Approval and Promulgation of Implementation Plans; Texas Control of Air Pollution From Motor Vehicles With Mobile Source Incentive Programs |
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Samuel Coleman
Environmental Protection Agency
9 June 2017
[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Rules and Regulations]
[Pages 26754-26757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11900]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2014-0497; FRL-9962-47-Region 6]
Approval and Promulgation of Implementation Plans; Texas Control
of Air Pollution From Motor Vehicles With Mobile Source Incentive
Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving revisions to the
Texas State Implementation Plan (SIP) submitted by the State of Texas
that pertain to regulations to control air pollution from motor
vehicles with mobile source incentive programs.
DATES: This rule is effective on September 7, 2017 without further
notice, unless the EPA receives relevant adverse comment by July 10,
2017. If the EPA receives such comment, the EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2014-0497, at http://www.regulations.gov or via email to
pitre.randy@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 Mr. Randy Pitre, (214)
665-
[[Page 26755]]
7299, pitre.randy@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: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Mr. Randy Pitre, 214-665-7299,
pitre.randy@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Mr. Randy Pitre or Mr. Bill Deese at 214-
665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
A. CAA and SIPs
Section 110 of the CAA requires states to develop and submit to the
EPA a SIP to ensure that state air quality meets National Ambient Air
Quality Standards. These ambient standards currently address six
criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead,
particulate matter, and sulfur dioxide. Each federally-approved SIP
protects air quality primarily by addressing air pollution at its point
of origin through air pollution regulations and control strategies. The
EPA approved SIP regulations and control strategies are federally
enforceable.
B. Texas' Submittals
Revisions with changes, additions, and extensions to the Texas SIP
Mobile Source Incentive Programs found in Title 30 of the Texas
Administrative Code (30 TAC), Chapter 114, (Control of Air Pollution
from Motor Vehicles), Subchapter K (Mobile Source Incentive Programs)
were submitted by the Texas Commission on Environmental Quality (TCEQ)
on June 11, 2014, December 23, 2014, and September 15, 2016. The June
11, 2014 submittal (1) revised regulations for the Diesel Emissions
Reduction Incentive Program for On-Road and Non-Road Vehicles (Division
3) and the Texas Clean Fleet Program (Division 5), and (2) added
regulations for a new Drayage Truck Incentive Program (Division 8). The
December 23, 2014 submittal revised the Texas Clean School Bus Program
(Division 4) to reflect the extension of this program by the Texas
Legislature. The September 15, 2016 submittal amended the Drayage Truck
Incentive Program regulations that were submitted on June 11, 2014.
II. The EPA's Evaluation
We have prepared a Technical Support Document (TSD) for this
rulemaking which details our evaluation. Our TSD may be accessed online
at http://www.regulations.gov, Docket No. EPA-R06-OAR-2014-0497.
Because the SIP revisions pertain to economic incentive programs to
reduce air pollution emissions from mobile sources we evaluated them
using (1) CAA section 182(g) (Economic Incentive Program) (2) our
policy guidance on economic incentive programs found in 40 CFR part 51,
subpart U (Economic Incentive Programs) and (3) our guidance document
``Improving Air Quality with Economic Incentive Programs'' (EPA-452/R-
01-001, January 2001, www.epa.gov/sites/production/files/2015-07/documents/eipfin.pdf). An economic incentive program achieves an air
quality objective by providing market-based incentives or information
to emission sources. Three fundamental principles apply to all
approvable economic incentive programs: Integrity, equity, and
environmental benefit. Our analysis concluded that the SIP revisions to
the Texas mobile source incentive programs meet these principles and
are approvable. The Mobile Source Economic Incentive Programs are
consistent with the CAA as they will reduce air pollution and emissions
of NOX, which is a precursor to ozone and particulate
matter. The emission reductions from replacing vehicles or replacing,
repowering or retrofitting engines can be quantified, and provide an
environmental benefit by reducing air pollution emissions by
encouraging the use of newer diesel technologies in the Texas
nonattainment areas. If Texas includes emission reductions from these
programs in future attainment or reasonable further progress SIPs, EPA
will evaluate the amount of reductions it achieves at that time. We are
approving the Texas SIP submittals as part of the Texas SIP. A short
discussion of the programs is discussed below. For more information,
please see the TSD.
A. Diesel Emissions Reduction Incentive Program for On-Road and Non-
Road Vehicles
The revisions to this program revise 30 TAC Sections 114.622 and
114.629. The revisions (1) remove the maximum cost-effectiveness limit
of $15,000 per ton of emissions of nitrogen oxides (NOX)
reduced for a project, (2) allow TCEQ to set cost-effectiveness limits
for projects and (3) add Wise County to the list of counties eligible
for the program.\1\ Removing the maximum cost-effectiveness limit and
allowing TCEQ to set the limits allows for selection of eligible
projects to improve air quality, even if the cost-effectiveness
increases above $15,000 per ton of NOX. Including Wise
County in the program ensures that all the Dallas-Fort Worth ozone
nonattainment counties are in the program.
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\1\ Wise County was included in the Dallas-Fort Worth ozone
nonattainment area for the 2008 ozone national ambient air quality
standard (77 FR 30088, 30147, May 21, 2012).
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B. Texas Clean School Bus Program
The revisions to this program revise 30 TAC Sections 114.640,
114.642, 114.644, 114.646 and 114.648 by repealing and replacing
existing provisions and revising 30 TAC Section 114.648 to clarify that
the Texas Legislature had extended the program until August 31, 2019.
Previously 30 TAC 114.648 stated that the program expired on August 31,
2013, unless the program is extended or reauthorized by the Texas
Legislature. Other than the clarification of the current program
expiration date, the revisions did not change the EPA approved SIP
provisions for this program.
C. Texas Clean Fleet Program
The revisions to this program revise 30 TAC Sections 114.650,
114.653 and 114.656. The revisions allow certain projects related to
agricultural product transportation (i.e., projects for trucks that
move goods from a farm), to be eligible for the program to replace
older heavy-duty on-road vehicles. The revisions also include a new
maximum grant amount for replacement of a heavy-duty on-road vehicle or
a light-duty on-road vehicle with a grant of up to 80% of the
replacement vehicle.
D. Drayage Truck Incentive Program
Drayage refers to the transport of goods over a short distance.
This program provides financial incentives to encourage owners to
replace drayage trucks with pre-2007 model engines with drayage trucks
with 2010 or later model year engines. The intent is to reduce
emissions from heavy-duty on-road and non-road vehicles used for
drayage activities through a seaport or rail yard.
III. Final Action
We are approving revisions to the Texas SIP that pertain to
regulations to control air pollution from motor
[[Page 26756]]
vehicles with mobile source incentive programs. The revisions were
submitted on June 11, 2014, December 23, 2014 and September 15, 2016.
The revisions revise regulations for (1) the Diesel Emissions Reduction
Incentive Program for On-Road and Non-Road Vehicles (30 TAC Sections
114.622 and 114.629), (2) the Texas Clean School Bus Program (30 TAC
Sections 114.640, 114.642, 114.644, 114.646 and 114.648), and (3) the
Texas Clean Fleet Program (30 TAC Sections 114.650, 114.653 and
114.656). The revisions also add regulations for Drayage Truck
Incentive Program (30 TAC Sections 114.680, 114.681 and 114.682), and
the amendments to 30 TAC Sections 114.680 and 114.682.
The EPA is publishing this rule without prior proposal because we
view this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on September 7, 2017
without further notice unless we receive relevant adverse comment by
July 10, 2017. If we receive relevant adverse comments, we will publish
a timely withdrawal in the Federal Register informing the public that
the rule will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive relevant
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.
IV. 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.
V. 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, the 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 and will not impose
substantial direct costs on tribal governments or preempt tribal law 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. The 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 August 8, 2017. 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 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
May 30, 2017 through the order of succession outlined in Regional Order
R6-1110.13, 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, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: May 30, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
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40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
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2. In Sec. 52.2270(c), the table titled ``EPA Approved Regulations in
the Texas SIP'' is amended by:
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a. Revising the centered heading for Chapter 114, Subchapter K,
Division 3
[[Page 26757]]
and the entries for sections 114.622, 114.629, 114.640, 114.642,
114.644, 114.646, 114.648, 114.650, 114.653, and 114.656; and
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b. Adding, after the entry for section 114.658, the centered heading
for ``Division 8: Drayage Truck Incentive Program'' followed by entries
for sections 114.680, 114.681, and 114.682.
The revisions and additions read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
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State approval/
State citation Title/subject submittal EPA approval date Explanation
date
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* * * * * * *
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Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
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Subchapter K--Mobile Source Incentive Programs
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Division 3: Diesel Emissions Reduction Incentive Program for On-Road and Non-Road Vehicles
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Section 114.622............... Incentive Program 4/9/2014 6/9/2017, [Insert ......................
Requirements. Federal Register
citation].
* * * * * * *
Section 114.629............... Affected Counties 4/9/2014 6/9/2017, [Insert ......................
and Implementation Federal Register
Schedule. citation].
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Division 4: Texas Clean School Bus Program
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Section 114.640............... Definitions........ 3/26/2014 6/9/2017, [Insert ......................
Federal Register
citation].
Section 114.642............... Applicability...... 3/26/2014 6/9/2017, [Insert ......................
Federal Register
citation].
Section 114.644............... Clean School Bus 3/26/2014 6/9/2017, [Insert ......................
Program Federal Register
Requirements. citation].
Section 114.646............... Monitoring, 3/26/2014 6/9/2017, [Insert ......................
Recordkeeping, and Federal Register
Reporting citation].
Requirements.
Section 114.648............... Expiration......... 3/26/2014 6/9/2017, [Insert ......................
Federal Register
citation].
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Division 5: Texas Clean Fleet Program
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Section 114.650............... Definitions........ 4/9/2014 6/9/2017, [Insert ......................
Federal Register
citation].
* * * * * * *
Section 114.653............... Grant Eligibility.. 4/9/2014 6/9/2017, [Insert ......................
Federal Register
citation].
* * * * * * *
Section 114.656............... Eligible Grant 4/9/2014 6/9/2017, [Insert ......................
Amounts. Federal Register
citation].
* * * * * * *
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Division 8: Drayage Truck Incentive Program
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Section 114.680............... Definitions........ 8/3/2016 6/9/2017, [Insert ......................
Federal Register
citation].
Section 114.681............... Applicability...... 4/9/2014 6/9/2017, [Insert ......................
Federal Register
citation].
Section 114.682............... Eligible Vehicle 8/3/2016 6/9/2017, [Insert ......................
Models. Federal Register
citation].
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[FR Doc. 2017-11900 Filed 6-8-17; 8:45 am]
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