Air Plan Approval; Texas; Revisions to the Texas Diesel Emissions Reduction Incentive Program, 14396-14398 [2021-05329]
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14396
Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Proposed Rules
Dated: February 22, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
For the reasons stated in the
preamble, the Environmental Protection
Agency proposes to amend chapter I,
title 40, of the Code of Federal
Regulations as follows:
PART 49—INDIAN COUNTRY: AIR
QUALITY PLANNING AND
MANAGEMENT
1. The authority citation for part 49
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart L—Implementation plans for
tribes—Region IX
§ 49.5513
■
[Removed and Reserved]
2. Remove and reserve § 49.5513.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
3. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart D—Arizona
§ 52.145
[Amended]
4. Amend § 52.145 by removing and
reserving paragraph (d).
■
[FR Doc. 2021–04352 Filed 3–15–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2020–0713; FRL–10020–
73–Region 6]
Air Plan Approval; Texas; Revisions to
the Texas Diesel Emissions Reduction
Incentive Program
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve a revision to the
Texas State Implementation Plan (SIP)
that pertains to the Texas Diesel
Emissions Reduction Incentive Program,
submitted on August 13, 2020.
DATES: Written comments must be
received on or before April 15, 2021.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2020–0713, at https://
www.regulations.gov or via email to
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young.carl@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 Carl Young, 214–665–6645,
young.carl@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://
www.epa.gov/dockets/commenting-epadockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov. While all
documents in the docket are listed in
the index, some information may not be
publicly available due to docket file size
restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Carl
Young, EPA Region 6 Office,
Infrastructure and Ozone Section, 214–
665–6645, young.carl@epa.gov. Out of
an abundance of caution for members of
the public and our staff, the EPA Region
6 office will be closed to the public to
reduce the risk of transmitting COVID–
19. We encourage the public to submit
comments via https://
www.regulations.gov, as there will be a
delay in processing mail and no courier
or hand deliveries will be accepted.
Please call or email the contact listed
above if you need alternative access to
material indexed but not provided in
the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
Section 110 of the CAA requires states
to develop and submit to the EPA a SIP
to ensure that state air quality meets
National Ambient Air Quality Standards
(NAAQS). These ambient standards
currently address six criteria pollutants:
Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and
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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.
An Economic Incentive Program (EIP)
is a program that uses market-based
strategies to reduce emissions of air
pollutants.1 The Texas Diesel Emissions
Reduction Incentive Program (DERIP)
for On-Road and Non-Road Vehicles is
part of the Texas Emissions Reduction
Program (TERP) that was established by
the Texas Legislature in 2001 and
approved in the Texas SIP as an
economic incentive program (70 FR
48647, August 19, 2005). DERIP
provides grants to eligible individuals,
businesses, or local governments to
reduce emissions from diesel-powered
vehicles and equipment in areas
designated as nonattainment for a
NAAQS or other counties identified by
the Texas Legislature.2
In 2019 the Texas Legislature revised
the eligibility requirements for DERIP.
As a result, the Texas Commission on
Environmental Quality (TCEQ) revised
the DERIP regulations found in Title 30,
Chapter 114 (Control of Air Pollution
from Motor Vehicles) of the Texas
Administrative Code (30 TAC 114). The
revisions were adopted on June 10, 2020
and submitted to the EPA as a SIP
revision on August 13, 2020.
Specifically, the TCEQ revisions: (1)
Changed the minimum required usage
for grant-funded vehicles and
equipment in the eligible area from 75%
to 55% (30 TAC 114.622), and (2)
removed Victoria County from the list of
counties eligible for DERIP grants (30
TAC 114.629). A copy of the SIP
revision submitted to EPA is available
in the electronic docket for this action.
II. The EPA’s Evaluation
We approved DERIP regulations into
the Texas SIP in 2005 (70 FR 48647,
August 19, 2005). More recently, we
approved updates to DERIP regulations
in 2018 (83 FR 50018, October 4, 2018).
This SIP revision further updates DERIP
regulations. The effect of this update is
to: (1) Allow more diesel vehicles and
equipment in nonattainment areas or
1 For more information on EIPs see ‘‘Improving
Air Quality with Economic Incentive Programs’’,
EPA–452/R–01–001, January 2001, available at
https://www.epa.gov/sites/production/files/201507/documents/eipfin.pdf.
2 For more information on TERP and DERIP
please see ‘‘Texas Emissions Reduction Plan
Biennial Report (2019–2020), Report to the 87th
Texas Legislature, December 2020, SFR–079/20’’.
The document is available at: https://
www.tceq.texas.gov/assets/public/comm_exec/
pubs/sfr/079-20.pdf.
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Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Proposed Rules
affected counties to be eligible for grant
funding (30 TAC 114.622) and (2)
exclude Victoria County from eligibility
for DERIP grants (30 TAC 114.629).
Section 110(l) of the CAA requires
that EPA shall not approve a SIP
revision if the revision would interfere
with any applicable requirement
concerning attainment and reasonable
further progress (as defined in Section
171 of the CAA) or any other applicable
requirements of the CAA. DERIP is a
voluntary incentive program for
reducing emissions and is not a
requirement of the Act. The inclusion of
DERIP in the SIP, therefore, is
discretionary and as such, revisions can
be made as long as they do not
contribute to nonattainment or interfere
with maintenance. Reductions from the
TERP program were part of the emission
reductions in SIP revisions relied upon
to provide for attainment of (1) the 1997
ozone standard in the Dallas-Fort Worth
area (70 FR 15592, March 28, 2005) and
(2) the 1-hour ozone standard in the
Houston-Galveston-Brazoria area (71 FR
52670, September 6, 2006). The
reductions relied upon in these plans
have long been achieved through grants
and rebates that have already been
issued and none of the subsequent
ozone attainment plans submitted by
the State have relied upon reductions
from the TERP or DERIP programs.
However, the State could use DERIP as
a tool in future SIP revisions to obtain
needed emission reductions.
As noted above, revisions to 30 TAC
114.622 changed the amount of time
equipment needs to operate in the
affected counties. This change will
provide for an increase in the pool of
vehicles and equipment eligible for this
program and potentially generate more
emission reductions through future state
grants. Some of these reductions,
however, will likely be outside of
designated nonattainment areas. As
Texas is not relying on emission
reductions from future DERIP grants, it
is not necessary for the reductions to
occur exactly in an affected
nonattainment area.
As stated previously, DERIP and
TERP are not mandated by the Clean Air
Act. The implementation of these
programs is discretionary. The Texas
legislature originally adopted the
programs to apply in nonattainment
areas and other affected areas deemed
near-nonattainment areas. None of the
reductions that will be achieved by
these programs going forward are being
relied upon in any plan for any affected
area in Texas. The Texas legislature
decided that it no longer should
implement the program in Victoria
County which is meeting all current
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NAAQS. Not providing grants to reduce
emissions from diesel equipment will
not cause emissions to increase in
Victoria county. Instead emissions in
the county will not be impacted by this
SIP revision. Therefore, approval of the
revision to 30 TAC 114.629 will not
contribute to nonattainment or interfere
with maintenance in Victoria County.
As more diesel equipment become
eligible, the concentration of the DERIP
program in nonattainment areas will
likely result in additional emission
reductions. As additional grants are
issued to reduce emissions from diesel
equipment, the air quality will benefit,
which will assist in maintenance and
attainment of the NAAQS. Therefore,
the proposed approval of the SIP
revision is consistent with the CAA
section 110(1). Also, because the
program is discretionary, it will not
interfere with any applicable
requirement for attainment and
reasonable further progress, or any other
applicable requirement of the CAA.
Because the revised program will
continue to achieve additional
reductions not relied upon by any plan
for attainment or maintenance, the
revisions will not contribute to
nonattainment or interfere with
maintenance.
III. Proposed Action
We are proposing to approve the
revisions to 30 TAC 114.622 and
114.629 adopted on June 10, 2020 and
submitted on August 13, 2020.
IV. Incorporation by Reference
In this action, we are proposing to
include in a final rule regulatory text
that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, we are
proposing to incorporate by reference
revisions to the Texas regulations as
described in the Proposed Action
section above. We have made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
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 proposes to approve state law as
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14397
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 proposed 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).
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.
Authority: 42 U.S.C. 7401 et seq.
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14398
Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Proposed Rules
Dated: March 10, 2021.
David Gray,
Acting Regional Administrator, Region 6.
associated with these final rules; and
whether to consider additional or
alternative measures or approaches. In
particular, EPA is seeking comment on
specifics of recently raised issues
regarding the compliance date for the
prohibition on the processing and
distribution of PIP (3:1) for use in
articles, and PIP (3:1)-containing
articles.
[FR Doc. 2021–05329 Filed 3–15–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 751
Regulation of Persistent,
Bioaccumulative, and Toxic Chemicals
Under TSCA Section 6(h); Request for
Comments
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
In accordance with the
January 21, 2021, Executive Order
entitled ‘‘Protecting Public Health and
the Environment and Restoring Science
to Tackle the Climate Crisis’’ and other
Biden-Harris Administration Executive
orders and other direction, the
Environmental Protection Agency (EPA)
is requesting additional public
comments on five final rules recently
issued under the Toxic Substances
Control Act (TSCA). On January 6, 2021,
EPA issued final rules to address its
obligations under TSCA for five
persistent, bioaccumulative, and toxic
(PBT) chemicals that EPA determined
met the criteria for expedited action
under TSCA. These chemicals are 2,4,6tris(tert-butyl)phenol (2,4,6-TTBP)
(CASRN 732–26–3); decabromodiphenyl
ether (decaBDE) (CASRN 1163–19–5);
phenol, isopropylated phosphate (3:1)
(PIP (3:1)) (CASRN 68937–41–7);
pentachlorothiophenol (PCTP) (CASRN
133–49–3); and hexachlorobutadiene
(HCBD) (CASRN 87–68–3). PBT
chemicals are of particular concern in
the Agency’s efforts to protect human
health and the environment because
they are toxic and remain in the
environment for long periods of time
and can build up or accumulate in the
body. As a first step in its efforts to
immediately review these rules to
determine whether they are consistent
with the Administration policy to limit
exposure to dangerous chemicals (and
to determine whether and how these
rules should be revised), EPA invites
public comment on the final rules,
including whether there are further
exposure reductions that could be
achieved, including exposure
reductions for potentially exposed or
susceptible subpopulations and the
environment; implementation issues
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Comments must be received on
or before May 17, 2021.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2021–0202,
through the Federal eRulemaking Portal
at https://www.regulations.gov. Follow
the online instructions for submitting
comments. Do not submit electronically
any information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Please note that due to the public
health emergency the EPA Docket
Center (EPA/DC) and Reading Room
were closed to public visitors on March
31, 2020. Our EPA/DC staff will
continue to provide customer service
via email, phone, and webform. For
further information on EPA/DC services,
docket contact information and the
current status of the EPA/DC and
Reading Room, please visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Cindy Wheeler, Existing Chemicals Risk
Management Division (Mail Code
7404T), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; telephone
number: (202) 566–0484; email address:
TSCA-PBT-rules@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
DATES:
[EPA–HQ–OPPT–2021–0202; FRL–10021–
08]
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SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this apply to me?
This document is directed to the
public in general and may be of interest
to persons who currently or may
manufacture (including import),
process, distribute, use, and/or dispose
of the five PBT chemicals: 2,4,6-tris(tertbutyl)phenol (2,4,6-TTBP) (CASRN 732–
26–3); decabromodiphenyl ether
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(decaBDE) (CASRN 1163–19–5); phenol,
isopropylated phosphate (3:1) (PIP (3:1))
(CASRN 68937–41–7);
pentachlorothiophenol (PCTP) (CASRN
133–49–3); and hexachlorobutadiene
(HCBD) (CASRN 87–68–3). The action
may also be of interest to persons who
currently or may manufacture
(including import), process, distribute,
use, and/or dispose of products and
articles containing these PBT chemicals.
Non-governmental organizations in the
environmental and public health
sectors, state and local government
agencies, and members of the public
may also be interested in this action.
Since other entities may also be
interested, EPA has not attempted to
describe all the specific entities that
may be affected by this action.
B. What is EPA’s authority for taking
this action?
EPA issued the final rules under
TSCA section 6(h), 15 U.S.C. 2601 et
seq., for five persistent,
bioaccumulative, and toxic (PBT)
chemical substances that met the
statutory criteria. More specifically,
under TSCA section 6(h), EPA must take
expedited action on those chemical
substances identified in the 2014
Update to the TSCA Work Plan for
Chemical Assessments (Ref. 1) that,
among other factors, EPA has a
reasonable basis to conclude are toxic
and that with respect to persistence and
bioaccumulation score high for one and
either high or moderate for the other,
pursuant to the TSCA Work Plan
Chemicals: Methods Document (Ref. 2).
The chemical substances that meet these
criteria are 2,4,6-TTBP, decaBDE, PIP
(3:1), PCTP, and HCBD. Under TSCA, if
EPA determines that exposure is likely
to a chemical meeting these criteria,
EPA must issue a rule that addresses the
risks of injury to health or the
environment that the Administrator
determines are presented and reduces
exposure to the chemical to the extent
practicable. Based on the ‘‘Exposure and
Use Assessment of Five Persistent,
Bioaccumulative and Toxic Chemicals
Assessment’’ (Ref. 3), EPA determined
that exposure was likely to all five of the
PBT chemicals. On January 6, 2021,
EPA issued a final rule for each of the
five chemicals under TSCA section 6(h),
meeting the Agency’s obligation to
promulgate the rules within 18 months
of issuance of the proposed rules (Refs.
4–8). With the obligation to promulgate
these rules, the Agency also has the
authority to amend them if
circumstances change, including in
relation to the receipt of new
information.
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Agencies
[Federal Register Volume 86, Number 49 (Tuesday, March 16, 2021)]
[Proposed Rules]
[Pages 14396-14398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05329]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2020-0713; FRL-10020-73-Region 6]
Air Plan Approval; Texas; Revisions to the Texas Diesel Emissions
Reduction Incentive Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve a
revision to the Texas State Implementation Plan (SIP) that pertains to
the Texas Diesel Emissions Reduction Incentive Program, submitted on
August 13, 2020.
DATES: Written comments must be received on or before April 15, 2021.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2020-0713, 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 Carl Young, 214-665-6645,
[email protected]. For the full EPA public comment policy, information
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. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Carl Young, EPA Region 6 Office,
Infrastructure and Ozone Section, 214-665-6645, [email protected]. Out
of an abundance of caution for members of the public and our staff, the
EPA Region 6 office will be closed to the public to reduce the risk of
transmitting COVID-19. We encourage the public to submit comments via
https://www.regulations.gov, as there will be a delay in processing
mail and no courier or hand deliveries will be accepted. Please call or
email the contact listed above if you need alternative access to
material indexed but not provided in the docket.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
Section 110 of the CAA requires states to develop and submit to the
EPA a SIP to ensure that state air quality meets National Ambient Air
Quality Standards (NAAQS). 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.
An Economic Incentive Program (EIP) is a program that uses market-
based strategies to reduce emissions of air pollutants.\1\ The Texas
Diesel Emissions Reduction Incentive Program (DERIP) for On-Road and
Non-Road Vehicles is part of the Texas Emissions Reduction Program
(TERP) that was established by the Texas Legislature in 2001 and
approved in the Texas SIP as an economic incentive program (70 FR
48647, August 19, 2005). DERIP provides grants to eligible individuals,
businesses, or local governments to reduce emissions from diesel-
powered vehicles and equipment in areas designated as nonattainment for
a NAAQS or other counties identified by the Texas Legislature.\2\
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\1\ For more information on EIPs see ``Improving Air Quality
with Economic Incentive Programs'', EPA-452/R-01-001, January 2001,
available at https://www.epa.gov/sites/production/files/2015-07/documents/eipfin.pdf.
\2\ For more information on TERP and DERIP please see ``Texas
Emissions Reduction Plan Biennial Report (2019-2020), Report to the
87th Texas Legislature, December 2020, SFR-079/20''. The document is
available at: https://www.tceq.texas.gov/assets/public/comm_exec/pubs/sfr/079-20.pdf.
---------------------------------------------------------------------------
In 2019 the Texas Legislature revised the eligibility requirements
for DERIP. As a result, the Texas Commission on Environmental Quality
(TCEQ) revised the DERIP regulations found in Title 30, Chapter 114
(Control of Air Pollution from Motor Vehicles) of the Texas
Administrative Code (30 TAC 114). The revisions were adopted on June
10, 2020 and submitted to the EPA as a SIP revision on August 13, 2020.
Specifically, the TCEQ revisions: (1) Changed the minimum required
usage for grant-funded vehicles and equipment in the eligible area from
75% to 55% (30 TAC 114.622), and (2) removed Victoria County from the
list of counties eligible for DERIP grants (30 TAC 114.629). A copy of
the SIP revision submitted to EPA is available in the electronic docket
for this action.
II. The EPA's Evaluation
We approved DERIP regulations into the Texas SIP in 2005 (70 FR
48647, August 19, 2005). More recently, we approved updates to DERIP
regulations in 2018 (83 FR 50018, October 4, 2018). This SIP revision
further updates DERIP regulations. The effect of this update is to: (1)
Allow more diesel vehicles and equipment in nonattainment areas or
[[Page 14397]]
affected counties to be eligible for grant funding (30 TAC 114.622) and
(2) exclude Victoria County from eligibility for DERIP grants (30 TAC
114.629).
Section 110(l) of the CAA requires that EPA shall not approve a SIP
revision if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress (as
defined in Section 171 of the CAA) or any other applicable requirements
of the CAA. DERIP is a voluntary incentive program for reducing
emissions and is not a requirement of the Act. The inclusion of DERIP
in the SIP, therefore, is discretionary and as such, revisions can be
made as long as they do not contribute to nonattainment or interfere
with maintenance. Reductions from the TERP program were part of the
emission reductions in SIP revisions relied upon to provide for
attainment of (1) the 1997 ozone standard in the Dallas-Fort Worth area
(70 FR 15592, March 28, 2005) and (2) the 1-hour ozone standard in the
Houston-Galveston-Brazoria area (71 FR 52670, September 6, 2006). The
reductions relied upon in these plans have long been achieved through
grants and rebates that have already been issued and none of the
subsequent ozone attainment plans submitted by the State have relied
upon reductions from the TERP or DERIP programs. However, the State
could use DERIP as a tool in future SIP revisions to obtain needed
emission reductions.
As noted above, revisions to 30 TAC 114.622 changed the amount of
time equipment needs to operate in the affected counties. This change
will provide for an increase in the pool of vehicles and equipment
eligible for this program and potentially generate more emission
reductions through future state grants. Some of these reductions,
however, will likely be outside of designated nonattainment areas. As
Texas is not relying on emission reductions from future DERIP grants,
it is not necessary for the reductions to occur exactly in an affected
nonattainment area.
As stated previously, DERIP and TERP are not mandated by the Clean
Air Act. The implementation of these programs is discretionary. The
Texas legislature originally adopted the programs to apply in
nonattainment areas and other affected areas deemed near-nonattainment
areas. None of the reductions that will be achieved by these programs
going forward are being relied upon in any plan for any affected area
in Texas. The Texas legislature decided that it no longer should
implement the program in Victoria County which is meeting all current
NAAQS. Not providing grants to reduce emissions from diesel equipment
will not cause emissions to increase in Victoria county. Instead
emissions in the county will not be impacted by this SIP revision.
Therefore, approval of the revision to 30 TAC 114.629 will not
contribute to nonattainment or interfere with maintenance in Victoria
County. As more diesel equipment become eligible, the concentration of
the DERIP program in nonattainment areas will likely result in
additional emission reductions. As additional grants are issued to
reduce emissions from diesel equipment, the air quality will benefit,
which will assist in maintenance and attainment of the NAAQS.
Therefore, the proposed approval of the SIP revision is consistent with
the CAA section 110(1). Also, because the program is discretionary, it
will not interfere with any applicable requirement for attainment and
reasonable further progress, or any other applicable requirement of the
CAA. Because the revised program will continue to achieve additional
reductions not relied upon by any plan for attainment or maintenance,
the revisions will not contribute to nonattainment or interfere with
maintenance.
III. Proposed Action
We are proposing to approve the revisions to 30 TAC 114.622 and
114.629 adopted on June 10, 2020 and submitted on August 13, 2020.
IV. Incorporation by Reference
In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Texas regulations as described in the
Proposed Action section above. We have made, and will continue to make,
these documents generally available electronically through
www.regulations.gov (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
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 proposes to approve 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 proposed 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).
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.
Authority: 42 U.S.C. 7401 et seq.
[[Page 14398]]
Dated: March 10, 2021.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2021-05329 Filed 3-15-21; 8:45 am]
BILLING CODE 6560-50-P