[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Rules and Regulations]
[Pages 26754-26757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11900]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0497; FRL-9962-47-Region 6]


Approval and Promulgation of Implementation Plans; Texas Control 
of Air Pollution From Motor Vehicles With Mobile Source Incentive 
Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving revisions to the 
Texas State Implementation Plan (SIP) submitted by the State of Texas 
that pertain to regulations to control air pollution from motor 
vehicles with mobile source incentive programs.

DATES: This rule is effective on September 7, 2017 without further 
notice, unless the EPA receives relevant adverse comment by July 10, 
2017. If the EPA receives such comment, the EPA will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2014-0497, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the Web, cloud, or other file sharing system). For 
additional submission methods, please contact Mr. Randy Pitre, (214) 
665-

[[Page 26755]]

7299, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov 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).

FOR FURTHER INFORMATION CONTACT: Mr. Randy Pitre, 214-665-7299, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Mr. Randy Pitre or Mr. Bill Deese at 214-
665-7253.

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

I. Background

A. CAA and SIPs

    Section 110 of the CAA requires states to develop and submit to the 
EPA a SIP to ensure that state air quality meets National Ambient Air 
Quality Standards. These ambient standards currently address six 
criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead, 
particulate matter, and sulfur dioxide. Each federally-approved SIP 
protects air quality primarily by addressing air pollution at its point 
of origin through air pollution regulations and control strategies. The 
EPA approved SIP regulations and control strategies are federally 
enforceable.

B. Texas' Submittals

    Revisions with changes, additions, and extensions to the Texas SIP 
Mobile Source Incentive Programs found in Title 30 of the Texas 
Administrative Code (30 TAC), Chapter 114, (Control of Air Pollution 
from Motor Vehicles), Subchapter K (Mobile Source Incentive Programs) 
were submitted by the Texas Commission on Environmental Quality (TCEQ) 
on June 11, 2014, December 23, 2014, and September 15, 2016. The June 
11, 2014 submittal (1) revised regulations for the Diesel Emissions 
Reduction Incentive Program for On-Road and Non-Road Vehicles (Division 
3) and the Texas Clean Fleet Program (Division 5), and (2) added 
regulations for a new Drayage Truck Incentive Program (Division 8). The 
December 23, 2014 submittal revised the Texas Clean School Bus Program 
(Division 4) to reflect the extension of this program by the Texas 
Legislature. The September 15, 2016 submittal amended the Drayage Truck 
Incentive Program regulations that were submitted on June 11, 2014.

II. The EPA's Evaluation

    We have prepared a Technical Support Document (TSD) for this 
rulemaking which details our evaluation. Our TSD may be accessed online 
at http://www.regulations.gov, Docket No. EPA-R06-OAR-2014-0497. 
Because the SIP revisions pertain to economic incentive programs to 
reduce air pollution emissions from mobile sources we evaluated them 
using (1) CAA section 182(g) (Economic Incentive Program) (2) our 
policy guidance on economic incentive programs found in 40 CFR part 51, 
subpart U (Economic Incentive Programs) and (3) our guidance document 
``Improving Air Quality with Economic Incentive Programs'' (EPA-452/R-
01-001, January 2001, www.epa.gov/sites/production/files/2015-07/documents/eipfin.pdf). An economic incentive program achieves an air 
quality objective by providing market-based incentives or information 
to emission sources. Three fundamental principles apply to all 
approvable economic incentive programs: Integrity, equity, and 
environmental benefit. Our analysis concluded that the SIP revisions to 
the Texas mobile source incentive programs meet these principles and 
are approvable. The Mobile Source Economic Incentive Programs are 
consistent with the CAA as they will reduce air pollution and emissions 
of NOX, which is a precursor to ozone and particulate 
matter. The emission reductions from replacing vehicles or replacing, 
repowering or retrofitting engines can be quantified, and provide an 
environmental benefit by reducing air pollution emissions by 
encouraging the use of newer diesel technologies in the Texas 
nonattainment areas. If Texas includes emission reductions from these 
programs in future attainment or reasonable further progress SIPs, EPA 
will evaluate the amount of reductions it achieves at that time. We are 
approving the Texas SIP submittals as part of the Texas SIP. A short 
discussion of the programs is discussed below. For more information, 
please see the TSD.

A. Diesel Emissions Reduction Incentive Program for On-Road and Non-
Road Vehicles

    The revisions to this program revise 30 TAC Sections 114.622 and 
114.629. The revisions (1) remove the maximum cost-effectiveness limit 
of $15,000 per ton of emissions of nitrogen oxides (NOX) 
reduced for a project, (2) allow TCEQ to set cost-effectiveness limits 
for projects and (3) add Wise County to the list of counties eligible 
for the program.\1\ Removing the maximum cost-effectiveness limit and 
allowing TCEQ to set the limits allows for selection of eligible 
projects to improve air quality, even if the cost-effectiveness 
increases above $15,000 per ton of NOX. Including Wise 
County in the program ensures that all the Dallas-Fort Worth ozone 
nonattainment counties are in the program.
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    \1\ Wise County was included in the Dallas-Fort Worth ozone 
nonattainment area for the 2008 ozone national ambient air quality 
standard (77 FR 30088, 30147, May 21, 2012).
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B. Texas Clean School Bus Program

    The revisions to this program revise 30 TAC Sections 114.640, 
114.642, 114.644, 114.646 and 114.648 by repealing and replacing 
existing provisions and revising 30 TAC Section 114.648 to clarify that 
the Texas Legislature had extended the program until August 31, 2019. 
Previously 30 TAC 114.648 stated that the program expired on August 31, 
2013, unless the program is extended or reauthorized by the Texas 
Legislature. Other than the clarification of the current program 
expiration date, the revisions did not change the EPA approved SIP 
provisions for this program.

C. Texas Clean Fleet Program

    The revisions to this program revise 30 TAC Sections 114.650, 
114.653 and 114.656. The revisions allow certain projects related to 
agricultural product transportation (i.e., projects for trucks that 
move goods from a farm), to be eligible for the program to replace 
older heavy-duty on-road vehicles. The revisions also include a new 
maximum grant amount for replacement of a heavy-duty on-road vehicle or 
a light-duty on-road vehicle with a grant of up to 80% of the 
replacement vehicle.

D. Drayage Truck Incentive Program

    Drayage refers to the transport of goods over a short distance. 
This program provides financial incentives to encourage owners to 
replace drayage trucks with pre-2007 model engines with drayage trucks 
with 2010 or later model year engines. The intent is to reduce 
emissions from heavy-duty on-road and non-road vehicles used for 
drayage activities through a seaport or rail yard.

III. Final Action

    We are approving revisions to the Texas SIP that pertain to 
regulations to control air pollution from motor

[[Page 26756]]

vehicles with mobile source incentive programs. The revisions were 
submitted on June 11, 2014, December 23, 2014 and September 15, 2016. 
The revisions revise regulations for (1) the Diesel Emissions Reduction 
Incentive Program for On-Road and Non-Road Vehicles (30 TAC Sections 
114.622 and 114.629), (2) the Texas Clean School Bus Program (30 TAC 
Sections 114.640, 114.642, 114.644, 114.646 and 114.648), and (3) the 
Texas Clean Fleet Program (30 TAC Sections 114.650, 114.653 and 
114.656). The revisions also add regulations for Drayage Truck 
Incentive Program (30 TAC Sections 114.680, 114.681 and 114.682), and 
the amendments to 30 TAC Sections 114.680 and 114.682.
    The EPA is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on September 7, 2017 
without further notice unless we receive relevant adverse comment by 
July 10, 2017. If we receive relevant adverse comments, we will publish 
a timely withdrawal in the Federal Register informing the public that 
the rule will not take effect. We will address all public comments in a 
subsequent final rule based on the proposed rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so now. Please note that if we receive relevant 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision may be severed from the remainder of the rule, we may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

IV. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the Texas regulations as described in the Final Action 
section above. We have made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

    Under the CAA, 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, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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. The 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. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 8, 2017. 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).)
    Samuel Coleman was designated the Acting Regional Administrator on 
May 30, 2017 through the order of succession outlined in Regional Order 
R6-1110.13, a copy of which is included in the docket for this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: May 30, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.


0
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(c), the table titled ``EPA Approved Regulations in 
the Texas SIP'' is amended by:
0
a. Revising the centered heading for Chapter 114, Subchapter K, 
Division 3

[[Page 26757]]

and the entries for sections 114.622, 114.629, 114.640, 114.642, 
114.644, 114.646, 114.648, 114.650, 114.653, and 114.656; and
0
b. Adding, after the entry for section 114.658, the centered heading 
for ``Division 8: Drayage Truck Incentive Program'' followed by entries 
for sections 114.680, 114.681, and 114.682.
    The revisions and additions 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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                                                  * * * * * * *
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                        Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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                                 Subchapter K--Mobile Source Incentive Programs
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           Division 3: Diesel Emissions Reduction Incentive Program for On-Road and Non-Road Vehicles
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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Section 114.622...............  Incentive Program          4/9/2014  6/9/2017, [Insert    ......................
                                 Requirements.                        Federal Register
                                                                      citation].
 
                                                  * * * * * * *
Section 114.629...............  Affected Counties          4/9/2014  6/9/2017, [Insert    ......................
                                 and Implementation                   Federal Register
                                 Schedule.                            citation].
----------------------------------------------------------------------------------------------------------------
                                   Division 4: Texas Clean School Bus Program
----------------------------------------------------------------------------------------------------------------
Section 114.640...............  Definitions........       3/26/2014  6/9/2017, [Insert    ......................
                                                                      Federal Register
                                                                      citation].
Section 114.642...............  Applicability......       3/26/2014  6/9/2017, [Insert    ......................
                                                                      Federal Register
                                                                      citation].
Section 114.644...............  Clean School Bus          3/26/2014  6/9/2017, [Insert    ......................
                                 Program                              Federal Register
                                 Requirements.                        citation].
Section 114.646...............  Monitoring,               3/26/2014  6/9/2017, [Insert    ......................
                                 Recordkeeping, and                   Federal Register
                                 Reporting                            citation].
                                 Requirements.
Section 114.648...............  Expiration.........       3/26/2014  6/9/2017, [Insert    ......................
                                                                      Federal Register
                                                                      citation].
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                                      Division 5: Texas Clean Fleet Program
----------------------------------------------------------------------------------------------------------------
Section 114.650...............  Definitions........        4/9/2014  6/9/2017, [Insert    ......................
                                                                      Federal Register
                                                                      citation].
 
                                                  * * * * * * *
Section 114.653...............  Grant Eligibility..        4/9/2014  6/9/2017, [Insert    ......................
                                                                      Federal Register
                                                                      citation].
 
                                                  * * * * * * *
Section 114.656...............  Eligible Grant             4/9/2014  6/9/2017, [Insert    ......................
                                 Amounts.                             Federal Register
                                                                      citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Division 8: Drayage Truck Incentive Program
----------------------------------------------------------------------------------------------------------------
Section 114.680...............  Definitions........        8/3/2016  6/9/2017, [Insert    ......................
                                                                      Federal Register
                                                                      citation].
Section 114.681...............  Applicability......        4/9/2014  6/9/2017, [Insert    ......................
                                                                      Federal Register
                                                                      citation].
Section 114.682...............  Eligible Vehicle           8/3/2016  6/9/2017, [Insert    ......................
                                 Models.                              Federal Register
                                                                      citation].
 
                                                  * * * * * * *
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[FR Doc. 2017-11900 Filed 6-8-17; 8:45 am]
 BILLING CODE 6560-50-P