[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 
[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. 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