[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State has withdrawn the SIP submittal.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]
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