[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Rules and Regulations]
[Pages 8359-8362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03974]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0077; FRL-9974-51--Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Approval of Texas Motor Vehicle Rule Revisions

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)

[[Page 8360]]

is approving revisions submitted by the State of Texas that affect the 
Texas State Implementation Plan (SIP) concerning Texas' motor vehicle 
air pollution rules and retail gasoline dispensing labeling 
requirements for El Paso. The revisions are non-substantive in nature 
and do not affect implementation of federal requirements.

DATES: This rule is effective on May 29, 2018 without further notice, 
unless the EPA receives relevant adverse comment by March 29, 2018. 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-
2017-0077, 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. John Walser, 214-665-
7128, [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. John Walser, 214-665-7128, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Mr. Bill Deese at 214-665-7253.

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

I. Background

    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.

II. The SIP Submittals and EPA's Evaluation

    On July 12, 1995, the Texas Commission on Environmental Quality 
(TCEQ) submitted SIP revisions to EPA that amend 30 Texas 
Administrative Code (TAC) Chapter 114.13 (renumbered to 114.100) \1\ 
which include minor rephrasing regarding gasoline pump dispensing 
labeling dates. Specifically, the revisions modify Sec.  114.100(f)(1) 
and (2) to indicate when the legible labels shall be displayed. See 
Docket EPA-R06-OAR-2017-0077 online at www.regulations.gov for the 
submittal and adopted rules published in the Texas Register (20 TexReg 
3097, April 25, 1995). EPA is approving these minor changes submitted 
to EPA on July 12, 1995. Note, it was discovered in the processing of 
the 2017 SIP revision discussed below that EPA had inadvertently never 
processed the 1995 revision.
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    \1\ See, 63 FR 35839 (July 1, 1998).
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    On January 20, 2017, TCEQ submitted SIP revisions to EPA that amend 
30 TAC Chapter Section 114.100 and 114.305 that make non-substantive, 
minor modifications to the following Sections: Sec.  114.100 (b), (c), 
(d), (e)(1), (e)(2), (f) and 114.305(a) and (c). For example, Sec.  
114.100(c) changes the date ``September 1'' to ``September 1st.'' The 
revision to Sec.  114.100(d) includes replacing the phrase 
``commission, EPA'' with ``executive director, United States 
Environmental Protection Agency (EPA).'' The revision to Sec.  
114.100(e)(2) adds the words ``the active version'' to the beginning of 
the phrase ``American Society for Testing and Materials (ASTM)'' to 
ensure that the most active ASTM version is used for determining the 
oxygen content of fuel.\2\ Revisions to Sec.  114.305(a) ensure that 
the most active current version of the ASTM Test Method for determining 
compliance with the Reid Vapor Pressure (RVP) limits is required 
consistent with industry's current testing practices and state and 
federal law.\3\ We have prepared a TSD for this action which details 
our evaluation. The TSD may be accessed on-line at www.regulations.gov, 
Docket No. EPA-R06-OAR-2017-0077.
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    \2\ The most active current ASTM Test Method is ASTM D4815.
    \3\ Volatility is the property of a liquid fuel that defines its 
evaporation characteristics. RVP is an abbreviation for ``Reid Vapor 
Pressure'', a common measure of and the generic term for gasoline 
volatility. The most active current version of the test for gasoline 
volatility is the ASTM Test Method D5191.
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    Section 211(m) of the Act requires that various States submit 
revisions to their SIPs, and implement oxygenated gasoline programs by 
no later than November 1, 1992. EPA previously approved the State's 
adopted labeling regulations, enforcement procedures, and oxygenate 
test methods in conformity with Federal regulations (See, 59 FR 15683 
(April 4, 1994)). The labeling regulations of retail gasoline pumps 
also may be found at 40 CFR 80.35.\4\ Texas has complied with federal 
requirements and the above revisions function to add further clarity to 
the existing rule language and are approvable.
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    \4\ See ``Notice of Final Oxygenated Fuels Labeling Regulations 
under Section 211(m) of the CAA as Amended--Notice of Final 
Rulemaking.'' (See, 57 FR 47769 (October 20, 1992)).
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III. Final Action

    Pursuant to Sections 110 and 182 of the Act, EPA is approving, 
through a direct final action, revisions to the Texas SIP that were 
submitted on July 12, 1995 and January 20, 2017. We are approving 
revisions to the following sections within Chapter 114 of 30 TAC: 
114.100 and 114.305. We evaluated the state's submittals and determined 
that they meet the applicable requirements of the CAA. Also, in 
accordance with CAA section 110(l), the revisions will not interfere 
with attainment of the NAAQS, reasonable further progress, or any other 
applicable requirement of the CAA.
    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 May 29, 2018 
without further notice unless we receive relevant

[[Page 8361]]

adverse comment by March 29, 2018. 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, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
revisions to the Texas regulations as described in the Final Action 
section above. The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and at the 
EPA Region 6 Office (please contact Mr. John Walser for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the SIP, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference by the Director of the 
Federal Register in the next update to the SIP compilation (62 FR 
27968, May 22, 1997).

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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 April 30, 2018. 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 in 40 CFR Part 52

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

    Dated: February 22, 2018.
Anne Idsal,
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(c), the table entitled ``EPA Approved Regulations 
in the Texas SIP'' is amended by adding a centered heading for 
``Subchapter D--Oxygen Requirements for Gasoline'' under Chapter 114, 
followed by a new entry for Section 114.100; and revising the entry for 
Section 114.305.
    The additions and revisions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

[[Page 8362]]



                                    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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                                                  * * * * * * *
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                                 Subchapter D--Oxygen Requirements for Gasoline
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Section 114.100...............  Oxygenated Fuels.....    1/20/2017  2/27/2018, [Insert     .....................
                                                                     Federal Register
                                                                     citation].
 
                                                  * * * * * * *
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                                        Subchapter H--Low Emission Fuels
                                         Division 1: Gasoline Volatility
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                                                  * * * * * * *
Section 114.305...............  Approved Test Methods    1/20/2017  2/27/2018, [Insert     .....................
                                                                     Federal Register
                                                                     citation].
 
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[FR Doc. 2018-03974 Filed 2-26-18; 8:45 am]
BILLING CODE 6560-50-P