[Federal Register Volume 66, Number 26 (Wednesday, February 7, 2001)]
[Rules and Regulations]
[Pages 9203-9206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1824]



[[Page 9203]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-105-1-7404; FRL-6935-3]


Approval and Promulgation of Air Quality State Implementation 
Plans; Texas; Approval of Clean Fuel Fleet Substitution Program 
Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is taking direct final rulemaking action to approve 
the State of Texas' Clean Fuel Fleet (CFF) substitute plan, 
incorporating it into the State Implementation Plan (SIP) under the 
Federal Clean Air Act (CAA). The State's CFF Substitute Plan is 
addressed in the SIP revision submitted on August 27 1998, and 
supplemented with additional technical information in a letter to the 
EPA dated November 17, 2000, by the State of Texas for the purpose of 
establishing a substitute CFF program.

DATES: This direct final rule takes effect on April 9, 2001 without 
further notice, unless EPA receives adverse or critical comments by 
March 9, 2001. If EPA does receive adverse comments, we 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 (6PD-L), at the EPA Region 
6 Office listed below. Copies of documents relevant to this action, 
including the Technical Support Document (TSD) are available for public 
inspection during normal business hours at the following locations.

Environmental Protection Agency, Region 6, Air Planning Section (6PD-
L), 1445 Ross Avenue, Dallas, Texas 75202-2733
Texas Natural Resource Conservation Commission, Office of Air Quality, 
12124 Park 35 Circle, Austin, Texas 78753

    Anyone wanting to examine these documents should make an 
appointment with the appropriate office at least two working days in 
advance.

FOR FURTHER INFORMATION CONTACT: Steven Pratt, Air Planning Section 
(6PD-L), 1445 Ross Avenue, Dallas, Texas 75202-2733. Telephone Number 
(214) 665-2140, E-Mail Address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means EPA. This section is organized as follows:

    1. What action Is the EPA Taking Today?
    2. What is the background?
    3. What did the State submit?
    4. How is Texas meeting the Clean Fuel Fleets Requirements?
    5. Why is EPA approving the Texas Clean Fuel Fleets Substitute 
Plan SIP revision?
    6. How Does Clean Fuel Fleets Affect Air Quality in Texas?
    7. What is the Process for EPA's Approval of this SIP Revision?

1. What Action Is the EPA Taking Today?

    The EPA is approving Texas' CFF Substitute Plan submitted on August 
27 1998, as supplemented with additional technical information in a 
letter to the EPA dated November 17, 2000, into the Texas SIP as 
meeting the requirements of Section 182(c)(4) of the CAA. A detailed 
rationale for this direct final approval is set forth in the 
accompanying Technical Support Document (TSD) available from the U.S. 
EPA Region 6 office.

2. What Is the Background?

    On November 15, 1990, Congress enacted amendments to the 1997 Clean 
Air Act; Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 
7401-7671q. The Federal Clean Fuel Fleet (CFF) program is contained 
under part C, entitled, ``Clean Fuel Vehicles,'' of Title II of the 
Clean Air Act, as amended November 15, 1990. Part C was added to the 
CAA to establish two programs: a clean-fuel vehicle pilot program in 
the State of California (the California Pilot Test Program) and the 
Federal CFF program in certain ozone and carbon monoxide (CO) 
nonattainment areas. Section 182(c)(4) of the CAA, 42 U.S.C. 7511a, 
allows States to opt-out of the Federal CFF program by submitting, for 
EPA approval, a SIP revision consisting of a substitute program 
resulting in as much or greater long term emissions reductions in ozone 
producing and toxic air emissions as the Federal CFF program. The EPA 
may approve such a revision ``only if it consists exclusively of 
provisions other than those required under this Chapter for the area.''
    The State of Texas chose to opt-out of the Federal CFF program in a 
committal SIP revision submitted to EPA on November 15, 1992. In July 
1994, Texas submitted the State's opt-out program in a SIP revision to 
EPA and adopted rules to implement the Texas CFF program. The Texas 
Clean Fuel Fleet SIP was revised based upon State legislation changes 
and resubmitted to EPA on August 6, 1996. On June 20, 1997, the 
supporting legislation for the August 6, 1996, submittal was modified 
and, as a result, the legislative authority in the submittal was no 
longer in effect. On October 17, 1997, we proposed disapproval of the 
Texas Clean Fuel Fleet SIP due to changes in the State law that altered 
the current SIP submittal, and because the State had not made a 
convincing and compelling equivalency determination with the Federal 
CFF program.

3. What Did the State Submit?

    The State submitted a further SIP revision to Chapter 114 and the 
State's plan for implementing a substitute program to opt out of the 
Federal CFF program on August 27, 1998. The revision was adopted after 
reasonable public notice and public hearing as required by sections 
110(a)(2) and 110(l) of the CAA and 40 CFR 51.102(f). In the August 27, 
1998, submittal, Texas also withdrew the August 6, 1996, CFF SIP 
revision. On October 1, 1998, we determined the SIP revision met 
completeness criteria. The State supplemented the SIP with additional 
technical information in a letter to the EPA dated November 17, 2000. 
This additional technical information clarified how the State would 
make up the shortfall for nitrogen oxide ( NOX) and volatile 
organic compound (VOC) emissions between the State's present (August 
27, 1998) CFF program and the Federal CFF program.
    A more detailed discussion of the Texas Clean Fleet program 
elements and control strategy can be found in the TSD.

4. How Is Texas Meeting the Clean Fuel Fleets Requirements?

    Texas has decided to opt out of the Federal CFF program. Texas' CFF 
substitute plan relies on a State fleet program--the Texas Clean Fleet 
(TCF) program--supplemented with additional VOC and NOX 
emission controls.
    The TCF program is a clean fleet program that will be implemented 
in all serious, severe and extreme nonattainment areas in Texas. It is 
similar to the Federal CFF program, but with a number of significant 
differences that, but for the supplemental controls, result in an 
emissions reduction shortfall as compared to the Federal CFF program. 
Key differences include later dates for scheduled low emission vehicles 
(LEV) purchases, number and type of vehicles allowed in a clean fleet, 
exclusions from fleet requirements, and the emissions credit program. 
Modeling of the Federal CFF program and the TCF program was performed 
using a spreadsheet model developed by the TNRCC's Mobile Source 
Section. The

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EPA has reviewed and is accepting the model (refer to the TSD for model 
details). The spreadsheet model estimates the number of low emission 
vehicles and conventional vehicles in each program and extrapolates the 
amount of emission reductions generated by each program through the 
number of LEV's purchased. The estimated shortfalls for the TCF program 
for the 1998-2007 ten-year period for ozone-producing chemicals are 
947.9 total tons (0.38 tons per day (tpd)) for VOC and 848.2 total tons 
(0.34 tpd) for NOX.
    Additional emission controls are used to make up this shortfall 
between the TCF and the Federal CFF programs. These controls, which are 
beyond those required by the CAA, are discussed in the following 
paragraphs.
    The State identified additional VOC emission reductions from VOC 
controls on fugitive emissions and VOC transfer operations totaling 
493.9; 19; and 22.4 tpd for Houston-Galveston (HG), El Paso, and 
Dallas-Fort Worth (DFW) non-attainment areas, respectively. For the ten 
year 1998-2007 period this amounts to 123,475; 5,600; and 4,750 total 
tons for the HG, El Paso, and DFW areas, respectively. These emission 
reductions are achieved through the State requirements codified in 30 
TAC Sections 115.352-115.359, regarding Fugitive Emission Control in 
Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical 
Processes in Ozone Nonattainment Areas, and the State requirements 
codified in 30 TAC Section 115.211(a)(1), regarding Volatile Organic 
Compound Transfer Operations at Gasoline Terminals. 62 FR 27964 (May 
22, 1997). These reductions more than offset the shortfalls for VOCs.
    The State also identified excess NOX emission reductions 
resulting from State mandated reduction requirements placed on electric 
generating facilities (EGFs) by the 76th Texas Legislature in Senate 
Bill 7 for the HG and DFW areas. 65 FR 64914 (October 31, 2000). These 
reductions, combined with other State mandated reductions as detailed 
in the DFW, Beaumont/Port Arthur (BPA), and HG areas SIPs, all in 
excess of those required by the CAA, provide for a 184 tpd reduction in 
the HG area, and a 129 tpd reduction in the DFW area. As El Paso has a 
NOX waiver in place, the combined VOC and NOX 
shortfall can be made up with VOC offsets alone.
    The emission reductions for Texas' implementation of a substitute 
plan greatly exceed the reductions that would have been achieved with 
the Federal CFF program. Therefore, the State's substitute plan will 
meet the Federal CFF requirement for VOC and NOX emissions 
reductions. Details on the calculations for the TCF emission 
reductions, shortfalls and control measures used to make up the 
shortfalls, can be found in the TSD for this rulemaking.

5. Why Is EPA Approving the Texas Clean Fuel Fleets Substitute Plan 
SIP Revision?

    EPA is approving Texas' Clean Fuel Fleets Substitute Plan SIP 
revision because the State has successfully demonstrated that it will 
achieve long term reductions in emissions of ozone producing and toxic 
air pollutants equivalent to those that would have been achieved by the 
Federal CFF program. We agree with the State's emission reduction 
calculations and the modeling it used. Further information on Texas' 
Clean Fuel Fleets Substitute Plan SIP revision and EPA's evaluation of 
the SIP revision can be found in the TSD for this rulemaking Copies of 
this document are available, upon request, from the EPA Regional Office 
listed in the ADDRESSES section of this document.

6. How Does Clean Fuel Fleets Affect Air Quality in Texas?

    EPA's approval of Texas' CFF Substitute Plan will have a positive 
benefit on air quality in Texas. The Texas CFF substitute plan achieves 
equivalent or better long term reductions in emissions of ozone 
producing and toxic air pollutants than the Federal CFF program in the 
DFW, El Paso, and HG ozone nonattainment areas.

7. What Is the Process for EPA's Approval of This SIP Revision?

    EPA is publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, EPA is also publishing a separate document that 
will serve as the proposal to approve this SIP revision should we 
receive relevant adverse. This action will be effective April 9, 2001 
without further notice unless we receive relevant adverse comments by 
March 9, 2001.
    If EPA does receive adverse comments, we will withdraw the direct 
final rule and publish a document stating that the rule will not take 
effect. We will then respond to all public comments received in a 
subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. If you are 
interested in commenting on this action, you should do so at this time. 
If no such comments are received, you should know that this rule will 
be effective on April 9, 2001 and no further action will be taken on 
the proposed rule.
    Nothing in this action should be construed as permitting 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.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. This proposed action merely approves State law as meeting 
federal requirements and imposes no additional requirements beyond 
those imposed by State law. Accordingly, the Administrator certifies 
that this proposed rule will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et. seq.). Because this rule proposes to approve pre-
existing requirements under State law and does not impose any 
additional enforceable duty beyond that required by State law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Public Law 104-4). For the same reason, this proposed rule also 
does not significantly or uniquely affect the communities of tribal 
governments, as specified by Executive Order 13084 (63 FR 27655, May 
10, 1998). This proposed rule will not have substantial direct effects 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government, as specified in Executive Order 13132 
(64 FR 43255, August 10, 1999), because it merely approves a State rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This proposed rule also is not subject to Executive Order 
13045 (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus

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standards (VCS), EPA has no authority to disapprove a SIP submission 
for failure to use VCS. It would thus be inconsistent with applicable 
law for EPA, when it reviews a SIP submission, to use VCS in place of a 
SIP submission that otherwise satisfies the provisions of the Clean Air 
Act. Thus, the requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 
The proposed rule does not involve special consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994). As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
proposed rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. The EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings' issued under the executive order. 
This proposed rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Nitrogen oxides, Ozone, 
Reporting and recordkeeping requirements.

    Dated: January 4, 2001.
Gregg A. Cooke,
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 for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart SS--Texas

    2. In Sec. 52.2270 the table in paragraph (c) is amended by 
revising all of Chapter 114 (Reg 4)--Control of Air Pollution From 
Motor Vehicles, to read as follows:


Sec. 52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
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                                                        State approval/
         State citation               Title/subject     submittal date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
*                  *                  *                  *                  *                  *
                                                        *
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                        Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
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                                            Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
Section 114.1...................  Definitions.........      07/29/1998  [2/7/01 and Federal
                                                                         Register cite].
Section 114.3...................  Low Emission Vehicle      07/29/1998  [2/7/01 and Federal
                                   Fleet Definitions.                    Register cite].
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                              Subchapter E--Low Emission Vehicle Fleet Requirements
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Section 114.150.................  Requirements for          07/29/1998  [2/7/01 and Federal
                                   Mass Transit                          Register cite].
                                   Authorities.
Section 114.151.................  Requirements for          07/29/1998  [2/7/01 and Federal
                                   Local Governments                     Register cite].
                                   and Private Federal
                                   entities.
Section 114.153.................  Exceptions..........      07/29/1998  [2/7/01 and Federal
                                                                         Register cite].
Section 114.154.................  Exceptions for            07/29/1998  [2/7/01 and Federal
                                   Certain Mass                          Register cite].
                                   Transit Authorities.
Section 114.155.................  Reporting...........      07/29/1998  [2/7/01 and Federal
                                                                         Register cite].
Section 114.156.................  Recordkeeping.......      07/29/1998  [2/7/01 and Federal
                                                                         Register cite].
Section 114.157.................  Low Emission Vehicle      07/29/1998  [2/7/01 and Federal
                                   Fleet Program                         Register cite].
                                   Compliance Credits.
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                     Subchapter F--Vehicle Retirement and Mobile Emission Reduction Credits
----------------------------------------------------------------------------------------------------------------
                                  Division 1: Mobile Emission Reduction Credits
----------------------------------------------------------------------------------------------------------------
Section 114.201.................  Mobile Emission           07/29/1998  [2/7/01 and Federal
                                   Reduction Credit                      Register cite].
                                   Program.
Section 114.202.................  Texas Mobile              07/29/1998  [2/7/01 and Federal
                                   Emission Reduction                    Register cite].
                                   Credit Fund.

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                                      Subchapter G--Transportation Planning
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Section 114.260.................  Transportation              12/10/98  7/8/99, 64 FR 36794  1. No action is
                                   Conformity.                                                taken on the
                                                                                              portions of 30 TAC
                                                                                              114.260 that
                                                                                              contain 40 CFR
                                                                                              93.102(c),
                                                                                              93.104(d),
                                                                                              93.109(c)-(f),
                                                                                              93.118(e),
                                                                                              93.120(a)(2),
                                                                                              93.121(a)(1), and
                                                                                              93.124(b). 2.
                                                                                              TNRCC order
                                                                                              (Docket No. 98-
                                                                                              0418 RUL) November
                                                                                              23, 1998.
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[FR Doc. 01-1824 Filed 2-6-01; 8:45 am]
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