Air Plan Approval; Texas; Control of Air Pollution From Motor Vehicles, 26349-26352 [2019-11760]

Download as PDF 26349 Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Rules and Regulations a. In paragraph (c), table 2, by revising the entry ‘‘200–0035’’; and ■ b. In paragraph (e), table 5, by: ■ i. Revising the undesignated heading for ‘‘110(a)(2) Infrastructure and Intersate Transport’’; and ■ ii. Adding an entry for ‘‘Infrastructure for the 2015 ozone NAAQS’’ immediately after the entry for ‘‘2015 Ozone NAAQS Interstate Transport’’. ■ The revisions and addition read as follows: § 52.1970 * Identification of plan. * * (c) * * * * * TABLE 2—EPA APPROVED OREGON ADMINISTRATIVE RULES (OAR) 1 State citation Title/subject * State effective date * EPA approval date * * Explanations * * * Division 200—General Air Pollution Procedures and Definitions * 200–0035 * Reference Materials * * 12/11/2018 and 4/ 16/2015. * * * 6/6/2019, [Insert Federal Register citation] and 10/11/2017, 82 FR 47122. * * * * OAR 200–0035(1); OAR 200–0035(2) and (3) previously approved. * * * 1 EPA’s approval is limited to the extent the provisions relate to section 110 of the Clean Air Act and determining compliance with and for purposes of implementation of SIP-approved requirements. * * * * * (e) * * * TABLE 5—STATE OF OREGON AIR QUALITY CONTROL PROGRAM APPROVED BUT NOT INCORPORATED BY REFERENCE Name of SIP provision * Applicable geographic or nonattainment area State submittal date * EPA approval date * * Explanations * * * 110(a)(2) Infrastructure and Interstate Transport * Infrastructure for the 2015 ozone NAAQS. * * Statewide ....... * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2018–0811; FRL–9994–06– Region 6] Air Plan Approval; Texas; Control of Air Pollution From Motor Vehicles Environmental Protection Agency (EPA). ACTION: Direct final rule. khammond on DSKBBV9HB2PROD with RULES 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 SUMMARY: 15:44 Jun 05, 2019 * 6/6/2019, [Insert Federal Register citation]. * [FR Doc. 2019–11765 Filed 6–5–19; 8:45 am] VerDate Sep<11>2014 * 10/21/2018 Jkt 247001 * * * * This action addresses the following CAA section 110(a)(2) elements: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). * the Texas Commission on Environmental Quality. The revisions remove rules from the Texas SIP that address vehicle anti-tampering requirements and the Low Income Repair Assistance Program for certain participating counties. DATES: This rule is effective on September 4, 2019 without further notice, unless the EPA receives relevant adverse comment by July 8, 2019. If the EPA receives such comment, the EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2018–0811, at https:// www.regulations.gov or via email to paige.carrie@epa.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 * * edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact Carrie Paige, 214–665–6521, paige.carrie@epa.gov. For the full EPA public comment policy, information E:\FR\FM\06JNR1.SGM 06JNR1 26350 Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Rules and Regulations about CBI or multimedia submissions, and general guidance on making effective comments, please visit https:// www.epa.gov/dockets/commenting-epadockets. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at the EPA Region 6 Office, 1201 Elm Street, Suite 500, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, EPA Region 6 Office, Infrastructure & Ozone Section, (mail code AR–SI), 1201 Elm Street, Suite 500, Dallas, Texas 75270, 214–665– 6521, paige.carrie@epa.gov. To inspect the hard copy materials, please schedule an appointment with Ms. Paige or Mr. Bill Deese at 214–665–7253. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ means the EPA. khammond on DSKBBV9HB2PROD with RULES I. Background Section 110 of the CAA requires states to develop air pollution regulations and control strategies to ensure that air quality meets the EPA’s National Ambient Air Quality Standards (NAAQS). These ambient standards are established under CAA section 109 and they currently address six criteria pollutants: Carbon monoxide (CO), nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide. Each state is responsible for developing a SIP which provides for the implementation, maintenance, and enforcement of the NAAQS. The SIP must be submitted to EPA for approval and any changes a state makes to the approved SIP also must be submitted to the EPA for approval. On November 20, 2018, the Texas Commission on Environmental Quality (TCEQ or State) submitted to EPA revisions to the Texas SIP. The submitted revisions address removal of two rules within Title 30 of the Texas Administrative Code (denoted 30 TAC), Chapter 114 (Control of Air Pollution from Motor Vehicles): (1) Subchapter B—Motor Vehicle Anti-Tampering Requirements; and (2) Subchapter C, Division 3, Section 114.86—Low Income Repair Assistance Program (LIRAP) for Participating Early Action Compact (EAC) Counties. The criteria used to evaluate these SIP revisions are found primarily in CAA section 110. Section 110(l) of the Act requires that a SIP revision submitted to VerDate Sep<11>2014 15:44 Jun 05, 2019 Jkt 247001 EPA be adopted after reasonable notice and public hearing and requires that EPA not approve a SIP revision if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA. II. EPA’s Evaluation of the Revisions A. Revisions to 30 TAC Section 114, Subchapter B In the revision submitted on November 20, 2018, the State removes Subchapter B (Motor Vehicle AntiTampering Requirements) from the SIP in its entirety. The section 114 requirements would remain in place in the State regulation. The anti-tampering measures restrict removal or modification of motor vehicle emission control equipment. The first antitampering rules in the Texas SIP were adopted by the State and submitted to EPA in 1985 (see 54 FR 6286, February 9, 1989). Subsequent revisions to the State’s anti-tampering rules were submitted to EPA in 1988, 1989, and 1993, and these revisions were disapproved on February 10, 1998 (63 FR 6651). The State submitted revisions to EPA in 1997 that recodified and renumbered the anti-tampering rules in Chapter 114 to new Subchapter B, which EPA approved into the Texas SIP on July 1, 1998 (63 FR 35839).1 Between 1994 and 2015, the State submitted four other revisions to the anti-tampering rules that EPA did not act on and those revisions have been withdrawn from our consideration at the State’s request.2 The anti-tampering measures at 30 TAC 114, Subchapter B are not required under the CAA and did not supersede or otherwise modify requirements for pollution control devices on motor vehicles. The CAA addresses tampering prohibition for emission control equipment for motor vehicles and motor vehicle engines at section 203(a)(3) and prohibits tampering with any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with motor vehicle emission standards. 42 U.S.C. 7522(a)(3).3 In addition, the anti1 Despite our approval action here, 30 TAC 114 Subchapter B (Motor Vehicle Anti-Tampering Requirements) is not visible in Table (c) ‘‘EPA Approved Regulations in the Texas SIP’’ at 40 CFR 52.2270. We believe this was an accidental omission that wasn’t noticed until now. 2 See our letter to the TCEQ, dated April 10, 2019, in the docket for this rulemaking. 3 The Interim Tampering Enforcement Policy (‘‘Memo 1A’’), dated June 25, 1974, provides guidance on what constitutes a violation of CAA section 203(a)(3). Memo 1A is provided in the docket for this rulemaking and posted at https:// PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 tampering rules in the Texas SIP were not relied upon as a source of emissions reductions in any State Air Quality Plan and thus, did not contribute toward rate of progress, attainment, or maintenance of the NAAQS in Texas (see 54 FR 6286 and 63 FR 35839). Removal of Subchapter B from the Texas SIP does not cause a loss in emissions reductions because more stringent anti-tampering rules are in place and enforceable at the federal level. 42 U.S.C. 7522(a)(3). B. Revisions to 30 TAC Chapter 114, Subchapter C, Section 114.86 Vehicle Inspection and Maintenance (I/M) programs are required by the CAA for certain ozone and CO nonattainment areas, depending upon population and nonattainment classification or design value (see 40 CFR 51, subpart S). The I/M programs focus on reducing vehicle emissions, including nitrogen oxides and volatile organic compounds (precursors to ozone formation), through automobile inspections, which lead to repair and maintenance of such vehicles. The LIRAP is a voluntary program designed to enhance the Texas I/M program. Texas counties implementing the Texas I/M program are eligible to opt-in to the LIRAP. The LIRAP provides funds to assist eligible vehicle owners with emissions-related repairs, retrofits, or the option to retire the vehicle.4 Vehicle owners in participating counties whose automobiles have failed a recent emissions test and who meet the lowincome criteria may be eligible to receive LIRAP funds. The LIRAP also provides funds for local projects targeted at improving air quality in the counties implementing the LIRAP. The Federal I/M rules do not require States to implement a LIRAP type program. The LIRAP rules are found at 30 TAC 114 Subchapter C, Division 2 and are not part of the Texas SIP. It was not necessary to include this program in the Texas SIP because it is not required by the I/M rules and the State did not rely on reductions from the program in any of its air quality programs. In 2004, Texas adopted rules in Chapter 114, Subchapter C, Division 3 for an I/M program that applies only in Early Action Compact (EAC) areas. Section 114.86 provides local officials in EAC areas the opportunity to opt into www.epa.gov/enforcement/interim-tamperingenforcement-policy-memo-1a-june-25-1974. 4 The LIRAP is funded through an additional remittance paid at the time of annual vehicle registration as part of the vehicle emissions inspection fee by vehicle owners in counties participating in the LIRAP. E:\FR\FM\06JNR1.SGM 06JNR1 Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Rules and Regulations an EAC I/M LIRAP.5 The EAC I/M program is distinct from the State’s SIPapproved I/M program in Chapter 114, Subchapter C, Division 1, applicable to nonattainment areas (see 70 FR 45542, August 8, 2005). Two Texas counties— Travis and Williamson—adopted the EAC I/M program (70 FR 45542). There were no emission reduction credits requested or approved, however, for implementation of EAC I/M LIRAP for Travis and Williamson counties (see 70 FR 48640, August 19, 2005). In addition, the EAC I/M LIRAP is not a CAA requirement and was not relied upon in the SIP to demonstrate reasonable further progress, attainment, or maintenance. The State is simply removing the EAC I/M LIRAP from the SIP to be consistent with the LIRAP rules for nonattainment areas at 30 TAC 114 Subchapter C, Division 2, which, as discussed previously, are not in the Texas SIP. The EAC I/M LIRAP rules in 30 TAC 114.86 were adopted as a voluntary enhancement to the EAC I/M program. Participation in the LIRAP, however, is at the discretion of each eligible county. Under the rules currently approved in the SIP, Travis and/or Williamson Counties may choose to participate in the EAC I/M LIRAP in any given year at the counties’ discretion. Due to this uncertainty, the EAC I/M LIRAP was adopted into the SIP as a voluntary measure and with no quantified or relied upon emissions reductions. As a result, removal of these provisions from the SIP to be consistent with the I/M provisions in nonattainment counties is reasonable and will not contribute to nonattainment or interfere with maintenance. khammond on DSKBBV9HB2PROD with RULES III. Final Action Pursuant to the CAA, the EPA is approving revisions to the Texas SIP submitted by the TCEQ on November 20, 2018. The revisions remove 30 TAC 114, Subchapter B (the Motor Vehicle Anti-tampering Requirements) in its entirety; and the LIRAP for Participating EAC Counties at 30 TAC 114, Section 114.86 from the SIP. These rules both currently remain in place at the State level. The EPA is publishing this rule without prior proposal because we view this as a non-controversial amendment 5 The EAC program was developed to allow communities an opportunity to reduce concentrations of ground level ozone sooner than required by the CAA. The program was designed for areas that approached or monitored exceedances of the 1997 8-hour ozone standard and were in attainment for the 1979 1-hour ozone standard. For more information on the EAC, please visit https:// archive.epa.gov/airquality/eac/web/html/ basic.html. VerDate Sep<11>2014 15:44 Jun 05, 2019 Jkt 247001 and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the SIP revision if relevant adverse comments are received. This rule will be effective on September 4, 2019 without further notice unless we receive relevant adverse comment by July 8, 2019. If we receive relevant adverse comments, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. We will address all public comments in a subsequent final rule based on the proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so now. Please note that if we receive relevant adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the revisions to the Texas regulations as described in the Final Action section above. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 6 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference in the next update to the SIP compilation. V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 26351 Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must E:\FR\FM\06JNR1.SGM 06JNR1 26352 Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Rules and Regulations submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 5, 2019. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) David Gray was designated the Acting Regional Administrator on May 28, 2019 through the order of succession outlined in Regional Order R6–1110.13, a copy of which is included in the docket for this action. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Ozone, Volatile organic compounds. Dated: May 28, 2019. David Gray, Acting Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart SS—Texas khammond on DSKBBV9HB2PROD with RULES § 52.2270 [Amended] 2. In § 52.2270 the table in paragraph (c) entitled ‘‘EPA Approved Regulations in the Texas SIP’’ is amended by removing the entry for ‘‘Section 114.86’’ under Chapter 114 (Reg 4)—Control of Air Pollution from Motor Vehicles. ■ [FR Doc. 2019–11760 Filed 6–5–19; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 15:44 Jun 05, 2019 Jkt 247001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2017–0674; FRL–9994–08] Penthiopyrad; Pesticide Tolerances Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes tolerances for residues of penthiopyrad in or on multiple commodities that are identified and discussed later in this document. In addition, this regulation removes certain established penthiopyrad tolerances that are superseded by new tolerances established in this final rule. Interregional Research Project Number 4 (IR–4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective June 6, 2019. Objections and requests for hearings must be received on or before August 5, 2019, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). SUMMARY: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2017–0674, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Please review the visitor instructions and additional information about the docket available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). B. How can I get electronic access to other related information? You may access a frequently updated electronic version of EPA’s tolerance regulations at 40 CFR part 180 through the Government Publishing Office’s eCFR site at https://www.ecfr.gov/cgi-bin/ text-idx?&c=ecfr&tpl=/ecfrbrowse/ Title40/40tab_02.tpl. C. How can I file an objection or hearing request? Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA–HQ– OPP–2017–0674 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before August 5, 2019. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b). In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA–HQ–OPP– 2017–0674, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute. E:\FR\FM\06JNR1.SGM 06JNR1

Agencies

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


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving revisions to the 
Texas State Implementation Plan (SIP) submitted by the Texas Commission 
on Environmental Quality. The revisions remove rules from the Texas SIP 
that address vehicle anti-tampering requirements and the Low Income 
Repair Assistance Program for certain participating counties.

DATES: This rule is effective on September 4, 2019 without further 
notice, unless the EPA receives relevant adverse comment by July 8, 
2019. If the EPA receives such comment, the EPA will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0811, at https://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Carrie Paige, 214-665-
6521, [email protected]. For the full EPA public comment policy, 
information

[[Page 26350]]

about CBI or multimedia submissions, and general guidance on making 
effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at the EPA 
Region 6 Office, 1201 Elm Street, Suite 500, Dallas, Texas. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available at either location 
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, EPA Region 6 Office, 
Infrastructure & Ozone Section, (mail code AR-SI), 1201 Elm Street, 
Suite 500, Dallas, Texas 75270, 214-665-6521, [email protected]. To 
inspect the hard copy materials, please schedule an appointment with 
Ms. Paige or Mr. Bill Deese at 214-665-7253.

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

I. Background

    Section 110 of the CAA requires states to develop air pollution 
regulations and control strategies to ensure that air quality meets the 
EPA's National Ambient Air Quality Standards (NAAQS). These ambient 
standards are established under CAA section 109 and they currently 
address six criteria pollutants: Carbon monoxide (CO), nitrogen 
dioxide, ozone, lead, particulate matter, and sulfur dioxide. Each 
state is responsible for developing a SIP which provides for the 
implementation, maintenance, and enforcement of the NAAQS. The SIP must 
be submitted to EPA for approval and any changes a state makes to the 
approved SIP also must be submitted to the EPA for approval.
    On November 20, 2018, the Texas Commission on Environmental Quality 
(TCEQ or State) submitted to EPA revisions to the Texas SIP. The 
submitted revisions address removal of two rules within Title 30 of the 
Texas Administrative Code (denoted 30 TAC), Chapter 114 (Control of Air 
Pollution from Motor Vehicles): (1) Subchapter B--Motor Vehicle Anti-
Tampering Requirements; and (2) Subchapter C, Division 3, Section 
114.86--Low Income Repair Assistance Program (LIRAP) for Participating 
Early Action Compact (EAC) Counties.
    The criteria used to evaluate these SIP revisions are found 
primarily in CAA section 110. Section 110(l) of the Act requires that a 
SIP revision submitted to EPA be adopted after reasonable notice and 
public hearing and requires that EPA not approve a SIP revision if the 
revision would interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable 
requirement of the CAA.

II. EPA's Evaluation of the Revisions

A. Revisions to 30 TAC Section 114, Subchapter B

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

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

    In 2004, Texas adopted rules in Chapter 114, Subchapter C, Division 
3 for an I/M program that applies only in Early Action Compact (EAC) 
areas. Section 114.86 provides local officials in EAC areas the 
opportunity to opt into

[[Page 26351]]

an EAC I/M LIRAP.\5\ The EAC I/M program is distinct from the State's 
SIP-approved I/M program in Chapter 114, Subchapter C, Division 1, 
applicable to nonattainment areas (see 70 FR 45542, August 8, 2005). 
Two Texas counties--Travis and Williamson--adopted the EAC I/M program 
(70 FR 45542).
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    \5\ The EAC program was developed to allow communities an 
opportunity to reduce concentrations of ground level ozone sooner 
than required by the CAA. The program was designed for areas that 
approached or monitored exceedances of the 1997 8-hour ozone 
standard and were in attainment for the 1979 1-hour ozone standard. 
For more information on the EAC, please visit https://archive.epa.gov/airquality/eac/web/html/basic.html.
---------------------------------------------------------------------------

    There were no emission reduction credits requested or approved, 
however, for implementation of EAC I/M LIRAP for Travis and Williamson 
counties (see 70 FR 48640, August 19, 2005). In addition, the EAC I/M 
LIRAP is not a CAA requirement and was not relied upon in the SIP to 
demonstrate reasonable further progress, attainment, or maintenance. 
The State is simply removing the EAC I/M LIRAP from the SIP to be 
consistent with the LIRAP rules for nonattainment areas at 30 TAC 114 
Subchapter C, Division 2, which, as discussed previously, are not in 
the Texas SIP.
    The EAC I/M LIRAP rules in 30 TAC 114.86 were adopted as a 
voluntary enhancement to the EAC I/M program. Participation in the 
LIRAP, however, is at the discretion of each eligible county. Under the 
rules currently approved in the SIP, Travis and/or Williamson Counties 
may choose to participate in the EAC I/M LIRAP in any given year at the 
counties' discretion. Due to this uncertainty, the EAC I/M LIRAP was 
adopted into the SIP as a voluntary measure and with no quantified or 
relied upon emissions reductions. As a result, removal of these 
provisions from the SIP to be consistent with the I/M provisions in 
nonattainment counties is reasonable and will not contribute to 
nonattainment or interfere with maintenance.

III. Final Action

    Pursuant to the CAA, the EPA is approving revisions to the Texas 
SIP submitted by the TCEQ on November 20, 2018. The revisions remove 30 
TAC 114, Subchapter B (the Motor Vehicle Anti-tampering Requirements) 
in its entirety; and the LIRAP for Participating EAC Counties at 30 TAC 
114, Section 114.86 from the SIP. These rules both currently remain in 
place at the State level.
    The EPA is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on September 4, 2019 
without further notice unless we receive relevant adverse comment by 
July 8, 2019. If we receive relevant adverse comments, we will publish 
a timely withdrawal in the Federal Register informing the public that 
the rule will not take effect. We will address all public comments in a 
subsequent final rule based on the proposed rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so now. Please note that if we receive relevant 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision may be severed from the remainder of the rule, we may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
revisions to the Texas regulations as described in the Final Action 
section above. The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and at the 
EPA Region 6 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the SIP, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference in the next update to 
the SIP compilation.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must

[[Page 26352]]

submit a rule report, which includes a copy of the rule, to each House 
of the Congress and to the Comptroller General of the United States. 
The EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. A major rule cannot take effect until 
60 days after it is published in the Federal Register. This action is 
not a ``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 5, 2019. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)
    David Gray was designated the Acting Regional Administrator on May 
28, 2019 through the order of succession outlined in Regional Order R6-
1110.13, a copy of which is included in the docket for this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Volatile organic compounds.

    Dated: May 28, 2019.
David Gray,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart SS--Texas


Sec.  52.2270  [Amended]

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

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