[Federal Register Volume 63, Number 150 (Wednesday, August 5, 1998)]
[Proposed Rules]
[Pages 41756-41757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20902]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX-61-1-7376; FRL-6136-1]
Approval and Promulgation of State Implementation Plans (SIP) for
Texas: Accelerated Vehicle Retirement (AVR) Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of proposed disapproval.
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SUMMARY: A proposed disapproval of the Texas AVR program was published
in the Federal Register (FR) on December 19, 1997 (62 FR 66576). The
purpose of this action is to withdraw the proposed disapproval. The
State has withdrawn the SIP submittal.
DATES: This withdrawal is effective August 5, 1998.
ADDRESSES: Copies of materials relevant to this document are available
for public inspection during normal business hours at the following
location. Persons interested in examining these materials should make
an appointment 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 75202-2733.
FOR FURTHER INFORMATION CONTACT: Ms. Sandra Rennie, Air Planning
Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733, telephone (214) 664-7367.
SUPPLEMENTARY INFORMATION:
I. Background
On October 31, 1994, Texas submitted a revision to the SIP to
provide for a Vehicle Scrappage Program in Title 30 of the Texas
Administrative Code, Chapter 114: Control of Air Pollution from Motor
Vehicles. The program allowed for the scrappage of vehicles,
calculating the credits, and applying the credits to stationary
sources. The program was not approvable because the method of
calculating the credits was not approvable. The method required actual
measurements of vehicle mass emissions using the IM240 emissions test.
This emissions test is not available to the public in the State because
in 1995, the Legislature halted the first vehicle Inspection and
Maintenance (I/M) program that used the IM240 test. That program was
replaced in 1997, by a low enhanced emissions I/M test that does not
measure mass emissions. Consequently, the emissions measured from that
program are not quantifiable
[[Page 41757]]
according to the method in 30 TAC 114.200.
The EPA proposed disapproval of the AVR SIP revision on December
19, 1997, (62 FR 66576).
II. Comments on Proposed Disapproval
Five comments were received in response to the proposed
disapproval. Four comments supported disapproval.
The Texas Natural Resource Conservation Commission commented that
because the AVR submittal does not reflect current programs that are
necessary to implement the scrappage program as designed, the State
determined that Section 114.200 should be revised. The State intended
to replace Section 114.200 with a new Section 114.200 in order to
establish an AVR program that does not rely on the use of the IM240
test. The EPA agrees with Texas' plan to replace Section 114.200 with a
new section if the State intends to implement a vehicle scrappage
program.
The comment from the Lone Star Chapter of the Sierra Club raised
issues of Environmental Justice (EJ) under Title VI of the Civil Rights
Act. The Sierra Club supported the proposed disapproval and also used
the comment period as an opportunity to discuss EJ as it relates to
Vehicle Scrappage Programs. They protest the Texas SIP AVR Program for
its inherent failure to comply with Title VI of the Civil Rights Act of
1964 which strictly prohibits discrimination on the basis of race,
color, or national origin by any program receiving Federal financial
assistance.
The EPA recognizes EJ as an issue that cannot and should not be
ignored. For the purposes of this document, EJ and its relationship to
vehicle scrappage will not be discussed because it is not germane
considering the State's request to withdraw the AVR program as a
revision to the SIP.
III. Withdrawal Action
On March 23, 1998, the Governor of Texas sent a letter to EPA
requesting that the Texas AVR SIP revision be removed from the SIP
process. These rules are neither required by the Clean Air Act, nor
part of any rate of progress plans for the State.
In this action, EPA is withdrawing the proposed disapproval because
the State withdrew the 1994 AVR SIP revision. The EPA is removing this
submittal from the SIP process, and no further rulemaking action will
take place with regard to the 1994 AVR SIP submittal.
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.
IV. Administrative Requirements
A. Executive Order (E.O.) 12866
The Office of Management and Budget has exempted this action from
review under Executive Order 12866, entitled ``Regulatory Planning
Review.'' This withdrawal 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 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.
This action is a withdrawal of the proposed disapproval with no
associated rulemaking. Therefore I certify that it does not have an
impact on any small entities.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ozone, Volatile
organic compounds.
Dated: July 24, 1998.
Jerry Clifford,
Acting Regional Administrator, Region 6.
[FR Doc. 98-20902 Filed 8-4-98; 8:45 am]
BILLING CODE 6560-50-P
