[Federal Register Volume 59, Number 161 (Monday, August 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20475]


[[Page Unknown]]

[Federal Register: August 22, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-39-1-6507; FRL-5022-5]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Revision to the State Implementation Plan Vehicle Inspection and 
Maintenance Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is taking action to approve the Texas Natural Resource 
Conservation Commission (TNRCC) Inspection and Maintenance (I/M) State 
Implementation Plan (SIP), which includes a SIP narrative entitled 
``Revisions to the State Implementation Plan (SIP) for the Control of 
Ozone Air Pollution--Inspection/Maintenance SIP for Dallas/Fort Worth, 
El Paso, Beaumont/Port Arthur, and Houston/Galveston Ozone 
Nonattainment Areas,'' and Regulation IV, 31 TAC 114.3, entitled 
``Vehicle Emissions Inspection and Maintenance Program,'' as a revision 
to the Texas SIP for ozone in all four nonattainment areas and carbon 
monoxide in El Paso. On November 12, 1993, and on March 9, 1994, Texas 
submitted SIP revision requests to the EPA to satisfy the requirements 
of sections 182(b)(4) and 182(c)(3) of the Clean Air Act as amended in 
1990 (CAA), 42 U.S.C. 7511a(b)(4) and 7511a(c)(3) and Federal I/M rule 
40 CFR Part 51 subpart S. These SIP revisions will require vehicle 
owners to comply with the Texas I/M program in the four Texas ozone 
nonattainment areas classified as moderate or worse which includes El 
Paso also classified as nonattainment area for carbon monoxide. This 
revision applies to the Texas counties of Brazoria, Chambers, Collin, 
Dallas, Denton, El Paso, Fort Bend, Galveston, Harris, Jefferson, 
Liberty, Montgomery, Orange, Tarrant, and Waller. On May 18, 1994 (59 
FR 25867), the EPA published a Notice of Proposed Rulemaking (NPR) for 
the State of Texas. The NPR proposed approval of the Texas I/M SIP 
submitted by the State. No public comments were received on the NPR; 
therefore, the EPA is publishing this final action.

EFFECTIVE DATE: This rule will become effective on September 21, 1994.

ADDRESSES: Copies of the State's submittals and the EPA's technical 
support document (TSD) are available for public review at U.S. 
Environmental Protection Agency Region 6, (6T-AP), 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733. Also, Texas' submittal is 
available at the TNRCC, Mobile Source Division, I/M Section, P.O. Box 
13087, Austin, Texas 78711-3087. Interested persons wanting to examine 
these documents should make an appointment with the appropriate office 
at least 24 hours before the visiting day.
    In addition, a copy of today's revision to the Texas SIP is also 
available for inspection at: Air and Radiation Docket and Information 
Center, U.S. Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: James F. Davis at (214) 655-7584.

SUPPLEMENTARY INFORMATION:

Background

    The Clean Air Act, as amended in 1990, requires States to make 
changes to improve existing I/M programs or implement new ones. Section 
182(a)(2)(B) required any ozone nonattainment area which has been 
classified as ``marginal'' (pursuant to section 181(a) of the CAA) or 
worse with an existing I/M program that was part of a SIP, or any area 
that was required by the 1977 Amendments to the CAA to have an I/M 
program, to immediately submit a SIP revision to bring the program up 
to the level required in past EPA guidance or to what had been 
committed to previously in the SIP, whichever was more stringent. All 
carbon monoxide nonattainment areas were also subject to this 
requirement to improve existing or previously required programs to this 
level.
    In addition, all ozone nonattainment areas classified as moderate 
or worse must implement a basic or an enhanced I/M program depending 
upon its classification, regardless of previous requirements. In 
addition, Congress directed the EPA in section 182(a)(2)(B) to publish 
updated guidance for State I/M programs, taking into consideration 
findings of the Administrator's audits and investigations of these 
programs. The States were to incorporate this guidance into the SIP for 
all areas required by the CAA to have an I/M program. Ozone 
nonattainment areas classified as ``serious'' or worse with populations 
of 200,000 or more, and CO nonattainment areas with design values above 
12.7 parts per million (ppm.) and populations of 200,000 or more, and 
metropolitan statistical areas with populations of 100,000 or more in 
the northeast ozone transport region were required to meet EPA guidance 
for enhanced I/M programs.
    The EPA has designated four areas as ozone nonattainment in the 
State of Texas. The Houston/Galveston ozone nonattainment area is 
classified as severe and contains the following eight counties: 
Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, 
and Waller. The Beaumont/Port Arthur ozone nonattainment area is 
classified as serious and contains the following three counties: 
Hardin, Jefferson, and Orange. The 1980 population of the Beaumont/Port 
Arthur area was less than 200,000. The El Paso ozone nonattainment area 
is classified as serious and contains the county of El Paso. The 
Dallas/Fort Worth ozone nonattainment area is classified as moderate 
and contains the following four counties: Collin, Dallas, Denton, and 
Tarrant. The designations for ozone were published in the Federal 
Register (FR) on November 6, 1991, and November 30, 1992, and have been 
codified in the Code of Federal Regulations (CFR). See 56 FR 56694 
(November 6, 1991) and 57 FR 56762 (November 30, 1992), codified at 40 
CFR sections 81.300-81.437. In addition, a segment of El Paso Texas has 
been designated nonattainment for carbon monoxide (CO) and classified 
as moderate with a design value below 12.7 ppm., under sections 
107(d)(4)(A) and 186(a) of the CAA. See 56 FR 56694 (November 6, 1991) 
and 57 FR 13498 and 13529 (April 16, 1992). Based on these 
nonattainment designations and populations, basic I/M programs are 
required in the Beaumont/Port Arthur and Dallas/Fort Worth urbanized 
areas, while enhanced I/M programs are required in the El Paso and 
Houston/Galveston urbanized areas.

Response to Comments

    On May 18, 1994 (59 FR 25867), the EPA published a Notice of 
Proposed Rulemaking (NPR) for the State of Texas. The NPR proposed 
approval of the Texas I/M SIP submitted by the State. No public 
comments were received on the NPR.

Final Action

    By this action, the EPA is approving this submittal. The EPA has 
reviewed the State submittal against the statutory requirements and for 
consistency with the EPA regulations and finds it to be acceptable. The 
rationale for the EPA's action is explained in the NPR and will not be 
restated here.
    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 a SIP shall be 
considered in light of specific technical, economical, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    As noted elsewhere in this action, the EPA received no adverse 
public comment on the proposed action. As a direct result, the Regional 
Administrator has reclassified this action from Table 1 to Table 3 
under the processing procedures published in the FR on January 19, 1989 
(54 FR 2214), and revisions to these procedures issued on October 4, 
1993, in an EPA memorandum entitled ``Changes to State Implementation 
Plan (SIP) Tables.''

Regulatory Process

    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the FR on January 19, 
1989 (54 FR 2214-2225), as revised by an October 4, 1993, memorandum 
from Michael H. Shapiro, Acting Assistant Administrator for Air and 
Radiation. The Office of Management and Budget has exempted this action 
from E.O. 12866 review.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities (5 U.S.C. 603 and 604). 
Alternatively, the 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.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
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 CAA, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
CAA forbids the EPA to base its actions concerning SIPs on such grounds 
(Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Nitrogen dioxide, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Note--Incorporation by reference of the SIP for the State of 
Texas was approved by the Director of the FR on July 1, 1982.

    Dated: July 19, 1994.
Joe D. Winkle,
Acting Regional Administrator.

    40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

    1. The Authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart SS--Texas

    2. Section 52.2270 is amended by adding paragraph (c)(87) to read 
as follows:


Sec. 52.2270  Identification of plan.

* * * * *
    (c) * * *
    (87) A revision to the Texas SIP to include revisions to Texas 
Regulation IV, 31 TAC Sec. 114.3--Vehicle Emissions Inspection and 
Maintenance Program, adopted by the State on November 10, 1993, and 
February 16, 1994, regulations effective December 8, 1993, and 
revisions to Texas Department of Transportation, Chapter 17. Vehicle 
Titles and Registration--Vehicle Emissions Verification System, 43 TAC 
Sec. 17.80, adopted by the State on October 28, 1993, effective 
November 22, 1993, and submitted by the Governor by cover letters dated 
November 12, 1993 and March 9, 1994.
    (i) Incorporation by reference.
    (A) House Bill 1969 an act relating to motor vehicle registration, 
inspections and providing penalties amending:
    (1) Sections 382.037 and 382.038 of the Texas Health and Safety 
Code;
    (2) Section 2 Chapter 88, General Laws, Acts of the 41st 
Legislature, 2nd Called Session, 1929 (Article 6675a-2, Vernon's Texas 
Civil Statutes);
    (3) Title 116, Articles 6675b-4, 6675b-4A, and 6675b-4B;
    (4) Section 141(d), and section 142(h), Uniform Act Regulating 
Traffic on Highways (Article 6701d, Vernon's Civil Statutes);
    (5) Section 4.202, County Road and Bridge Act (Article 6702-1, 
Vernon's Texas Civil Statutes) signed by the Governor on June 8, 1993, 
and effective August 30, 1993.
    (B) Texas Health and Safety Code (Vernon 1990), the Texas Clean Air 
Act, sections 382.017, 382.037, 382.038, and 382.039 effective 
September 1, 1991.
    (C) Revisions to Texas Regulation IV, 31 TAC Sec. 114.3--Vehicle 
Emissions Inspection and Maintenance Program, effective December 8, 
1993.
    (D) Order No. 93-23, as adopted November 10, 1993, and Order No. 
94-02 as adopted February 16, 1994.
    (E) Texas Civil Statutes, Articles 6675a-1 to 6675b-2 and 6687-1. 
(Vernon 1993).
    (F) Revisions to Texas Department of Transportation, Chapter 17. 
Vehicle Titles and Registration--Vehicle Emissions Verification System, 
43 TAC Sec. 17.80, effective November 22, 1993.
    (ii) Additional materials.
    (A) SIP narrative plan entitled ``Revisions to the State 
Implementation Plan (SIP) for the Control of Ozone Air Pollution--
Inspection/Maintenance SIP for Dallas/Fort Worth, El Paso, Beaumont/
Port Arthur, and Houston/Galveston Ozone Nonattainment Areas,'' 
submitted to the EPA on November 12, 1993, and on March 9, 1994 
addressing by section: 8(a)(1) Applicability, 8(a)(2) Adequate Tools 
and Resources, 8(a)(3)
I/M Performance Standards, 8(a)(4) Network Type and Program Evaluation, 
8(a)(5) Test Frequency and Convenience, 8(a)(6) Vehicle coverage, 
8(a)(7) Test Procedures and Standards and Test Equipment, 8(a)(8) 
Quality Control, 8(a)(9) Quality Assurance, 8(a)(10) Waivers and 
Compliance Via Diagnostic Inspection, 8(a)(11) Motorist Compliance 
Enforcement, 8(a)(12) Motorist Compliance Enforcement Program 
Oversight, 8(a)(13) Enforcement Against Contractors, Stations and 
Inspectors, 8(a)(14) Compliance with Recall Notices, 8(a)(15) Data 
Collection, 8(a)(16) Data Analysis and Reporting, 8(a)(17) Inspector 
Training and Licensing or Certification, 8(a)(18) Public Information, 
8(a)(19) Consumer Protection Provisions, 8(a)(20) Improving Repair 
Effectiveness, 8(a)(21) On-Road Testing, 8(a)(22) State Implementation 
Plan Submission and Appendices.
    (B) Letter dated May 4, 1994, from John Hall, Chairman of the Texas 
Natural Resource Conservation Commission to the EPA, clarifying the 
State's intent regarding its Executive Director's exemption policy and 
repair effectiveness program.

[FR Doc. 94-20475 Filed 8-19-94; 8:45 am]
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