[Federal Register Volume 62, Number 177 (Friday, September 12, 1997)]
[Proposed Rules]
[Pages 48033-48034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24242]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX35-1-6168; FRL-5891-8]
Approval and Promulgation of Air Quality State Implementation
Plans (SIP); Texas; Propose Disapproval of Revisions to the State
Implementation Plan; Chapter IV, Sections 114.1 and 114.5
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing disapproval of SIP revisions Texas
submitted for Regulation IV, 30 TAC Chapter 114, sections 114.1
``Maintenance and Operation of Air Pollution Control Systems or Devices
Used to Control Emissions from Motor Vehicles'' and 114.5 ``Exclusions
and Exceptions'' on February 24, 1989, September 6, 1990, and July 13,
1993.
The EPA is acting on these three previously submitted revisions
that relate to State wide antitampering provisions and exemptions to
antitampering provisions for motor vehicles or motor vehicle engine
emission control systems. The EPA is proposing disapproval because the
States antitampering rules are not consistent with the Clean Air Act
(the Act), section 203(a)(3) and EPA tampering prohibition as outlined
in EPA's antitampering Enforcement Policy, Mobile Source Enforcement
Memorandum No. 1A.
DATES: Comments must be received on or before October 14, 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 above and
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, 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. Summary of State Submittal
On February 24, 1989, September 6, 1990, and July 13, 1993, EPA
received revisions to the Texas SIP for changes to Regulation IV, 30
TAC Chapter 114, sections 114.1 and 114.5, 114.5, and 114.1 and 114.5
respectively. In their regulations, Texas adopted specific measures
restricting emission control equipment removal/modifications
(antitampering) and exempting or providing exclusions for vehicles from
antitampering requirements.
The Federal tampering prohibition for emission control equipment
for motor vehicles and motor vehicle engines is contained in section
203(a)(3) of the Act, 42 U.S.C. 7522(a)(3). Section 203(a)(3)(A) of the
Act prohibits ``any person from removing or rendering inoperative any
emission control device or element of design installed on or in a motor
vehicle or motor vehicle engine prior to its sale and delivery to an
ultimate purchaser'' and prohibits ``any person from knowingly removing
or rendering inoperative any such device or element of design after
such sale and delivery to the ultimate purchaser.'' Mobile Source
Enforcement Memorandum No. 1A provides guidance on what is a violation
of section 203(a)(3).
The State revision, received February 24, 1989, made the following
changes. Section 114.1 prohibits: (1) The removal of or render
inoperative any system or device used to control emissions from a motor
vehicle or motor vehicle engine or any part thereof; (2) specifies the
conditions for the acceptable removal and/or installation of vehicle
engines, catalytic converters, or other emission control components;
(3) prohibits leasing, sale, or offer to sale motor vehicles that have
tampered emission control equipment; (4) and finally, establishes sign
posting requirements for prohibitions.
Section 114.5 exempts from the provisions of 114.1: (1) Dual-fuel
conversions specified by the Department of Public Safety (DPS); (2)
vehicles belonging to persons being transferred to a foreign country
and specifies associated documentation requirements; (3) sales or
offers for sale motor vehicles for wholesale transaction and for sales
or trade-ins from an individual to a vehicle dealer; (4) Federal, State
and local agencies that sell abandoned, confiscated, or seized vehicles
and vehicle auction facilities if specific conditions are satisfied.
The State revision, received September 9, 1990, to section 114.5
exempts all dealer transactions that do not result in the sale of a
tampered vehicle to an individual for operation on a public highway.
The State revision, received on July 13, 1993, made the following
changes. Section 114.1 addresses the replacement or installation of
aftermarket alternative fuel conversions equipment and any other system
or device relating to emissions, safety concerns and antitampering.
Section 114.5 specifies conditions for granting motor vehicle and motor
vehicle engine exclusions from the provisions of section 114.1, deletes
original text in 114.5(c) to improve consistency with section 114.1,
and redesignates original paragraphs.
II. Analysis of State Submittal
The EPA is proposing disapproval of the revisions to Texas SIP for
Texas Regulation IV, 30 TAC Chapter 114, sections 114.1 and 114.5 based
on the following inconsistencies. Section 114.1 (b)(4) allows
replacement or installation of any system or device (other than
catalytic converters, engines and the conversion of the vehicle to
alternative fuels, which are handled under separate subsections) if:
The system or device can be demonstrated to be at least as effective in
reducing emissions as the original equipment. This rule does not
[[Page 48034]]
provide how the above demonstration will be made nor the criteria for
the demonstration. Section 114.5(a)(1) allows registered farm vehicles
used primarily on a farm or ranch to remove or make inoperable the farm
vehicles air pollution control system or device used to control
emissions from the farm vehicle. This exemption is contrary to section
203(a)(3)(A) of the Act and EPA tampering prohibition as outlined in
Memorandum No. 1A. Section 114.5(c) allows exclusion from tampering
laws by petition to state for danger to person or property. The EPA has
never recognized any circumstances that merit removal of a catalytic
converter or other emissions controls because of a fire hazard or other
problem. Again, this is contrary to the Act and EPA tampering
prohibition. In addition, section 114.1(b)(3) references a deleted
section and section 114.1(e) allows dispensing of leaded gasoline if
properly labeled. The Act banned the dispensing of leaded gasoline on
January 1, 1996.
III. Proposed Action
The EPA is proposing disapproval of the State submitted revisions
received on February 21, 1989, September 20, 1990, and July 13, 1993,
for Regulation IV, 30 TAC Chapter 114, sections 114.1 and 114.5. The
EPA has evaluated the submitted rules and has determined that they are
not consistent with the Clean Air Act, and EPA tampering prohibition.
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 Memo 1A, and will not interfere with any applicable
requirement concerning attainment or any other applicable requirement
of the Act. These revisions are not required by the Act. Therefore,
this proposed disapproval action does not impose sanctions for failure
to meet Act requirements.
The EPA is soliciting public comments on the proposed action
discussed in this document or on other relevant matters. These comments
will be considered before taking final action. Interested parties may
participate in the Federal rule making procedure by submitting written
comments to the EPA Regional office listed in the ADDRESSES section of
this document.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan 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 12866
The Office of Management and Budget has exempted this regulatory
action from Executive Order 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 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 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 disapproval
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: August 11, 1997.
Jerry Clifford,
Acting Regional Administrator.
[FR Doc. 97-24242 Filed 9-11-97; 8:45 am]
BILLING CODE 6560-50-P
