[Federal Register Volume 66, Number 112 (Monday, June 11, 2001)]
[Proposed Rules]
[Pages 31199-31202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14621]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-144-3-7502; FRL-6995-4]


Approval and Promulgation of Air Quality State Implementation 
Plans (SIP); Texas: Motor Vehicle Inspection and Maintenance (I/M) 
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: We, the EPA, are proposing full approval of revisions to the 
Vehicle Inspection and Maintenance (I/M) Program for the Houston-
Galveston ozone nonattainment area (HGA) adopted by the State of Texas. 
The revision replaces the two-speed idle test in Harris County with 
ASM-2, and expands the upgraded I/M program to cover the entire HGA 
nonattainment area. The I/M SIP revision is part of the HGA Attainment 
Demonstration.

DATES: Comments must be received on or before July 11, 2001.

ADDRESSES: Written comments on this action should be addressed to Mr. 
Thomas H. Diggs, Chief, Air Planning Section, at the EPA Regional 
Office listed below. Copies of the documents relevant to this action 
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, Suite 700, Dallas, Texas 75202-2733.
    Texas Natural Resource Conservation Commission, 12100 Park 35 
Circle, Austin, Texas 78711-3087.
    Persons interested in examining these documents should make an 
appointment with the appropriate office at least 24 hours before the 
visiting day.

FOR FURTHER INFORMATION CONTACT: Ms. Sandra G. Rennie, Air Planning 
Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733, telephone (214)665-7367.

SUPPLEMENTARY INFORMATION:

What Is the Status of the Current I/M Program in Texas?

    A low-enhanced vehicle I/M program called the Texas Motorist Choice 
(TMC) Program is operating in the Dallas-Fort Worth, Houston, and El 
Paso ozone nonattainment areas. The program consists of a 2-speed idle 
test and gas cap test in Dallas, Tarrant, Harris, and El Paso counties, 
the core counties of the program. In addition, the program has a remote 
sensing component to identify gross polluters that commute into the 
core counties from Denton and Collin Counties in the Dallas-Fort Worth 
area, and from seven surrounding nonattainment counties in the Houston 
area. An interim conditional approval for this program was proposed on 
October 3, 1996 (61 FR 51651). An interim final conditional approval 
was published on July 11, 1997 (62 FR 37138). The conditions were 
removed from the interim approval on April 23, 1999 (64 FR 19910).
    The State submitted an approvable 18-month demonstration on 
February 8, 1999, as required by the National Highway System 
Designation Act of 1995 (NHSDA), Public Law 104-59, section 348(c)(1). 
The program was not fully approved at that time because one provision 
of the interim approval required that the State provide evidence that 
the remote sensing program be effective in identifying the shortfall in 
number of vehicles needed to make up for the lack of a tailpipe testing 
program in all the nonattainment counties. The State began the remote 
sensing program in October 1998. Because the State submitted this I/M 
SIP revision in which it expands geographic coverage, the requirement 
to cover the shortfall with remote sensing (the final barrier to final 
full approval) is eliminated when the new I/M tests start in each 
county in the HGA.

Why Is the State Submitting This SIP Revision to the I/M Program?

    This I/M SIP revision was submitted as part of the HGA attainment 
demonstration. Modeling has shown that oxides of nitrogen ( 
NOX) reductions are essential to reaching attainment in the 
HGA area. As a result, the Texas Motorist Choice I/M program has been 
revised to include measurement for NOX emissions and to 
provide additional NOX emission reductions by expanding 
coverage of the program to all eight counties within the nonattainment 
area (Harris, Galveston, Brazoria, Fort Bend, Montgomery, Liberty, 
Waller, and Chambers).

What Did the State Submit?

    The I/M SIP revision was submitted under a Governor's letter dated 
December 20, 2001. The State plans to replace the 2-speed idle test in 
the HGA area with the ASM-2 test and expand

[[Page 31200]]

the testing area to include all eight nonattainment counties (Harris, 
Galveston, Brazoria, Fort Bend, Montgomery, Liberty, Waller, and 
Chambers). The SIP revision contains a narrative, rules, modeling, and 
supporting documentation as outlined in the requirements of the Federal 
I/M rules.

What Is an ASM-2 Test?

    Acceleration Simulation Mode, known as ASM, operates the vehicle at 
a steady load and steady speed on a treadmill-type device called a 
dynamometer. The test more accurately simulates real world driving 
conditions than the current two-speed idle test. ASM-2 means that the 
test is performed in both approved testing modes, i.e., operating the 
vehicle at 50% load at 15 MPH (ASM5015) and then operating the vehicle 
at 25% load at 25 MPH (ASM2525). The test measures exhaust 
concentrations for hydrocarbons, carbon monoxide, and NOX. 
Pass/fail standards are based on the chassis model year and engine 
displacement.

EPA's Analysis of Texas's I/M Program

    The EPA reviewed the State's proposal against the requirements 
contained in the Act and Federal I/M rules (40 CFR part 51, subpart S). 
The submittal was also reviewed for administrative completeness under 
criteria contained in Federal rules (40 CFR part 51, appendix V).
    The following analysis addresses how the State submittal fulfills 
the requirements of the Act and the Federal I/M rules. Only the 
sections of the rule for which the State has made changes are 
discussed. All other sections of the I/M SIP remain the same as 
previously approved on an interim basis.
    Legal authority for the State to implement the I/M program 
continues to be granted by Chapter 382 of the Texas Health and Safety 
Code, and Transportation Code sections 502 and 548.

Section 51.350  Applicability

    EPA's regulations establish the minimum geographic scope for 
nonattainment I/M programs based on nonattainment classification and 
area population. As stated previously, the Texas Motorist Choice 
program currently approved in the SIP does not include tailpipe testing 
throughout the urbanized nonattainment areas. The vehicle shortfall is 
covered through a remote sensing program.
    Beginning May 1, 2002, On-Board Diagnostic (OBD) testing was added 
to the low-enhanced, two-speed idle test currently implemented in 
Harris County. The shortfall in vehicle coverage for the HGA 
nonattainment area continues to be made up by remote sensing within 
Harris County to identify gross polluting vehicles commuting in from 
the seven surrounding nonattainment counties. In prior actions on the 
Texas I/M SIP, we said the remote sensing program must prove to be 
effective in identifying and obtaining repairs on the same number of 
vehicles that would be brought in if the program covered the entire 
urbanized area. Otherwise, the Texas I/M core program areas (Harris 
County, Dallas, and Tarrant Counties) must be expanded to include the 
entire urbanized area. (See 61 FR 51659 and 62 FR 37141.) The DFW I/M 
core area is expanded in a SIP revision dated April 25, 2000. The HGA 
I/M core area is being expanded to include the entire eight county 
nonattainment area.
    Beginning May 1, 2002, the State commits to begin vehicle testing 
in Harris County utilizing ASM-2 or a vehicle emissions testing program 
that meets SIP emissions reduction requirements and which is approved 
by EPA. This will be in addition to OBD testing.
    Beginning May 1, 2003, the State will expand the I/M program to 
include the nonattainment counties of Galveston, Brazoria, Fort Bend, 
and Montgomery. These additional counties will transition from 
performing just safety inspections plus gas cap pressure testing to 
also doing OBD and ASM-2 (or other EPA approved) testing as described 
above.
    Beginning May 1, 2004, the State will expand the I/M program to 
include the nonattainment counties of Chambers, Liberty, and Waller. 
These additional counties will transition from doing just safety 
inspections plus gas cap pressure testing, to also doing OBD and ASM-2 
(or other EPA approved) testing as described above.
    As an alternative option for Chambers, Liberty, and Waller 
Counties, the State rule allows any or all of these counties to opt-out 
of I/M and substitute an alternative air control strategy. The county 
or counties as a group will be required to submit a resolution to the 
State. If acceptable, the State will submit a SIP revision containing 
the resolution to EPA for approval. The alternative strategy would be 
based on modeled reductions of VOC and NOX equivalent to the 
reductions that are modeled for the I/M program. If this alternative 
approach is used, the State commits to continue monitoring vehicles 
with remote sensing from non-I/M counties that opted out.
    EPA finds this to be an acceptable approach as long as the 
implemented I/M program covers the urbanized area within the HGA 
Metropolitan Statistical Area and does not rely on the remote sensing 
program for vehicle coverage.
    The State submittal meets the requirements of Sec. 51.350 of the 
Federal I/M regulation for approval.

Section 51.351-352  Low Enhanced I/M Performance Standard

    The State submitted a modeling demonstration using the EPA computer 
model MOBILE5a__H and localized parameters showing that the low 
enhanced performance standard can be met for Volatile Organic Compounds 
(VOCs) and Nitrogen Oxides ( NOX) in the HGA area with the 
ASM-2 test in combination with other I/M components proposed by the 
State. The low enhanced performance standard is established in 40 CFR 
51.351(g). The State modeled with a test and repair program that 
assumes a 100 percent credit for network effectiveness, although the 
compliance rate is estimated at 96 percent. The State submitted an 
approvable 18-month demonstration on February 8, 1999, as required by 
the NHSDA that validated the program credit claimed.
    The State submittal meets the performance standard requirement of 
the Federal I/M regulation for approval.

Section 51.354  Adequate Tools and Resources

    Section 382.037(e) and (k), of the Texas Health and Safety Code, 
authorizes the program to charge an emission inspection fee. The SIP 
narrative also describes the budget, staffing support, and equipment 
that will be added to the existing personnel and budget needed to 
implement the program.
    The State submittal meets the adequate tools and resources 
requirements of the Federal I/M regulations for approval.

Section 51.357  Test Procedures and Standards

    Vehicles tested in all area programs are also subject to an 
antitampering check and a gas cap pressure test. Vehicles that are 
model year 1996 and newer will receive an OBD check. In the HGA I/M 
program area, vehicles that are model year 1995 and older will be 
subject to an ASM-2 loaded mode tailpipe test. The State already 
committed to implementing OBD testing on all 1996 and newer vehicles 
beginning January 1, 2001, in a SIP revision that was approved April 
23, 1999 (64 FR 19910).

[[Page 31201]]

    The State submittal meets this requirement for test procedures and 
standards of the Federal I/M rule.

Section 51.358  Test Equipment

    The revised I/M SIP describes the ASM-2 test equipment that will be 
used in the HGA I/M program area. Specifications are included. The 
equipment will meet EPA specifications as contained in ``Acceleration 
Simulation Mode Test Procedures, Emission Standards, Quality Control 
Requirements, and Equipment Specifications'', (EPA420-P-00-004) July, 
2000.
    The OBD testing equipment will meet all Federal requirements 
contained in 40 CFR 85.2207-2231 and Society of Engineers practices in 
J2962, J1978, and J1979. The OBD equipment will be tethered to the 
emissions analyzer which will automatically record the data into a 
central data collection system.
    The State submittal meets the requirement for test equipment of the 
Federal I/M rule.

Section 51.371  On-Road Testing

    Vehicles commuting into Harris County from the surrounding 
nonattainment counties will continue to be monitored via remote sensing 
through April 30, 2003. Starting May 1, 2003, all subject vehicles in 
Galveston, Brazoria, Fort Bend, and Montgomery County will receive a 
tailpipe emissions test and/or OBD test, as described in this proposal 
and the revised SIP. Vehicles in Waller, Liberty, and Chambers counties 
will continue to be monitored via remote sensing until April 30, 2004. 
Starting May 1, 2004, all subject vehicles in Waller, Liberty, and 
Chambers County will receive a tailpipe emissions test and/or OBD test, 
as described in this proposal and the revised SIP.
    In addition, the State will comply with the on-road testing 
requirements by continuing to use remote sensing to evaluate the on-
road emissions performance of at least 20,000 vehicles (or 0.5 percent 
of the fleet) subject to emissions testing in all I/M program areas. 
All probable high-emitting vehicles which are registered within these 
counties are identified for compliance follow-up.
    The State submittal meets the requirement for on-road testing of 
the Federal I/M rule.

Section 51.373  Implementation Deadlines

    The Texas Motorist Choice Program met the November 15, 1997, start 
date requirement of the NHSDA. The Texas Motorist Choice Program 
started in July 1996 in Dallas and Tarrant Counties and in January 1997 
in Harris and El Paso Counties. It has been operating continuously 
since that time.
    The revised I/M SIP commits to a schedule for start-up of ASM-2 
testing activities and OBD testing. All other aspects of this 
regulation remain the same as previously approved on an interim basis.
    The State submittal meets the compliance with implementation plan 
submission requirements of the Federal I/M regulations for approval.

Notice of Proposed Rulemaking

    Our review of this submittal indicates that the proposed SIP 
revision meets the minimum requirements of the Act and Federal I/M 
rules. Based upon the discussion contained in the previous analysis 
sections and in the Technical Support Document accompanying this 
notice, we find that the State's submittal represents an acceptable 
approach to the I/M requirements and meets the requirements for 
approval. Therefore, we are proposing approval of the I/M SIP revision 
for HGA.
    Nothing in this action should be construed as permitting, 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.

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 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. 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. 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 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.).

[[Page 31202]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

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

    Dated: May 31, 2001.
Gregg A. Cooke,
Regional Administrator, Region 6.
[FR Doc. 01-14621 Filed 6-8-01; 8:45 am]
BILLING CODE 6560-50-U