[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Rules and Regulations]
[Pages 45542-45545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15607]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-TX-0011; FRL-7948-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Vehicle Inspection and Maintenance Program for Travis and 
Williamson Counties

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving a revision to the State Implementation

[[Page 45543]]

Plan (SIP) submitted by the Chairman of the Texas Commission on 
Environmental Quality (TCEQ) on December 6, 2004. The revision 
incorporates into the SIP a vehicle inspection and maintenance (I/M) 
program for Travis and Williamson Counties. The program is a control 
measure adopted as part of the Austin Early Action Compact (EAC). EPA 
is approving this revision as a strengthening of the SIP, in accordance 
with the requirements of sections 110 and 116 of the Federal Clean Air 
Act (the Act), which will result in emission reductions needed to help 
ensure attainment of the 8-hour National Ambient Air Quality Standard 
(NAAQS) for ozone.

DATES: This final rule is effective on September 7, 2005.

ADDRESSES: EPA has established a docket for this action under Regional 
Material in EDocket (RME) ID No. R06-OAR-2005-TX-0011. All documents in 
the docket are listed in the RME index at http://docket.epa.gov/rmepub/
; once in the system, select ``quick search,'' then type in the 
appropriate RME docket identification number. Although listed in the 
index, some information is not publicly available, i.e., confidential 
business information or other information the disclosure of which is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in RME or in hard copy at the Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made 
available by appointment for public inspection in the Region 6 FOIA 
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays 
except for legal holidays. Contact the person listed in the FOR FURTHER 
INFORMATION CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 
to make an appointment. If possible, please make the appointment at 
least two working days in advance of your visit. There will be a 15 
cents per page fee for making photocopies of documents. On the day of 
the visit, please check in at the EPA Region 6 reception area at 1445 
Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment:
    Texas Commission on Environmental Quality, Office of Air Quality, 
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Carrie Paige, Air Planning Section 
(6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, 
telephone (214) 665-6521, [email protected].

SUPPLEMENTARY INFORMATION:  Throughout this document, wherever ``we,'' 
``our,'' and ``us'' is used, we mean EPA.

Outline

I. Background
II. What Action is EPA Taking?
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On May 23, 2005 (70 FR 29461) EPA published a notice of proposed 
rulemaking (NPRM) proposing to approve revisions to the SIP submitted 
to EPA by the State of Texas. The NPRM proposed approval of the Austin 
EAC area's Clean Air Action Plan (CAAP) and related control measures. 
One of those control measures was a vehicle inspection and maintenance 
(I/M) program in Chapter 114, Subchapter C for Travis and Williamson 
Counties, which are within the Austin EAC area. In the May 23, 2005 
NPRM, EPA provided the public an opportunity to review and comment on 
these revisions. Section VII of the proposal provides a detailed 
description of the vehicle I/M program revisions and the rationale for 
EPA's proposed approval of the program. The public comment period ended 
on June 22, 2005. In this rulemaking, we are taking action on only the 
vehicle I/M program revisions. No comments were received on EPA's 
proposed approval of the I/M program. Final action on EPA's proposed 
approval of the Austin EAC area's CAAP and 8-hour ozone attainment 
demonstration for the EAC area will be addressed in a separate 
rulemaking.

II. What Action Is EPA Taking?

    Today we are approving a revision to the Texas SIP under sections 
110 and 116 of the Act. The revision includes a vehicle I/M program for 
Travis and Williamson Counties, within the Austin EAC area. The I/M 
rule revision is a control strategy that will assist the Austin EAC 
area in achieving reductions in emissions that contribute to the 
formation of ground-level ozone.
    Vehicle I/M programs focus on reducing emissions of NOX 
and VOCs through automobile inspections that lead to repair and 
maintenance of vehicles covered by the program. While I/M programs are 
mandatory for certain ozone nonattainment areas under section 182 of 
the Act, state and local governments may initiate I/M programs 
voluntarily in order to reduce emissions of NOX and VOCs 
from automobiles. Texas adopted rules in Chapter 114, Subchapter C for 
an I/M program that applies only in EAC areas where participation is 
requested by the participating county and the most populous 
municipality in the county. This EAC I/M program is distinct from the 
State's SIP-approved I/M program in Chapter 114, Subchapter B 
applicable to nonattainment areas. Resolutions requesting EAC I/M 
programs were approved and signed by Travis County on March 23, 2004, 
the City of Austin on March 25, 2004, Williamson County on March 23, 
2004, and the City of Round Rock on March 25, 2004.
    The I/M program we are approving today is being incorporated into 
the Texas SIP as part of the State's EAC control strategies to 
voluntarily reduce emissions of NOX and VOCs from 
automobiles in the Austin EAC area. Accordingly, this rule is not being 
approved pursuant to requirements set forth in EPA's final I/M rule at 
40 CFR Part 51, Subpart S, but rather as a strengthening of the SIP. 
EPA's review of the material submitted indicates that the rule is 
approvable to achieve emission reductions within a range of those 
represented in the State's modeling study and attainment demonstration. 
EPA is approving the SIP revision as stated above, to include vehicle 
I/M for Travis and Williamson Counties.

III. Final Action

    EPA is approving the vehicle I/M program for Travis and Williamson 
Counties and will incorporate this revision into the Texas SIP as a 
strengthening of the SIP. This revision will contribute to improvement 
in air quality and attainment of the 8-hour ozone NAAQS in the Austin 
EAC area. We have evaluated the State's submittal and have determined 
that it meets the applicable requirements of the CAA, is consistent 
with EPA policy and the EAC protocol.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason and because this action will not have a significant, adverse 
effect on the supply, distribution, or use of energy, this action is 
also not subject to Executive Order 13211, ``Actions Concerning 
Regulations That

[[Page 45544]]

Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). This 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 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 approves 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 
(Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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). This action 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 rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions under the National Technology Transfer 
and Advancement Act of 1995 (15 U.S.C. 272 note), 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 do not apply. 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.).
    The Congressional Review Act, 5 U.S.C. section 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. 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. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 7, 2005. 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 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Volatile Organic Compounds, Incorporation by reference, 
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: July 29, 2005.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

0
2. The table in Sec.  52.2270(c) entitled ``EPA Approved Regulations in 
the Texas SIP'' is amended under Chapter 114, immediately following 
Section 114.53, by adding a new centered subchapter heading 
``Subchapter C--Vehicle Inspection and Maintenance; Low Income Vehicle 
Repair Assistance Retrofit, and Accelerated Vehicle Retirement Program; 
and Early Action Compact Counties,'' immediately followed by a new 
centered heading ``Division 3--Early Action Compact Counties,'' 
immediately followed by new entries for Sections 114.80, 114.81, 
114.82, 114.83, 114.84, 114.85, 114.86 and 114.87 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     EPA approval date         Explanation
                                                           date
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                        Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
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[[Page 45545]]

 
                                                 * * * * * * *
      Subchapter C--Vehicle Inspection and Maintenance; Low Income Vehicle Repair Assistance, Retrofit, and
                    Accelerated Vehicle Retirement Program; and Early Action Compact Counties
                                    Division 3: Early Action Compact Counties
----------------------------------------------------------------------------------------------------------------
Section 114.80................  Applicability........     11/17/04  8/8/05 [Insert FR      .....................
                                                                     page number where
                                                                     document begins].
Section 114.81................  Vehicle Emissions         11/17/04  8/8/05 [Insert FR      .....................
                                 Inspection                          page number where
                                 Requirements.                       document begins].
Section 114.82................  Control Requirements.     11/17/04  8/8/05 [Insert FR      Subsection 114.82(b)
                                                                     page number where      is NOT part of the
                                                                     document begins].      approved SIP.
Section 114.83................  Waivers and               11/17/04  8/8/05 [Insert FR      .....................
                                 Extensions.                         page number where
                                                                     document begins].
Section 114.84................  Prohibitions.........     11/17/04  8/8/05 [Insert FR      .....................
                                                                     page number where
                                                                     document begins].
Section 114.85................  Equipment Evaluation      11/17/04  8/8/05 [Insert FR      .....................
                                 Procedures for                      page number where
                                 Vehicle Exhaust Gas                 document begins].
                                 Analyzers.
Section 114.86................  Low Income Repair         11/17/04  8/8/05 [Insert FR      .....................
                                 Assistance Program                  page number where
                                 (LIRAP) for                         document begins].
                                 Participating Early
                                 Action Compact
                                 Counties.
Section 114.87................  Inspection and            11/17/04  8/8/05 [Insert FR      .....................
                                 Maintenance Fees.                   page number where
                                                                     document begins].
 
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[FR Doc. 05-15607 Filed 8-5-05; 8:45 am]
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