
[Federal Register: April 9, 2010 (Volume 75, Number 68)]
[Rules and Regulations]               
[Page 18061-18068]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap10-9]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-0988; FRL-9135-6]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Control of Air Pollution From Motor Vehicles

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to the Texas State 
Implementation Plan (SIP). We are approving revisions to Title 30 of 
the Texas Administrative Code (TAC), Chapter 114, which the State 
submitted on May 15, 2006, October 10, 2006, January 17, 2008, and 
February 28, 2008. These revisions establish the Rebate Grant Process 
and the Texas Clean School Bus Program, amend the Texas Emissions 
Reduction Plan (TERP), and amend the Locally Enforced Motor Vehicle 
Idling Limitations. The EPA is approving these revisions pursuant to 
section 110 of the Clean Air Act (CAA).

DATES: This direct final rule will be effective June 8, 2010 without 
further notice unless EPA receives relevant adverse comments by May 10, 
2010. If adverse comments are received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2006-0988, by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Please follow the online instructions for submitting comments.
     EPA Region 6 ``Contact Us'' Web site: http://epa.gov/
region6/r6comment.htm. Please click on ``6PD (Multimedia)'' and select 
``Air'' before submitting comments.
     E-mail: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please 
also send a copy by e-mail to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are 
accepted only between the hours of 8 a.m. and 4 p.m. weekdays, and not 
on legal holidays. Special arrangements should be made for deliveries 
of boxed information.
    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2006-
0988. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733. The file will be made available by 
appointment for public inspection in the Region 6 FOIA Review Room 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an 
appointment. If possible, please make the appointment at least two 
working days in advance of your visit. There will be a fee of 15 cents 
per page for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection during 
official business hours, by appointment, at the Texas Commission on 
Environmental Quality (TCEQ), Office of Air Quality, 12124 Park 35 
Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Ms. Dayana Medina, Air Planning 
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone 214-665-7241; 
fax number 214-665-7263; e-mail address medina.dayana@epa.gov.

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

Outline

I. What Action Is EPA Taking?
II. Background
III. What Did the State Submit?
    A. The Rebate Grant Process
    B. Texas Clean School Bus Program
    C. The Texas Emissions Reduction Plan (TERP)
    D. Locally Enforced Motor Vehicle Idling Limitations
IV. Final Action

[[Page 18062]]

V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    Today we are approving revisions to the Texas SIP that amend 30 TAC 
Chapter 114, Control of Air Pollution from Motor Vehicles. These 
revisions consist of the new Rebate Grant Process and the new Texas 
Clean School Bus Program, and additional revisions to the TERP and 
Locally Enforced Motor Vehicle Idling Limitations, as submitted to EPA 
by the TCEQ on May 15, 2006, October 10, 2006, January 17, 2008, and 
February 28, 2008. Some of the revisions we are approving in this 
rulemaking are administrative in nature--they identify an acronym and 
renumber a sequence of paragraphs. A majority of the revisions, 
however, are substantive in nature. We are approving these revisions in 
accordance with section 110 of the CAA.
    The EPA is publishing this rule without prior proposal because we 
view this as a noncontroversial amendment and anticipate no relevant 
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 revisions if 
relevant adverse comments are received. This rule will be effective on 
June 8, 2010 without further notice unless we receive relevant adverse 
comments by May 10, 2010. 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 
adverse comments 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.

II. Background

    Section 110 of the CAA requires States to develop air pollution 
regulations and control strategies to ensure that air quality meets the 
National Ambient Air Quality Standards (NAAQS) established by EPA. The 
NAAQS are established under section 109 of the CAA and currently 
address six criteria pollutants: carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide. A SIP is a set of 
air pollution regulations, control strategies, other means or 
techniques, and technical analyses developed by the State, to ensure 
that air quality in the State meets the NAAQS. It is required by 
section 110 and other provisions of the CAA. A SIP protects air quality 
primarily by addressing air pollution at its point of origin. A SIP can 
be extensive, containing State regulations or other enforceable 
documents, and supporting information such as emissions inventories, 
monitoring networks, and modeling demonstrations. Each State must 
submit regulations and control strategies to EPA for approval and 
incorporation into the Federally-enforceable SIP.
    The Texas SIP includes a variety of control strategies, including 
the TERP, a program that provides funding for owners and operators to 
reduce emissions from heavy-duty diesel equipment used in areas that 
are not meeting the NAAQS for ozone.\1\ On October 10, 2006, the TCEQ 
submitted SIP revisions to EPA to revise the existing TERP program by 
establishing the Rebate Grant Process and the Texas Clean School Bus 
Program. The Rebate Grant Process will provide fast and simple access 
to rebate grants under the TERP. The Texas Clean School Bus Program 
also revises the TERP to fund efforts by school districts to improve 
the health of children by reducing emissions of diesel exhaust from 
school buses.
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    \1\ Although the TERP has several different components, the part 
of the plan that EPA approved into the Texas SIP is the Diesel 
Emissions Reduction Incentive Program for On-Road and Non-Road 
Vehicles. See 70 FR 48647 (August 19, 2005).
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    On January 17, 2008, the State submitted SIP revisions that further 
amend the TERP. These revisions authorize the TCEQ to allow travel on 
highways and roadways designated by the TCEQ to count toward the 
requirement that grant-funded vehicles operate at least 75 percent of 
the annual miles in the eligible counties; lower the cost-effectiveness 
criteria from $13,000 per ton of NOX reduced to $15,000 per 
ton of NOX reduced; and remove the option that vehicles, 
equipment, and engines replaced under the program may be removed from 
the State in lieu of being recycled or scrapped.
    On May 15, 2006, the State submitted SIP revisions addressing 
Locally Enforced Motor Vehicle Idling Limitations. The EPA first 
approved revisions to the Texas SIP that incorporated Locally Enforced 
Motor Vehicle Idling Limitations on April 11, 2005 (70 FR 18308), for 
use as a control strategy to reduce ground-level ozone. The current 
motor vehicle idling rules limit the idling time for certain motor 
vehicles. The SIP revisions submitted on May 15, 2006, prohibit idling 
of a vehicle within a school zone or within 1,000 feet of a public 
school during operating hours; modify the exemption that applies to 
motor vehicles with a gross vehicle weight rating of 14,000 pounds or 
less; clarify the intent of the rule; and add exemptions to allow 
idling the primary propulsion engine of a vehicle to provide air 
conditioning while using the vehicle to perform an essential function 
related to roadway construction or maintenance, and when powering an 
air conditioner in the vehicle's sleeper berth for a government-
mandated rest period.
    On February 28, 2008, the State submitted revisions to the SIP that 
further amend Locally Enforced Motor Vehicle Idling Limitations. The 
February 28, 2008 SIP revisions modify the exemption that applies to 
motor vehicles with a gross vehicle weight rating of 14,000 pounds or 
less; extend the expiration date of two subsections to September 1, 
2009; prohibit idling within 1,000 feet of hospitals and residential 
areas; and restrict idling of vehicles with sleeper berths when there 
is a vehicle heating and air conditioning hook-up facility located 
within two miles. Currently, there are no Federal regulations governing 
idling time for motor vehicles.
    More detail on each of these revisions is included below and in the 
Technical Support Document (TSD). The TSD is provided in the docket for 
this rulemaking.\2\
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    \2\ The docket for this rulemaking, which includes a TSD, is 
available at http://www.regulations.gov. The docket number is EPA-
R06-OAR-2006-0988.
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    We note one more SIP revision, submitted by the State on October 4, 
2001, which is not included in the TSD for this rulemaking. The State 
submitted revisions to the SIP on October 4, 2001, that included the 
repeal of 30 TAC 114.507 (Exemptions). Section 114.507 prohibited a 
motor vehicle with a gross vehicle weight rating greater than 14,000 
pounds from idling more than five consecutive minutes in the Houston-
Galveston-Brazoria area, from April 1 through October 31 of each 
calendar year. EPA did not take action on this portion of the revision, 
but on September 6, 2006, EPA approved a revision to the Texas SIP that 
removed from the SIP ``Division 1: Motor Vehicle Idling Limitations,'' 
which included section 114.507 (see 71 FR 52670). Therefore, that 
portion of the State's October 4, 2001 submittal that pertains to 
section 114.507 will not be acted on by EPA because it is superseded by 
the September 6, 2006 rulemaking.

[[Page 18063]]

III. What Did the State Submit?

A. The Rebate Grant Process

    The Rebate Grant Process is new within 30 TAC Chapter 114, Control 
of Air Pollution from Motor Vehicles; Subchapter K, Mobile Source 
Incentive Programs; Division 3, Diesel Emissions Reduction Incentive 
Program for On-Road and Non-Road Vehicles. The rule was adopted by the 
State on September 20, 2006, and submitted to EPA for approval into the 
SIP on October 10, 2006. The Rebate Grant Process is codified at 30 TAC 
114.624 and will provide for fast and simple access to TERP funds, 
using a streamlined process to award standardized rebates for 
designated project types. The State may award rebate grants for a 
specific region or statewide, limit or expand the project types to 
further the goals of the program, and designate another entity to 
administer the grants. The EPA is approving this revision to the SIP 
because it is consistent with section 110(1) of the CAA. The EPA notes, 
however, that in the DFW and Houston SIPs, certain commitments have 
been approved into the SIP for reducing NOX as necessary for 
the areas to reach attainment.\3\ Texas must continue to insure that 
these commitments are met.
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    \3\ For specific commitments that have been established for 
reducing NOX, as necessary, for DFW and Houston to reach 
attainment, please see the DFW SIP approved on January 14, 2009 (74 
FR 01903), and the Houston SIP approved on September 6, 2006 (71 FR 
52670).
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B. Texas Clean School Bus Program

    The Texas Clean School Bus Program is a new division in 30 TAC 
Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter 
K, Mobile Source Incentive Programs; Division 4, Texas Clean School Bus 
Program. The rule was adopted by the State on September 20, 2006, and 
submitted to EPA for approval into the SIP on October 10, 2006.
    There are five new sections within Division 4. Section 114.640 
(Definitions) identifies and defines the terms used in the Texas Clean 
School Bus Program: (1). Diesel exhaust, (2). Incremental Cost, (3). 
Qualifying fuel, (4). Repower, and (5). Retrofit. Section 114.642 
(Applicability) establishes program eligibility for school districts 
and charter schools statewide; the program is not limited to 
nonattainment areas. This section also allows regional planning 
organizations, such as Councils of Government and private non-profit 
organizations, to apply for and receive grants to improve the program. 
Section 114.644 (Clean School Bus Program Requirements) establishes the 
basic program requirements for the Clean School Bus Program, including: 
the types of projects eligible for a Clean School Bus grant; allowance 
for the TCEQ to limit and/or prioritize funding in a particular funding 
period to certain areas of the State; allowance for the TCEQ to 
establish other criteria in a particular funding period, including 
reductions in diesel exhaust emissions to be achieved and additional 
pollutants to be addressed; the minimum use and useful life of a 
project under the grant program; a requirement that for a proposed 
project that includes a replacement of equipment or a repower, the old 
equipment or engine must be recycled, scrapped, or otherwise 
permanently removed from the State; strict adherence to the application 
form; allowance of the use of grant funds to pay incremental costs 
associated with the project and prohibition against using the grant for 
administrative expenses; prohibition against use of grant funds to meet 
Federal or State legal requirements and for credit under any State or 
Federal emissions reductions credit averaging, banking, or trading 
program; \4\ and allowance for the TCEQ to require that the grant 
recipient return some or all of the grant funds if they fail to meet 
the terms of a project grant or conditions of the Texas Clean School 
Bus Program. Section 114.646 (Monitoring, Recordkeeping, and Reporting 
Requirements) requires grant recipients to adhere to the reporting 
requirements of their grant. Reports must occur at least annually. 
Section 114.648 (Implementation Schedule) establishes that the Texas 
Clean School Bus Program will expire on August 31, 2013.
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    \4\ Except as provided under Texas Health and Safety Code, 
section 386.056, which states that an owner or operator of a site 
located in the Houston-Galveston or Dallas-Fort Worth nonattainment 
area may, under certain circumstances, use emissions reductions 
generated by a program established under this chapter to offset the 
requirements of commission rules relating to control of air 
pollution from oxides of nitrogen.
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    Although the rules found in new Division 4 establish the needed 
framework for a clean school bus program, the Texas Clean School Bus 
Program would be funded by TERP only if TCEQ is given the necessary 
appropriation authority by the Texas State legislature (Texas 
Constitution, Article VIII, Section 6) and TERP revenues reach levels 
required to fund the program (Texas Health and Safety Code, section 
386.252). The Texas Clean School Bus Program remained unfunded during 
the 2006-2007 biennium because an appropriation was not made by the 
Texas State legislature. However, the program was funded during the 
2008-2009 biennium after the Texas State Legislature gave TCEQ the 
necessary appropriation authority (House Bill No. 1, 81st Legislature, 
Regular Session, General Appropriations Act).
    In a letter dated May 16, 2006, EPA provided TCEQ with comments, 
stating that in order for the Texas Clean School Bus Program to be 
approvable into the SIP under the Economic Incentive Program (EIP), 
reductions created by the plan must be surplus, quantifiable, 
enforceable, and permanent, and should be made consistent with the 
principles of equity and environmental benefit.\5\ In their submittal, 
TCEQ confirmed that the Texas Clean School Bus Program meets the 
requirements of a financial mechanism EIP under EPA's Improving Air 
Quality with Economic Incentive Programs guidance. Our analysis of this 
revision's consistency with EPA's EIP guidelines can be found in the 
TSD, which is provided in the docket for this rulemaking.
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    \5\ See EPA's Improving Air Quality with Economic Incentive 
Programs guidance, chapters 4 and 8 (January 2001).
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    The EPA is approving the above revisions to the SIP, which 
establish the needed framework for the Texas Clean School Bus Program, 
because they are consistent with section 110(1) of the CAA and EPA's 
EIP guidance. However, EPA notes once again that in the DFW and Houston 
SIPs, certain commitments have been approved into the SIP for reducing 
NOX as necessary for the areas to reach attainment. Texas 
must continue to insure that these commitments are met.

C. The Texas Emissions Reduction Plan (TERP)

    The TERP is found in 30 TAC Chapter 114, Control of Air Pollution 
from Motor Vehicles; Subchapter K, Mobile Source Incentive Programs; 
Division 3, Diesel Emissions Reduction Incentive Program for On-Road 
and Non-Road Vehicles. Revisions to the TERP were adopted by the State 
on September 20, 2006 and submitted to EPA for approval into the SIP on 
October 10, 2006. Subsequent revisions to the TERP were adopted by the 
State on December 5, 2007 and submitted to EPA for approval into the 
SIP on January 17, 2008. These are explained in detail below.
    The October 10, 2006 submittal provides for clarification of the 
definition of ``cost-effectiveness,'' as it applies to the TERP. The 
amendment to paragraph (1) in section 114.620 (Definitions) modifies 
the definition of ``cost-effectiveness'' to clarify how the cost-
effectiveness of TERP grant applications will be determined. Cost-

[[Page 18064]]

effectiveness is defined as the total dollar amount expended divided by 
the total number of tons of NOX emissions reduction 
attributable to that expenditure. In calculating cost-effectiveness, 
one time grants of money at the beginning of a project shall be 
annualized using a time value of public funds or discount rate 
determined for each project by TCEQ, taking into account the interest 
rate on bonds and interest earned by State funds. In addition, 
amendments to paragraphs (8) and (10) in section 114.620, replace the 
acronym ``EPA'' with ``United States Environmental Protection Agency.'' 
The EPA is approving these amendments because they will improve TERP 
program effectiveness by ensuring that the cost-effectiveness of 
projects under the TERP is accurately calculated.
    The revisions submitted on October 10, 2006 also address section 
114.622 (Incentive Program Requirements). Revisions to subsection (d) 
in section 114.622 establish that the TCEQ may set lower cost-
effectiveness limits as needed to ensure the best use of available 
funds, which will allow spending a larger amount of money per ton of 
NOX reduced. In addition to cost-effectiveness, the TCEQ may 
base project selection decisions on other measures when evaluating the 
effectiveness of projects in reducing NOX emissions in 
relation to the funds to be awarded. While many of the most cost-
effective projects have already been completed, old, polluting 
equipment remains in use in nonattainment areas and this revision would 
increase the eligibility of a portion of that equipment for TERP 
funding. The EPA is approving this amendment because it will allow TERP 
to fund less cost-effective projects that nevertheless would reduce 
NOX emissions in nonattainment areas.
    A portion of the October 10, 2006 revision to subsection (d) in 
section 114.622, which specifies that the cost-effectiveness of a 
proposed project under the TERP program must not exceed a cost-
effectiveness of $13,000 per ton of NOX emissions reduced, 
is superseded by a revision in the January 17, 2008 submittal, which 
further lowers the cost-effectiveness limits for projects to $15,000 
per ton of NOX emissions reduced. In addition, the amendment 
to subsection (c) of section 114.622, which requires that old equipment 
or engines that are part of a proposed project that includes a 
replacement of equipment or a repower be recycled, scrapped or 
otherwise permanently removed from the State, is superseded by the 
January 17, 2008 submittal, which requires grant recipients to recycle 
or scrap the old equipment or engine, except in specific grants in 
which the applicant provides sufficient assurances that an old 
locomotive will not be returned to the State. The EPA is approving 
these revisions because they will improve TERP program effectiveness by 
increasing the pool of eligible applicants for TERP funds and by 
providing greater certainty that older, higher emitting equipment will 
be removed from service.
    The January 17, 2008 submittal also revises subsection (b) of 
section 114.622 (Incentive Program Requirements), which authorizes the 
TCEQ to allow vehicles replaced or repowered under the TERP to travel 
on highways and roadways, or portions of a highway or roadway, 
designated by the TCEQ and located outside a nonattainment area or 
affected county to count towards the percentage-of-use requirement when 
determining eligibility for TERP grants. Previously, not less than 75 
percent of the vehicle miles traveled or hours of operation projected 
for the five years immediately following the award of a grant were 
required to be projected to take place in a nonattainment area or 
affected county in Texas. The requirement that at least 75 percent of 
the vehicle miles traveled or hours of operation projected for the five 
years immediately following the award of a grant must be projected to 
take place in a nonattainment area or affected county of the State of 
Texas, or on highways and roadways designated by the TCEQ and located 
outside a nonattainment area or affected county, is only used to 
determine TERP program eligibility. According to the TERP guidelines, 
usage outside of the nonattainment areas or affected counties will not 
count towards the emissions reductions used to determine the cost-
effectiveness of the project. The EPA is approving this revision to the 
SIP because it will result in more vehicles traveling in and around the 
nonattainment areas to be eligible for TERP grants.
    The EPA is approving the above revisions to the TERP program into 
the SIP because they are consistent with section 110(1) of the CAA, 
they give the State additional flexibility to allocate TERP funds to 
achieve the air quality goals of the State, and the TERP continues to 
be consistent with EPA's EIP guidance.\6\ EPA notes, however, that in 
the DFW and Houston SIPs, certain commitments have been approved into 
the SIP for reducing NOX as necessary for the areas to reach 
attainment. Texas must continue to insure that these commitments are 
met.
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    \6\ For our analysis of the consistency of the TERP revisions 
with EPA's Improving Air Quality with Economic Incentive Programs 
guidance (January 2001), please see the TSD, which is located in the 
docket for this rulemaking.
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D. Locally Enforced Motor Vehicle Idling Limitations

    The Locally Enforced Motor Vehicle Idling Limitations are found in 
30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; 
Subchapter J, Operational Controls for Motor Vehicles; Division 2, 
Locally Enforced Motor Vehicle Idling Limitations. This rule can be 
implemented within the jurisdiction of any local government in the 
State that has signed a Memorandum of Agreement (MOA) with the TCEQ. 
The local government that signs the MOA is delegated the authority to 
enforce the rule within its jurisdiction. Thus far, numerous cities and 
counties in the Austin and Dallas-Fort Worth areas have adopted these 
regulations.\7\ Revisions to Division 2 were adopted by the State on 
April 26, 2006, and submitted to EPA for approval into the SIP on May 
15, 2006. Subsequent revisions to Division 2 were adopted by the State 
on January 30, 2008, and submitted to EPA for approval into the SIP on 
February 28, 2008. These are explained in detail below.
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    \7\ For a current list of areas implementing idling restrictions 
in North Texas, visit http://www.nctcog.org/trans/air/programs/
idling/index.asp. For a current list of areas implementing idling 
restrictions in the Austin area, visit http://www.tceq.state.tx.us/
implementation/air/sip/vehicleidling.html.
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    The May 15, 2006 submittal revises section 114.512 (Control 
Requirements for Motor Vehicle Idling). The first amendment simply 
identifies the existing first paragraph as subsection (a). This 
paragraph states that no person shall cause, suffer, allow, or permit 
the primary propulsion engine of a motor vehicle to idle for more than 
five consecutive minutes when the motor vehicle is not in motion during 
the period of April 1 through October 31 of each calendar year. The EPA 
is approving this revision because it allows for existing section 
114.512 to be organized into subsections.
    The second revision to Section 114.512 adds new subsection (b), 
which states that no driver using the vehicle's sleeper berth may idle 
the vehicle in a school zone or within 1,000 feet of a public school 
during its hours of operation, an offense of which may be punishable by 
a fine not to exceed $500. A portion of new subsection (b) in section 
114.512 (submitted May 15, 2006), which establishes that this 
particular subsection expires on September 1, 2007, is superseded by a

[[Page 18065]]

revision in the February 28, 2008 submittal, which extends the 
expiration date to September 1, 2009. The February 28, 2008 submittal 
also revises subsection (b) by adding language to prohibit idling by 
drivers using the vehicle's sleeper berth in residential areas \8\ or 
within 1,000 feet of a hospital. The EPA is not taking action on the 
revisions to subsection (b) of section 114.512 that were submitted on 
May 15, 2006 and February 28, 2008, because the expiration date of 
September 1, 2009 has already passed, and subsection (b) is therefore 
no longer in effect.
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    \8\ As defined by Local Government Code, Section 244.001, which 
explains what areas are classified as residential areas.
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    The May 15, 2006 submittal also revises section 114.517 
(Exemptions). The amendment to paragraph (1) in section 114.517 
continues to exempt motor vehicles with a gross vehicle weight rating 
of 14,000 pounds or less, but if before September 1, 2007, only those 
that do not have a sleeper berth. This is superseded by the January 28, 
2008 revision, which provides the following: Paragraph (1) specifies 
that the control requirements for motor vehicle idling do not apply to 
``a motor vehicle that has a gross vehicle weight rating of 14,000 
pounds or less and does not have a sleeper berth.'' New paragraph (2) 
indicates that after September 1, 2009, all motor vehicles with a gross 
vehicle weight rating of 14,000 pounds or less will be exempt from the 
provisions of section 114.512 (Control Requirements for Motor Vehicle 
Idling). This revision simply clarifies that control requirements for 
motor vehicle idling do not apply to any motor vehicle with a gross 
vehicle weight rating of 14,000 pounds or less. The Locally Enforced 
Motor Vehicle Idling Limitations approved into the Texas SIP on April 
11, 2005 (70 FR 18308) applied only to heavy duty vehicles with a gross 
vehicle weight rating greater than 14,000 pounds, and were not intended 
to apply to any vehicle with a gross vehicle weight rating of 14,000 
pounds or less, regardless of whether or not it has a sleeper berth. 
This revision to section 114.517 allows for consistency with the TX SIP 
revisions approved in 2005. The EPA is approving these revisions 
submitted on February 28, 2008 because they provide for clarification 
of the exemptions to the motor vehicle idling limits. EPA is not taking 
action on the May 15, 2006 revision to paragraph (1) in section 
114.517, because it is superseded by the revisions submitted on 
February 28, 2008.
    The May 15, 2006, submittal also revises section 114.517, 
paragraphs (4) and (7). In paragraph (4), the phrase ``not including'' 
is replaced with ``other than,'' such that the paragraph reads that one 
of the exemptions to the control requirements for motor vehicle idling 
is ``the primary propulsion engine of a motor vehicle providing a power 
source necessary for mechanical operation, other than propulsion, and/
or passenger compartment heating, or air conditioning.'' In paragraph 
(7), the phrase ``comfort/safety'' is replaced with ``comfort and 
safety'' and the word ``those,'' referring to ``vehicles,'' is removed 
because it is redundant. In addition, the phrase ``or public'' is added 
and the phrase ``school buses'' is removed, to clarify that the primary 
propulsion engine of all motor vehicles intended for commercial or 
public passenger transportation, or passenger transit operations, are 
allowed to idle up to a maximum of 30 minutes when being used to 
provide air conditioning or heating necessary for passenger comfort and 
safety. Furthermore, the exemption regarding the propulsion engine of 
motor vehicles used for passenger transit operations is removed from 
paragraph (8) and inserted into paragraph (7). Revised paragraph (7) 
now reads that the provisions of section 114.512 do not apply to ``the 
primary propulsion engine of a motor vehicle that is being used to 
supply heat or air conditioning necessary for passenger comfort and 
safety in vehicles intended for commercial or public passenger 
transportation, or passenger transit operations, in which case idling 
up to a maximum of 30 minutes is allowed.'' Language is added to 
paragraph (8), exempting the primary propulsion engine of a motor 
vehicle being used to provide air conditioning or heating necessary for 
employee health or safety while the employee is using the vehicle to 
perform an essential job function related to roadway construction or 
maintenance, from the control requirements for motor vehicle idling. 
The new exemption found in paragraph (8) ensures that the control 
requirements for motor vehicle idling do not conflict with the Texas 
Department of Transportation guidelines for vehicle idling by 
employees. The revision to paragraph (8) will assist local 
jurisdictions in determining enforcement responsibilities. Text is 
edited in paragraphs (9) and (10) for clarification: the word ``or'' is 
removed from the end of paragraph (9) to indicate that it is no longer 
the next to last paragraph; in paragraph (10), the word ``who'' is 
replaced with ``that'' and a period is replaced with a semi-colon and 
the word ``or'' is added to the end of paragraph (10), to indicate that 
it is no longer the final paragraph in section 114.517. The EPA is 
approving these revisions because they help to clarify procedures 
regarding idling restrictions.
    The May 15, 2006 submittal also adds new paragraph (11), which 
exempts from the control requirements for motor vehicle idling, a motor 
vehicle when idling is necessary to power a heater or air conditioner 
while a driver is using the vehicle's sleeper berth for a government-
mandated rest period. The February 28, 2008 submittal revises paragraph 
(11) by adding language that prohibits idling to power a heater or air 
conditioner while a driver is using the vehicle's sleeper berth if the 
vehicle is within two miles of a facility offering external heating and 
air conditioning connections at a time when those connections are 
available. It should be noted that in a letter dated January 17, 2006, 
EPA provided TCEQ with comments, stating that the addition of exemption 
(11) would weaken the SIP rules approved by EPA in 2005. We added that 
we would not be able to approve this revision into the SIP unless TCEQ 
would provide substitute reductions or modeling to show that attainment 
can be met without the credits affected by these changes. TCEQ did not 
revise the rule or provide new substitute reductions or modeling in 
response to our comments. However, the February 28, 2008 submittal 
extends the expiration date of paragraph (11) to September 1, 2009, and 
it should be noted that the expiration date has passed and the 
exemption is no longer in effect. Therefore, the EPA is not taking 
action on the revisions to paragraph (11) that were submitted on May 
15, 2006, and February 28, 2008.
    The February 28, 2008 submittal also revises section 114.517 
(Exemptions), by renumbering the paragraphs to account for new 
paragraph (2). The EPA is approving this revision to the SIP because it 
allows for clarity and consistency in the numbering of the paragraphs 
in section 114.517.
    The EPA is approving the above revisions to the Locally Enforced 
Motor Vehicle Idling Limitations into the SIP because they are 
consistent with section 110(1) of the CAA, and because they allow for 
clarity and consistency of the exemptions and control requirements for 
motor vehicle idling.

IV. Final Action

    The EPA is approving revisions to the Texas SIP submitted to EPA on 
May 15, 2006, October 10, 2006, January 17, 2008, and February 28, 
2008, which

[[Page 18066]]

apply to 30 TAC Chapter 114, Control of Air Pollution from Motor 
Vehicles. These revisions establish the Rebate Grant Process and Texas 
Clean School Bus Program, and amend the TERP and Locally Enforced Motor 
Vehicle Idling Limitations. The revisions are consistent with section 
110(1) of the Act.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have Tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the State, 
and EPA notes that it will not impose substantial direct costs on 
Tribal governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 8, 2010. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See Section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental Relations, Nitrogen oxides, Ozone, 
Volatile organic compounds.

    Dated: March 24, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart SS--Texas

0
2. The table in Sec.  52.2270(c) entitled ``EPA Approved Regulations in 
the Texas SIP'' is amended under Chapter 114 (Reg 4) as follows:
0
a. Under Subchapter J, Division 2, by revising the entries for sections 
114.512 and 114.517;
0
b. Under Subchapter K, Division 3, by revising the entries for sections 
114.620 and 114.622, and adding a new entry for section 114.624;
0
c. Under Subchapter K, immediately following section 114.629, by adding 
a new centered heading ``Division 4: Texas Clean School Bus Program,'' 
followed by new entries for sections 114.640, 114.642, 114.644, 114.646 
and 114.648.
    The revisions and additions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA-Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                 State approval/
       State citation           Title/Subject       Submittal    EPA approval date           Explanation
                                                      date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                        Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
----------------------------------------------------------------------------------------------------------------


[[Page 18067]]


                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                              Subchapter J--Operational Controls for Motor Vehicles
                          Division 2: Locally Enforced Motor Vehicle Idling Limitations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 114.512.............  Control                 1/30/2008  4/9/2010.........  Not in SIP: 114.512(b).
                               Requirements for                  [Insert FR page
                               Motor Vehicle                      number where
                               Idling.                            document begins].
Section 114.517.............  Exemptions.......       1/30/2008  4/9/2010.........  Not in SIP: 114.517(12).
                                                                 [Insert FR page
                                                                  number where
                                                                  document begins].
----------------------------------------------------------------------------------------------------------------
                                 Subchapter K--Mobile Source Incentive Programs
            Division 3: Diesel Emission Reduction Incentive Program for On-road and Non-road Vehicles
----------------------------------------------------------------------------------------------------------------
Section 114.620.............  Definitions......       9/20/2006  4/9/2010.........  ............................
                                                                 [Insert FR page
                                                                  number where
                                                                  document begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 114.622.............  Incentive Program       12/5/2007  4/9/2010.........  ............................
                               Requirements.                     [Insert FR page
                                                                  number where
                                                                  document begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 114.624.............  Rebate Grant            9/20/2006  4/9/2010.........  ............................
                               Process.                          [Insert FR page
                                                                  number where
                                                                  document begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Division 4: Texas Clean School Bus Program
----------------------------------------------------------------------------------------------------------------
Section 114.640.............  Definitions......       9/20/2006  4/9/2010.........  ............................
                                                                 [Insert FR page
                                                                  number where
                                                                  document begins].
Section 114.642.............  Applicability....       9/20/2006  4/9/2010.........  ............................
                                                                 [Insert FR page
                                                                  number where
                                                                  document begins].
Section 114.644.............  Clean School Bus        9/20/2006  4/9/2010.........  ............................
                               Program                           [Insert FR page
                               Requirements.                      number where
                                                                  document begins].
Section 114.646.............  Monitoring,             9/20/2006  4/9/2010.........  ............................
                               Recordkeeping,                    [Insert FR page
                               and Reporting                      number where
                               Requirements.                      document begins].
Section 114.648.............  Implementation          9/20/2006  4/9/2010.........  ............................
                               Schedule.                         [Insert FR page
                                                                  number where
                                                                  document begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 18068]]

[FR Doc. 2010-8005 Filed 4-8-10; 8:45 am]
BILLING CODE 6560-50-P

