[Federal Register Volume 62, Number 201 (Friday, October 17, 1997)]
[Proposed Rules]
[Pages 53997-53998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27622]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX27-1-5945; FRL-5910-2]
Approval and Promulgation of Air Quality State Implementation
Plans (SIP); Texas; Disapproval of Texas Clean Fuel Fleet Program
Revision to the State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed disapproval.
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SUMMARY: The EPA is proposing disapproval of the Texas Clean Fuel Fleet
(CFF) SIP revision submitted on August 9, 1996, by the State of Texas
for the purpose of establishing a substitute CFF program. The EPA is
disapproving the State's SIP revision due to changes in the State law
that altered the current SIP revision submittal and because, in EPA's
opinion, the State did not make a convincing and compelling equivalency
determination with the Federal CFF program.
DATES: Comments must be received on or before November 17, 1997.
ADDRESSES: Written comments on this action should be addressed to Mr.
Thomas H. Diggs, Chief, Air Planning Section, Environmental Protection
Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733. Copies of the documents about this action are available for
public inspection during normal business hours at the following
locations. Persons interested in examining these documents should make
an appointment with the appropriate office at least 24 hours before the
visiting day.
Environmental Protection Agency, Region 6, Air Planning Section (6PD-
L), 1445 Ross Avenue, Suite 700, Dallas, Texas, 78711-3087.
Texas Natural Resource Conservation Commission, 12100 Park 35 Circle,
Austin, Texas 78711-3087.
FOR FURTHER INFORMATION CONTACT: Mr. Paul Scoggins, Air Planning
Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733, telephone (214) 665-7354 or via e-mail at
scoggins.paul@epamail.epa.gov. While information may be requested via
e-mail, all comments must be submitted in writing to the EPA Region 6
address above.
SUPPLEMENTARY INFORMATION:
I. Background
On November 15, 1990, Congress enacted amendments to the 1997 Clean
Air Act (the Act); Pub. L. 101-549, 104 Stat. 2399, codified at 42
U.S.C. 7401-7671q. The CFF program is contained under part C, entitled,
``Clean Fuel Vehicles,'' of Title II of the Act, as amended November
15, 1990. Part C was added to the Act to establish two programs: a
clean-fuel vehicle pilot program in the State of California (the
California Pilot Test Program) and the Federal CFF program in certain
ozone and carbon monoxide nonattainment areas.
Section 182(c)(4) of the Act, 42 U.S.C. 7511a (c)(4), allows states
to opt-out of the Federal CFF program by submitting, for EPA approval,
a SIP revision consisting of a substitute program resulting in as much
or greater long term emissions reductions in ozone producing and toxic
air emissions as the Federal CFF program. The EPA may approve such a
revision only if it consists exclusively of provisions other than those
required under this Act for the area.
The State of Texas chose to opt-out of the Federal CFF program in a
committal SIP revision submitted to EPA on November 15, 1992. In July
1994, Texas submitted the State's opt-out program in a SIP revision to
EPA and adopted rules to implement the Texas CFF Program. The Texas CFF
SIP was revised based upon changes to State law and resubmitted to EPA
on August 6, 1996. On June 20, 1997, the Governor of Texas signed into
law Senate Bill 681 that modified the supporting legislation (Chapter
382 of the Texas Health and Safety Code) for the current submitted
revision.
II. EPA Analysis of State Submittal
The EPA is proposing disapproval based on the finding that changes
to the supporting legislation have altered the August 6, 1996,
submitted SIP revision.
[[Page 53998]]
As a result, the specific legislative authority in the submission is no
longer in effect. In addition to the above changes, Texas's technical
and equivalency method has not identified and quantified accurately the
covered fleets in the Federal and State covered areas. The Texas CFF
program has excluded certain covered fleets from its total fleet
aggregation in the El Paso and Houston/Galveston nonattainment areas.
Without an adequate determined fleet baseline for comparison, the SIP
revision's technical evaluation is not sufficiently comprehensive to
determine equivalency with the Federal CFF program. These and
additional concerns with the State CFF program and broad compliance
exemptions lead EPA to conclude that the State has not made a
convincing and compelling demonstration of equivalency with the Federal
CFF program. A more detailed discussion of the Texas CFF program
elements and control strategy can be found in the Technical Support
Document available from the EPA Region VI office.
III. Proposed Action
The EPA is proposing disapproval of the Texas CFF SIP revision
submitted to EPA on August 6, 1996. The State's proposed substitute
program is codified in 30 Texas Administrative Code, Chapter 114,
Sections 114.30, 114.32 through 114.34, and 114.36 through 114.40. The
EPA is soliciting public comments on the proposed action discussed in
this notice. These comments will be considered before taking final
action. Interested parties may participate in the Federal rulemaking
procedure by submitting written comments to the EPA Regional office
listed in the Addresses section of this notice.
The regional office, with EPA's Office of Mobile Sources has
initiated efforts to help ensure that this action is consistent with
the Act and will not interfere with any applicable requirement
concerning attainment or any other applicable requirement of the Act.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP will be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
IV. State Options
The following are options available to Texas in the implementation
of its CFF Program. The State may choose to; adopt the Federal CFF
Program; or revise the current Texas CFF program and resubmit to EPA or
substitute another State program or control strategy for the Texas CFF
program. Such a substitution could be a stationary or mobile source
control program, but only if it consists exclusively of provisions
other than those required under the Act.
V. Administrative Requirements
A. Executive Order (E.O.) 12866
The Office of Management and Budget has exempted this regulatory
action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. See 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
The EPA's disapproval of the State request under section 110 and
subchapter I, part D of the Act does not affect any existing
requirements applicable to small entities. Any preexisting Federal
requirements remain in place after this disapproval. Federal
disapproval of the State submittal does not affect its State
enforceability. Moreover, EPA's disapproval of the submittal does not
impose any new Federal requirements. Therefore, EPA certifies that this
disapproval action does not have a significant impact on a substantial
number of small entities because it does not remove existing
requirements and impose any new Federal requirements.
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated costs to State, local, or
tribal governments in the aggregate or to private sectors, of $100
million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives
of the rule and is consistent with statutory requirements. Section 203
requires EPA to establish a plan for informing and advising any small
governments that may be significantly or uniquely impacted by the rule.
The EPA has determined that the disapproval action proposed does
not include a Federal mandate that may result in estimated costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action imposes no
new requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and Recordkeeping requirements.
Dated: October 8, 1997.
Jerry Clifford,
Acting Regional Administrator.
[FR Doc. 97-27622 Filed 10-16-97; 8:45 am]
BILLING CODE 6560-50-P
