Air Plan Approval; Texas; Vehicle Inspection and Maintenance Plan for Bexar County, 82550-82553 [2024-23340]
Download as PDF
<![CDATA[
82550
Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Proposed Rules
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, approved and signed
this document on October 2, 2024, and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Luvenia Potts,
Regulation Development Coordinator, Office
of Regulation Policy & Management, Office
of General Counsel, Department of Veterans
Affairs.
For the reasons set out in the
preamble, the Department of Veterans
Affairs proposes to amend 38 CFR part
14 as follows:
PART 14—LEGAL SERVICES,
GENERAL COUNSEL, AND
MISCELLANEOUS CLAIMS
1. The authority citation for part 14
continues to read as follows:
■
Authority: 5 U.S.C. 301; 28 U.S.C. 2671–
2680; 38 U.S.C. 501(a), 512, 515, 5502, 5901–
5905; 28 CFR part 14, appendix to part 14,
unless otherwise noted.
2. Amend § 14.629 by:
a. Revising paragraphs (b)(1)(i)
through (iv).
■ b. Adding paragraph (b)(1)(v).
■ c. Revising paragraphs (b)(2)(v), (viii),
and (ix) and (b)(6).
The revisions and addition read as
follows:
■
■
§ 14.629 Requirements for accreditation of
service organization representatives;
agents; and attorneys.
ddrumheller on DSK120RN23PROD with PROPOSALS1
*
*
*
*
*
(b) * * *
(1) * * *
(i) For agents, the initial accreditation
process consists of application to the
Office of the General Counsel, selfcertification of admission information
concerning practice before any other
court, bar, or State or Federal agency,
self-certification of completion of the
continuing legal education (CLE)
requirement of paragraph (b)(1)(iii) of
this section, an affirmative
determination of character and fitness
by VA, and a written examination.
(ii) For attorneys, the initial
accreditation process consists of
application to the Office of the General
Counsel, self-certification of admission
information concerning practice before
any other court, bar, or State or Federal
agency, self-certification of completion
of the CLE requirement of paragraph
(b)(1)(iii) of this section, and a
determination of character and fitness.
The Office of the General Counsel will
presume an attorney’s character and
VerDate Sep<11>2014
16:39 Oct 10, 2024
Jkt 265001
fitness to practice before VA based on
State bar membership in good standing
unless the Office of the General Counsel
receives credible information to the
contrary.
(iii) As a condition of initial
accreditation, both agents and attorneys
are required to complete 3 hours of
qualifying CLE during the 6-month
period preceding their application for
accreditation. To qualify under this
paragraph (b)(1)(iii), a CLE course must
be approved for a minimum of 3 hours
of CLE credit by any State bar
association and, at a minimum, must
cover the following topics:
representation before VA (including
VA’s standards of conduct contained in
§ 14.632), claims procedures, basic
eligibility for VA benefits, right to
appeal, disability compensation (38
U.S.C. chapter 11), dependency and
indemnity compensation (38 U.S.C.
chapter 13), and pension (38 U.S.C.
chapter 15). Upon completion of the
initial CLE requirement, agents and
attorneys shall certify to the Office of
the General Counsel in writing that they
have completed qualifying CLE. Such
certification shall include the title of the
CLE, date and time of the CLE, and
identification of the CLE provider, and
shall be submitted to VA as part of the
initial application.
(iv) To maintain accreditation, agents
and attorneys are required to complete
an additional 3 hours of qualifying CLE
on veterans benefits law and procedure
not later than 1 year from the date of
initial accreditation and every 1 year
thereafter. To qualify under this
paragraph (b)(1)(iv), a CLE course must
be approved for a minimum of 3 hours
of CLE credit by any State bar
association. Upon completion of the
post-accreditation CLE requirement,
agents and attorneys shall certify to the
Office of the General Counsel in writing
that they have completed qualifying
CLE. Such certification shall include the
title of the CLE, date and time of the
CLE, and identification of the CLE
provider, and shall be submitted to VA
as part of the annual certification
prescribed by paragraph (b)(4) of this
section.
(v) As a further condition of initial
and continued accreditation, agents and
attorneys are required to notify the
Office of the General Counsel within 30
days of any changes in contact
information.
(2) * * *
(v) Information concerning whether
the applicant has any condition or
impairment (such as substance abuse,
alcohol abuse, or a mental, emotional,
nervous, or behavioral disorder or
condition) that in any way currently
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
affects, or, if untreated or not otherwise
actively managed, could affect the
applicant’s ability to represent
claimants in a competent and
professional manner;
*
*
*
*
*
(viii) The names, addresses, and email
addresses of three character references;
(ix) Information relevant to whether
the applicant for accreditation as an
agent has any physical limitations that
would interfere with the completion of
a comprehensive written examination
administered under the supervision of
the Office of the General Counsel
(agents only); and
*
*
*
*
*
(6) Applicants for accreditation as a
claims agent must achieve a score of 75
percent or more on a written
examination administered by the Office
of the General Counsel as a prerequisite
to accreditation. No applicant shall be
allowed to sit for the examination more
than two times in any 1-year period.
The Office of the General Counsel may
offer the examination a minimum of
twice per calendar year. An applicant
must achieve a passing score on the
examination before the Office of the
General Counsel will begin reviewing
the applicant’s character and fitness for
practice before the Department.
*
*
*
*
*
[FR Doc. 2024–23610 Filed 10–10–24; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2023–0647; FRL–12276–
01–R6]
Air Plan Approval; Texas; Vehicle
Inspection and Maintenance Plan for
Bexar County
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Clean Air Act
(CAA or the Act), the Environmental
Protection Agency (EPA) is proposing to
approve revisions to the Texas State
Implementation Plan (SIP) submitted to
the EPA by the Texas Commission on
Environmental Quality (TCEQ or State)
on December 18, 2023. The SIP
revisions address Control of Air
Pollution from Motor Vehicles and
establish a Motor Vehicle Inspection
and Maintenance (I/M) program for the
San Antonio ozone nonattainment area.
The revisions also update definitions
and address options for displaying a
SUMMARY:
E:\FR\FM\11OCP1.SGM
11OCP1
ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Proposed Rules
vehicle’s registration as proof of
compliance with I/M requirements.
DATES: Written comments must be
received on or before November 12,
2024.
ADDRESSES: Submit your comments,
identified by Docket ID EPA–R06–OAR–
2023–0647, at https://
www.regulations.gov or via email to
steib.clovis@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. Clovis Steib, 214–665–7566,
steib.clovis@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: Mr.
Clovis Steib, EPA Region 6 Office,
Infrastructure and Ozone Section, 214–
665–7566, steib.clovis@epa.gov. We
encourage the public to submit
comments via https://
www.regulations.gov. 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 ‘‘we’’ and
‘‘our’’ means the EPA.
I. Background
Ground-level ozone, also known as
‘‘tropospheric ozone’’ or ‘‘smog,’’ is
created when emissions of the ozone
precursors, oxides of nitrogen (NOX)
and volatile organic compounds (VOCs),
react in the presence of sunlight and
heat. EPA has established the ozone
VerDate Sep<11>2014
16:39 Oct 10, 2024
Jkt 265001
National Ambient Air Quality Standards
(NAAQS) to protect public health,
including the health of at-risk
populations, with an adequate margin of
safety. On October 1, 2015, EPA revised
the ozone NAAQS to a level of 0.070
parts per million (ppm) (computed
based on the annual fourth highest daily
maximum 8-hour average concentration,
averaged over 3 years).1 The revised
2015 ozone NAAQS provide greater
protection of public health and the
environment than the previous ozone
NAAQS of 0.075 ppm, set in 2008.
Although the 2015 ozone NAAQS retain
the same general form and averaging
time as the NAAQS set in 2008, the
lower level is more protective.
Effective September 24, 2018, Bexar
County was designated as the San
Antonio, Texas, nonattainment area 2
and classified as a Marginal
nonattainment area for the 2015 ozone
NAAQS with an attainment deadline of
September 24, 2021 (83 FR 35136, July
25, 2018).
On March 30, 2022, TCEQ adopted
revisions to their SIP (Rule Project No.
2021–029–114–AI) that implement
applicable sections of Senate Bill (SB)
604, 86th legislature 2019. The revisions
expanded the compliance options for
the display of vehicle registration
insignia and incorporated minor
changes to 30 Texas Administrative
Code (TAC) chapter 114, Control of Air
Pollution from Motor Vehicles, to
comply with the Texas Transportation
Code, chapter 504.
On October 7, 2022, EPA reclassified
the San Antonio area from Marginal to
Moderate effective November 7, 2022
(87 FR 60897). The CAA section
182(b)(4) and title 40 of the Code of
Federal Regulations (CFR), part 51,
subpart S, require the implementation of
a Basic vehicle emissions I/M program 3
1 See 80 FR 65296, October 26, 2015; and 40 CFR
part 50, appendix U, for more information on the
revised 2015 ozone NAAQS, including a detailed
explanation of the calculation of the 3-year 8-hour
average.
2 The ‘‘San Antonio nonattainment area’’ may
also be referred to as the ‘‘Bexar County
nonattainment area’’ and includes all of Bexar
County. The surrounding counties in the San
Antonio area: Atascosa, Bandera, Comal,
Guadalupe, Kendall, Medina, and Wilson Counties
are designated as attainment/unclassifiable.
3 The performance standard for Basic I/M
programs in areas designated nonattainment for the
2015 ozone NAAQS includes, among other things,
annual inspections of light-duty vehicles in a
centralized test program by conducting idle testing
of 1968–2000 Model Year (MY) subject vehicles and
on-board diagnostics (OBD) checks on 2001 and
newer subject vehicles (see 40 CFR 51.352(e)). An
I/M performance standard is a collection of program
design elements which defines a benchmark
program to which a state’s proposed program is
compared in terms of its potential to reduce
emissions of the ozone precursors, VOC, and NOX.
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
82551
in certain urbanized ozone
nonattainment areas classified as
Moderate. The State is therefore
required to implement an I/M program
in Bexar County by November 7, 2026.4
On November 29, 2023, TCEQ
adopted the Bexar County I/M SIP
Revision (Non-Rule Project No. 2022–
027–SIP–NR) and the associated
revisions to 30 TAC Chapter 114 (Rule
Project No. 2022–026–114–AI).
II. The Submitted SIP Revisions
On December 18, 2023, the TCEQ
submitted an I/M Program plan (NonRule Project No. 2022–027–SIP–NR) and
rulemaking revisions (Rule Project No.
2022–026–114–AI) that would ensure
the State’s implementation of the
vehicle I/M program in the San Antonio
nonattainment area by no later than
November 1, 2026. The submitted
revisions expand the State’s existing I/
M program into Bexar County.
Additionally, the submitted revisions
also incorporate minor changes from a
prior 30 TAC chapter 114 rulemaking
(Rule Project No. 2021–029–114–AI)
that expand the options for displaying a
vehicle’s registration insignia to include
digital license plates.
EPA determined on March 11, 2024,
that the three submitted revisions
addressed herein meet the SIP
completeness criteria found in 40 CFR
part 51, appendix V.5
III. The EPA’s Evaluation
A. Analysis of Submitted Bexar County
I/M SIP Revision and Associated
Revisions to 30 TAC Chapter 114
The submitted SIP revisions (NonRule Project No. 2022–027–SIP–NR)
expand the State’s I/M program into
Bexar County and implement on-board
diagnostics (OBD) inspections for
vehicles subject to I/M program
requirements beginning November 1,
2026. All vehicle emissions inspection
stations in Bexar County will be
required to offer the OBD inspections.
The submitted revisions (Rule Project
No. 2022–026–114–AI and Rule Project
No. 2021–029–114–AI) address 30 TAC
chapter 114, subchapters A, C, and H.
An analysis of the submitted revisions
to chapter 114 are covered in detail in
our Technical Support Document (TSD)
included in the docket for this action. A
Per the SIP, the Texas I/M program requires the
annual OBD testing of gasoline-powered vehicles
between 2–24 years old in the affected counties.
4 To satisfy the requirements of 40 CFR part 51,
subpart S, § 51.350(a)(4).
5 Letter from Mr. David F. Garcia, Air and
Radiation Division Director, EPA Region 6 to Mr.
Jon Niermann, Chairman, Texas Commission on
Environmental Quality (March 11, 2024), included
in the docket for this action.
E:\FR\FM\11OCP1.SGM
11OCP1
82552
Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Proposed Rules
summary of the revisions to 30 TAC
chapter 114 grouped by subchapter is
provided:
Subchapter A:
• The revisions to section 114.1 and
114.2 remove obsolete definitions and
update the mail code in the Texas I/M
SIP.6
Subchapter C:
• The revisions to sections 114.50
and 114.53, implement a new Bexar
County I/M program, specifies the
program start date and the model year
vehicles to be tested, require that all
vehicle emissions testing stations offer
OBD tests, and establish fees.7
• The revisions to section 114.82
expand the options for proof of
compliance with I/M requirements for
motorists. It adds language to allow for
different forms of proof of compliance
with I/M requirements provided by the
DPS and the DMV. The revisions allow
for the display of a vehicle’s registration
insignia for certain commercial fleet or
governmental entity vehicles on a
digital license plate in lieu of attaching
the registration insignia to the vehicle’s
windshield.
This action does not address the
submitted revisions to subchapter H (30
TAC 114.309)—the State’s Low RVP
Program (Rule Project No. 2022–026–
114–AI).8 These submitted revisions are
severable and will be addressed in a
future, separate EPA action.
B. Analysis of Bexar County 2015 Ozone
Nonattainment Area Performance
Standard Modeling (PSM)
As mentioned previously, the San
Antonio ozone nonattainment area was
reclassified as Moderate under the 2015
standard, and therefore, must
demonstrate through modeling that the
area meets the Basic I/M requirements.9
PSM is a SIP submission requirement
per the I/M rule at 40 CFR 51.372(a)(2).
This rule requires states to provide a
demonstration that the proposed vehicle
emissions I/M program for a newly
designated or reclassified ozone
nonattainment area meets the emissions
reduction benchmarks specified for the
area’s ozone NAAQS classification
level. A PSM analysis is conducted to
evaluate whether a proposed I/M
program meets the applicable
performance standard. The performance
standards establish the level of emission
reductions that mandatory I/M programs
must meet or exceed. The TCEQ
performed the required PSM analysis of
the proposed Bexar County area I/M
program 10 following the procedures in
the EPA guidance document
Performance Standard Modeling for
New and Existing Vehicle Inspection
and Maintenance (I/M) Programs Using
the MOVES Mobile Source Emissions
Model (EPA–420–B–22–034, October
2022). For the benchmark or model
program to which Bexar County’s
proposed Basic I/M program will be
compared, TCEQ correctly selected the
Basic performance standard for areas
designated nonattainment for the 8-hour
ozone standard detailed in 40 CFR
51.352(e). TCEQ used EPA’s Mobile
Vehicle Emissions Simulator, version
3.1 (MOVES3.1) 11 to conduct the
analyses in March 2023, using 2026 as
the analysis year—the Bexar County
program implementation year under the
2015 ozone NAAQS. The
documentation of the PSM assessments
is provided in attachment B, chapter 2
of the State’s December 18, 2023,
submittal, and a summary of the results
are provided in attachment B, chapter 3
of the submittal. Copies of the modeling
summary are included in the docket 12
for this action. After reviewing TCEQ’s
PSM analysis, EPA concludes that
TCEQ has demonstrated that the Basic
I/M performance standard is met in the
Bexar County subject I/M area and that
the analysis was completed consistent
with EPA’s 2022 PSM guidance.
Table 1 below presents mass unit
modeling results (in tons per day or tpd)
of TCEQ’s PSM comparison of the
proposed Bexar County area’s I/M
program to the benchmark program of
the Basic performance standard. The
emission levels (in tpd) of the ozone
precursors, NOX and VOC, for the
proposed I/M program are lower than
the emissions from the benchmark
program for the Basic I/M performance
standard.
TABLE 1—SUMMARY OF 2026 PERFORMANCE STANDARD EVALUATION FOR THE BEXAR COUNTY 2015 OZONE NAAQS
NONATTAINMENT AREA NEW I/M PROGRAM
[Tons per day] 13
New I/M program
emissions
Pollutant
ddrumheller on DSK120RN23PROD with PROPOSALS1
NOX ....................................................................................................
VOC ...................................................................................................
Performance
standard
benchmark
basic I/M
program
emissions
15.01
8.85
15.16
9.41
Does new program
meet I/M performance
standard?
Yes.
Yes.
Therefore, we are proposing that the
Bexar County I/M program be approved
into the SIP because the proposed I/M
program meets the Basic I/M
performance standard for the 2015
ozone NAAQS.
IV. Proposed Action
6 The definitions are listed in the TSD in the
docket for this proposed action.
7 The revisions establish the maximum fee of
$11.50 that Bexar County program area emissions
inspection stations may charge for the OBD test.
The adopted revisions would also require affected
vehicle owners to remit $2.50 to the Texas
Department of Motor Vehicles (DMV) or county tax
assessor-collector at the time of annual vehicle
registration as part of the vehicle emissions
inspection fee to cover the costs to implement,
maintain, administer, and enforce the required
vehicle I/M program in Bexar County.
8 These are the State’s rules addressing gasoline
with low Reid Vapor Pressure (RVP). For
information on gasoline Reid vapor pressure, please
visit https://www.epa.gov/gasoline-standards/
gasoline-reid-vapor-pressure.
9 87 FR 60897.
10 See Attachment B: Inspection and Maintenance
(I/M) Program Performance Standard Modeling
(PSM) for the New I/M Program in the Bexar County
2015 Ozone Nonattainment Area of the State’s
December 18, 2023, submittal package.
11 MOVES 3.1 was the most current version
available to TCEQ in March 2023 (released 12/9/
2022). It’s successor, MOVES4, was released in
September of 2023.
12 See Docket EPA–R06–OAR–2023–0647.
13 See Table 3–1: Summary of 2026 Performance
Standard Evaluation for the Bexar County 2015
Ozone NAAQS Nonattainment Area Proposed I/M
Program (tons per day) on page 12 of the TCEQ
summary document.
VerDate Sep<11>2014
16:39 Oct 10, 2024
Jkt 265001
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
EPA is proposing to approve the
following revisions to the Texas SIP,
submitted to the EPA on December 18,
E:\FR\FM\11OCP1.SGM
11OCP1
Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Proposed Rules
2023: 30 TAC chapter 114, subchapter
A, sections 114.1 and 114.2, and
subchapter C, sections 114.50, 114.53,
and 114.82. The submitted revisions
describe and demonstrate how CAA
requirements for a Basic vehicle I/M
program (CAA section 182(b)(4) and 40
CFR part 51, subpart S) meets the
requirements for 2015 ozone NAAQS for
the San Antonio ozone nonattainment
area; and incorporates minor changes
for the display of a vehicle’s registration
insignia. This proposed action is being
taken pursuant to section 110 and part
D of the CAA.
ddrumheller on DSK120RN23PROD with PROPOSALS1
V. Environmental Justice
Considerations
For this proposed action, The EPA
conducted screening analyses using the
EPA’s Environmental Justice (EJ)
screening tool (EJScreen tool, version
2.2).14 The EPA reviewed
environmental and demographic data of
the populations living within the San
Antonio area. The EPA then compared
these data to the national average for
each of the environmental and
demographic groups. The results of this
analysis are being provided for
informational and transparency
purposes.
Review of the environmental analyses
indicate that the San Antonio ozone
nonattainment area is above the 80th
percentile for Particulate Matter 2.5,
Ozone, and Superfund Proximity. A
detailed description of the EJ
considerations and the EJScreen
analysis reports are available in the
docket for this rulemaking.
VI. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
14 See
https://www.epa.gov/ejscreen.
VerDate Sep<11>2014
16:39 Oct 10, 2024
Jkt 265001
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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act.
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
This proposed action would
strengthen measures in the current SIP
by implementing a vehicle inspection
and maintenance program in the San
Antonio area. As such, at a minimum,
this action would not worsen any
existing air quality and is expected to
ensure that the San Antonio
nonattainment area is meeting
requirements to attain and/or maintain
air quality standards. Further, there is
no information in the record indicating
this action is expected to have
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
82553
disproportionately high or adverse
human health or environmental effects
on a particular group of people. The
EPA performed an environmental
justice analysis, as described earlier in
this action under ‘‘Environmental
Justice Considerations.’’ The analysis
was done for the purpose of providing
additional context and information
about this proposal to the public, not as
a basis of the action.
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 3, 2024.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2024–23340 Filed 10–10–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2024–0370; FRL–12152–
01–R9]
Approval and Promulgation of
Implementation Plans; California;
California Mobile Source Regulations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the California State
Implementation Plan (SIP) consisting of
California regulations and related test
procedures that were adopted as part of
California’s Advanced Clean Cars I
program and that establish standards
and other requirements relating to the
control of emissions of greenhouse gases
from new passenger cars, light-duty
trucks, and medium-duty vehicles. The
standards and other requirements relate
to 2017 and subsequent model-year
passenger cars, light-duty trucks, and
medium-duty vehicles. The EPA is
proposing to approve the SIP revision
SUMMARY:
E:\FR\FM\11OCP1.SGM
11OCP1
]]>Agencies
[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Proposed Rules]
[Pages 82550-82553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23340]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2023-0647; FRL-12276-01-R6]
Air Plan Approval; Texas; Vehicle Inspection and Maintenance Plan
for Bexar County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve revisions
to the Texas State Implementation Plan (SIP) submitted to the EPA by
the Texas Commission on Environmental Quality (TCEQ or State) on
December 18, 2023. The SIP revisions address Control of Air Pollution
from Motor Vehicles and establish a Motor Vehicle Inspection and
Maintenance (I/M) program for the San Antonio ozone nonattainment area.
The revisions also update definitions and address options for
displaying a
[[Page 82551]]
vehicle's registration as proof of compliance with I/M requirements.
DATES: Written comments must be received on or before November 12,
2024.
ADDRESSES: Submit your comments, identified by Docket ID EPA-R06-OAR-
2023-0647, 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 Mr. Clovis Steib, 214-
665-7566, [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: Mr. Clovis Steib, EPA Region 6 Office,
Infrastructure and Ozone Section, 214-665-7566, [email protected].
We encourage the public to submit comments via https://www.regulations.gov. 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 ``we'' and ``our''
means the EPA.
I. Background
Ground-level ozone, also known as ``tropospheric ozone'' or
``smog,'' is created when emissions of the ozone precursors, oxides of
nitrogen (NOX) and volatile organic compounds (VOCs), react
in the presence of sunlight and heat. EPA has established the ozone
National Ambient Air Quality Standards (NAAQS) to protect public
health, including the health of at-risk populations, with an adequate
margin of safety. On October 1, 2015, EPA revised the ozone NAAQS to a
level of 0.070 parts per million (ppm) (computed based on the annual
fourth highest daily maximum 8-hour average concentration, averaged
over 3 years).\1\ The revised 2015 ozone NAAQS provide greater
protection of public health and the environment than the previous ozone
NAAQS of 0.075 ppm, set in 2008. Although the 2015 ozone NAAQS retain
the same general form and averaging time as the NAAQS set in 2008, the
lower level is more protective.
---------------------------------------------------------------------------
\1\ See 80 FR 65296, October 26, 2015; and 40 CFR part 50,
appendix U, for more information on the revised 2015 ozone NAAQS,
including a detailed explanation of the calculation of the 3-year 8-
hour average.
---------------------------------------------------------------------------
Effective September 24, 2018, Bexar County was designated as the
San Antonio, Texas, nonattainment area \2\ and classified as a Marginal
nonattainment area for the 2015 ozone NAAQS with an attainment deadline
of September 24, 2021 (83 FR 35136, July 25, 2018).
---------------------------------------------------------------------------
\2\ The ``San Antonio nonattainment area'' may also be referred
to as the ``Bexar County nonattainment area'' and includes all of
Bexar County. The surrounding counties in the San Antonio area:
Atascosa, Bandera, Comal, Guadalupe, Kendall, Medina, and Wilson
Counties are designated as attainment/unclassifiable.
---------------------------------------------------------------------------
On March 30, 2022, TCEQ adopted revisions to their SIP (Rule
Project No. 2021-029-114-AI) that implement applicable sections of
Senate Bill (SB) 604, 86th legislature 2019. The revisions expanded the
compliance options for the display of vehicle registration insignia and
incorporated minor changes to 30 Texas Administrative Code (TAC)
chapter 114, Control of Air Pollution from Motor Vehicles, to comply
with the Texas Transportation Code, chapter 504.
On October 7, 2022, EPA reclassified the San Antonio area from
Marginal to Moderate effective November 7, 2022 (87 FR 60897). The CAA
section 182(b)(4) and title 40 of the Code of Federal Regulations
(CFR), part 51, subpart S, require the implementation of a Basic
vehicle emissions I/M program \3\ in certain urbanized ozone
nonattainment areas classified as Moderate. The State is therefore
required to implement an I/M program in Bexar County by November 7,
2026.\4\
---------------------------------------------------------------------------
\3\ The performance standard for Basic I/M programs in areas
designated nonattainment for the 2015 ozone NAAQS includes, among
other things, annual inspections of light-duty vehicles in a
centralized test program by conducting idle testing of 1968-2000
Model Year (MY) subject vehicles and on-board diagnostics (OBD)
checks on 2001 and newer subject vehicles (see 40 CFR 51.352(e)). An
I/M performance standard is a collection of program design elements
which defines a benchmark program to which a state's proposed
program is compared in terms of its potential to reduce emissions of
the ozone precursors, VOC, and NOX. Per the SIP, the
Texas I/M program requires the annual OBD testing of gasoline-
powered vehicles between 2-24 years old in the affected counties.
\4\ To satisfy the requirements of 40 CFR part 51, subpart S,
Sec. 51.350(a)(4).
---------------------------------------------------------------------------
On November 29, 2023, TCEQ adopted the Bexar County I/M SIP
Revision (Non-Rule Project No. 2022-027-SIP-NR) and the associated
revisions to 30 TAC Chapter 114 (Rule Project No. 2022-026-114-AI).
II. The Submitted SIP Revisions
On December 18, 2023, the TCEQ submitted an I/M Program plan (Non-
Rule Project No. 2022-027-SIP-NR) and rulemaking revisions (Rule
Project No. 2022-026-114-AI) that would ensure the State's
implementation of the vehicle I/M program in the San Antonio
nonattainment area by no later than November 1, 2026. The submitted
revisions expand the State's existing I/M program into Bexar County.
Additionally, the submitted revisions also incorporate minor changes
from a prior 30 TAC chapter 114 rulemaking (Rule Project No. 2021-029-
114-AI) that expand the options for displaying a vehicle's registration
insignia to include digital license plates.
EPA determined on March 11, 2024, that the three submitted
revisions addressed herein meet the SIP completeness criteria found in
40 CFR part 51, appendix V.\5\
---------------------------------------------------------------------------
\5\ Letter from Mr. David F. Garcia, Air and Radiation Division
Director, EPA Region 6 to Mr. Jon Niermann, Chairman, Texas
Commission on Environmental Quality (March 11, 2024), included in
the docket for this action.
---------------------------------------------------------------------------
III. The EPA's Evaluation
A. Analysis of Submitted Bexar County I/M SIP Revision and Associated
Revisions to 30 TAC Chapter 114
The submitted SIP revisions (Non-Rule Project No. 2022-027-SIP-NR)
expand the State's I/M program into Bexar County and implement on-board
diagnostics (OBD) inspections for vehicles subject to I/M program
requirements beginning November 1, 2026. All vehicle emissions
inspection stations in Bexar County will be required to offer the OBD
inspections.
The submitted revisions (Rule Project No. 2022-026-114-AI and Rule
Project No. 2021-029-114-AI) address 30 TAC chapter 114, subchapters A,
C, and H. An analysis of the submitted revisions to chapter 114 are
covered in detail in our Technical Support Document (TSD) included in
the docket for this action. A
[[Page 82552]]
summary of the revisions to 30 TAC chapter 114 grouped by subchapter is
provided:
Subchapter A:
The revisions to section 114.1 and 114.2 remove obsolete
definitions and update the mail code in the Texas I/M SIP.\6\
---------------------------------------------------------------------------
\6\ The definitions are listed in the TSD in the docket for this
proposed action.
---------------------------------------------------------------------------
Subchapter C:
The revisions to sections 114.50 and 114.53, implement a
new Bexar County I/M program, specifies the program start date and the
model year vehicles to be tested, require that all vehicle emissions
testing stations offer OBD tests, and establish fees.\7\
---------------------------------------------------------------------------
\7\ The revisions establish the maximum fee of $11.50 that Bexar
County program area emissions inspection stations may charge for the
OBD test. The adopted revisions would also require affected vehicle
owners to remit $2.50 to the Texas Department of Motor Vehicles
(DMV) or county tax assessor-collector at the time of annual vehicle
registration as part of the vehicle emissions inspection fee to
cover the costs to implement, maintain, administer, and enforce the
required vehicle I/M program in Bexar County.
---------------------------------------------------------------------------
The revisions to section 114.82 expand the options for
proof of compliance with I/M requirements for motorists. It adds
language to allow for different forms of proof of compliance with I/M
requirements provided by the DPS and the DMV. The revisions allow for
the display of a vehicle's registration insignia for certain commercial
fleet or governmental entity vehicles on a digital license plate in
lieu of attaching the registration insignia to the vehicle's
windshield.
This action does not address the submitted revisions to subchapter
H (30 TAC 114.309)--the State's Low RVP Program (Rule Project No. 2022-
026-114-AI).\8\ These submitted revisions are severable and will be
addressed in a future, separate EPA action.
---------------------------------------------------------------------------
\8\ These are the State's rules addressing gasoline with low
Reid Vapor Pressure (RVP). For information on gasoline Reid vapor
pressure, please visit https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure.
---------------------------------------------------------------------------
B. Analysis of Bexar County 2015 Ozone Nonattainment Area Performance
Standard Modeling (PSM)
As mentioned previously, the San Antonio ozone nonattainment area
was reclassified as Moderate under the 2015 standard, and therefore,
must demonstrate through modeling that the area meets the Basic I/M
requirements.\9\ PSM is a SIP submission requirement per the I/M rule
at 40 CFR 51.372(a)(2). This rule requires states to provide a
demonstration that the proposed vehicle emissions I/M program for a
newly designated or reclassified ozone nonattainment area meets the
emissions reduction benchmarks specified for the area's ozone NAAQS
classification level. A PSM analysis is conducted to evaluate whether a
proposed I/M program meets the applicable performance standard. The
performance standards establish the level of emission reductions that
mandatory I/M programs must meet or exceed. The TCEQ performed the
required PSM analysis of the proposed Bexar County area I/M program
\10\ following the procedures in the EPA guidance document Performance
Standard Modeling for New and Existing Vehicle Inspection and
Maintenance (I/M) Programs Using the MOVES Mobile Source Emissions
Model (EPA-420-B-22-034, October 2022). For the benchmark or model
program to which Bexar County's proposed Basic I/M program will be
compared, TCEQ correctly selected the Basic performance standard for
areas designated nonattainment for the 8-hour ozone standard detailed
in 40 CFR 51.352(e). TCEQ used EPA's Mobile Vehicle Emissions
Simulator, version 3.1 (MOVES3.1) \11\ to conduct the analyses in March
2023, using 2026 as the analysis year--the Bexar County program
implementation year under the 2015 ozone NAAQS. The documentation of
the PSM assessments is provided in attachment B, chapter 2 of the
State's December 18, 2023, submittal, and a summary of the results are
provided in attachment B, chapter 3 of the submittal. Copies of the
modeling summary are included in the docket \12\ for this action. After
reviewing TCEQ's PSM analysis, EPA concludes that TCEQ has demonstrated
that the Basic I/M performance standard is met in the Bexar County
subject I/M area and that the analysis was completed consistent with
EPA's 2022 PSM guidance.
---------------------------------------------------------------------------
\9\ 87 FR 60897.
\10\ See Attachment B: Inspection and Maintenance (I/M) Program
Performance Standard Modeling (PSM) for the New I/M Program in the
Bexar County 2015 Ozone Nonattainment Area of the State's December
18, 2023, submittal package.
\11\ MOVES 3.1 was the most current version available to TCEQ in
March 2023 (released 12/9/2022). It's successor, MOVES4, was
released in September of 2023.
\12\ See Docket EPA-R06-OAR-2023-0647.
---------------------------------------------------------------------------
Table 1 below presents mass unit modeling results (in tons per day
or tpd) of TCEQ's PSM comparison of the proposed Bexar County area's I/
M program to the benchmark program of the Basic performance standard.
The emission levels (in tpd) of the ozone precursors, NOX
and VOC, for the proposed I/M program are lower than the emissions from
the benchmark program for the Basic I/M performance standard.
---------------------------------------------------------------------------
\13\ See Table 3-1: Summary of 2026 Performance Standard
Evaluation for the Bexar County 2015 Ozone NAAQS Nonattainment Area
Proposed I/M Program (tons per day) on page 12 of the TCEQ summary
document.
Table 1--Summary of 2026 Performance Standard Evaluation for the Bexar County 2015 Ozone NAAQS Nonattainment
Area New I/M Program
[Tons per day] \13\
----------------------------------------------------------------------------------------------------------------
Performance
standard
Pollutant New I/M program benchmark basic I/ Does new program meet I/M
emissions M program performance standard?
emissions
----------------------------------------------------------------------------------------------------------------
NOX........................................ 15.01 15.16 Yes.
VOC........................................ 8.85 9.41 Yes.
----------------------------------------------------------------------------------------------------------------
Therefore, we are proposing that the Bexar County I/M program be
approved into the SIP because the proposed I/M program meets the Basic
I/M performance standard for the 2015 ozone NAAQS.
IV. Proposed Action
EPA is proposing to approve the following revisions to the Texas
SIP, submitted to the EPA on December 18,
[[Page 82553]]
2023: 30 TAC chapter 114, subchapter A, sections 114.1 and 114.2, and
subchapter C, sections 114.50, 114.53, and 114.82. The submitted
revisions describe and demonstrate how CAA requirements for a Basic
vehicle I/M program (CAA section 182(b)(4) and 40 CFR part 51, subpart
S) meets the requirements for 2015 ozone NAAQS for the San Antonio
ozone nonattainment area; and incorporates minor changes for the
display of a vehicle's registration insignia. This proposed action is
being taken pursuant to section 110 and part D of the CAA.
V. Environmental Justice Considerations
For this proposed action, The EPA conducted screening analyses
using the EPA's Environmental Justice (EJ) screening tool (EJScreen
tool, version 2.2).\14\ The EPA reviewed environmental and demographic
data of the populations living within the San Antonio area. The EPA
then compared these data to the national average for each of the
environmental and demographic groups. The results of this analysis are
being provided for informational and transparency purposes.
---------------------------------------------------------------------------
\14\ See https://www.epa.gov/ejscreen.
---------------------------------------------------------------------------
Review of the environmental analyses indicate that the San Antonio
ozone nonattainment area is above the 80th percentile for Particulate
Matter 2.5, Ozone, and Superfund Proximity. A detailed description of
the EJ considerations and the EJScreen analysis reports are available
in the docket for this rulemaking.
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
This proposed action would strengthen measures in the current SIP
by implementing a vehicle inspection and maintenance program in the San
Antonio area. As such, at a minimum, this action would not worsen any
existing air quality and is expected to ensure that the San Antonio
nonattainment area is meeting requirements to attain and/or maintain
air quality standards. Further, there is no information in the record
indicating this action is expected to have disproportionately high or
adverse human health or environmental effects on a particular group of
people. The EPA performed an environmental justice analysis, as
described earlier in this action under ``Environmental Justice
Considerations.'' The analysis was done for the purpose of providing
additional context and information about this proposal to the public,
not as a basis of the action.
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 3, 2024.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2024-23340 Filed 10-10-24; 8:45 am]
BILLING CODE 6560-50-P
