[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Rules and Regulations]
[Pages 43264-43266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17478]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2010-0890; FRL- 9914-31-Region-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Control of Air Pollution From Motor Vehicles, Vehicle Inspection 
and Maintenance and Locally Enforced Motor Vehicle Idling Limitations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Texas State Implementation Plan (SIP). The revisions 
to the Texas Administrative Code (TAC) were submitted in 2002, 2005, 
2006, 2008, 2010, 2011 and 2012. These revisions are related to the 
implementation of the state's motor vehicle emissions Inspection and 
Maintenance (I/M) program and the Locally Enforced Motor Vehicle Idling 
Limitations. The EPA is approving these revisions pursuant to the Clean 
Air Act (CAA).

DATES: This final rule is effective on August 25, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2010-0890. All documents in the docket are listed in 
the www.regulations.gov index and in hard copy at EPA Region 6, 1445 
Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI). 
To inspect the hard copy materials, please schedule an appointment with 
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph 
below or Mr. Bill Deese at 214-665-7253.

FOR FURTHER INFORMATION CONTACT: Mr. John Walser (6PD-L), Air Planning 
Section, telephone (214) 665-7128, email: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' means EPA.

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    The background for today's action is discussed in detail in our 
April 15, 2014 proposal (79 FR 21179) and the accompanying Technical 
Support Document. In that notice we proposed to approve submittals that 
revise the Texas State Implementation Plan (SIP) related to the 
implementation of the state's motor vehicle emissions Inspection and 
Maintenance (I/M) program and the Locally Enforced Motor Vehicle Idling 
Limitations. We received no comments on our proposed approval. 
Therefore, we are finalizing our approval as proposed, with the 
exception of the clerical errors noted below. Specifically, we are 
approving submittals dated August 16, 2002, December 30, 2002, November 
14, 2005, May 15, 2006, February 28, 2008, December 22, 2010, August 
30, 2011 and August 31, 2012. These submittals include revised 
narratives, rules, and supporting documentation. We are approving these 
revisions to Title 30 of the Texas Administrative Code (30 TAC). The 
revisions address testing requirements, updating equipment analyzer 
specifications, repealing duplicative I/M waiver rules, withdrawing OBD 
as a contingency measure, repealing an early participation incentive 
program, revising vehicles idling waivers and numerous other 
administrative, non-substantive rule changes that add clarity and 
improve readability of the rules. EPA is approving these revisions 
pursuant to sections 110 and 182 of the CAA.
    The Proposed Action section of our April 15, 2014 proposal 
contained clerical errors. Specifically, that section inadvertently 
lists revisions to Chapter 114 of 30 TAC 114.211, 144.212, 144.213, 
114.214, 114.215, 144.216, 144.217 and 114.219. See 79 FR at 21186. 
However, those sections are not in the SIP; and we are not acting on 
any submittal of those sections at this time. Additionally, we 
incorrectly listed Chapter 114.1 and 114.4 in the Proposed Action 
section of the April 15, 2014 proposal, but we are not taking any 
action on revisions to Section 114.1 or

[[Page 43265]]

114.4 at this time. This action finalizes approval of revisions to only 
30 TAC Sec. Sec.  114.2, 114.50, 114.51, 114.52, 114.53, 114.512, and 
114.517.

II. Final Action

    The EPA is approving revisions to regulations, and updates to the 
I/M portion of the mobile source strategies that control emissions from 
motor vehicles in Texas. We are approving revisions to the following 
sections within Chapter 114 of 30 TAC: 114.2, 114.50, 114.51, 114.52 
(repealed), 114.53, 114.512, and 114.517. We are also approving 
revisions to 37 TAC 23.93. We are approving the following SIP 
revisions, including narratives, that revise the I/M and vehicle idling 
programs: August, 16, 2002, December 30, 2002, November 14, 2005, May 
15, 2006, February 28, 2008, December 22, 2010, August 30, 2011 and 
August 31, 2012. We are approving these SIP revisions except for the 
revisions to 114.50(b)(2) as explained in the discussion of the 
November 14, 2005 submittal in the proposal. The EPA is approving these 
revisions in accordance with sections 110 and 182 of the Act and EPA's 
regulations and consistent with EPA guidance.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action approves state law as meeting federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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. EPA will submit a report containing this action 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. 
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 September 23, 2014. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purpose 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxides, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: July 15, 2014.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR Part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. In Sec.  52.2270:
0
a. In paragraph (c), the table entitled ``EPA Approved Regulations in 
the Texas SIP'' is amended by revising entries for Sections 114.2, 
114.50, 114.51, 114.53, 114.512, 114.517, removing the entry for 
Section 114.52, and adding a new centered heading and entry for Texas 
Department of Public Safety--37 TAC Chapter 23--Vehicle Inspection, and 
Section 23.93 immediately after the entry for Section 17.80.
0
b. In paragraph (e), the second table entitled ``EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas 
SIP'' is amended by adding a new entry to the end of the table for 
Vehicle Inspection and Maintenance.
    The revisions and additions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

[[Page 43266]]



                                    EPA-Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
                                                          approval/
          State citation               Title/Subject      submittal     EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
114.2............................  Inspection and         11/18/2010  7/25/2014 [Insert FR  ....................
                                    Maintenance                        page number where
                                    Definitions.                       document begins].
 
                                                  * * * * * * *
Section 114.50...................  Vehicle Emission       10/26/2005  7/25/2014 [Insert FR  ....................
                                    Inspection                         page number where
                                    Requirements.                      document begins].
114.51...........................  Equipment Evaluation   11/18/2010  7/25/2014 [Insert FR  ....................
                                    Procedures for                     page number where
                                    Vehicle Gas                        document begins].
                                    Analyzers.
114.53...........................  Inspection and         10/26/2005  7/25/2014 [Insert FR  ....................
                                    Maintenance Fees.                  page number where
                                                                       document begins].
 
                                                  * * * * * * *
Section 114.512..................  Control Requirements    7/20/2011  7/25/2014 [Insert FR  ....................
                                    for Motor Vehicle                  page number where
                                    Idling.                            document begins].
Section 114.517..................  Exemptions..........    8/08/2012  7/25/2014 [Insert FR  ....................
                                                                       page number where
                                                                       document begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                    Texas Department of Public Safety--37 TAC Chapter 23--Vehicle Inspection
----------------------------------------------------------------------------------------------------------------
Section 23.93....................  Vehicle Emissions      10/26/2005  7/25/2014 [Insert FR  ....................
                                    Inspection                         page number where
                                    Requirements.                      document begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (e) * * *

              EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                       Applicable
      Name of SIP provision        geographic or non-  State  submittal/   EPA approval date       Comments
                                    attainment area     effective  date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Vehicle Inspection and            Dallas-Fort Worth,          12/22/2010  7/25/2014 [Insert   ..................
 Maintenance.                      El Paso County and                      FR page number
                                   Houston-Galveston-                      where document
                                   Brazoria.                               begins].
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[FR Doc. 2014-17478 Filed 7-24-14; 8:45 am]
BILLING CODE 6560-50-P