[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Rules and Regulations]
[Pages 26349-26352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11760]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0811; FRL-9994-06-Region 6]


Air Plan Approval; Texas; Control of Air Pollution From Motor 
Vehicles

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 Texas Commission 
on Environmental Quality. The revisions remove rules from the Texas SIP 
that address vehicle anti-tampering requirements and the Low Income 
Repair Assistance Program for certain participating counties.

DATES: This rule is effective on September 4, 2019 without further 
notice, unless the EPA receives relevant adverse comment by July 8, 
2019. 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-
2018-0811, at https://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 Carrie Paige, 214-665-
6521, [email protected]. For the full EPA public comment policy, 
information

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about CBI or multimedia submissions, and general guidance on making 
effective comments, please visit https://www.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 the EPA 
Region 6 Office, 1201 Elm Street, Suite 500, 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: Ms. Carrie Paige, EPA Region 6 Office, 
Infrastructure & Ozone Section, (mail code AR-SI), 1201 Elm Street, 
Suite 500, Dallas, Texas 75270, 214-665-6521, [email protected]. To 
inspect the hard copy materials, please schedule an appointment with 
Ms. Paige or 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 air pollution 
regulations and control strategies to ensure that air quality meets the 
EPA's National Ambient Air Quality Standards (NAAQS). These ambient 
standards are established under CAA section 109 and they currently 
address six criteria pollutants: Carbon monoxide (CO), nitrogen 
dioxide, ozone, lead, particulate matter, and sulfur dioxide. Each 
state is responsible for developing a SIP which provides for the 
implementation, maintenance, and enforcement of the NAAQS. The SIP must 
be submitted to EPA for approval and any changes a state makes to the 
approved SIP also must be submitted to the EPA for approval.
    On November 20, 2018, the Texas Commission on Environmental Quality 
(TCEQ or State) submitted to EPA revisions to the Texas SIP. The 
submitted revisions address removal of two rules within Title 30 of the 
Texas Administrative Code (denoted 30 TAC), Chapter 114 (Control of Air 
Pollution from Motor Vehicles): (1) Subchapter B--Motor Vehicle Anti-
Tampering Requirements; and (2) Subchapter C, Division 3, Section 
114.86--Low Income Repair Assistance Program (LIRAP) for Participating 
Early Action Compact (EAC) Counties.
    The criteria used to evaluate these SIP revisions are found 
primarily in CAA section 110. Section 110(l) of the Act requires that a 
SIP revision submitted to EPA be adopted after reasonable notice and 
public hearing and requires that EPA not approve a SIP revision if the 
revision would interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable 
requirement of the CAA.

II. EPA's Evaluation of the Revisions

A. Revisions to 30 TAC Section 114, Subchapter B

    In the revision submitted on November 20, 2018, the State removes 
Subchapter B (Motor Vehicle Anti-Tampering Requirements) from the SIP 
in its entirety. The section 114 requirements would remain in place in 
the State regulation. The anti-tampering measures restrict removal or 
modification of motor vehicle emission control equipment. The first 
anti-tampering rules in the Texas SIP were adopted by the State and 
submitted to EPA in 1985 (see 54 FR 6286, February 9, 1989). Subsequent 
revisions to the State's anti-tampering rules were submitted to EPA in 
1988, 1989, and 1993, and these revisions were disapproved on February 
10, 1998 (63 FR 6651). The State submitted revisions to EPA in 1997 
that recodified and renumbered the anti-tampering rules in Chapter 114 
to new Subchapter B, which EPA approved into the Texas SIP on July 1, 
1998 (63 FR 35839).\1\ Between 1994 and 2015, the State submitted four 
other revisions to the anti-tampering rules that EPA did not act on and 
those revisions have been withdrawn from our consideration at the 
State's request.\2\
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    \1\ Despite our approval action here, 30 TAC 114 Subchapter B 
(Motor Vehicle Anti-Tampering Requirements) is not visible in Table 
(c) ``EPA Approved Regulations in the Texas SIP'' at 40 CFR 52.2270. 
We believe this was an accidental omission that wasn't noticed until 
now.
    \2\ See our letter to the TCEQ, dated April 10, 2019, in the 
docket for this rulemaking.
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    The anti-tampering measures at 30 TAC 114, Subchapter B are not 
required under the CAA and did not supersede or otherwise modify 
requirements for pollution control devices on motor vehicles. The CAA 
addresses tampering prohibition for emission control equipment for 
motor vehicles and motor vehicle engines at section 203(a)(3) and 
prohibits tampering with any device or element of design installed on 
or in a motor vehicle or motor vehicle engine in compliance with motor 
vehicle emission standards. 42 U.S.C. 7522(a)(3).\3\ In addition, the 
anti-tampering rules in the Texas SIP were not relied upon as a source 
of emissions reductions in any State Air Quality Plan and thus, did not 
contribute toward rate of progress, attainment, or maintenance of the 
NAAQS in Texas (see 54 FR 6286 and 63 FR 35839). Removal of Subchapter 
B from the Texas SIP does not cause a loss in emissions reductions 
because more stringent anti-tampering rules are in place and 
enforceable at the federal level. 42 U.S.C. 7522(a)(3).
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    \3\ The Interim Tampering Enforcement Policy (``Memo 1A''), 
dated June 25, 1974, provides guidance on what constitutes a 
violation of CAA section 203(a)(3). Memo 1A is provided in the 
docket for this rulemaking and posted at https://www.epa.gov/enforcement/interim-tampering-enforcement-policy-memo-1a-june-25-1974.
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B. Revisions to 30 TAC Chapter 114, Subchapter C, Section 114.86

    Vehicle Inspection and Maintenance (I/M) programs are required by 
the CAA for certain ozone and CO nonattainment areas, depending upon 
population and nonattainment classification or design value (see 40 CFR 
51, subpart S). The I/M programs focus on reducing vehicle emissions, 
including nitrogen oxides and volatile organic compounds (precursors to 
ozone formation), through automobile inspections, which lead to repair 
and maintenance of such vehicles. The LIRAP is a voluntary program 
designed to enhance the Texas I/M program. Texas counties implementing 
the Texas I/M program are eligible to opt-in to the LIRAP. The LIRAP 
provides funds to assist eligible vehicle owners with emissions-related 
repairs, retrofits, or the option to retire the vehicle.\4\ Vehicle 
owners in participating counties whose automobiles have failed a recent 
emissions test and who meet the low-income criteria may be eligible to 
receive LIRAP funds. The LIRAP also provides funds for local projects 
targeted at improving air quality in the counties implementing the 
LIRAP. The Federal I/M rules do not require States to implement a LIRAP 
type program. The LIRAP rules are found at 30 TAC 114 Subchapter C, 
Division 2 and are not part of the Texas SIP. It was not necessary to 
include this program in the Texas SIP because it is not required by the 
I/M rules and the State did not rely on reductions from the program in 
any of its air quality programs.
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    \4\ The LIRAP is funded through an additional remittance paid at 
the time of annual vehicle registration as part of the vehicle 
emissions inspection fee by vehicle owners in counties participating 
in the LIRAP.
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    In 2004, Texas adopted rules in Chapter 114, Subchapter C, Division 
3 for an I/M program that applies only in Early Action Compact (EAC) 
areas. Section 114.86 provides local officials in EAC areas the 
opportunity to opt into

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an EAC I/M LIRAP.\5\ The EAC I/M program is distinct from the State's 
SIP-approved I/M program in Chapter 114, Subchapter C, Division 1, 
applicable to nonattainment areas (see 70 FR 45542, August 8, 2005). 
Two Texas counties--Travis and Williamson--adopted the EAC I/M program 
(70 FR 45542).
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    \5\ The EAC program was developed to allow communities an 
opportunity to reduce concentrations of ground level ozone sooner 
than required by the CAA. The program was designed for areas that 
approached or monitored exceedances of the 1997 8-hour ozone 
standard and were in attainment for the 1979 1-hour ozone standard. 
For more information on the EAC, please visit https://archive.epa.gov/airquality/eac/web/html/basic.html.
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    There were no emission reduction credits requested or approved, 
however, for implementation of EAC I/M LIRAP for Travis and Williamson 
counties (see 70 FR 48640, August 19, 2005). In addition, the EAC I/M 
LIRAP is not a CAA requirement and was not relied upon in the SIP to 
demonstrate reasonable further progress, attainment, or maintenance. 
The State is simply removing the EAC I/M LIRAP from the SIP to be 
consistent with the LIRAP rules for nonattainment areas at 30 TAC 114 
Subchapter C, Division 2, which, as discussed previously, are not in 
the Texas SIP.
    The EAC I/M LIRAP rules in 30 TAC 114.86 were adopted as a 
voluntary enhancement to the EAC I/M program. Participation in the 
LIRAP, however, is at the discretion of each eligible county. Under the 
rules currently approved in the SIP, Travis and/or Williamson Counties 
may choose to participate in the EAC I/M LIRAP in any given year at the 
counties' discretion. Due to this uncertainty, the EAC I/M LIRAP was 
adopted into the SIP as a voluntary measure and with no quantified or 
relied upon emissions reductions. As a result, removal of these 
provisions from the SIP to be consistent with the I/M provisions in 
nonattainment counties is reasonable and will not contribute to 
nonattainment or interfere with maintenance.

III. Final Action

    Pursuant to the CAA, the EPA is approving revisions to the Texas 
SIP submitted by the TCEQ on November 20, 2018. The revisions remove 30 
TAC 114, Subchapter B (the Motor Vehicle Anti-tampering Requirements) 
in its entirety; and the LIRAP for Participating EAC Counties at 30 TAC 
114, Section 114.86 from the SIP. These rules both currently remain in 
place at the State level.
    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 4, 2019 
without further notice unless we receive relevant adverse comment by 
July 8, 2019. 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 the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble 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 in the next update to 
the SIP compilation.

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

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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 5, 2019. 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).)
    David Gray was designated the Acting Regional Administrator on May 
28, 2019 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, Ozone, Volatile organic compounds.

    Dated: May 28, 2019.
David Gray,
Acting 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


Sec.  52.2270  [Amended]

0
2. In Sec.  52.2270 the table in paragraph (c) entitled ``EPA Approved 
Regulations in the Texas SIP'' is amended by removing the entry for 
``Section 114.86'' under Chapter 114 (Reg 4)--Control of Air Pollution 
from Motor Vehicles.

[FR Doc. 2019-11760 Filed 6-5-19; 8:45 am]
 BILLING CODE 6560-50-P