Approval and Promulgation of Air Quality Implementation Plans; Texas; Approval of Texas Motor Vehicle Rule Revisions, 5287-5291 [2014-01903]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Rules and Regulations
The Postal Service adopts the
following correcting amendments to the
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM), which is incorporated by
reference in the Code of Federal
Regulations. See 39 CFR 111.1.
Accordingly, 39 CFR part 111 is
corrected as follows:
PART 111—[AMENDED]
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM), as follows:
■
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM)
*
*
500
Additional Mailing Services
503
*
Extra Services
*
*
*
*
*
[Revise the title of 14.0 as follows:]
14.0
*
Intelligent Mail Barcode Tracing
*
14.1
*
*
*
*
Basic Information
*
14.1.1
*
*
*
emcdonald on DSK67QTVN1PROD with RULES
[Revise the text of 14.1.1 as follows:]
Participation in Intelligent Mail
barcode (IMb) Tracing service is
available at no charge without a
subscription. Requirements for
participation in IMb Tracing include:
D Use of an IMb on mailpieces
entered as part of a full-service mailing
under 705.24.0.
D Use of a Mailer Identifier that has
been registered (through the Business
Customer Gateway, accessible on
usps.com) to receive scan data.
D Verification by the Postal Service
that the IMb as printed meets all
applicable postal standards.
*
*
*
*
*
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
BILLING CODE 7710–12––P
VerDate Mar<15>2010
17:58 Jan 30, 2014
Jkt 232001
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Approval of Texas Motor Vehicle Rule
Revisions
The Environmental Protection
Agency (EPA) is granting direct final
approval of revisions submitted by the
State of Texas that affect the Texas State
Implementation Plan (SIP) concerning
Texas’ motor vehicle air pollution rules.
Based upon the State’s submitted Texas
clean fuel fleet (TCFF) program
equivalency demonstration that the new
Tier 2 and 2007 heavy-duty diesel
vehicles and engines meet or exceed the
LEV requirement, we are approving the
removal of the TCFF program’s repealed
low emission vehicle (LEV) rules and
mobile emission reduction credit
(MERC) rules from the Texas SIP. We
also are approving the removal of the
Transportation Control Measures (TCM)
substitution repealed rules from the
Texas SIP. We are approving as part of
the SIP a new Texas Clean Fleet (TCF)
program, with submitted revisions, to
incentivize replacement of diesel
vehicles and engines with alternatively
fueled vehicles and engines, including
hybrids.
SUMMARY:
This rule is effective on April 1,
2014 without further notice, unless EPA
receives relevant adverse comment by
March 3, 2014. If EPA receives such
comment, 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–2006–0885, by one of the
following methods:
• www.regulations.gov. Follow the
on-line instructions.
. • Email: John Walser at
walser.john@epa.gov.
• Mail or delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2006–
0885. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
DATES:
General Information
[FR Doc. 2014–01974 Filed 1–30–14; 8:45 am]
[EPA–R06–OAR–2006–0885; FRL—9906–03Region 6]
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
*
40 CFR Part 52
AGENCY:
1. The authority citation for 39 CFR
part 111 continues to read as follows:
■
*
ENVIRONMENTAL PROTECTION
AGENCY
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
5287
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information
through https://www.regulations.gov or
email, if you believe that it is CBI or
otherwise protected from disclosure.
The https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means that EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to EPA without going
through https://www.regulations.gov,
your email address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment along with any disk or CD–
ROM submitted. If EPA cannot read
your comment due to technical
difficulties and cannot contact you for
clarification, EPA may not be able to
consider your comment. Electronic files
should avoid the use of special
characters and any form of encryption
and should be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
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). 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 walser.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we’’ ‘‘us’’ or ‘‘our’’ is used, we mean
the EPA.
Outline
I. Background
II. Analysis of the State’s Submittals
E:\FR\FM\31JAR1.SGM
31JAR1
5288
Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Rules and Regulations
III. Final Action
IV. Statutory and Executive Order Reviews
emcdonald on DSK67QTVN1PROD with RULES
I. Background
This action covers four separate
submittals by the State of Texas. These
include the State’s repeal of its TCFF
LEV rules (May 15, 2006); repeal of the
TCFF MERC rules, and TCM
substitution rule (July 25, 2007); new
Texas Clean Fleet (TCF) rules (March
25, 2010); and revisions to the new TCF
rules (April 13, 2012). These revisions
address Title 30 of the Texas
Administrative Code, Chapter 114
(denoted as 30 TAC 114), which
provides for Control of Air Pollution
from Motor Vehicles in Texas.
Repeal of the TCFF Low-Emission
Vehicle Rules. Texas adopted LEV fleet
rules to meet, in part, the federal Clean
Fuel Fleet program (CFFP)
requirements. The federal CFFP
requirement is contained in the Clean
Air Act (CAA), as amended November
15, 1990. The CAA requires certain
States to adopt and submit to EPA SIP
revisions containing a CFFP for
nonattainment areas with 1980
populations greater than 250,000 that
are classified as serious or worse for
ozone, or which have a design value of
at least 16.0 ppm for carbon monoxide
(CO). Section 182(c)(4) of the CAA, 42
U.S.C. 7511a(c)(4), allows States to optout of the federal CFFP by submitting,
for EPA approval, a SIP revision
consisting of a substitute program
resulting in as much or greater long term
emissions reductions in ozoneproducing and toxic air emissions as the
federal CFFP. In Texas, four 1-hour
ozone nonattainment areas were
classified as serious and above and were
required to implement a CFFP: the
Houston/Galveston/Brazoria Severe 1hour ozone nonattainment area; the
Dallas/Fort Worth Serious 1-hour ozone
nonattainment area; the El Paso Serious
1-hour ozone nonattainment area; and
the Beaumont/Port Arthur Serious area
that has been found to meet the 1-hour
ozone standard and redesignated to
attainment for the 1997 8-hour ozone
standard 1.
1 On October 20, 2010 (75 FR 64675), EPA
approved as part of the BPA SIP, a Texas CFFP
Program Equivalency Demonstration. This
demonstration showed that relying upon EPA’s
data, beginning with the 2006 model year, Tier 2
Light-Duty Vehicles (LDVs), Light-Duty Trucks
(LDTs 1–4), and Medium Duty Passenger Vehicles
(MDPVs) certified to certain Tier 2 bin standards,
to be equivalent to or more stringent than the CFFP
program LEV emission standards. In addition,
Texas demonstrated that Tier 2 LDVs, LDTs 1–4,
and MDPVs certified to other Tier 2 bin standards,
are equivalent to or more stringent than the CFFP
program LEV emission standards. Texas performed
a similar analysis, showing that standards for 2006
and later model years for Otto cycle and diesel
VerDate Mar<15>2010
17:58 Jan 30, 2014
Jkt 232001
For the Houston, Dallas, and El Paso
areas, Texas complied with the federal
CFFP requirement by opting to
implement a substitute program. We
approved a substitute program for these
three areas as part of the Texas SIP on
February 7, 2001 (66 FR 9203). The
SIP’s substitute program covers transit,
local government and private fleets. It
requires transit fleets to ensure that at
least 50% of their fleet vehicles are
certified to meet or exceed the LEV
standards. In addition, local government
and private fleets after September 1,
1998, have to ensure that certain
percentages of their vehicle purchases
be certified by EPA as LEVs. To make
up the shortfall in emissions, the SIP
relies upon excess emission reductions
from state mandated reductions of VOC
from transfer operations at gasoline
terminals in nonattainment areas, and
NOX reductions from electric generating
facilities. In this submittal, Texas has
submitted its repeal of the LEV fleet
portion of the TCFF program
accompanied by an equivalency
demonstration. The remaining
substitute program emission reductions
remain in place in state law and in the
Texas SIP.
Motor Vehicle Emission Reduction
Credit Rules, and Transportation
Control Measures Substitution Rules.
The July 25, 2007 submittal contains
revisions to 30 TAC 114: Control of Air
Pollution from Motor Vehicles in three
specific areas: Repeal of the TCM
substitution program; repeal of the
MERC program portion of the TCFF
program and associated fund and
definitions; and repeal of the Light-duty
Motor Vehicle Purchase or Lease
Incentive Program Vehicle Emissions
Information Brochure requirement for
manufacturers rule (§ 114.618). The
State of Texas accidentally submitted
this brochure repeal since this particular
Program is not part of the SIP;
consequently, we are returning it to the
State.2
Repeal of the TCM substitution
program. Regulations to implement the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU) (January 24, 2008,
73 FR 4420) added a provision to the
heavy-duty vehicles ranging from 8501–14,000
Gross Vehicle Weight Rating are more stringent
than the CFFP program LEV emissions standards for
these vehicles.
2 The State has confirmed that it never submitted
the original Light-duty Motor Vehicle Purchase or
Lease Incentive Program for approval into the SIP.
This Program was never relied upon for any SIP
credits or to meet any CAA requirement. Because
this Program is not part of the SIP and has never
been relied upon, the submitted repeal of a
brochure requirement for this Program clearly was
an inadvertent error by the State.
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
CAA to allow states to substitute or add
TCMs into approved SIPs without the
standard SIP revision process. Thus,
states are no longer required to include
a TCM substitution mechanism in their
SIPs. The submitted revision includes
the repeal of 30 TAC 114.270(f): The
TCM substitution program.
Repeal of the TCFF MERC program.
The TCFF MERC program was approved
into the SIP as an element of the TCFF
program on February 7, 2001 (66 FR
9203). The TCFF MERC program is
unrelated and separate from the Mobile
Emission Reduction Credit Generation
and Certification program found in 30
TAC 101.304 which regulates MERCs
that are generated under the state’s
banking and trading program.
In 2005, the Texas Legislature enacted
Senate Bill (SB) 1032, which repealed
the TCFF program but for the VOC rules
governing transfer operations at gasoline
terminals and the NOX rules governing
electric generating facilities. With the
repeal of the TCFF program, the TCFF
MERC program, the TCFF MERC fund,
and associated definitions are no longer
relevant. These repealed rules are found
in the SIP rules at Chapter 114,
Subchapter A—Definitions, and
Subchapter F—Vehicle Retirement and
Mobile Emission Reduction Credits;
Division 1: Mobile Emission Reduction
Credits.
New Texas Clean Fleet (TCF) Rules
and Revisions. On March 25, 2010, the
TCEQ submitted revisions to 30 TAC
114: Control of Air Pollution from Motor
Vehicles, establishing a new, voluntary
state grant program called the Texas
Clean Fleet (TCF) Program. The
revisions implement SB 1759, adopted
by the 81st Legislature (2009, Regular
Session) which created the TCF
program. This program is designed to
encourage eligible entities to replace onroad diesel-powered vehicles with
vehicles powered by fuels other than
gasoline or diesel. The TCF Program
provides incentives to owners of large
fleets in Texas to replace on-road dieselpowered vehicles with alternative fuel
vehicles including hybrids. The TCF is
a program under the umbrella of the
Texas Emission Reduction Plan (TERP),
which provides financial incentives to
eligible individuals, businesses or local
governments to reduce emissions from
polluting vehicles and equipment.
The April 13, 2012 submittal makes
revisions to the TCF program, including,
but not limited to, the eligibility criteria
and disposition of the replaced vehicles.
II. Analysis of the State’s Submittals
For a detailed analysis of these
submittals, see the Technical Support
Document that accompanies this action.
E:\FR\FM\31JAR1.SGM
31JAR1
emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Rules and Regulations
The TSD may be accessed online at
https://www.regulations.gov, Docket No.
EPA–R06–OAR–2006–0885.
The LEV rules portion of the TCFF
program was repealed by the state and
in the submittal requesting removal of
these LEV rules from the SIP, the State
demonstrates federal emission standards
now are more stringent than the
emission standards for low emission
vehicles (LEV) established under the
TCFF program. We can approve the
removal of the TCFF program’s
associated repealed LEV rules from the
Texas SIP because the submitted
equivalency demonstration shows the
new Tier 2 and 2007 heavy-duty diesel
vehicles and engines meet or exceed the
LEV requirement. See the TSD for
further technical information about the
equivalency demonstration. In addition,
the State continues to meet the CAA
requirement for a CFF program by
retaining the emission reductions from
stationary sources for NOX and VOCs
from the substitute program that more
than cover all emission requirements for
the entire TCFF program. The TCFF
repealed MERC program, its MERC
fund, and associated definitions, which
also are in the SIP, are intertwined with
the SIP’s TCFF Program. The part D SIPs
for the Texas ozone nonattainment areas
did not rely upon any emissions
reductions credits from the TCFF
program and its associated MERC
program in the attainment
demonstrations or to meet reasonable
further progress. We are approving the
removal of the TCFF Program’s repealed
LEV rules and the TCFF Program’s
associated repealed rules for the MERC
program, fund, and definitions from the
Texas SIP. The repealed rules that are
removed from the SIP are 30 TAC 114.4,
and 30 TAC 114.201 and 114.202.
The EPA revised the transportation
conformity rule (40 CFR parts 51 and
93) on January 24, 2008, to address the
transportation conformity-related CAA
amendments made by SAFETEA–LU (73
FR 4420). In addition to amendments to
the transportation conformity
provisions, the SAFETEA–LU added a
provision to the CAA that allows states
to substitute or add TCMs into approved
SIPs without the standard SIP revision
process; see section 176(c)(8) of the Act
and 40 CFR 93.101. Under this Clean
Air Act provision, states are no longer
required to include a TCM substitution
mechanism in their SIPs in order to
expedite the process for making TCM
substitutions. The provision also
provides a streamlined process for
adding TCMs to an approved SIP. EPA
determined that it was not necessary to
promulgate regulations in order to
successfully implement the TCM
VerDate Mar<15>2010
17:58 Jan 30, 2014
Jkt 232001
substitution and additional statutory
provision (73 FR 4420, 4432). See EPA’s
Guidance for Implementing the Clean
Air Act Section 176(c)(8) Transportation
Control Measure Substitution and
Addition Provision.3 We agree with the
state that the change to the CAA
requirements made by the SAFETEA–
LU in 2008 renders a state TCM
substitution program unnecessary.
Therefore, we are approving the removal
of the Texas repealed TCM substitution
Program and its associated repealed
rules from the Texas SIP. Texas now
will rely solely on the federal statute for
future actions. The repealed rule that is
removed from the SIP is 30 TAC
114.270(f).
Because the submitted TCF program
is a voluntary financial incentive
program encouraging the replacement of
large fleets of on-road diesel power
engines with vehicles using fuels other
than gasoline or diesel, to evaluate it,
we used the EPA Guidance: Improving
Air Quality with Economic Incentive
Programs (EIP). An EIP achieves an air
quality objective by providing marketbased incentives or information to
emission sources. Three fundamental
principles apply to all approvable
economic incentive programs: integrity,
equity, and environmental benefit. Our
analysis showed that the provisions of
this new, voluntary incentive program,
and the subsequent revisions, meet the
three fundamental principles for an
acceptable incentive program, and
provide a framework for achieving
emission reductions. See the TSD for
the further analysis. If TCEQ includes
emission reductions from this program
in future attainment or RFP SIPs, EPA
will evaluate the amount of reductions
it achieves at that time. We are
approving the TCF Program and its
associated revisions as part of the Texas
SIP. The rules being approved into the
SIP are 30 TAC 114.650–114.658.
III. Final Action
Pursuant to section 110 of the Act,
EPA is approving four revisions to the
Texas SIP that were submitted on May
15, 2006; July 25, 2007 (but omitting
revision to § 114.618 which was
submitted accidentally and is being
returned to the state); March 25, 2010;
and April 13, 2012. We evaluated the
State’s submittals and determined that
they meet the applicable requirements
of the Clean Air Act (CAA) section 110
and applicable EPA guidance. Approval
of these submittals will not result in any
3 The guidance is posted at https://www.epa.gov/
oms/stateresources/transconf/policy/
420b09002.pdf. The document ID number is EPA–
420–B–09–002, January 2009.
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
5289
increase in ozone concentrations. In
accordance with CAA section 110(l),
these revisions will not interfere with
attainment of the National Ambient Air
Quality Standards (NAAQS), reasonable
further progress, or any other applicable
requirement of the CAA. EPA is
approving the removal of the TCFF
program’s LEV and MERC rules from the
Texas SIP. EPA also is approving the
removal of the TCM substitution rules
from the Texas SIP. Finally, EPA is
approving into the Texas SIP, the new
TCF program and revisions.
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 April 1, 2014 without
further notice unless we receive adverse
comment by March 3, 2014. If we
receive 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 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. 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 Clean Air Act.
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 Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
E:\FR\FM\31JAR1.SGM
31JAR1
5290
Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Rules and Regulations
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 Clean Air Act;
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. 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 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 April 1, 2014.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: January 15, 2014.
Ron Curry,
Regional Administrator, Region 6.
PART 52–APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. In § 52.2270, amend the table in
paragraph (c) entitled ‘‘EPA Approved
Regulations in the Texas SIP’’ is
amended under Chapter 114 (Reg 4)—
Control of Air Pollution from Motor
Vehicles by:
■ a. Revising the entry for Section 114.1;
■ b. Removing the entry for Section
114.3;
■ c. Removing the centered heading
‘‘Subchapter E—Low Emission Vehicle
Fleet Requirements’’ and removing the
entries for Sections 114.150, 114.151,
and 114.153 thru 114.157;
■ d. Removing the centered heading
‘‘Subchapter F—Vehicle Retirement and
Mobile Emission Reduction Credits’’
and removing the centered heading
‘‘Division 1: Mobile Emission Reduction
Credits’’ and removing the entries for
Sections 114.201 and 114.202;
■ e. Immediately following the entry for
Section 114.260, add a new entry for
Section 114.270; and
■ f. Immediately following the entry for
114.648, add a centered heading for
‘‘Division 5: Texas Clean Fleet Program’’
followed by entries for Sections 114.650
to 114.658.
The revisions and additions read as
follows:
■
§ 52.2270
*
40 CFR Part 52 is amended as follows:
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
*
State approval/submittal date
Title/subject
*
*
EPA approval date
*
*
*
Chapter 114 (Reg 4)—Control of Air Pollution from Motor Vehicles
emcdonald on DSK67QTVN1PROD with RULES
Subchapter A—Definitions
Section 114.1 ..........................
VerDate Mar<15>2010
17:58 Jan 30, 2014
Definitions ..............................
Jkt 232001
PO 00000
Frm 00068
6/27/2007
Fmt 4700
Sfmt 4700
1/31/2014 [Insert FR page
number where document
begins].
E:\FR\FM\31JAR1.SGM
Explanation
31JAR1
*
5291
Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Rules and Regulations
EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State citation
State approval/submittal date
Title/subject
*
*
*
*
EPA approval date
*
Explanation
*
*
*
*
*
*
*
*
Subchapter G—Transportation Planning
*
*
*
Section 114.270 ...................... Transportation Control Measures.
*
*
*
6/27/2007
*
*
*
1/31/2014 [Insert FR page
number where document
begins].
*
Subchapter K—Mobile Sources Incentive Programs
*
*
*
*
*
Division 5: Texas Clean Fleet Program
Section 114.650 ......................
Definitions ..............................
3/28/2012
Section 114.651 ......................
Applicability ............................
3/28/2012
Section 114.652 ......................
Qualifying Vehicles ................
3/28/2012
Section 114.653 ......................
Grant Eligibility .......................
3/28/2012
Section 114.654 ......................
Usage and Disposition ...........
3/28/2012
Section 114.655 ......................
Grant Restrictions ..................
2/24/2010
Section 114.656 ......................
Eligible Grant Amounts ..........
2/24/2010
Section 114.657 ......................
Reporting Requirements ........
2/24/2010
Section 114.658 ......................
Implementation Schedule ......
2/24/2010
*
*
*
*
*
ACTION:
1/31/2014 [Insert FR page
number where document
begins].
1/31/2014 [Insert FR page
number where document
begins].
1/31/2014 [Insert FR page
number where document
begins].
1/31/2014 [Insert FR page
number where document
begins].
1/31/2014 [Insert FR page
number where document
begins].
1/31/2014 [Insert FR page
number where document
begins].
1/31/2014 [Insert FR page
number where document
begins].
1/31/2014 [Insert FR page
number where document
begins].
1/31/2014 [Insert FR page
number where document
begins].
Direct final rule.
[FR Doc. 2014–01903 Filed 1–30–14; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
emcdonald on DSK67QTVN1PROD with RULES
40 CFR Part 52
[EPA–R05–OAR–2013–0502; FRL–9905–32–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans;
Wisconsin; Total Suspended
Particulate Matter SIP Revision
Environmental Protection
Agency (EPA).
AGENCY:
VerDate Mar<15>2010
17:58 Jan 30, 2014
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the
Wisconsin State Implementation Plan
(SIP). The SIP revision repeals an
obsolete Total Suspended Particulate
Matter (TSP) rule to align the State’s air
quality standards with the current
National Ambient Air Quality Standards
(NAAQS). This action makes no
substantive changes to the SIP and
imposes no new requirements.
SUMMARY:
BILLING CODE 6560–50–P
Jkt 232001
This direct final rule is effective
April 1, 2014, unless EPA receives
adverse comments by March 3, 2014. If
adverse comments are received, EPA
DATES:
PO 00000
Frm 00069
Fmt 4700
Sfmt 4700
will publish a timely withdrawal of the
direct final rule in the Federal Register,
informing the public that the rule will
not take effect.
Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2013–0502, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: aburano.douglas@epa.gov.
3. Fax: (312) 408–2279.
4. Mail: Douglas Aburano, Chief,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
ADDRESSES:
E:\FR\FM\31JAR1.SGM
31JAR1
]]>Agencies
[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Rules and Regulations]
[Pages 5287-5291]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01903]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2006-0885; FRL--9906-03-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Approval of Texas Motor Vehicle Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is granting direct
final approval of revisions submitted by the State of Texas that affect
the Texas State Implementation Plan (SIP) concerning Texas' motor
vehicle air pollution rules. Based upon the State's submitted Texas
clean fuel fleet (TCFF) program equivalency demonstration that the new
Tier 2 and 2007 heavy-duty diesel vehicles and engines meet or exceed
the LEV requirement, we are approving the removal of the TCFF program's
repealed low emission vehicle (LEV) rules and mobile emission reduction
credit (MERC) rules from the Texas SIP. We also are approving the
removal of the Transportation Control Measures (TCM) substitution
repealed rules from the Texas SIP. We are approving as part of the SIP
a new Texas Clean Fleet (TCF) program, with submitted revisions, to
incentivize replacement of diesel vehicles and engines with
alternatively fueled vehicles and engines, including hybrids.
DATES: This rule is effective on April 1, 2014 without further notice,
unless EPA receives relevant adverse comment by March 3, 2014. If EPA
receives such comment, 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-
2006-0885, by one of the following methods:
www.regulations.gov. Follow the on-line instructions.
. Email: John Walser at walser.john@epa.gov.
Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-0885. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through https://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The https://www.regulations.gov Web site is an ``anonymous access'' system, which
means that EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through https://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment along with any disk or CD-ROM
submitted. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters and any form of encryption and should be free of any
defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
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).
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 walser.john@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we''
``us'' or ``our'' is used, we mean the EPA.
Outline
I. Background
II. Analysis of the State's Submittals
[[Page 5288]]
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
This action covers four separate submittals by the State of Texas.
These include the State's repeal of its TCFF LEV rules (May 15, 2006);
repeal of the TCFF MERC rules, and TCM substitution rule (July 25,
2007); new Texas Clean Fleet (TCF) rules (March 25, 2010); and
revisions to the new TCF rules (April 13, 2012). These revisions
address Title 30 of the Texas Administrative Code, Chapter 114 (denoted
as 30 TAC 114), which provides for Control of Air Pollution from Motor
Vehicles in Texas.
Repeal of the TCFF Low-Emission Vehicle Rules. Texas adopted LEV
fleet rules to meet, in part, the federal Clean Fuel Fleet program
(CFFP) requirements. The federal CFFP requirement is contained in the
Clean Air Act (CAA), as amended November 15, 1990. The CAA requires
certain States to adopt and submit to EPA SIP revisions containing a
CFFP for nonattainment areas with 1980 populations greater than 250,000
that are classified as serious or worse for ozone, or which have a
design value of at least 16.0 ppm for carbon monoxide (CO). Section
182(c)(4) of the CAA, 42 U.S.C. 7511a(c)(4), allows States to opt-out
of the federal CFFP by submitting, for EPA approval, a SIP revision
consisting of a substitute program resulting in as much or greater long
term emissions reductions in ozone-producing and toxic air emissions as
the federal CFFP. In Texas, four 1-hour ozone nonattainment areas were
classified as serious and above and were required to implement a CFFP:
the Houston/Galveston/Brazoria Severe 1-hour ozone nonattainment area;
the Dallas/Fort Worth Serious 1-hour ozone nonattainment area; the El
Paso Serious 1-hour ozone nonattainment area; and the Beaumont/Port
Arthur Serious area that has been found to meet the 1-hour ozone
standard and redesignated to attainment for the 1997 8-hour ozone
standard \1\.
---------------------------------------------------------------------------
\1\ On October 20, 2010 (75 FR 64675), EPA approved as part of
the BPA SIP, a Texas CFFP Program Equivalency Demonstration. This
demonstration showed that relying upon EPA's data, beginning with
the 2006 model year, Tier 2 Light-Duty Vehicles (LDVs), Light-Duty
Trucks (LDTs 1-4), and Medium Duty Passenger Vehicles (MDPVs)
certified to certain Tier 2 bin standards, to be equivalent to or
more stringent than the CFFP program LEV emission standards. In
addition, Texas demonstrated that Tier 2 LDVs, LDTs 1-4, and MDPVs
certified to other Tier 2 bin standards, are equivalent to or more
stringent than the CFFP program LEV emission standards. Texas
performed a similar analysis, showing that standards for 2006 and
later model years for Otto cycle and diesel heavy-duty vehicles
ranging from 8501-14,000 Gross Vehicle Weight Rating are more
stringent than the CFFP program LEV emissions standards for these
vehicles.
---------------------------------------------------------------------------
For the Houston, Dallas, and El Paso areas, Texas complied with the
federal CFFP requirement by opting to implement a substitute program.
We approved a substitute program for these three areas as part of the
Texas SIP on February 7, 2001 (66 FR 9203). The SIP's substitute
program covers transit, local government and private fleets. It
requires transit fleets to ensure that at least 50% of their fleet
vehicles are certified to meet or exceed the LEV standards. In
addition, local government and private fleets after September 1, 1998,
have to ensure that certain percentages of their vehicle purchases be
certified by EPA as LEVs. To make up the shortfall in emissions, the
SIP relies upon excess emission reductions from state mandated
reductions of VOC from transfer operations at gasoline terminals in
nonattainment areas, and NOX reductions from electric
generating facilities. In this submittal, Texas has submitted its
repeal of the LEV fleet portion of the TCFF program accompanied by an
equivalency demonstration. The remaining substitute program emission
reductions remain in place in state law and in the Texas SIP.
Motor Vehicle Emission Reduction Credit Rules, and Transportation
Control Measures Substitution Rules. The July 25, 2007 submittal
contains revisions to 30 TAC 114: Control of Air Pollution from Motor
Vehicles in three specific areas: Repeal of the TCM substitution
program; repeal of the MERC program portion of the TCFF program and
associated fund and definitions; and repeal of the Light-duty Motor
Vehicle Purchase or Lease Incentive Program Vehicle Emissions
Information Brochure requirement for manufacturers rule (Sec.
114.618). The State of Texas accidentally submitted this brochure
repeal since this particular Program is not part of the SIP;
consequently, we are returning it to the State.\2\
---------------------------------------------------------------------------
\2\ The State has confirmed that it never submitted the original
Light-duty Motor Vehicle Purchase or Lease Incentive Program for
approval into the SIP. This Program was never relied upon for any
SIP credits or to meet any CAA requirement. Because this Program is
not part of the SIP and has never been relied upon, the submitted
repeal of a brochure requirement for this Program clearly was an
inadvertent error by the State.
---------------------------------------------------------------------------
Repeal of the TCM substitution program. Regulations to implement
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU) (January 24, 2008, 73 FR 4420) added a
provision to the CAA to allow states to substitute or add TCMs into
approved SIPs without the standard SIP revision process. Thus, states
are no longer required to include a TCM substitution mechanism in their
SIPs. The submitted revision includes the repeal of 30 TAC 114.270(f):
The TCM substitution program.
Repeal of the TCFF MERC program. The TCFF MERC program was approved
into the SIP as an element of the TCFF program on February 7, 2001 (66
FR 9203). The TCFF MERC program is unrelated and separate from the
Mobile Emission Reduction Credit Generation and Certification program
found in 30 TAC 101.304 which regulates MERCs that are generated under
the state's banking and trading program.
In 2005, the Texas Legislature enacted Senate Bill (SB) 1032, which
repealed the TCFF program but for the VOC rules governing transfer
operations at gasoline terminals and the NOX rules governing
electric generating facilities. With the repeal of the TCFF program,
the TCFF MERC program, the TCFF MERC fund, and associated definitions
are no longer relevant. These repealed rules are found in the SIP rules
at Chapter 114, Subchapter A--Definitions, and Subchapter F--Vehicle
Retirement and Mobile Emission Reduction Credits; Division 1: Mobile
Emission Reduction Credits.
New Texas Clean Fleet (TCF) Rules and Revisions. On March 25, 2010,
the TCEQ submitted revisions to 30 TAC 114: Control of Air Pollution
from Motor Vehicles, establishing a new, voluntary state grant program
called the Texas Clean Fleet (TCF) Program. The revisions implement SB
1759, adopted by the 81st Legislature (2009, Regular Session) which
created the TCF program. This program is designed to encourage eligible
entities to replace on-road diesel-powered vehicles with vehicles
powered by fuels other than gasoline or diesel. The TCF Program
provides incentives to owners of large fleets in Texas to replace on-
road diesel-powered vehicles with alternative fuel vehicles including
hybrids. The TCF is a program under the umbrella of the Texas Emission
Reduction Plan (TERP), which provides financial incentives to eligible
individuals, businesses or local governments to reduce emissions from
polluting vehicles and equipment.
The April 13, 2012 submittal makes revisions to the TCF program,
including, but not limited to, the eligibility criteria and disposition
of the replaced vehicles.
II. Analysis of the State's Submittals
For a detailed analysis of these submittals, see the Technical
Support Document that accompanies this action.
[[Page 5289]]
The TSD may be accessed online at https://www.regulations.gov, Docket
No. EPA-R06-OAR-2006-0885.
The LEV rules portion of the TCFF program was repealed by the state
and in the submittal requesting removal of these LEV rules from the
SIP, the State demonstrates federal emission standards now are more
stringent than the emission standards for low emission vehicles (LEV)
established under the TCFF program. We can approve the removal of the
TCFF program's associated repealed LEV rules from the Texas SIP because
the submitted equivalency demonstration shows the new Tier 2 and 2007
heavy-duty diesel vehicles and engines meet or exceed the LEV
requirement. See the TSD for further technical information about the
equivalency demonstration. In addition, the State continues to meet the
CAA requirement for a CFF program by retaining the emission reductions
from stationary sources for NOX and VOCs from the substitute
program that more than cover all emission requirements for the entire
TCFF program. The TCFF repealed MERC program, its MERC fund, and
associated definitions, which also are in the SIP, are intertwined with
the SIP's TCFF Program. The part D SIPs for the Texas ozone
nonattainment areas did not rely upon any emissions reductions credits
from the TCFF program and its associated MERC program in the attainment
demonstrations or to meet reasonable further progress. We are approving
the removal of the TCFF Program's repealed LEV rules and the TCFF
Program's associated repealed rules for the MERC program, fund, and
definitions from the Texas SIP. The repealed rules that are removed
from the SIP are 30 TAC 114.4, and 30 TAC 114.201 and 114.202.
The EPA revised the transportation conformity rule (40 CFR parts 51
and 93) on January 24, 2008, to address the transportation conformity-
related CAA amendments made by SAFETEA-LU (73 FR 4420). In addition to
amendments to the transportation conformity provisions, the SAFETEA-LU
added a provision to the CAA that allows states to substitute or add
TCMs into approved SIPs without the standard SIP revision process; see
section 176(c)(8) of the Act and 40 CFR 93.101. Under this Clean Air
Act provision, states are no longer required to include a TCM
substitution mechanism in their SIPs in order to expedite the process
for making TCM substitutions. The provision also provides a streamlined
process for adding TCMs to an approved SIP. EPA determined that it was
not necessary to promulgate regulations in order to successfully
implement the TCM substitution and additional statutory provision (73
FR 4420, 4432). See EPA's Guidance for Implementing the Clean Air Act
Section 176(c)(8) Transportation Control Measure Substitution and
Addition Provision.\3\ We agree with the state that the change to the
CAA requirements made by the SAFETEA-LU in 2008 renders a state TCM
substitution program unnecessary. Therefore, we are approving the
removal of the Texas repealed TCM substitution Program and its
associated repealed rules from the Texas SIP. Texas now will rely
solely on the federal statute for future actions. The repealed rule
that is removed from the SIP is 30 TAC 114.270(f).
---------------------------------------------------------------------------
\3\ The guidance is posted at https://www.epa.gov/oms/stateresources/transconf/policy/420b09002.pdf. The document ID
number is EPA-420-B-09-002, January 2009.
---------------------------------------------------------------------------
Because the submitted TCF program is a voluntary financial
incentive program encouraging the replacement of large fleets of on-
road diesel power engines with vehicles using fuels other than gasoline
or diesel, to evaluate it, we used the EPA Guidance: Improving Air
Quality with Economic Incentive Programs (EIP). An EIP 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 showed that the provisions of this
new, voluntary incentive program, and the subsequent revisions, meet
the three fundamental principles for an acceptable incentive program,
and provide a framework for achieving emission reductions. See the TSD
for the further analysis. If TCEQ includes emission reductions from
this program in future attainment or RFP SIPs, EPA will evaluate the
amount of reductions it achieves at that time. We are approving the TCF
Program and its associated revisions as part of the Texas SIP. The
rules being approved into the SIP are 30 TAC 114.650-114.658.
III. Final Action
Pursuant to section 110 of the Act, EPA is approving four revisions
to the Texas SIP that were submitted on May 15, 2006; July 25, 2007
(but omitting revision to Sec. 114.618 which was submitted
accidentally and is being returned to the state); March 25, 2010; and
April 13, 2012. We evaluated the State's submittals and determined that
they meet the applicable requirements of the Clean Air Act (CAA)
section 110 and applicable EPA guidance. Approval of these submittals
will not result in any increase in ozone concentrations. In accordance
with CAA section 110(l), these revisions will not interfere with
attainment of the National Ambient Air Quality Standards (NAAQS),
reasonable further progress, or any other applicable requirement of the
CAA. EPA is approving the removal of the TCFF program's LEV and MERC
rules from the Texas SIP. EPA also is approving the removal of the TCM
substitution rules from the Texas SIP. Finally, EPA is approving into
the Texas SIP, the new TCF program and revisions.
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 April 1, 2014
without further notice unless we receive adverse comment by March 3,
2014. If we receive 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 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. 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 Clean Air Act.
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 Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions
[[Page 5290]]
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 Clean Air Act; 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. 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
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 April 1, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: January 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, amend the table in paragraph (c) entitled ``EPA
Approved Regulations in the Texas SIP'' is amended under Chapter 114
(Reg 4)--Control of Air Pollution from Motor Vehicles by:
0
a. Revising the entry for Section 114.1;
0
b. Removing the entry for Section 114.3;
0
c. Removing the centered heading ``Subchapter E--Low Emission Vehicle
Fleet Requirements'' and removing the entries for Sections 114.150,
114.151, and 114.153 thru 114.157;
0
d. Removing the centered heading ``Subchapter F--Vehicle Retirement and
Mobile Emission Reduction Credits'' and removing the centered heading
``Division 1: Mobile Emission Reduction Credits'' and removing the
entries for Sections 114.201 and 114.202;
0
e. Immediately following the entry for Section 114.260, add a new entry
for Section 114.270; and
0
f. Immediately following the entry for 114.648, add a centered heading
for ``Division 5: Texas Clean Fleet Program'' followed by entries for
Sections 114.650 to 114.658.
The revisions and additions read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
Epa Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject submittal date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
----------------------------------------------------------------------------------------------------------------
Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
Section 114.1.................... Definitions........ 6/27/2007 1/31/2014 [Insert
FR page number
where document
begins].
----------------------------------------------------------------------------------------------------------------
[[Page 5291]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter G--Transportation Planning
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 114.270.................. Transportation 6/27/2007 1/31/2014 [Insert
Control Measures. FR page number
where document
begins].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter K--Mobile Sources Incentive Programs
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Division 5: Texas Clean Fleet Program
----------------------------------------------------------------------------------------------------------------
Section 114.650.................. Definitions........ 3/28/2012 1/31/2014 [Insert
FR page number
where document
begins].
Section 114.651.................. Applicability...... 3/28/2012 1/31/2014 [Insert
FR page number
where document
begins].
Section 114.652.................. Qualifying Vehicles 3/28/2012 1/31/2014 [Insert
FR page number
where document
begins].
Section 114.653.................. Grant Eligibility.. 3/28/2012 1/31/2014 [Insert
FR page number
where document
begins].
Section 114.654.................. Usage and 3/28/2012 1/31/2014 [Insert
Disposition. FR page number
where document
begins].
Section 114.655.................. Grant Restrictions. 2/24/2010 1/31/2014 [Insert
FR page number
where document
begins].
Section 114.656.................. Eligible Grant 2/24/2010 1/31/2014 [Insert
Amounts. FR page number
where document
begins].
Section 114.657.................. Reporting 2/24/2010 1/31/2014 [Insert
Requirements. FR page number
where document
begins].
Section 114.658.................. Implementation 2/24/2010 1/31/2014 [Insert
Schedule. FR page number
where document
begins].
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2014-01903 Filed 1-30-14; 8:45 am]
BILLING CODE 6560-50-P
