Air Plan Approval; Texas; Control of Air Pollution From Motor Vehicles

David Gray
Environmental Protection Agency
25 September 2019

[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Rules and Regulations]
[Pages 50305-50307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20313]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0811; FRL-9999-03-Region 6]


Air Plan Approval; Texas; Control of Air Pollution From Motor 
Vehicles

AGENCY: Environmental Protection Agency (EPA).

ACTION: 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 Texas Commission 
on Environmental Quality (TCEQ or State). The revisions remove rules 
from the Texas SIP that address the Low Income Repair Assistance 
Program (LIRAP) for certain participating counties.

DATES: This final rule is effective on October 25, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2018-0811. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through https://www.regulations.gov or 
in hard copy at the EPA Region 6 Office, 1201 Elm Street, Suite 500, 
Dallas, Texas 75270.

FOR FURTHER INFORMATION CONTACT: Carrie Paige, EPA Region 6 Office, 
Infrastructure and Ozone Section, 1201 Elm Street, Suite 500, Dallas, 
TX 75270, 214-665-6521, paige.carrie@epa.gov. To inspect the hard copy 
materials, please schedule an appointment with Ms. Paige or Mr. Bill 
Deese at 214-665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our June 
6, 2019 direct final rule and proposal (see 84 FR 26349 and 84 FR 
26379, respectively). In the direct final rule, we approved the State's 
submittal to remove from the Texas SIP rules that address motor vehicle 
anti-tampering requirements and the LIRAP for participating Early 
Action Compact (EAC) counties.
    The direct final rule and proposal stated that if any relevant 
adverse comments were received by the end of the public comment period 
on July 8, 2019, the direct final rule would be withdrawn, and we would 
respond to the comments in a subsequent final action. Relevant adverse 
comments pertaining to the removal of LIRAP for participating EAC 
counties from the SIP were received during the comment period and the 
direct final rule was partially withdrawn on August 13, 2019 (84 FR 
39976). The partial withdrawal only withdrew the portions of the direct 
final rule that addressed the removal of LIRAP for participating EAC 
counties from the SIP since we did not receive relevant adverse 
comments on the removal of the motor vehicle anti-tampering 
requirements from the SIP. Our June 6, 2019 proposal provides the basis 
for this final rule.
    We received one comment in support of our direct final rule and one 
relevant adverse comment. The comments are posted in the docket for 
this action. Our responses to the comments are provided below.

II. Response to Comments

    Comment: The TCEQ expresses support of the EPA's approval of the 
SIP revision and corresponding removal of the associated State rules 
from the Texas SIP.
    Response: We acknowledge the TCEQ's support of our direct final 
rule.
    Comment: We received one relevant adverse comment from an anonymous 
source (``Commenter''). Commenter expresses concern that removal of the 
LIRAP program from the SIP would result in the State ending the program 
entirely. Commenter states that EPA should analyze the removal of this 
program based on the ability of motorists to come into compliance with 
the Inspection and Maintenance (I/M) program. Commenter states that if 
low income assistance programs are cut, motorists who are unable to 
afford repairs will defer or forgo repairs, resulting in lower 
compliance rates and thus, affecting emission reductions relied upon 
for the I/M program. Commenter states that Texas has several ozone 
nonattainment areas and therefore, EPA should run various Motor Vehicle 
Emission Simulator (MOVES) model scenarios to analyze whether removal 
of a low-income assistance program will affect compliance rates with 
the I/M program.
    Response: EPA appreciates the Commenter's concerns. As mentioned in

[[Page 50306]]

our direct final rule at 84 FR 26349, the Texas SIP rules at 30 TAC 
114, Section 114.86 apply only to the LIRAP for EAC \1\ Counties (EAC 
LIRAP) who chose to voluntarily participate in the program.\2\ The EAC 
counties were not required by the CAA nor federal regulations to 
implement an I/M program, but as participants in the EAC, Travis and 
Williamson Counties chose to implement an I/M program distinct from the 
State's SIP-approved I/M program in Chapter 114, Subchapter B 
applicable to nonattainment areas (see 70 FR 45542, August 8, 2005). 
The I/M program rules remain in the SIP. The LIRAP program assists low 
income vehicle owners in paying for repairs if their vehicle fails the 
I/M test. A person, however, must meet the I/M requirements for repair 
regardless of whether they receive funding assistance. Furthermore, 
motor vehicle operators cannot operate, or allow the operation of, a 
motor vehicle registered in an EAC county that does not comply with the 
requirements listed in Section 114.82(a).\3\ Under these requirements, 
vehicles are required to undergo an annual vehicle safety inspection in 
order to be registered, and must comply with the applicable vehicle 
emissions I/M requirements in order to pass the inspection. The above 
requirements apply regardless of whether the vehicle operator is 
eligible for financial assistance under the EAC LIRAP. As such, the 
removal of the EAC LIRAP will not result in an increase in emissions. 
Since the LIRAP is not a CAA requirement, and its removal will not 
interfere with the area's ability to maintain the NAAQS, we find that 
the SIP revision meets the applicable 110(l) requirements. The Austin, 
Texas area, which includes Travis and Williamson Counties, is 
designated as attainment for all four of the ozone NAAQS and the 2016-
2018 ozone design value for the Austin area continues to meet the 2015 
ozone NAAQS.\4\
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    \1\ The EAC program was developed to allow communities an 
opportunity to reduce concentrations of ground level ozone sooner 
than required by the CAA. The program was designed for areas that 
approached or monitored exceedances of the 1997 8-hour ozone 
standard and were in attainment for the 1979 1-hour ozone standard. 
Areas that adopted EACs were required, among other criteria, to 
attain the 1997 8-hour ozone standard by December 31, 2007. For more 
on the EAC, see https://archive.epa.gov/airquality/eac/web/html/basic.html.
    \2\ The counties are free to opt out of the program at any time. 
See SIP submittal at pg. 3-1.
    \3\ This provision was approved by EPA and effective September 
7, 2005 (see 70 FR 45542, August 8, 2005).
    \4\ See 56 FR 56694, page 56837, November 6, 1991; 69 FR 23858 
(pages 23868 and 23938), April 30, 2004; 77 FR 30088, page 30151, 
May 21, 2012; and 82 FR 54232, page 54279, November 16, 2017. The 
area's compliance with the 8-hour ozone standard is posted at: 
https://www.tceq.texas.gov/cgi-bin/compliance/monops/8hr_attainment.pl.
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    As mentioned in our direct final rule, the Federal I/M rules that 
apply to ozone nonattainment areas do not require states to implement a 
LIRAP-type program. The LIRAP rules found at 30 TAC 114 Subchapter C, 
Division 2 adopted by TCEQ create a voluntary program in the I/M areas 
in Texas ozone nonattainment areas, and are not, nor have they ever 
been, part of the Texas SIP. To the extent that the comment refers to 
the nonattainment LIRAP rules, we note that the nonattainment LIRAP 
rules are outside of the scope of this rulemaking. Eligible counties 
may choose to voluntarily participate in the Texas LIRAP.
    EPA disagrees that we should analyze whether removal of a low-
income assistance program for two counties in the EAC program will 
affect compliance rates with the I/M program because motor vehicle 
operators must comply with I/M program requirements for repairs whether 
they receive financial assistance from LIRAP or not.

III. Final Action

    Pursuant to the CAA, the EPA is approving a revision to the Texas 
SIP submitted by the TCEQ on November 20, 2018. The revision removes 
the LIRAP for Participating EAC Counties at 30 TAC 114, Section 114.86, 
from the Texas SIP.

IV. Incorporation by Reference

    In this document, EPA is amending regulatory text that includes 
incorporation by reference. As described in the amendments to 40 CFR 
part 52 set forth below, EPA is removing provisions from Table (c) 
``EPA Approved Regulations in the Texas SIP'' in the Texas State 
Implementation Plan (SIP), which is incorporated by reference in 
accordance with the requirements of 1 CFR part 51.

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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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, described in the Unfunded Mandates 
Reform Act of 1995 (Public Law 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

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Congress and to the Comptroller General of the United States. EPA will 
submit a report containing this action and other required information 
to the U.S. Senate, the U.S. House of Representatives, and the 
Comptroller General of the United States prior to publication of the 
rule in the Federal Register. A major rule cannot take effect until 60 
days after it is published in the Federal Register. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 25, 2019. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Volatile organic compounds.

    Dated: September 16, 2019.
David Gray,
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


Sec.  52.2270   [Amended]

0
2. In Sec.  52.2270, the table in paragraph (c) is amended by removing 
the entry for ``Section 114.86'' under ``Chapter 114 (Reg 4)--Control 
of Air Pollution from Motor Vehicles.''

[FR Doc. 2019-20313 Filed 9-24-19; 8:45 am]
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