[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 
[email protected]. 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