[Federal Register Volume 63, Number 126 (Wednesday, July 1, 1998)]
[Rules and Regulations]
[Pages 35839-35841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17381]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX98-1-7386; FRL-6117-3]
Approval and Promulgation of Air Quality State Implementation
Plans, Texas; Recodification of, and Revisions to the State
Implementation Plan; Chapter 114
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving in this action the recodification of and
revision to the Texas State Implementation Plan (SIP) for Chapter 114,
``Control of Air Pollution from Motor Vehicles.'' This revision was
submitted by the Governor on November 20, 1997, to reformat and
renumber existing state Chapter 114 sections into seven new subchapters
(A through G) without substantial technical changes and to remove
original paragraph 114.1(e), concerning leaded gasoline dispensing
labeling requirements.
DATES: This action is effective on August 31, 1998 without further
notice unless the agency receives relevant adverse comments by July 31,
1998. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
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 above and
following location. 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, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733.
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, comments must be submitted in writing to the above Region 6
address.
SUPPLEMENTARY INFORMATION:
I. Background
On November 20, 1997, the Governor of Texas formally submitted a
recodification of, and revisions to, the Texas SIP for Regulation IV,
30 TAC Chapter 114, ``Control of Air Pollution from Mobile Vehicles.''
These changes were submitted to reformat and renumber existing state
Chapter 114 sections into seven new subchapters (A through G) without
substantial technical changes and to remove original paragraph
114.1(e), concerning leaded gasoline dispensing labeling requirements.
II. Texas Chapter 114 Format Revisions
Chapter 114 includes the rules and regulations providing for the
protection of environment from mobile vehicles which were divided into
sections. The resulting new format divides the existing sections into
subchapters (A through G) and renumbers the original sections within
the new subchapters. The following Chapter 114 subchapters and sections
have been adopted by the commission.
SUBCHAPTER A: DEFINITIONS
114.1 Definitions.
114.2 Inspection and Maintenance (I/M) Definitions.
114.3 Low Emission Fleet Vehicle Definitions.
114.4 Vehicle Retirement and Mobile Emission Reduction Credit
Definitions.
114.5 Transportation Planning Definitions.
SUBCHAPTER B: MOTOR VEHICLE ANTI-TAMPERING REQUIREMENTS
114.20 Maintenance and Operation of Air Pollution Control Systems
or Devices Used to Control Emissions from Motor Vehicles.
114.21 Exclusions and Exemptions.
SUBCHAPTER C: VEHICLE INSPECTION AND MAINTENANCE
114.50 Vehicle Emissions Inspection Requirements.
114.51 Equipment Evaluation Procedures for Vehicle Exhaust Gas
Analyzers.
114.52 Waivers and Extensions for Inspection Requirements.
114.53 Inspection and Maintenance Fees.
SUBCHAPTER D: OXYGEN REQUIREMENTS FOR GASOLINE
114.110 Oxygenated Fuels.
[[Page 35840]]
SUBCHAPTER E: LOW EMISSION FLEET VEHICLE REQUIREMENTS
114.150 Requirements for Mass Transit Authorities.
114.151 Requirements for Local Governments and Private Persons.
114.152 Use of Certain Vehicles for Compliance.
114.153 Exceptions.
114.154 Exceptions for Certain Mass Transit Authorities.
114.155 Reporting.
114.156 Recordkeeping.
114.157 Program Compliance Credits.
SUBCHAPTER F: VEHICLE RETIREMENT AND MOBILE EMISSION REDUCTION CREDITS;
VEHICLE RETIREMENT
114.200 Accelerated Vehicle Retirement Program.
Mobile Emission Credits
114.201 Mobile Emission Reduction Credit Program.
114.202 The Texas Mobile Emission Reduction Credit Fund.
SUBCHAPTER G: TRANSPORTATION PLANNING
114.250 Memorandum of Understanding with the Texas Department of
Transportation.
114.260 Transportation Conformity.
114.270 Transportation Control Measures.
The following original sections were repealed by the commission.
114.1 Maintenance and Operation of Air Pollution Control Systems or
Devices Used to Control Emissions from Motor Vehicles.
114.3 Vehicle Emissions Inspection Requirements.
114.4 Equipment Evaluation Procedures for Vehicle Exhaust Gas
Analyzers.
114.5 Exclusions and Exemptions.
114.6 Waivers and Extensions for Inspection Requirements.
114.7 Inspection and Maintenance Fees.
114.13 Oxygenated Fuels.
114.23 Transportation Control Measures.
114.25 Memorandum of Understanding with the Texas Department of
Transportation.
114.27 Transportation Conformity.
114.29 Accelerated Vehicle Retirement Program.
114.30 Definitions.
114.31 Requirements for Mass Transit Authorities.
114.32 Requirements for Local Governments and Private Persons.
114.33 Use of Certain Vehicles for Compliance.
114.34 Exceptions.
114.35 Exceptions for Certain Mass Transit Authorities.
114.36 Reporting.
114.37 Recordkeeping.
114.38 Program Compliance Credits.
114.39 Mobile Emission Reduction Credit Program.
114.40 The Texas Mobile Emission Reduction Credit Fund.
III. Analysis of State Submittal
Subchapter A, Sections 114.1-114.5, which cover mobile source
program definitions, contain the definitions for the entire chapter.
New Section 114.1 definitions were taken from original Section 114.30,
``Definitions'' of the Texas Clean Fuel Fleet program and from original
Section 114.3(a) ``Definitions'' of the Vehicle Emissions Inspection
Requirements. New Section 114.2 definitions were taken from original
Section 114.3 of remaining definitions numbered (1)-(5), (8)-(13),
(15), (16) and the commission added a new definition, ``Two-speed idle
I/M test.'' New Section 114.3 definitions were taken from original
Section 114.30 of remaining definitions with a Section name change from
``Clean Fuel Fleet Vehicle'' program definitions to ``Low Emission
Fleet Vehicle Definitions.'' New Section 114.4 definitions were taken
from original Section 114.29 and new Section 114.5 definitions were
taken from original Section 114.23.
Subchapter B, Sections 114.20 and 114.21 contain the requirements
for the vehicle antitampering program. New Section 114.20 was created
from original Section 114.1, and new Section 114.21 was created from
original Section 114.5. Original Section 114.1(e) containing the leaded
gasoline dispensing labeling requirement, was removed from new Section
114.20. The reference to paragraph (f) in original Section 114.5(a)(2)
was removed from new Section 114.21(a)(2).
Subchapter C, Sections 114.50-114.53, contain the requirements for
the vehicle inspection and maintenance program. New Sections 114.50,
114.51, 114.52, and 114.53 were created from original Sections 114.3,
114.4, 114,6, and 114.7 respectively.
Subchapter D, Section 114.100 contains the requirements for the
oxygenated fuels program and was created from original section 114.13.
Subchapter E, Sections 114.150-114.157, contain the requirements
for the low emission fleet vehicle program. New Sections 114.150,
114.151, 114.152, 114.153, 114,154, 114.155, 114.156, and 114.157 were
created from original Sections 114.31, 114.32, 114.33, 114.34, 114.35,
114.36, 114.37, and 114.38, respectively.
Subchapter F, Sections 114.200-114.202, contain the requirements
for the vehicle retirement and mobile emission reduction credits
program. New Sections 114.200, 114.201, and 114.202 were created from
original Sections 114.29, 114.39, and 114.40, respectively.
Subchapter G, Sections 114.250, 114.260, and 114.270, contain the
requirements for the transportation planning program. New Section
114.250 was created from original Section 114.25. New Section 114.260
was created from original section 114.27. The last sentence of
paragraph 114.260(b) was changed from ``Affected nonattainment or
maintenance areas include El Paso, Houston/Galveston, Dallas/Fort
Worth, Beaumont/Port Arthur, and Victoria.'' to ``The affected
nonattainment and maintenance areas are listed in section 101.1 of the
title (relating to Definitions).'' In new Section 114.260, paragraph
(d)(2)(A)(x), the word ``pursuant'' was changed to ``under.'' Section
114.270 was created from the original Section 114.23 and the following
was added to paragraph (b), to the end of subsection (1); ``* * * as
defined in Section 101.1 of this title (relating to Definitions) and to
the end of subsections (2), (3), and (4), ``* * * as defined in Section
101.1 of this title.''
In addition, the following administrative change has been made to
all rules and regulations in which they appear:
1. ``TNRCC'' to ``commission''.
IV. Final Action
The EPA is approving the recodification of and revision to the
Texas SIP for Regulation IV, 30 TAC Chapter 114. Except as noted in the
following paragraph, this action reflects a recodification, not actual
approval of underlying requirements. The original Section numbers have
been renumbered and reformatted into specific subchapters without
changes to the underlying requirements or contents, except where noted
in the following paragraph. Previous approval or disapproval of Chapter
114 Sections and contents remain unchanged.
In addition, a new definition--``Two-speed idle I/M test''---and
the removal of original paragraph 114.1(e), leaded gasoline dispensing
labeling requirements, are approved. Minor editorial changes as noted
above in the part III, Analysis of State Submittal, are also approved.
The EPA is publishing this action without prior proposal because
the agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is proposing to approve the SIP
revision should relevant adverse comments be filed. This rule will be
effective on August 31, 1998 without further notice unless the Agency
receives adverse comments by July 31, 1998.
[[Page 35841]]
If EPA receives such comments, then EPA will publish a timely
withdrawal of the final rule and inform the public that the rule did
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. Only parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on August 31, 1998 and no further action will be
taken on the proposed rule.
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 shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
V. Administrative Requirements
A. Executive Order (E.O.) 12866 and 13045
The Office of Management and Budget has exempted this regulatory
action from E.O. 12866 review. In addition, this regulatory action is
not subject to E.O. 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks,'' because it is not an
``economically significant'' action under E.O. 12866.
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 approval of the State request under section 110 and
subchapter I, part D of the Act do not create any new requirements but
simply approve requirements that the State is already imposing.
Therefore, because the Federal SIP approval does not impose any new
requirements, I certify that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the Act, preparation of the
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of the State action. The Act forbids EPA to base its
actions concerning SIPs on such grounds. See Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
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 sector, 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 approval action promulgated 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 approves
preexisting requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the Comptroller General
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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804 (2).
E. Petitions for Judicial Review
Under section 307(b) (1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 31, 1998. 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).
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,
Sulfur oxides, Volatile organic compounds.
Dated: June 9, 1998.
Jerry Clifford,
Deputy Regional Administrator, Region 6.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation of part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
2. Section 52.2270 is amended by adding paragraph (c)(111) to read
as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c)* * *
(111) Recodified and revised Regulation IV, 30 TAC Chapter 114
``Control of Air Pollution From Motor Vehicles'' regulations of Texas
submitted by the Governor on November 20, 1997, to reformat original
Chapter 114 sections into seven new subchapters (A through G) and to
remove original section 114.1(e), concerning leaded gasoline dispensing
labeling requirements.
(i) Incorporation by reference.
(A) Commission Order 97-0713-RUL, adopted by the commission on
November 5, 1997.
(B) SIP narrative entitled ``Revisions to 30 TAC Chapter 114 and to
the State Implementation Plan (Reformatting of the Chapter)'' adopted
by the commission on November 5, 1997, addressing: adoption of new
Sections 114.1-114.5, 114.20, 114.21, 114.50-114.53, 114.100, 114.150-
114.157, 114.200-114.202, 114.250, 114.260, 114.270, and repeal of
original sections 114.1, 114.3-114.7, 114.13, 114.23, 114.25, 114.27,
114.29-114.40.
[FR Doc. 98-17381 Filed 6-30-98; 8:45 am]
BILLING CODE 6560-50-P
