
[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Proposed Rules]
[Pages 21179-21187]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08342]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2010-0890; FRL-9909-39-Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Control of Air Pollution From Motor Vehicles, Vehicle Inspection 
and Maintenance and Locally Enforced Motor Vehicle Idling Limitations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Texas State Implementation Plan (SIP). The 
revisions to the Texas Administrative Code (TAC) were submitted in 
2002, 2005, 2006, 2008, 2010, 2011 and 2012. These revisions are 
related to the implementation of the state's motor vehicle emissions 
Inspection and Maintenance (I/M) program and the Locally Enforced Motor 
Vehicle Idling Limitations. The EPA is proposing to

[[Page 21180]]

approve these revisions pursuant to the Clean Air Act (CAA).

DATES: Comments must be received on or before May 15, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2010-0890, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions.
     Email: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please 
also send a copy by email to the person listed in the FOR FURTHER 
INFORMATION CONTACTsection below.
     Mail or Delivery: Mr. Guy Donaldson, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2010-0890. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The 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 email 
comment directly to EPA without going through www.regulations.gov, your 
email 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. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index and in hard copy at EPA Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas. While all documents in the docket are 
listed in the index, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material), and some may not 
be publicly available at either location (e.g., CBI). To inspect the 
hard copy materials, please schedule an appointment with the person 
listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. 
Bill Deese at 214-665-7253.

FOR FURTHER INFORMATION CONTACT: Mr. John Walser (6PD-L), Air Planning 
Section, telephone (214) 665-7128, fax (214) 665-6762, email: 
walser.john@epa.gov.
    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.

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

Table of Contents

I. Background
    A. What is a SIP?
    B. What is vehicle inspection and maintenance?
    C. What are the Texas Motor Vehicle Idling Limitations?
II. Overview of the State Submittals
    A. The August 16, 2002 Submittal
    B. The December 30, 2002 Submittal and January 20, 2006 Update
    C. The November 14, 2005 Submittal
    D. The May 15, 2006 Submittal
    E. The February 28, 2008 Submittal
    F. The December 22, 2010 Submittal
    G. The August 30, 2011 Submittal
    H. The August 31, 2012 Submittal
III. EPA's Evaluation of the Submittals
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Background

A. What is a SIP?

    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. SIPs 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 regulations that control air pollution from motor vehicles such as 
the Inspection and Maintenance (I/M) program and Locally Enforced Motor 
Vehicle Idling Limitations.

B. What is vehicle inspection and maintenance?

    The Clean Air Act required ozone nonattainment areas classified 
moderate and higher to have vehicle inspection and maintenance programs 
to ensure that emission controls on vehicles are properly maintained. 
The Texas vehicle I/M program, which is referred to as the Texas 
Motorist Choice (TMC) Program, was approved by EPA in the Federal 
Register on November 14, 2001 (66 FR 57261).1 2
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    \1\ On November 14, 2001 we approved the Texas Motorist Choice 
(TMC) Vehicle I/M program (66 FR 57261). We neglected to update 
table (e) in 40 CFR 52.2270 titled ``EPA Approved Nonregulatory 
Provisions and Quasi-Regulatory Measures in the Texas SIP'' to 
reflect this approval. While we note that this oversight created a 
flaw in the codification of the Texas SIP, a technical correction to 
the SIP is not needed at this time. Upon our approval of the State's 
revisions to the renamed I/M Program, the TMC Vehicle I/M program 
will appropriately address the correction in 40 CFR 52.2770(e), and 
will remedy the previous flaw.
    \2\ Previous actions taken toward full approval of the TMC I/M 
program include: A proposed conditional interim approval proposed on 
October 3, 1996 (61 FR 51651); an interim final conditional approval 
published on July 11, 1997 (62 FR 37138); and a direct final action 
on April 23, 1999 (64 FR 19910) to remove the conditions.
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    The State's TMC program requires that gasoline powered light-duty 
vehicles, and light and heavy-duty trucks between two and twenty-four 
years old, that are registered or required to be registered in the I/M 
program area, including fleets, are subject to annual inspection and 
testing. Vehicles in Dallas, Tarrant, Collin, Denton, Ellis, Johnson, 
Kaufman, Parker, and Rockwall counties in the DFW area, and Harris, 
Galveston, Brazoria, Fort Bend, and Montgomery in the HGB nonattainment 
area that are 1995 and older are subject to an ASM-2 tailpipe test. 
Vehicles in those counties that are 1996 and newer receive the On-Board 
Diagnostic (OBD) test in place of the tailpipe test.
    Currently, all I/M program vehicles in El Paso County are subject 
to the two-

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speed idle tailpipe test if they are model year 1995 or older, or an 
OBD test if they are model year 1996 or newer.
    Vehicles in all program areas are also currently subject to a gas 
cap pressure check and an anti-tampering inspection as part of the 
statewide annual safety inspection.

C. What are the Texas Motor Vehicle Idling Limitations?

    Texas idling rules implement idling limits for gasoline and diesel-
powered engines in heavy-duty motor vehicles within the jurisdiction of 
any local government in the State that has signed a Memorandum of 
Agreement (MOA) with TCEQ. The Texas Motor Vehicle Idling Limits were 
approved by EPA into the SIP on April 11, 2005 (70 FR 18308), and 
revisions to the rule were approved by EPA on April 9, 2010 (75 FR 
18061). The local government that signs the MOA is delegated the 
authority to enforce the rule within its jurisdiction. Participation in 
the vehicle idling program is voluntary and thus far, numerous cities 
and counties in the Central Texas Area (CTA) and North Central Texas 
Area (NCTA) have entered into this agreement.\3\ The vehicle idling 
program provides local governments the option of implementing the rules 
when additional control measures are needed to achieve or maintain 
attainment of the ozone NAAQS.
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    \3\ For a current list of areas implementing idling restrictions 
in the NCTA, visit http://www.nctcog.org/trans/air/programs/idling/index.asp. For a current list of areas implementing idling 
restrictions in the CTA, visit http://www.tceq.state.tx.us/implementation/air/sip/vehicleidling.html.
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II. Overview of the State Submittals

A. The August 16, 2002 Submittal

    On August 16, 2002, the TCEQ submitted SIP revisions to EPA that 
amended rules related to the implementation of the state's motor 
vehicle emissions I/M program. These revisions modified the testing 
network design, emission test fees, incentives to inspection stations 
for early participation in the I/M program, equipment specifications 
and requirements related to vehicle waivers and test on resale. 
Additionally, the TCEQ repealed the provisions for waivers and 
extensions for inspection requirements because the rules are 
duplicative of Department of Public Safety (DPS) waiver rules in 37 TAC 
Sec.  23.93. As discussed further in Section III of this proposal, 
Texas subsequently submitted the DPS waiver rules for SIP approval.

B. The December 30, 2002 Submittal and January 20, 2006 Update

    On December 30, 2002, the State submitted SIP revisions that 
further amend the vehicle I/M program and the Accelerated Vehicle 
Retirement Program. These revisions include the continuation of two-
speed idle (TSI) testing in the El Paso program area; the removal of 
requirements for OBD testing; the addition of a contingency measure 
that the El Paso program area will implement OBD testing should the 
Commission publish notice in the Texas Register of a determination that 
contingency measures are necessary in order to maintain attainment of 
the NAAQS; and the deletion of the requirement that all emissions 
inspection stations offer both TSI and OBD tests until the contingency 
measure is triggered. The State submitted to EPA supplemental technical 
clarification information in a letter dated January 20, 2006 and 
officially withdrew from EPA's consideration the revisions in the 
December 30, 2002 submittal that moved OBD testing to a contingency 
measure (please see Docket I.D. EPA-R06-OAR-2011-0890). Prior to the 
December 30, 2002 rule revisions and I/M SIP revision, TSI was to 
continue and OBD testing was scheduled to commence in El Paso in 2003. 
The 2005 SIP revisions (see November 14, 2005 submittal below) require 
TSI testing to continue and OBD testing to commence in El Paso in 
January 2007. Therefore, the State indicated in the January 2006 letter 
that the 2002 revisions that establish OBD as a contingency measure 
were no longer necessary. Based on the State's January 20, 2006 letter, 
the only remaining provisions that the State did not withdraw were 
changes to 114.50(a) and (b) concerning vehicle emission inspection 
requirements.

C. The November 14, 2005 Submittal

    On November 14, 2005, the State submitted SIP revisions to the 
existing vehicle I/M program. These revisions amended the I/M program 
for all gasoline-powered motor vehicles two through twenty four years 
old that are registered and primarily operated in El Paso County. The 
amendments require implementation of OBD testing on all OBD-equipped 
1996 and newer model year vehicles, and continue TSI testing of pre-
1996 model year vehicles. The amendments require all emissions test 
stations in the El Paso program area to offer both TSI testing and OBD 
testing to the public beginning January 1, 2007. Additionally, the 
amendments update the vehicle emissions testing equipment 
specifications used in all Texas I/M program areas to include a United 
States Environmental Protection Agency OBD communication component, 
known as a controller area network (CAN).

D. The May 15, 2006 Submittal

    On April 26, 2006, the State adopted and on May 15, 2006, submitted 
to EPA for approval into the SIP revisions to 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. On April 9, 2010, EPA approved these revisions to 
the motor vehicle idling limits into the SIP, with the exception of one 
revision to section 114.512 and one revision to section 115.517 (75 FR 
18061). The revision to section 114.512 added a provision that expired 
on September 1, 2007, prohibiting drivers using a vehicle's sleeper 
berth from idling in a school zone or within 1,000 feet of public 
school during its hours of operation. The revision to section 114.517 
added an exemption from the motor vehicle idling limits for a motor 
vehicle when idling is necessary to power heating and air conditioning 
during a government-mandated rest period. EPA is now taking action on 
these remaining revisions from the May 15, 2006 submittal.

E. The February 28, 2008 Submittal

    On January 30, 2008, the State adopted and on May 15, 2006, 
submitted further revisions to the Locally Enforced Motor Vehicle 
Idling Limitations. On April 9, 2010, EPA approved these revisions to 
the motor vehicle idling limits into the SIP, with the exception of one 
further revision to section 114.512 and section 114.517. The revision 
to section 114.512 expanded the prohibition on drivers using a 
vehicle's sleeper berth to idle in a school zone or within 1,000 feet 
of a public school to also apply in a residential area or within 1,000 
feet of a hospital, and also extended the prohibition's expiration date 
to September 1, 2009. The revision to section 114.517 narrowed the 
exemption for a motor vehicle when idling to power heating or air 
conditioning during a government mandated rest period such that the 
exemption applies only when the motor vehicle is not within two miles 
of a facility offering external heating and air conditioning 
connections at a time when those connections are available, and 
extended the exemption's expiration date to September 1, 2009. EPA is 
now taking action on these

[[Page 21182]]

remaining revisions from the February 28, 2008 submittal.

F. The December 22, 2010 Submittal

    On December 22, 2010, the State submitted SIP revisions concerning 
the requirements for low-volume vehicle emissions inspection stations 
and the vehicle emissions inspection analyzer specifications. The 
revisions streamline the process for implementing minor non-
programmatic modifications to the vehicle emissions inspection analyzer 
specifications and include various non-substantive changes to apply 
appropriate and consistent use of acronyms, section references, 
structure, formatting and certain terminology.

G. The August 30, 2011 Submittal

    On August 30, 2011, the State submitted SIP revisions concerning 
the requirements for Locally Enforced Motor Vehicle Idling Limitations. 
The revisions allow enforcement of heavy-duty vehicle idling year 
round; removes the expired prohibition for drivers using sleeper berths 
to idle in residential areas, school zones, and near hospitals; removes 
expiration dates that are no longer applicable, removes the duplicative 
exemption for a motor vehicle that has a gross vehicle weight rating of 
14,000 pounds or less and replaces it with a new exemption for armored 
vehicles; and retains the exemption for a motor vehicle when idling for 
heating or air conditioning while a driver is using the vehicles 
sleeper berth for a government-mandated rest period, and is not within 
two miles of a facility offering external heating or air conditioning. 
As noted above, this expired date was removed from the exemption.

H. The August 31, 2012 Submittal

    On August 31, 2012, the State submitted SIP revisions that further 
amend the requirements for Locally Enforced Motor Vehicle Idling 
Limitations. The revisions create a new exemption for motor vehicles 
that have a gross vehicle weight rating greater than 14,000 pounds and 
are equipped with a 2008 or subsequent model year heavy-duty diesel 
engine or liquefied or compressed natural gas engine that has been 
certified by the EPA or another state environmental agency to emit no 
more than 30 grams of nitrogen oxides emissions per hour when idling.

III. EPA's Evaluation of the Submittals

    The revisions proposed to be approved address 30 TAC 114, 
Subchapter A (Control of Air Pollution from Motor Vehicles), Subchapter 
C (Vehicle Inspection and Maintenance), and Subchapter J, (Operational 
Controls for Motor Vehicles). We have prepared a Technical Support 
Document (TSD) for this proposal which details our evaluation. Our TSD 
may be accessed on-line at http:www.regulations.gov, Docket No. EPA-
R06-OAR-2010-0890.
    Our primary consideration for determining the approvability of the 
TCEQ's submittals is whether these proposed actions comply with section 
110(l) of the Act. Section 110(l) of the Act provides that a SIP 
revision must be adopted by a State after reasonable notice and public 
hearing. Additionally, CAA Sec.  110(l) states that the EPA cannot 
approve a SIP revision if that revision would interfere with any 
applicable requirement regarding attainment, reasonable further 
progress (RFP) or any requirement established in the CAA. In the case 
of the I/M revisions, we must also consider whether these revisions 
comply with our inspection and maintenance requirements at 40 CFR part 
51, Subpart S and 40 CFR 85.2222 (Federal I/M Rules). Our evaluation of 
the submittals found that the SIP revisions were adopted by the State 
after reasonable notice and public hearing, and that approval of the 
revisions would not interfere with any CAA requirement.

A. The August 16, 2002 Submittal

    The State adopted revisions to 30 TAC Chapter 114, Control of Air 
Pollution from Motor Vehicles, Subchapter A, Definitions, Section 
114.2; and Subchapter C, Vehicle Inspection and Maintenance, Sections 
114.50--114.53. The SIP revisions contain a revised narrative, rules, 
and supporting documentation as outlined in the requirements of the 
Federal I/M rules.
    Section 114.2 identifies and defines the terms used in the I/M 
program. Sections 114.2(3)-(13) are renumbered to account for the 
addition of 114.2(3) which adds a definition for low volume emissions 
inspection station. There is no federal definition of the term ``low 
volume emissions inspection station.'' We propose to find this term 
approvable because it does not conflict with any federal requirement. 
Section 114.2(5), previously 114.2(4), is modified to add new text 
``all references to OBD should be interpreted to mean the second 
generation of this equipment, sometime referred to as OBDII.'' This 
text ensures that the most recent technology is available for testing 
and consistent with federal requirements.
    These revisions are ministerial and or add clarification and we 
therefore propose that they are approvable.
    Section 114.50 establishes vehicle emissions inspection 
requirements. Section 114.50(a)(2)(A), (a)(3)(A), (a)(4)(A), (a)(4)(D), 
(a)(4)(F), and (a)(5)(A) are modified to delete the qualifier ``If OBD 
data cannot be collected from the vehicle, an EPA-approved tailpipe 
emissions test will be used.'' These revisions cover the DFW area, DFW 
extended area, and the HGA areas. Throughout Section 114.50, that 
statement is deleted because it is rare that OBD data cannot be 
collected from vehicles. In those instances, the station will check the 
OBD malfunction indicator light (MIL), one of the primary pass/fail 
criteria for OBD inspections. This provision is discretionary and its 
removal will not have a significant impact on the effectiveness of the 
program because TCEQ estimates that less than 1.0% of the testable OBD 
fleet will be unable to process data to the OBD analyzer. We propose to 
find that this revision is approvable because it will not interfere 
with attainment and reasonable further progress or any other applicable 
requirement.
    Section 114.50(a)(2)(C), 114.50(a)(3)(C) and 114.50(a)(4)(C) add 
new text indicating that all emissions inspection stations in affected 
program areas shall offer both the ASM-2 test and the OBD test to the 
public, except low volume emissions inspection stations. The phrase 
``if OBD data cannot be collected from the vehicle, an EPA-approved 
tailpipe emissions test will be used'' was essentially moved from 
114.50(a)(2)(A), (B), and (C) and included in sections 114.50(a)(2)(C), 
3(C) and 4(C) language stating that the inspection stations shall offer 
both the ASM-2 test and the OBD test. We propose to find that these 
revisions are approvable because the language does not conflict with 
any federal requirements. Section 114.50(a)(5)(C) is new text stating 
that ``all vehicle emissions inspection stations in the El Paso program 
area shall offer both the TSI test and the OBD test to the public.'' 
\4\ This revision ensures that inspections stations in El Paso are able 
to comply with the federal requirement to conduct OBD testing on model 
year 1996 and newer light-duty vehicles (40 CFR Part 51, Subpart S and 
40 CFR 85.2222). Section 114.50(b)(5) is modified to delete the minimum 
expenditure waiver and parts

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availability time extension and adds documentation requirements for 
waivers or time extension. Section 114.50(b)(6) is modified to add the 
phrase ``or in any county adjacent to a program area'' to the section. 
The proposed revision extends the current remote sensing program to 
include vehicles commuting into the area from neighboring counties. We 
propose to find that this revision is also approvable because it 
increases required participation in the program beyond the federal 
requirements.
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    \4\ This language was repealed in the December 30, 2002 
submittal when Texas made OBD testing in the El Paso area a 
contingency measure, as discussed in Section III.B of this proposal. 
However, this concept was reinstated at 114.50(a)(4)(D) in the 
November 14, 2005 submittal when Texas added OBD testing back into 
the SIP for 1996 and newer vehicles in the El Paso area starting in 
2007, as discussed in Section III.C of this proposal.
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    Section 114.50(b)(7) is a new section adding new requirements for 
vehicles resold into a program area from areas not in an I/M program 
area. The revision adds a test-on-resale component to the I/M program 
and requires proof that the vehicle has passed an emissions inspection 
within 90 days before transfer in order to be eligible for title 
receipt or registration. The provision provides an exception for all 
1996 and newer vehicles with less than 50,000 miles. This revision 
captures the requirement to test those vehicles that are registered in 
a county without the I/M program that may be resold into a program 
area. We propose to approve this revision because we believe it should 
result in additional emission reductions by ensuring vehicles sold 
within the nonattainment areas have passed an emissions test. Other 
revisions to Section 114.50 are ministerial in nature and include 
renumbering.
    Section 114.51 identifies the equipment evaluation procedures for 
vehicle exhaust gas analyzers. Section 114.51(a) is modified to update 
the vehicle analyzer specification date from November 1, 2000 to June 
15, 2001.
    Section 114.52, Waivers and Extensions for Inspection Requirement 
is repealed because the requirements are duplicative in DPS rules, 37 
TAC 23.93, relating to vehicle emission inspection and maintenance 
requirements. The state submitted those rules in the November 14, 2005, 
submittal discussed further in Section III.C of this proposal. The 
state also proposed a new Section 114.52, Early Participation Incentive 
Program (EPIP). More detail on each of these revisions is in the 
Technical Support Document (TSD), which is provided in the docket for 
this rulemaking. Based on the subsequent submittal of the equivalent 
rules at 37 TAC 23.93, we propose to find that the repeal of Section 
114.52 is approvable.
    New Section 114.52 established the Early Participation Incentive 
Program, its purpose, eligibility, program acceptance, enrollment and 
other program requirements to ensure an adequate number of emissions 
inspection stations were open to the public during the early 
implementation of the program. The incentive program would be available 
to the first 1,000 eligible emissions inspection stations in Dallas, 
Tarrant, Denton, Collin, and Harris Counties or adjacent counties. The 
program would provide emissions inspection station owners or operators 
with a financial assurance if ASM-2 testing were to be terminated 
within three years of the program start date on May 1, 2002. These 
changes enhanced the program, provided financial assurance and 
increased the availability of inspection stations to the public. 
Because the I/M program was fully implemented, this section was 
repealed by TCEQ in a future adoption (November 18, 2010). Please see 
the discussion of the December 22, 2010 submittal in Section III of 
this proposal and in Section C6 of the TSD for more detail.
    Section 114.53 establishes inspection and maintenance fees. Section 
114.53(a)(2) is modified to change the amount of fees collected by the 
inspection stations in El Paso County and specifies the amount remitted 
to Department of Public Safety (DPS), depending on the county adoption 
of a resolution regarding Low Income Repair Assistance Program (LIRAP) 
participation. Section 114.53(a)(3) is modified to update the amount of 
fees collected by the inspection stations in the Dallas/Ft Worth (DFW) 
Program area. Section 114.53(a)(4) is modified to update the amount of 
fees collected by the inspection stations in the Houston/Galveston/
Brazoria (HGB) program area.
    This submittal was adopted consistent with the public notice SIP 
requirements of CAA Sec.  110(l). We propose to find that these 
revisions are approvable because they add specificity to the program. 
Further, these revisions do not interfere with any applicable 
requirement concerning attainment and reasonable further progress, or 
any other applicable requirement, are consistent with EPA's rules for 
I/M programs at 40 CFR part 51, Subpart S and 40 CFR 85.2222, and do 
not result in emissions increases.

B. The December 30, 2002 Submittal and January 20, 2006 Update

    On December 4, 2002, the State adopted revisions to 30 TAC Chapter 
114, Control of Air Pollution from Motor Vehicles, Subchapter C, 
Vehicle Inspection and Maintenance and Low Income Vehicle Repair 
Assistance, Retrofit, and Accelerated Vehicle Retirement Program, 
Division 1, Vehicle I/M program and Section 114.50. The amendments 
include the continuation of TSI testing in the El Paso area, and 
instead of requiring OBD testing of 1996 and newer cars to commence, 
made OBD testing in the El Paso area a contingency measure to be 
implemented if the area violated the ozone standard.
    The State later submitted to EPA supplemental technical 
clarification information in a letter dated January 20, 2006 and 
withdrew from EPA consideration the revisions in the December 30, 2002 
submittal that moved OBD testing to a contingency measure (please see 
Docket I.D. EPA-R06-OAR-2010-0890). The 2005 SIP revisions (see section 
below) require TSI testing to continue on older cars and OBD testing to 
commence in El Paso in January 2007 for 1996 and newer cars. Therefore, 
the State indicated that the 2002 revisions are no longer necessary.
    EPA's evaluation of the December 30, 2002 submittal is limited to 
the provisions in that submittal that the State did not withdraw, which 
are 114.50(a) and (b) concerning vehicle emissions inspection 
requirements. Section 114.50(a) is revised to clarify that program 
areas are defined in section Sec.  114.2. Other changes to Section 
114.50 are ministerial and or offer clarifying language.
    The SIP revision contains a revised narrative, rules, and 
supporting documentation as outlined in the requirements of the Federal 
I/M Rules. This submittal was adopted consistent with the public notice 
SIP requirements of CAA Sec.  110(l). We propose to find that these 
revisions are approvable because they either clarify the requirement or 
are non-substantive in nature. The revisions in this submittal do not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress, or any other applicable requirement and 
are consistent with EPA's rules for I/M programs at 40 CFR part 51, 
Subpart S and 40 CFR 85.2222. Additional details are available in the 
TSD for the rulemaking.

C. The November 14, 2005 Submittal

    The State adopted revisions to 30 TAC Chapter 114, Sections 114.2, 
114.50, 114.51 and 114.53. The amendments revise the existing I/M 
program for all covered gasoline-powered motor vehicles in El Paso 
County. The revisions require implementation of OBD testing of all OBD-
equipped 1996 and newer model year vehicles, and continue TSI testing 
of pre-1996 model year vehicles. Also, the revisions require all 
emissions test stations in the El Paso program area to offer both TSI 
testing and OBD testing to the public beginning January 1, 2007. 
Additionally, the revisions update the vehicle emissions testing 
specification

[[Page 21184]]

used in all Texas I/M program areas to include an EPA OBD communication 
component, known as controller area network (CAN) and other changes to 
improve the enforceability of the program. A detailed discussion of the 
changes is contained in the TSD.
    It is worth pointing out that in section 114.50(b)(2) there are 
several non-substantive editorial changes. However, section 
114.50(b)(2) should not be part of the approved SIP because it deals 
with federal facilities, so we are not acting on this revision at this 
time.\5\
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    \5\ Texas revised its regulations to include EPA's Federal 
facilities reporting requirements found in 40 CFR 51.356(a)(4). This 
particular Federal regulation requires an approvable State I/M 
program to have Federal facilities operating vehicles in the I/M 
program areas(s) report certification of compliance to the State. 
This requirement appears to be different than those for other non-
Federal groups of affected vehicles. EPA did not require the State 
to implement or adopt this reporting requirement dealing with 
Federal installation within I/M areas at the time of program 
approval. The Department of Justice recommended to EPA that this 
particular Federal regulation be revised because it appears to grant 
States authority to regulate Federal installations in circumstances 
where the Federal government has not waived sovereign immunity. It 
would not be appropriate to require compliance with this regulation 
or to require it for an approvable I/M program, if it is not 
constitutionally authorized. EPA intends to address this provision 
in the future and will review State I/M SIPs with respect to this 
issue whenever EPA finalizes a new rule. At this time, EPA will not 
approve or disapprove the specific requirements of 30 TAC 
114.50(b)(2), which apply to Federal facilities, as part of the 
Texas I/M SIP.
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    In addition to the changes to the I/M rules, corresponding changes 
to the SIP narrative are included in the SIP submittal. This includes 
Attachment A, ``Technical Supplement, Inspection/Maintenance (I/M) 
Performance Standards for Low-Enhanced Program Areas (EPA Flexibility 
Amendments), October 26, 2005, Rule Project No. 2005-026-114-EN, 
Technical Supplement.'' The submittal also includes revisions to 
Appendix K ``Specification for Vehicle Gas Analyzer Systems for Use in 
the Texas Vehicle Emissions Testing Program''; Appendix G 
``Specifications for On-Board Diagnostics II (OBD-II) Analyzer for Use 
in the Texas Vehicle Emissions Testing Program''; and Appendix I 
``Rules and Regulations for Official Vehicle Inspection Stations and 
Certified Inspectors, Texas Department of Public Safety, dated January 
1, 2003.'' Appendix I includes the DPS rules for waiver and extensions 
for inspection requirements that were repealed from Section 114.52 in 
Texas's August 16, 2002 submittal, as previously discussed in Section 
III.A of this proposal. The State repealed those requirements because 
they are duplicative of those contained in DPS rules 37 TAC Sec.  
23.93. In a comment letter dated September 19, 2001, EPA requested that 
Texas submit the waiver rules in 37 TAC Sec.  23.93 to replace the 
repealed 114.52 in the SIP. In a clarification letter from TCEQ on 
January 22, 2014, TCEQ explained that the DPS rules contained in 
Appendix I of the November 14 2005, submittal fully replace the waiver 
requirements that TCEQ repealed from 114.52 in the August 16, 2002 
submittal (please see Docket I.D. EPA-R06-OAR-2011-0890). Texas's 
submittal of the DPS rules in Appendix I on the November 14, 2005, 
meets the requirement for a SIP submittal. These appendices are 
included in this rulemaking for proposed approval.
    The SIP revision contains a revised narrative, rules, and 
supporting documentation as outlined in the requirements of the Federal 
I/M Rules. This submittal primarily replaces the two speed idle test 
with the OBD testing for 1996 and newer vehicles in the El Paso area 
starting in 2007. OBD testing is more effective for newer vehicles. 
This submittal was adopted consistent with the public notice SIP 
requirements of CAA Sec.  110(l). We propose to find that these 
revisions are approvable because they either make the program more 
effective or are non-substantive in nature. Further, these revisions do 
not interfere with any applicable requirement concerning attainment and 
reasonable further progress, or any other applicable requirement and 
are consistent with EPA's rules for I/M programs at 40 CFR part 51, 
Subpart S and 40 CFR 85.2222.

D. The December 22, 2010 Submittal

    This submission includes a revision to the I/M program to improve 
implementation. The revisions to the I/M program, as detailed below do 
not change the effectiveness of the program but ease implementation. At 
the same time the State adopted changes to the Low Income Repair 
Assistance Program. The changes to the LIRAP program were not included 
as part of the SIP revision, however, and thus are not being addressed 
in this action.
    The revision to Section 114.2(4) changes the definition of low-
volume emission inspection station to add the condition that the 
station ``meets all criteria for obtaining a low-volume waiver from the 
Texas Department of Public Safety'' and deletes the text ``performs on-
board diagnostics (OBD) testing only and does not exceed 1,200 OBD 
tests per calendar year.'' This limit on tests per calendar year is 
contained in the Texas Department of Public Safety Manual entitled 
``Vehicle Emissions Inspection & Maintenance Rules & Regulations Manual 
for Official Vehicle Inspection Stations and Certified Inspectors.''
    The revisions to Section 114.51(a) removes the specific date of the 
version of the ``Specifications for Vehicle Exhaust Gas Analyzer 
Systems for Use in the Texas Vehicle Emissions Testing Program'' and 
replaces it with ``most recent version of the.'' Sections 114.51(a) and 
(b) contain additional non-substantive revisions.
    This submission includes the repeal of the Early Participation 
Incentive Program. The program was meant to encourage owners and 
operators of emission inspection stations to participate early in the 
purchase of ASM-2 equipment to ensure an adequate number and 
distribution of stations would be available by the program start date. 
The EPIP expired in all I/M program areas on May 1, 2008. This 
incentive program is no longer needed and is not required by the EPA's 
I/M rules, and therefore, we propose to find that the repeal of the 
program is approvable.
    The SIP revision contains a revised narrative, rules, and 
supporting documentation as outlined in the requirements of the Federal 
I/M Rules. This submittal was adopted consistent with the public notice 
SIP requirements of CAA Sec.  110(l), and the revisions in this 
submittal do not interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable 
requirement. We propose to find that these revisions are approvable 
because they either clarify the requirement or are non-substantive in 
nature.

E. The August 30, 2011 Submittal (Including the May 15, 2006 and 
February 28, 2008 Submittals)

    On July 20, 2011, the State adopted and on August 30, 2011, 
submitted revisions to 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. The SIP submittal revises sections 114.512 (Control 
Requirements for Motor Vehicle Idling) and 114.517 (Exemptions).
    The submittal revises section 114.512(a) by removing the vehicle 
idling program's enforcement period of April 1 through October 31 of 
each calendar year to allow enforcement of the program year-round. The 
daily maximum 8-hour ozone average can reach moderate levels even 
outside of the ozone season in the areas currently participating in the 
vehicle idling program, and moderate ozone levels

[[Page 21185]]

may pose health concerns for certain sensitive groups. The EPA is 
proposing to approve this revision because year-round enforcement of 
the vehicle idling program is expected to result in emission reductions 
outside of the ozone season that will help provide additional 
protection from exposure to moderate ozone levels for sensitive groups 
in the local jurisdictions participating in the program. Further, year 
round applicability will likely improve program effectiveness as 
operators do not get out of the habit of idle reduction. The second 
revision to section 114.512 eliminates subsection (b), which expired on 
September 1, 2009. Subsection (b) prohibited drivers using a vehicle's 
sleeper berth from idling in a residential area, school zone, within 
1,000 feet of a hospital, or within 1,000 feet of public school during 
hours of operation. As we explained in the April 9, 2010 (75 FR 18061) 
rulemaking in which EPA approved previous revisions to the vehicle 
idling limits into the SIP, EPA did not take action on the May 15, 2006 
revision that added subsection (b) under section 114.512 or the 
February 28, 2008 revision that subsequently revised subsection (b), 
because at the time the EPA took action on the May 15, 2006 and 
February 28, 2008 submittals, the expiration date of September 1, 2009 
associated with subsection (b) had already passed such that subsection 
(b) was no longer in effect. Therefore, the August 30, 2011 revision 
that eliminates subsection (b) and that is before us to take action on 
does not constitute a change to the currently approved SIP. We are now 
proposing to approve the State Rules into the SIP without subsection 
(b) as codified in the August 30, 2011 submission. This action 
addresses the May 15, 2006 revision that added subsection (b) under 
section 114.512; the February 28, 2008 revision that subsequently 
revised subsection (b) by expanding the prohibition and extending its 
expiration date; and the August 30, 2011 revision that eliminates 
subsection (b). Although the net effect of these revisions does not 
constitute a change to the currently approved SIP, we are making clear 
that these previous revisions are addressed by this action to avoid any 
potential future confusion that may result if we do not take action on 
these revisions at this time.
    Section 114.517 (Exemptions) is also revised to eliminate language 
from paragraphs (1) and (2), which contain duplicative language.
    The submittal also revises section 114.517 by adding a new 
exemption under paragraph (2) that applies to the primary propulsion 
engine of a motor vehicle being used to provide air conditioning or 
heating necessary for employee health or safety in an armored vehicle 
while the employee remains inside the vehicle to guard the contents or 
while the vehicle is being loaded or unloaded. Additionally, paragraph 
(12) under section 114.517 is revised to remove the expiration date of 
the exemption that applies to 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 and is 
not within two miles of a facility offering external heating and air 
conditioning connections at a time when those connections are 
available. This revision allows for the currently expired exemption 
under paragraph (12) to be retained. We note the exemption under 
paragraph (12) has not been approved into the Texas SIP because when 
EPA took action on the May 15, 2006 and February 28, 2008 SIP 
submittals that added and subsequently revised this exemption on April 
9, 2010 (75 FR 18061), the exemption was no longer effective because 
the September 1, 2009 expiration date of the exemption had passed. We 
are now taking action on the May 15, 2006 and February 28, 2008 
revisions that added and subsequently revised the exemption under 
current paragraph (12), and we are also taking action on the August 30, 
2011 revision that further revises the exemption.
    The August 30, 2011 submittal contains a technical analysis under 
CAA section 110(l) to demonstrate that approving into the SIP the new 
exemption for armored vehicles and the exemption for drivers using the 
vehicle's sleeper berth for a government-mandated rest period will not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress in the Dallas/Fort Worth nonattainment 
area. The State's 110(l) analysis explains that the emissions increases 
that may be expected as a result of the new exemption for armored 
vehicles will not interfere with attainment or reasonable further 
progress in the SIP \6\ because the revision to section 114.512 to 
allow year-round enforcement is expected to provide additional 
emissions reductions in the months that are currently not subject to 
enforcement and to offset the emissions increases due to the new 
exemption for armored vehicles. Additionally, the 110(l) analysis 
explains that the Locally Enforced Motor Vehicle Idling Limitations are 
part of the Voluntary Mobile Source Emission Reduction Program (VMEP) 
commitments in the Dallas-Fort Worth Attainment Demonstration SIP (DFW 
Attainment SIP) revision for the 1997 8-hour ozone NAAQS, and that 
based on the North Central Texas Council of Governments (NCTCOG) 
estimates, the DFW area exceeded the NOx and VOC emission 
reductions required as part of the VMEP commitments.\7\
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    \6\ The Locally Enforced Motor Vehicle Idling Limits are 
included as an emission reduction measure in the Dallas-Fort Worth 
Attainment Demonstration SIP for the 1997 8-hour ozone NAAQS and the 
Austin Early Action Compact (EAC) SIP for the 1997 8-hour ozone 
NAAQS.
    \7\ The CAA section 110(l) demonstration makes reference to the 
NCTCOG's VMEP accounting for the Locally Enforced Idling 
Restrictions without providing documentation of this in the SIP 
submittal. However, this documentation was provided to EPA by TCEQ 
via email on March 25, 2011, in response to the comment letter 
provided by EPA during the State's public notice and comment period 
(please see the ``Written and Oral Testimony'' section of the August 
30, 2011 SIP submittal--the reference number for EPA's written 
comments is W-123). The documentation consists of a report from the 
NCTCOG dated August 26, 2010. The report quantifies the emissions 
reductions benefits achieved by the VMEP and other local programs in 
the DFW Attainment SIP as of March 2009. The report quantifies the 
emissions reduction benefits achieved by the overall VMEP and by 
each component of the VMEP. A copy of the TCEQ's March 25, 2011 
email to EPA and a copy of the NCTCOG's August 26, 2010 report can 
be found in the docket for this proposed rulemaking.
---------------------------------------------------------------------------

    The Texas SIP also includes the locally enforced idling limits in 
the Austin area as part of the Early Action Compact SIP. The Austin 
area is currently meeting the 1997 and 2008 ozone standards even 
considering the exemption for armored vehicles has been in place at the 
State level since 2011 and the exemption for motor vehicles idling 
during a government mandated rest period has been in place since 
2006.\8\ Therefore, EPA believes it is reasonable to conclude that this 
additional exemption does not interfere with maintenance of the 
standard in the Austin Area. More detail is in the TSD, which is 
provided in the docket for this rulemaking. Thus, the 110(l) analysis 
demonstrates that any potential emissions increases resulting from the 
exemption for armored vehicles and the exemption for drivers using the 
vehicle's sleeper berth for a government-mandated rest period will be 
offset by the excess emissions reductions achieved by the overall VMEP.
---------------------------------------------------------------------------

    \8\ The State first adopted the exemption for motor vehicles 
idling during a government mandated rest period in 2006, but the 
exemption eventually expired and in 2011 the State adopted revisions 
that eliminated the expiration date associated with the exemption.
---------------------------------------------------------------------------

    Therefore, we are proposing to approve into the SIP the new 
exemption under paragraph (2) for armored vehicles. We are also 
proposing to approve into the SIP the following: (1)

[[Page 21186]]

The revision from the May 15, 2006 submittal that amended section 
114.517 by adding the exemption for 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; (2) 
the February 28, 2008 SIP revision that narrowed the exemption by 
adding language such that the exemption applies only when the motor 
vehicle is not within two miles of a facility offering external heating 
and air conditioning connections at a time when those connections are 
available; and (3) the August 30, 2011 revision that removes the 
September 1, 2009 expiration date of the exemption, effectively 
retaining the exemption.
    This submittal was adopted consistent with the public notice SIP 
requirements of CAA Sec.  110(l). We are proposing to approve these 
revisions to section 114.517 because the State has demonstrated that 
the approval of these exemptions into the SIP will not interfere with 
any applicable requirement concerning attainment and reasonable further 
progress. Any excess emissions reductions achieved in the DFW area that 
are used as substitute emissions reductions to offset any potential 
increase in emissions resulting from these new exemptions cannot be 
used as substitute emissions reductions to offset a shortfall in any 
other control measure in the SIP, or otherwise be used as a SIP credit 
for any other emissions reduction control measure.

F. The August 31, 2012 Submittal

    This submittal adopted on August 8, 2012, provided further 
revisions to 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. The SIP 
submittal makes revisions to section 114.517 (Exemptions).
    The submittal revises section 114.517 by adding a new exemption for 
a motor vehicle that has a gross vehicle weight rating greater than 
14,000 pounds and that is equipped with a 2008 or subsequent model year 
heavy-duty diesel engine or liquefied or compressed natural gas engine 
that has been certified by the EPA or a state environmental agency to 
emit no more than 30 grams of NOx per hour when idling. The 
SIP submittal also re-numbers the exemptions under section 114.517 to 
account for the new exemption.
    Information provided in the submittal, along with additional 
technical analysis by EPA under CAA section 110(l) demonstrates that 
approval into the SIP of the new exemption for motor vehicles with a 
gross vehicle weight rating greater than 14,000 pounds and equipped 
with certain low NOx emitting engines will not interfere 
with any applicable requirement concerning attainment and reasonable 
further progress. The State's analysis explains that engines certified 
to emit no more than 30 grams of NOx per hour when idling 
are significantly cleaner than the uncontrolled vehicles currently in 
use that emit between 135 and 170 grams of NOx per hour when 
idling. These ``clean idle engines'' emit lower NOx 
emissions both while idling and while in transit. Model year 2008 and 
newer vehicles with clean idle engines actually emit less than idle 
reduction technologies that are allowed under the rule as auxiliary 
power units (APU). Thus, the new exemption will provide drivers with a 
new option that would enable them to comply with the motor vehicle 
idling limits, and provide an incentive for replacing older, higher-
emitting vehicles with the newer clean idle engines. Without this 
exemption, drivers of vehicles with clean idle engines may use an idle 
reduction technology, such as an APU, to comply with the motor vehicle 
idling limits when they find it necessary to idle for longer than 5 
minutes.\9\ An APU is a commonly used idle reduction technology used in 
heavy duty trucks to supply cooling, heating, and electrical power for 
other applications while the main truck engine is turned off, thereby 
enabling drivers to comply with the motor vehicle idling limits. The 
type of clean idle engine the new exemption applies to would emit no 
more than 30 NOx grams per hour (g/hr) when idling, while an 
APU in the larger size range (23 horsepower) can be expected to emit 
approximately 53 NOx g/hr and one in the smaller size range 
(14 horsepower) can be expected to emit approximately 32 NOx 
g/hr.\10\ Without the new exemption, drivers of vehicles with clean 
idle engines could potentially choose to use an APU to comply with the 
motor vehicle idling limits by shutting down the clean idle engine and 
operating only the APU, potentially resulting in higher NOx 
emissions than if the vehicle with the clean idle engine is idled 
instead. Therefore, we believe the new exemption will provide drivers 
with a new option enabling them to comply with the motor vehicle idling 
limits, and will not result in backsliding. We are proposing to approve 
the new exemption for motor vehicles with a gross vehicle weight rating 
greater than 14,000 pounds and equipped with a 2008 or subsequent model 
year heavy-duty diesel engine or liquefied or compressed natural gas 
engine that has been certified by the EPA or a state environmental 
agency to emit no more than 30 grams of NOx per hour when 
idling.
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    \9\ For a list of EPA SmartWay verified idle reduction 
technologies, please visit http://epa.gov/smartway/forpartners/technology.htm#tabs-4.
    \10\ Please see our TSD for a more detailed discussion of these 
estimates.
---------------------------------------------------------------------------

    This submittal was adopted consistent with the public notice SIP 
requirements of CAA Sec.  110(l). The EPA proposes to approve the above 
revisions to the Locally Enforced Motor Vehicle Idling Limitations into 
the SIP because they do not interfere with any applicable requirement 
concerning attainment and reasonable further progress, or any other 
applicable requirement and because they allow for clarity and 
consistency of the exemptions and control requirements for motor 
vehicle idling.

IV. Proposed Action

    The EPA is proposing to approve, revisions to regulations, and 
updates to the I/M portion of the mobile source strategies that control 
emissions from motor vehicles in Texas. We are proposing to approve 
revisions to the following sections within Chapter 114 of Title 30 of 
the Texas Administrative Code (TAC): 114.1, 114.2, 114.4, 114.50, 
114.51, 114.52, 114.53, 114.211, 114.212, 114.213, 114.214, 114.215, 
114.216, 114.217, 114.219, 114.512, and 114.517. We are also proposing 
to approve revisions to 37 TAC 23.93. We are proposing to approve the 
following SIP revisions, including narratives, that revise the I/M and 
vehicle idling programs: August, 16, 2002, December 30, 2002, November 
14, 2005, May 15, 2006, February 28, 2008, December 22, 2010, August 
30, 2011 and August 31, 2012. We are proposing to approve these SIP 
revisions except for the revisions to 114.50(b)(2) as explained in the 
discussion of the November 15, 2005 submittal. The EPA is proposing to 
approve these revisions in accordance with sections 110 and 182 of the 
Act and EPA's regulations and consistent with EPA guidance.

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 CAA. Accordingly,

[[Page 21187]]

this action merely proposes to approve state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive 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 CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this proposed 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxides, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: March 27, 2014.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2014-08342 Filed 4-14-14; 8:45 am]
BILLING CODE 6560-50-P


