Approval and Promulgation of Implementation Plans; Texas Control of Air Pollution From Motor Vehicles With Mobile Source Incentive Programs, 26754-26757 [2017-11900]
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26754
Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules and Regulations
to submit additional information, and
any restrictions on further application
for accreditation. If an applicant submits
additional evidence, the Chief Counsel
will consider such evidence and
provide further notice concerning his or
her final decision. The determination of
the Chief Counsel regarding the
qualifications of a prospective service
organization representative, agent, or
attorney may be appealed by the
applicant to the General Counsel.
Appeals must be in writing and filed
with the Office of the General Counsel
(022D), 810 Vermont Avenue NW.,
Washington, DC 20420, not later than 30
days from the date on which the Chief
Counsel’s decision was mailed. In
deciding the appeal, the General
Counsel’s decision shall be limited to
the evidence of record before the Chief
Counsel. A decision of the General
Counsel is a final agency action for
purposes of review under the
Administrative Procedure Act, 5 U.S.C.
701–706.
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§ 14.631
■
[Amended]
4. In § 14.631(d) remove the words
‘‘Regional Counsel of jurisdiction’’ and
add, in their place, the words
‘‘appropriate District Chief Counsel’’.
■
§ 14.633
[Amended]
5. Amend § 14.633 by:
a. In paragraph (e), removing all
references to ‘‘Assistant General’’ and
adding, in each place, the word ‘‘Chief’’.
■ b. In paragraph (e) introductory text,
removing the words ‘‘of jurisdiction’’
and adding in their place, the words
‘‘with subject-matter jurisdiction’’.
■ c. In paragraph (f), removing all
references to ‘‘Assistant General’’ and
adding, in each place, the word ‘‘Chief’’.
■ d. In paragraph (f), removing the
words ‘‘or his or her designee’’ and
adding in their place, the words ‘‘with
subject-matter jurisdiction’’.
■ 6. Amend § 14.636 by:
■ a. In paragraph (i)(2), removing the
words ‘‘Assistant General Counsel’’ and
adding, in their place, the words
‘‘Deputy Chief Counsel with subjectmatter jurisdiction’’.
■ b. Revising paragraph (i)(3) to read as
follows:
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§ 14.636 Payment of fees for
representation by agents and attorneys in
proceedings before Agencies of Original
Jurisdiction and before the Board of
Veterans’ Appeals.
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(i) * * *
(3) The Office of the General Counsel
shall close the record in proceedings to
review fee agreements 15 days after the
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date on which the agent or attorney
served a response on the claimant or
appellant, or 30 days after the claimant,
appellant, or the Office of the General
Counsel served the motion on the agent
or attorney if there is no response. The
Deputy Chief Counsel with subjectmatter jurisdiction may, for a reasonable
period upon a showing of sufficient
cause, extend the time for an agent or
attorney to serve an answer or for a
claimant or appellant to serve a reply.
The Deputy Chief Counsel shall forward
the record and a recommendation to the
General Counsel or his or her designee
for a final decision. Unless either party
files a Notice of Disagreement with the
Office of the General Counsel, the
attorney or agent must refund any
excess payment to the claimant or
appellant not later than the expiration of
the time within which the Office of the
General Counsel’s decision may be
appealed to the Board of Veterans’
Appeals.
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7. Amend § 14.637 by:
a. In paragraph (d)(2) removing the
words ‘‘Assistant General Counsel’’ and
adding, in their place, the words
‘‘Deputy Chief Counsel with subjectmatter jurisdiction’’.
■ b. Revising paragraph (d)(3) to read as
follows:
§ 14.637 Payment of the expenses of
agents and attorneys in proceedings before
Agencies of Original Jurisdiction and
before the Board of Veterans’ Appeals.
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(d) * * *
(3) The Office of the General Counsel
shall close the record in proceedings to
review expenses 15 days after the date
on which the agent or attorney served a
response on the claimant or appellant,
or 30 days after the claimant, appellant,
or the Office of the General Counsel
served the motion on the agent or
attorney if there is no response. The
Deputy Chief Counsel with subjectmatter jurisdiction may, for a reasonable
period upon a showing of sufficient
cause, extend the time for an agent or
attorney to serve an answer or for a
claimant or appellant to serve a reply.
The Deputy Chief Counsel shall forward
the record and a recommendation to the
General Counsel or his or her designee
for a final decision. Unless either party
files a Notice of Disagreement with the
Office of the General Counsel, the
attorney or agent must refund any
excess payment to the claimant or
appellant not later than the expiration of
the time within which the Office of the
General Counsel’s decision may be
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appealed to the Board of Veterans’
Appeals.
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[FR Doc. 2017–11977 Filed 6–8–17; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2014–0497; FRL–9962–47–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas Control
of Air Pollution From Motor Vehicles
With Mobile Source Incentive
Programs
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving revisions to the Texas State
Implementation Plan (SIP) submitted by
the State of Texas that pertain to
regulations to control air pollution from
motor vehicles with mobile source
incentive programs.
DATES: This rule is effective on
September 7, 2017 without further
notice, unless the EPA receives relevant
adverse comment by July 10, 2017. If the
EPA receives such comment, the EPA
will publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2014–0497, at https://
www.regulations.gov or via email to
pitre.randy@epa.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the Web, cloud, or
other file sharing system). For
additional submission methods, please
contact Mr. Randy Pitre, (214) 665–
SUMMARY:
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7299, pitre.randy@epa.gov. For the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Mr.
Randy Pitre, 214–665–7299,
pitre.randy@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Mr. Randy Pitre or
Mr. Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
jstallworth on DSK7TPTVN1PROD with RULES
A. CAA and SIPs
Section 110 of the CAA requires states
to develop and submit to the EPA a SIP
to ensure that state air quality meets
National Ambient Air Quality
Standards. These ambient standards
currently address six criteria pollutants:
Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and
sulfur dioxide. Each federally-approved
SIP protects air quality primarily by
addressing air pollution at its point of
origin through air pollution regulations
and control strategies. The EPA
approved SIP regulations and control
strategies are federally enforceable.
B. Texas’ Submittals
Revisions with changes, additions,
and extensions to the Texas SIP Mobile
Source Incentive Programs found in
Title 30 of the Texas Administrative
Code (30 TAC), Chapter 114, (Control of
Air Pollution from Motor Vehicles),
Subchapter K (Mobile Source Incentive
Programs) were submitted by the Texas
Commission on Environmental Quality
(TCEQ) on June 11, 2014, December 23,
2014, and September 15, 2016. The June
11, 2014 submittal (1) revised
regulations for the Diesel Emissions
Reduction Incentive Program for OnRoad and Non-Road Vehicles (Division
3) and the Texas Clean Fleet Program
(Division 5), and (2) added regulations
for a new Drayage Truck Incentive
Program (Division 8). The December 23,
2014 submittal revised the Texas Clean
School Bus Program (Division 4) to
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reflect the extension of this program by
the Texas Legislature. The September
15, 2016 submittal amended the Drayage
Truck Incentive Program regulations
that were submitted on June 11, 2014.
II. The EPA’s Evaluation
We have prepared a Technical
Support Document (TSD) for this
rulemaking which details our
evaluation. Our TSD may be accessed
online at https://www.regulations.gov,
Docket No. EPA–R06–OAR–2014–0497.
Because the SIP revisions pertain to
economic incentive programs to reduce
air pollution emissions from mobile
sources we evaluated them using (1)
CAA section 182(g) (Economic Incentive
Program) (2) our policy guidance on
economic incentive programs found in
40 CFR part 51, subpart U (Economic
Incentive Programs) and (3) our
guidance document ‘‘Improving Air
Quality with Economic Incentive
Programs’’ (EPA–452/R–01–001,
January 2001, www.epa.gov/sites/
production/files/2015-07/documents/
eipfin.pdf). An economic incentive
program achieves an air quality
objective by providing market-based
incentives or information to emission
sources. Three fundamental principles
apply to all approvable economic
incentive programs: Integrity, equity,
and environmental benefit. Our analysis
concluded that the SIP revisions to the
Texas mobile source incentive programs
meet these principles and are
approvable. The Mobile Source
Economic Incentive Programs are
consistent with the CAA as they will
reduce air pollution and emissions of
NOX, which is a precursor to ozone and
particulate matter. The emission
reductions from replacing vehicles or
replacing, repowering or retrofitting
engines can be quantified, and provide
an environmental benefit by reducing
air pollution emissions by encouraging
the use of newer diesel technologies in
the Texas nonattainment areas. If Texas
includes emission reductions from these
programs in future attainment or
reasonable further progress SIPs, EPA
will evaluate the amount of reductions
it achieves at that time. We are
approving the Texas SIP submittals as
part of the Texas SIP. A short discussion
of the programs is discussed below. For
more information, please see the TSD.
A. Diesel Emissions Reduction Incentive
Program for On-Road and Non-Road
Vehicles
The revisions to this program revise
30 TAC Sections 114.622 and 114.629.
The revisions (1) remove the maximum
cost-effectiveness limit of $15,000 per
ton of emissions of nitrogen oxides
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(NOX) reduced for a project, (2) allow
TCEQ to set cost-effectiveness limits for
projects and (3) add Wise County to the
list of counties eligible for the program.1
Removing the maximum costeffectiveness limit and allowing TCEQ
to set the limits allows for selection of
eligible projects to improve air quality,
even if the cost-effectiveness increases
above $15,000 per ton of NOX. Including
Wise County in the program ensures
that all the Dallas-Fort Worth ozone
nonattainment counties are in the
program.
B. Texas Clean School Bus Program
The revisions to this program revise
30 TAC Sections 114.640, 114.642,
114.644, 114.646 and 114.648 by
repealing and replacing existing
provisions and revising 30 TAC Section
114.648 to clarify that the Texas
Legislature had extended the program
until August 31, 2019. Previously 30
TAC 114.648 stated that the program
expired on August 31, 2013, unless the
program is extended or reauthorized by
the Texas Legislature. Other than the
clarification of the current program
expiration date, the revisions did not
change the EPA approved SIP
provisions for this program.
C. Texas Clean Fleet Program
The revisions to this program revise
30 TAC Sections 114.650, 114.653 and
114.656. The revisions allow certain
projects related to agricultural product
transportation (i.e., projects for trucks
that move goods from a farm), to be
eligible for the program to replace older
heavy-duty on-road vehicles. The
revisions also include a new maximum
grant amount for replacement of a
heavy-duty on-road vehicle or a lightduty on-road vehicle with a grant of up
to 80% of the replacement vehicle.
D. Drayage Truck Incentive Program
Drayage refers to the transport of
goods over a short distance. This
program provides financial incentives to
encourage owners to replace drayage
trucks with pre-2007 model engines
with drayage trucks with 2010 or later
model year engines. The intent is to
reduce emissions from heavy-duty onroad and non-road vehicles used for
drayage activities through a seaport or
rail yard.
III. Final Action
We are approving revisions to the
Texas SIP that pertain to regulations to
control air pollution from motor
1 Wise County was included in the Dallas-Fort
Worth ozone nonattainment area for the 2008 ozone
national ambient air quality standard (77 FR 30088,
30147, May 21, 2012).
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vehicles with mobile source incentive
programs. The revisions were submitted
on June 11, 2014, December 23, 2014
and September 15, 2016. The revisions
revise regulations for (1) the Diesel
Emissions Reduction Incentive Program
for On-Road and Non-Road Vehicles (30
TAC Sections 114.622 and 114.629), (2)
the Texas Clean School Bus Program (30
TAC Sections 114.640, 114.642,
114.644, 114.646 and 114.648), and (3)
the Texas Clean Fleet Program (30 TAC
Sections 114.650, 114.653 and 114.656).
The revisions also add regulations for
Drayage Truck Incentive Program (30
TAC Sections 114.680, 114.681 and
114.682), and the amendments to 30
TAC Sections 114.680 and 114.682.
The EPA is publishing this rule
without prior proposal because we view
this as a non-controversial amendment
and anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
SIP revision if relevant adverse
comments are received. This rule will
be effective on September 7, 2017
without further notice unless we receive
relevant adverse comment by July 10,
2017. If we receive relevant adverse
comments, we will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect. We will address all
public comments in a subsequent final
rule based on the proposed rule. We
will not institute a second comment
period on this action. Any parties
interested in commenting must do so
now. Please note that if we receive
relevant adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
IV. Incorporation by Reference
In this rule, we are finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, we are finalizing the
incorporation by reference of the
revisions to the Texas regulations as
described in the Final Action section
above. We have made, and will continue
to make, these documents generally
available electronically through
www.regulations.gov and/or in hard
copy at the EPA Region 6 office.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
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that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
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Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 8, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
Samuel Coleman was designated the
Acting Regional Administrator on May
30, 2017 through the order of succession
outlined in Regional Order R6–1110.13,
a copy of which is included in the
docket for this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: May 30, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
■
40 CFR part 52 is amended as follows:
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(c), the table titled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended by:
■ a. Revising the centered heading for
Chapter 114, Subchapter K, Division 3
■
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and the entries for sections 114.622,
114.629, 114.640, 114.642, 114.644,
114.646, 114.648, 114.650, 114.653, and
114.656; and
■ b. Adding, after the entry for section
114.658, the centered heading for
§ 52.2270
‘‘Division 8: Drayage Truck Incentive
Program’’ followed by entries for
sections 114.680, 114.681, and 114.682.
The revisions and additions read as
follows:
*
Identification of plan.
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(c) * * *
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EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
State
approval/
submittal date
Title/subject
*
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*
EPA approval date
*
Explanation
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Chapter 114 (Reg 4)—Control of Air Pollution from Motor Vehicles
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Subchapter K—Mobile Source Incentive Programs
Division 3: Diesel Emissions Reduction Incentive Program for On-Road and Non-Road Vehicles
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Section 114.622 .........
Incentive Program Requirements .........
*
Section 114.629 .........
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Affected Counties and Implementation
Schedule.
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4/9/2014
6/9/2017, [Insert Federal Register citation]
4/9/2014
*
*
6/9/2017, [Insert Federal Register citation]
*
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Division 4: Texas Clean School Bus Program
Section 114.640 .........
Section 114.642 .........
Section 114.644 .........
Section 114.646 .........
Section 114.648 .........
Definitions .............................................
Applicability ...........................................
Clean School Bus Program Requirements.
Monitoring, Recordkeeping, and Reporting Requirements.
Expiration ..............................................
3/26/2014
3/26/2014
3/26/2014
6/9/2017, [Insert Federal Register citation]
6/9/2017, [Insert Federal Register citation]
6/9/2017, [Insert Federal Register citation]
3/26/2014
6/9/2017, [Insert Federal Register citation]
3/26/2014
6/9/2017, [Insert Federal Register citation]
Division 5: Texas Clean Fleet Program
Section 114.650 .........
Definitions .............................................
*
Section 114.653 .........
*
*
Grant Eligibility ......................................
*
*
Section 114.656 .........
*
*
Eligible Grant Amounts .........................
*
*
*
*
4/9/2014
6/9/2017, [Insert Federal Register citation]
*
*
6/9/2017, [Insert Federal Register citation]
*
4/9/2014
*
*
6/9/2017, [Insert Federal Register citation]
*
4/9/2014
*
*
*
*
Division 8: Drayage Truck Incentive Program
Section 114.680 .........
Section 114.681 .........
Section 114.682 .........
*
Definitions .............................................
Applicability ...........................................
Eligible Vehicle Models .........................
*
*
8/3/2016
4/9/2014
8/3/2016
*
6/9/2017, [Insert Federal Register citation]
6/9/2017, [Insert Federal Register citation]
6/9/2017, [Insert Federal Register citation]
*
*
[FR Doc. 2017–11900 Filed 6–8–17; 8:45 am]
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Agencies
[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Rules and Regulations]
[Pages 26754-26757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11900]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2014-0497; FRL-9962-47-Region 6]
Approval and Promulgation of Implementation Plans; Texas Control
of Air Pollution From Motor Vehicles With Mobile Source Incentive
Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving revisions to the
Texas State Implementation Plan (SIP) submitted by the State of Texas
that pertain to regulations to control air pollution from motor
vehicles with mobile source incentive programs.
DATES: This rule is effective on September 7, 2017 without further
notice, unless the EPA receives relevant adverse comment by July 10,
2017. If the EPA receives such comment, the EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2014-0497, at https://www.regulations.gov or via email to
pitre.randy@epa.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the Web, cloud, or other file sharing system). For
additional submission methods, please contact Mr. Randy Pitre, (214)
665-
[[Page 26755]]
7299, pitre.randy@epa.gov. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Mr. Randy Pitre, 214-665-7299,
pitre.randy@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Mr. Randy Pitre or Mr. Bill Deese at 214-
665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
A. CAA and SIPs
Section 110 of the CAA requires states to develop and submit to the
EPA a SIP to ensure that state air quality meets National Ambient Air
Quality Standards. These ambient standards currently address six
criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead,
particulate matter, and sulfur dioxide. Each federally-approved SIP
protects air quality primarily by addressing air pollution at its point
of origin through air pollution regulations and control strategies. The
EPA approved SIP regulations and control strategies are federally
enforceable.
B. Texas' Submittals
Revisions with changes, additions, and extensions to the Texas SIP
Mobile Source Incentive Programs found in Title 30 of the Texas
Administrative Code (30 TAC), Chapter 114, (Control of Air Pollution
from Motor Vehicles), Subchapter K (Mobile Source Incentive Programs)
were submitted by the Texas Commission on Environmental Quality (TCEQ)
on June 11, 2014, December 23, 2014, and September 15, 2016. The June
11, 2014 submittal (1) revised regulations for the Diesel Emissions
Reduction Incentive Program for On-Road and Non-Road Vehicles (Division
3) and the Texas Clean Fleet Program (Division 5), and (2) added
regulations for a new Drayage Truck Incentive Program (Division 8). The
December 23, 2014 submittal revised the Texas Clean School Bus Program
(Division 4) to reflect the extension of this program by the Texas
Legislature. The September 15, 2016 submittal amended the Drayage Truck
Incentive Program regulations that were submitted on June 11, 2014.
II. The EPA's Evaluation
We have prepared a Technical Support Document (TSD) for this
rulemaking which details our evaluation. Our TSD may be accessed online
at https://www.regulations.gov, Docket No. EPA-R06-OAR-2014-0497.
Because the SIP revisions pertain to economic incentive programs to
reduce air pollution emissions from mobile sources we evaluated them
using (1) CAA section 182(g) (Economic Incentive Program) (2) our
policy guidance on economic incentive programs found in 40 CFR part 51,
subpart U (Economic Incentive Programs) and (3) our guidance document
``Improving Air Quality with Economic Incentive Programs'' (EPA-452/R-
01-001, January 2001, www.epa.gov/sites/production/files/2015-07/documents/eipfin.pdf). An economic incentive program achieves an air
quality objective by providing market-based incentives or information
to emission sources. Three fundamental principles apply to all
approvable economic incentive programs: Integrity, equity, and
environmental benefit. Our analysis concluded that the SIP revisions to
the Texas mobile source incentive programs meet these principles and
are approvable. The Mobile Source Economic Incentive Programs are
consistent with the CAA as they will reduce air pollution and emissions
of NOX, which is a precursor to ozone and particulate
matter. The emission reductions from replacing vehicles or replacing,
repowering or retrofitting engines can be quantified, and provide an
environmental benefit by reducing air pollution emissions by
encouraging the use of newer diesel technologies in the Texas
nonattainment areas. If Texas includes emission reductions from these
programs in future attainment or reasonable further progress SIPs, EPA
will evaluate the amount of reductions it achieves at that time. We are
approving the Texas SIP submittals as part of the Texas SIP. A short
discussion of the programs is discussed below. For more information,
please see the TSD.
A. Diesel Emissions Reduction Incentive Program for On-Road and Non-
Road Vehicles
The revisions to this program revise 30 TAC Sections 114.622 and
114.629. The revisions (1) remove the maximum cost-effectiveness limit
of $15,000 per ton of emissions of nitrogen oxides (NOX)
reduced for a project, (2) allow TCEQ to set cost-effectiveness limits
for projects and (3) add Wise County to the list of counties eligible
for the program.\1\ Removing the maximum cost-effectiveness limit and
allowing TCEQ to set the limits allows for selection of eligible
projects to improve air quality, even if the cost-effectiveness
increases above $15,000 per ton of NOX. Including Wise
County in the program ensures that all the Dallas-Fort Worth ozone
nonattainment counties are in the program.
---------------------------------------------------------------------------
\1\ Wise County was included in the Dallas-Fort Worth ozone
nonattainment area for the 2008 ozone national ambient air quality
standard (77 FR 30088, 30147, May 21, 2012).
---------------------------------------------------------------------------
B. Texas Clean School Bus Program
The revisions to this program revise 30 TAC Sections 114.640,
114.642, 114.644, 114.646 and 114.648 by repealing and replacing
existing provisions and revising 30 TAC Section 114.648 to clarify that
the Texas Legislature had extended the program until August 31, 2019.
Previously 30 TAC 114.648 stated that the program expired on August 31,
2013, unless the program is extended or reauthorized by the Texas
Legislature. Other than the clarification of the current program
expiration date, the revisions did not change the EPA approved SIP
provisions for this program.
C. Texas Clean Fleet Program
The revisions to this program revise 30 TAC Sections 114.650,
114.653 and 114.656. The revisions allow certain projects related to
agricultural product transportation (i.e., projects for trucks that
move goods from a farm), to be eligible for the program to replace
older heavy-duty on-road vehicles. The revisions also include a new
maximum grant amount for replacement of a heavy-duty on-road vehicle or
a light-duty on-road vehicle with a grant of up to 80% of the
replacement vehicle.
D. Drayage Truck Incentive Program
Drayage refers to the transport of goods over a short distance.
This program provides financial incentives to encourage owners to
replace drayage trucks with pre-2007 model engines with drayage trucks
with 2010 or later model year engines. The intent is to reduce
emissions from heavy-duty on-road and non-road vehicles used for
drayage activities through a seaport or rail yard.
III. Final Action
We are approving revisions to the Texas SIP that pertain to
regulations to control air pollution from motor
[[Page 26756]]
vehicles with mobile source incentive programs. The revisions were
submitted on June 11, 2014, December 23, 2014 and September 15, 2016.
The revisions revise regulations for (1) the Diesel Emissions Reduction
Incentive Program for On-Road and Non-Road Vehicles (30 TAC Sections
114.622 and 114.629), (2) the Texas Clean School Bus Program (30 TAC
Sections 114.640, 114.642, 114.644, 114.646 and 114.648), and (3) the
Texas Clean Fleet Program (30 TAC Sections 114.650, 114.653 and
114.656). The revisions also add regulations for Drayage Truck
Incentive Program (30 TAC Sections 114.680, 114.681 and 114.682), and
the amendments to 30 TAC Sections 114.680 and 114.682.
The EPA is publishing this rule without prior proposal because we
view this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on September 7, 2017
without further notice unless we receive relevant adverse comment by
July 10, 2017. If we receive relevant adverse comments, we will publish
a timely withdrawal in the Federal Register informing the public that
the rule will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive relevant
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.
IV. Incorporation by Reference
In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the
revisions to the Texas regulations as described in the Final Action
section above. We have made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the EPA Region 6 office.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 8, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
Samuel Coleman was designated the Acting Regional Administrator on
May 30, 2017 through the order of succession outlined in Regional Order
R6-1110.13, a copy of which is included in the docket for this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: May 30, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. In Sec. 52.2270(c), the table titled ``EPA Approved Regulations in
the Texas SIP'' is amended by:
0
a. Revising the centered heading for Chapter 114, Subchapter K,
Division 3
[[Page 26757]]
and the entries for sections 114.622, 114.629, 114.640, 114.642,
114.644, 114.646, 114.648, 114.650, 114.653, and 114.656; and
0
b. Adding, after the entry for section 114.658, the centered heading
for ``Division 8: Drayage Truck Incentive Program'' followed by entries
for sections 114.680, 114.681, and 114.682.
The revisions and additions read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject submittal EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter K--Mobile Source Incentive Programs
----------------------------------------------------------------------------------------------------------------
Division 3: Diesel Emissions Reduction Incentive Program for On-Road and Non-Road Vehicles
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 114.622............... Incentive Program 4/9/2014 6/9/2017, [Insert ......................
Requirements. Federal Register
citation].
* * * * * * *
Section 114.629............... Affected Counties 4/9/2014 6/9/2017, [Insert ......................
and Implementation Federal Register
Schedule. citation].
----------------------------------------------------------------------------------------------------------------
Division 4: Texas Clean School Bus Program
----------------------------------------------------------------------------------------------------------------
Section 114.640............... Definitions........ 3/26/2014 6/9/2017, [Insert ......................
Federal Register
citation].
Section 114.642............... Applicability...... 3/26/2014 6/9/2017, [Insert ......................
Federal Register
citation].
Section 114.644............... Clean School Bus 3/26/2014 6/9/2017, [Insert ......................
Program Federal Register
Requirements. citation].
Section 114.646............... Monitoring, 3/26/2014 6/9/2017, [Insert ......................
Recordkeeping, and Federal Register
Reporting citation].
Requirements.
Section 114.648............... Expiration......... 3/26/2014 6/9/2017, [Insert ......................
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
Division 5: Texas Clean Fleet Program
----------------------------------------------------------------------------------------------------------------
Section 114.650............... Definitions........ 4/9/2014 6/9/2017, [Insert ......................
Federal Register
citation].
* * * * * * *
Section 114.653............... Grant Eligibility.. 4/9/2014 6/9/2017, [Insert ......................
Federal Register
citation].
* * * * * * *
Section 114.656............... Eligible Grant 4/9/2014 6/9/2017, [Insert ......................
Amounts. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 8: Drayage Truck Incentive Program
----------------------------------------------------------------------------------------------------------------
Section 114.680............... Definitions........ 8/3/2016 6/9/2017, [Insert ......................
Federal Register
citation].
Section 114.681............... Applicability...... 4/9/2014 6/9/2017, [Insert ......................
Federal Register
citation].
Section 114.682............... Eligible Vehicle 8/3/2016 6/9/2017, [Insert ......................
Models. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-11900 Filed 6-8-17; 8:45 am]
BILLING CODE 6560-50-P