.
On June 9, 2015, the State adopted revisions to 30 TAC Chapter 114,
Control of Air Pollution from Motor Vehicles, Subchapter A,
Definitions, Sections 114.1 and 114.2; and Subchapter B: Motor Vehicle
Anti-Tampering Requirements, Section 114.21,\5\ and Subchapter C,
Division 1: Vehicle Inspection and Maintenance, Sections 114.50-114.53,
and Subchapter C, Division 3: Early Action Compact Counties, Sections
114.82-114.84, and 114.87, and corresponding revisions to the SIP. The
SIP revisions contain a revised narrative, rules, and supporting
documentation as outlined in the requirements of the Federal I/M rules.
The SIP revisions will modify the administrative aspects of the
existing Texas I/M program in order to implement Texas House Bill 2305,
which replaces the current dual inspection and registration sticker
system with a single sticker registration sticker and modifies the
method used to collect the state's portion of the vehicle emissions
inspections fee. Registrations for non-compliant vehicles would be
denied under the single sticker system as under the dual sticker
system. 38 Tex. Reg. 7068. We find that the single sticker system is
approvable because this change to Texas's I/M program does not affect
the program's compliance with any federal requirements for I/M.
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\5\ Please see the discussion later in this rulemaking regarding
Section 114.21.
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The I/M rules require the TCEQ to implement the I/M program in
conjunction with the Texas DPS. The I/M rules also authorize the
collection of the state's portion of the vehicle emissions inspection
fee by the DPS at
[[Page 69681]]
the time that vehicle emissions inspection station owners purchase
safety and emissions inspection windshield stickers.
30 TAC Chapter 114 Sections 114.1 and 114.2 identify and define the
terms used in the State's I/M regulations. Section 114.1(4) is revised
to add the phrase ``Beginning on the single sticker transition date as
defined in this section, the safety inspection certificates will no
longer be used'' for clarity regarding the single-sticker program.
Section 114.1(5) is added to define first vehicle registration. There
is no federal definition of the term ``first vehicle registration'';
but this definition does not conflict with any federal requirement.
Sections 114.1(6)--(21) are renumbered to account for the new
subsections and contain other non-substantive changes.
Section 114.1(15), is modified to add new text as follows: ``Single
sticker transition date--The transition date of the single sticker
system is the later of March 1, 2015 or the date that the Texas
Department of Motor Vehicles (DMV) and the Texas DPS concurrently
implement the single sticker system required by the Texas
Transportation Code, Section 502.047.'' \6\ This text ensures that the
terminology ``Single sticker transition date'' is well-defined and
consistent with the Texas Transportation Code and with federal
requirements, as applicable. Additionally, Section 114.1(19) and (20)
are modified to add new text that define vehicle registration and
vehicle registration insignia sticker terminology.
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\6\ DPS implemented the revisions on March 1, 2015.
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Section 114.2(1)(A) and (B) are modified to clarify the definitions
of accelerated simulation mode (ASM-2) phases, specifically the 50/15
and 25/25 modes. For example, the 25/25 mode tests the vehicle at 25
mile per hour (mph) using 25 percent of the vehicle available
horsepower. Section 114.2(12)--Testing Cycle is revised to define the
annual testing cycle under the single-sticker program and add the
phrase ``or beginning on the single sticker transition date, the annual
cycle commencing with the first vehicle registration expiration date
for which a motor vehicle is subject to a vehicle emissions
inspection''. Also, revisions to 114.2(14)--Uncommon Part and addition
of 114.2(14)(A)-(C) add additional clarity exceeding remaining time
prior to expiration of the safety inspection certificate and the
vehicle registration.
These revisions to Sections 114.1 and 114.2 modify the I/M
definitions as needed to implement the single-sticker program or are
ministerial and add clarification. We therefore find that they are
approvable.
Section 114.21--Anti-tampering Exemptions is also revised. However,
at the request of TCEQ,\7\ we are not taking action on Section 114.21,
Anti-tampering Exemptions at this time.\8\ We do not need to act on
this section to approve the remaining revisions to the I/M program in
the June 9 and June 11, 2015 submittals because the Anti-tampering
program is not part of the currently approved SIP. Therefore, the
revisions to Section 114.21 are separable, meaning that the action we
are taking will not result in the approved SIP being more stringent
than the State anticipated. See Bethlehem Steel Corp. v. Gorsuch, 742
F. 2d 1028 (7th Cir. 1984); Indiana and Michigan Elec. Co., v. EPA, 733
F. 2d 489 (7th Cir. 1984).
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\7\ Email from TCEQ dated July 18, 2016 requesting EPA postpone
review of Section 114.21 at this time. This document is contained in
the docket for this rulemaking.
\8\ Section 110(k)(3) of the CAA provides the EPA the authority
to approve a SIP submittal in part.
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The SIP submittal contains revisions to Subchapter C, Division 1:
Vehicle Inspection and Maintenance. Specifically, Section 114.50--
Vehicle Emissions Inspection Requirements, includes numerous revisions
to Section 114.50(a)(1)-(4), (b)(1)-(6), (c) and (d)(1)-(6) \9\ and
makes non-substantive changes to other provisions in this section. The
revisions implement the single-sticker program, and add rule clarity.
Revisions to Section 114.50(d)(2) add the following text: ``Beginning
on the single sticker transition date, no person may allow or
participate in the preparation, duplication, sale, distribution, or
false, counterfeit, or stolen vehicle registration insignia stickers,
VIRs, VRFs,\10\ vehicle emissions repair documentation, or other
documents that may be used to circumvent applicable vehicle emissions
I/M requirements and to commit an offense specified in Texas
Transportation Code, Sec. 548.603.'' These revisions define rule
prohibitions, including activities that are fraudulent. As a result,
these revisions strengthen the rule and are approvable.
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\9\ Please see our TSD for a more detailed listing/discussion of
these revisions.
\10\ VIRs--Vehicle Inspection Reports; VRFs--Vehicle Repair
Forms.
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The submittal contains revisions to Section114.53 (a), (a)(1)-(3),
(b)-(d), and (d)(1)-(3) that would exempt emission inspection stations
from being required to remit the state's portion of the vehicle
emissions inspection fees to the DPS effective March 1, 2015. The
revisions also would lower the maximum inspection fee collected by the
emissions inspection stations in the DFW, HGB, El Paso and Austin I/M
program areas. Effective March 1, 2015, the maximum inspection fee
would be lowered by the amount of the state's portion of the vehicle
emissions inspection fee that would be collected by the DMV or county
tax assessor-collector at the time of registration. Specifically,
revisions to Section 114.53--Inspection and Maintenance Fees clarify
the fees that must be paid, and timing for an emissions inspection of a
vehicle at an inspection station. For example, Section 114.53(a)(2)
clarifies the timing of when an emission inspection station required to
conduct an emission test may collect fees and the amount. Beginning on
the single sticker transition date in the DFW and extended DFW program
areas, any emissions inspection station required to conduct an
emissions test in accordance with Section 114.50(a)(1)(A) or (B) and
(2)(A) or (B) of this title must collect a fee not to exceed $24.50 for
each ASM-2 test and $18.50 for each OBD test. Section 114.53 also
further defines the timing and fees for each program area in Texas
(i.e., El Paso County and the HGB areas) subject to emissions
inspection. New Section 114.53(d)(1)-(3) defines the process, beginning
on the single-sticker transition date, for vehicle owners to remit the
vehicle emissions inspection fee as part of the annual vehicle
registration fee collected by the Texas DMV. These changes to the rule
add clarity and further refine the single-sticker program requirements.
The revisions are approvable and consistent with federal law.
Revisions to Section 114.82--Control Requirements include
renumbering and the addition of the following text in Section
114.82(a)(2): ``Beginning on the single sticker transition date, all
applicable air pollution emission control-related requirements included
in the annual vehicle safety inspection requirements administered by
DPS as evidenced by a current valid registration insignia sticker
affixed to the vehicle windshield or a current valid VIR [vehicle
inspection report], or other form of proof authorized by the DPS.''
Also, Section 114.84--Prohibitions includes revisions prohibiting the
circumvention of the vehicle emissions I/M requirements and procedures
contained in the Austin Area Early Action Compact Ozone SIP. These
revisions strengthen the rule, are consistent with the Texas SIP, and
are approvable.
[[Page 69682]]
Section 114.87--Inspection and Maintenance Fees, Subsection (a), is
revised to include text that states: ``In Travis and Williamson
counties beginning on the single sticker transition date, any emissions
inspection station required to conduct an emissions test in accordance
with Section 114.80 of this title must collect a fee not to exceed
$11.50 for each on-board diagnostic and two-speed idle test.'' Section
114.87(d) is revised as follows: ``Effective on the single sticker
transition date as defined in Section 114.1 of this title in Travis and
Williamson counties, vehicle owners shall remit $4.50 for motor
vehicles subject to vehicle emissions inspections to the Texas
Department of Motor Vehicles or county tax assessor-collector at the
time of the annual vehicle registration as part of the vehicle emission
inspection fee.'' These revisions define the fees applicable in the
Austin Area Early Action Compact area under the single-sticker program,
are consistent with the Texas SIP, and are approvable.
B. The June 11, 2015 Submittal
The June 11, 2015 SIP narrative discusses how the LIRAP meets the
above requirements, and we agree with the State's analysis. Further
explanation of our analysis of the adequacy of this submission with
respect to I/M requirements can be found in the TSD for this action.
The TCEQ had already finalized the revisions in the June 9, 2015 SIP
submittal to EPA described in Section III.A of this document, prior to
finalizing the revisions in the June 11, 2015 SIP submittal to EPA.
Thus, the revisions in the June 11, 2015 submittal to EPA already
included the changes that we described in Section III.A, and use that
language as a starting point.
On June 11, 2015, the State adopted revisions to 30 TAC Chapter
114, Control of Air Pollution from Motor Vehicles, Subchapter A,
Definitions, Section 114.2; Subchapter C, Division 1: Vehicle
Inspection and Maintenance, Section 114.53; and Subchapter C, Division
3: Early Action Compact Counties, Sections 114.87, and corresponding
revisions to the SIP. The SIP revisions contain a revised narrative,
rules, and supporting documentation as outlined in the requirements of
the Federal I/M rules.\11\
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\11\ The TCEQ published the notice of the proposed revisions to
the SIP for the June 11, 2015 submittal on December 5, 2014 (39 Tex.
Reg. 9468) and published the final revision on May 15, 2015 (40 Tex.
Reg. 2670), finalizing the proposal without revision. In that
rulemaking, Texas adopted amendments to other sections that are not
submitted as revisions to the SIP.
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Section 114.2 identifies and defines the terms used in Subchapter A
for the I/M program. In Section 114.2, LIRAP, the acronym for the Low
Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle
Retirement Program, is replaced with the full program title to be
consistent with the title of the referenced subchapter and Texas
Register requirements. In Section 114.2 (12) ``Related'' is changed to
``Relating.'' The revisions to Section 114.2 are ministerial, and/or
add clarification and are approvable.
Section 114.53 details Inspection and Maintenance Fees in
nonattainment areas. In Section 114.53(d) ``as specified by the
following requirements:'' is deleted and a period is added after
``state''; and in Section 114.53(d)(1) ``the following requirements
apply'' is added after ``El Paso County,'' and the rest of the
paragraph is deleted. These changes are ministerial, add clarification,
are necessary for the additions to Section 114.53 described below, and
are therefore approvable.
The submittal contains additional substantive changes to Section
114.53, Inspection and Maintenance Fees, that are later mirrored in
Section 114.87. Section 114.53(d)(1), (2), and (3) are amended to more
fully describe the LIRAP fee as it relates to the vehicle I/M programs
in El Paso County and the DFW and HGB area counties. Subparagraphs are
added to these subsections to explain remittance of I/M fees, including
the LIRAP fee, for the following categories of counties: A county
participating in the LIRAP, a participating county that is in the
process of opting out of the LIRAP, and a county that is not
participating in the LIRAP and is not subject to the LIRAP fee.
The submittal deletes language from Section 114.53(d)(1) regarding
the I/M fees for El Paso County in the event that it passed a
resolution to participate in the LIRAP, and replaced it with ``(1) In
El Paso County, the following requirements apply.'', and added new
Sections 114.53(d)(1)(A), (B), and (C) which detail the I/M fees for El
Paso County for the three LIRAP county categories outlined above.
The submittal deletes language from Section 114.53(d)(2) regarding
the I/M fees for DFW and the extended DFW program areas and replaced it
with ``(2) In the Dallas-Fort Worth and the extended Dallas-Fort Worth
program areas, the following requirements apply.'' and added new
Sections 114.53(d)(2)(A), (B), and (C) which detail the I/M fees for
the DFW and the extended DFW program areas for the three county
categories outlined above.
The submittal deletes language from Section 114.53(d)(3) regarding
the I/M fees for the HGB program area and replaced it with ``(2) In the
Houston-Galveston-Brazoria program area, the following requirements
apply.'' and added new sections 114.53(d)(3)(A), (B), and (C) which
detail the I/M fees for HGB program area for the three county
categories outlined above.
Section 114.87 details I/M fees in Early Action Compact (EAC)
areas. The submittal amends Section 114.87 to apply the same changes
for nonattainment counties adopted in Section 114.53 to early action
compact counties. Section 114.87(d)(1)(2) and (3) explains remittance
of I/M fees, including the LIRAP fee, in a county participating in the
LIRAP, a participating county that is in the process of opting out of
the LIRAP, and a county that is not participating in the LIRAP and not
subject to the LIRAP fee.
Section 114.87(d)(1) includes the description of state LIRAP fees
vehicle owners pay during vehicle registration in participating EAC
counties. Section 114.87(d)(2) describes the state fees vehicle owners
pay during vehicle registration in participating EAC counties that are
in the process of opting out of the LIRAP, and includes the LIRAP fee
until the effective LIRAP fee termination date, after which state fees
do not include the LIRAP fee. Section 114.87(d)(3) describes the state
fees vehicle owners pay during vehicle registration in non-
participating EAC counties, which does not include the LIRAP fee.
As stated previously, the LIRAP is not required by the CAA, but
certain provisions relating to the program and program fees have been
approved into the Texas SIP to allow for full implementation of the
State's I/M program and strengthen the SIP. The changes in the
submittal to Sections 114.53 and 114.87 provide further delineation and
clarification regarding which parts of the fees are for LIRAP. We find
the more detailed breakdown of the LIRAP fees in counties
participating, in the process of opting out, and not participating in
the LIRAP, approvable because they do not conflict with any federal
requirement, and the LIRAP is voluntary.
C. Section 110(l)
Section 110(l) of the Act provides that a SIP revision must be
adopted by a State after reasonable notice and public hearing.
Additionally, section 110(l) states that the EPA cannot approve a SIP
revision if that revision would interfere with any applicable
requirement regarding attainment, reasonable further
[[Page 69683]]
progress (RFP) or any other applicable requirement established in the
CAA. Our evaluation of the submittals found that the SIP revisions were
adopted by the State after reasonable notice and public hearing, and
that approval of the revisions would not interfere with any CAA
requirement. The revisions related to the single vehicle registration
insignia sticker implement legislative changes that may improve the
enforcement and compliance aspects of the vehicle emissions inspection
and maintenance program. These changes replace the sticker-based
enforcement strategy with the preferred registration denial enforcement
strategy, which improves the overall effectiveness of the program. This
denial enforcement strategy has been in effect for more than one year
now. These revisions do not interfere with applicable requirements
concerning attainment and reasonable further progress or any other
applicable requirement in the CAA.
The revisions that create the new opt-out process for the LIRAP do
not interfere with any applicable requirement in the CAA, because the
LIRAP is not relied upon to meet any required component of the current
SIP. Those counties that continue to participate in the LIRAP
contribute to air quality improvements with the related LIRAP emission
reductions. Even though fewer counties may be participating in the
LIRAP due to the opt-out process, the revisions do enhance the current
SIP by providing for additional rule clarification.
IV. Final Action
Pursuant to Sections 110 and 182 of the Act, EPA is approving,
through a direct final action, revisions to the Texas SIP that were
submitted on June 9, 2015 and June 11, 2015. We are approving revisions
to the following sections within Chapter 114 of 30 TAC: 114.1, 114.2,
114.50, 114.53, 114.82-84, and 114.87. We evaluated the state's
submittals and determined that they meet the applicable requirements of
the CAA. Also, in accordance with CAA section 110(l), the revisions
will not interfere with attainment of the NAAQS, reasonable further
progress, or any other applicable requirement of the CAA.
EPA is publishing this rule without prior proposal because we view
these as non-controversial amendments and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on December 6, 2016
without further notice unless we receive relevant adverse comments by
November 7, 2016. If we receive relevant adverse comments, we will
publish a timely withdrawal of this direct final rulemaking in the
Federal Register informing the public that the direct final rule will
not take effect. We will address all public comments in a subsequent
final rule based on the proposed rule. We will not institute a second
comment period on this action. Any parties interested in commenting
must do so now. Please note that if we receive adverse comments on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, we may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
V. Incorporation by Reference
In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the
revisions to the Texas regulations as described in the Final Action
section above. We have made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the EPA Region 6 office.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications as specified by Executive Order
13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 6, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition
[[Page 69684]]
for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2)).
Samuel Coleman was designated the Acting Regional Administrator on
September 30, 2016, through the order of succession outlined in
Regional Order R6-1110.1, a copy of which is included in the docket for
this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxides, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur Dioxide, Volatile organic compounds.
Dated: September 30, 2016.
Samuel Coleman,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. In Sec. 52.2270:
0
a. In paragraph (c), the table entitled ``EPA Approved Regulations in
the Texas SIP'' is amended by revising entries for Sections 114.1,
114.2, 114.50, 114.53, 114.82, 114.83, 114.84, and 114.87.
0
b. In paragraph (e), the second table entitled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP'' is amended by revising the entry for ``Vehicle Inspection and
Maintenance'' and adding an entry at the end of the table for the
``Austin Early Action Compact area Vehicle Inspection and
Maintenance.''
The revisions read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject submittal EPA approval date Explanation
date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter A--Definitions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 114.1..................... Definitions.......... 2/12/2014 10/7/2016, [Insert Federal Register
citation]
Section 114.2..................... Inspection and 4/29/2015 10/7/2016, [Insert Federal Register
Maintenance citation]
Definitions.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter C--Vehicle Inspection and Maintenance; Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program; and Early
Action Compact Counties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Division 1: Vehicle Inspection and Maintenance
--------------------------------------------------------------------------------------------------------------------------------------------------------
114.50............................ Vehicle Emissions 2/12/2014 10/7/2016, [Insert Federal Register
Inspection citation]
Requirements.
* * * * * * *
114.53............................ Inspection and 4/29/2015 10/7/2016, [Insert Federal Register
Maintenance Fees. citation]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Division 3: Early Action Compact Counties
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
114.82............................ Control Requirements. 2/12/2014 10/7/2016, [Insert Federal Register
citation]
114.83............................ Waivers and 2/12/2014 10/7/2016, [Insert Federal Register
Extensions. citation]
114.84............................ Prohibitions......... 2/12/2014 10/7/2016, [Insert Federal Register
citation]
* * * * * * *
114.87............................ Inspection and 4/29/2015 10/7/2016, [Insert Federal Register
Maintenance Fees. citation]
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
[[Page 69685]]
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable geographic State
Name of SIP provision or non-attainment submittal/ EPA approval date Comments
area effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Vehicle Inspection and Maintenance Dallas-Fort Worth, El 6/11/2015 10/7/2016, [Insert Federal Register
Paso County and citation]
Houston-Galveston-
Brazoria.
* * * * * * *
Austin Early Action Compact area Travis and Williamson 6/11/2015 10/7/2016, [Insert Federal Register
Vehicle Inspection and Counties. citation]
Maintenance.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-24205 Filed 10-6-16; 8:45 am]
BILLING CODE 6560-50-P