[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Rules and Regulations]
[Pages 28494-28496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11182]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2020-0713; FRL-10024-03-Region 6]


Air Plan Approval; Texas; Revisions to the Texas Diesel Emissions 
Reduction Incentive Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving a revision to the 
Texas State Implementation Plan (SIP) that pertains to the Texas Diesel 
Emissions Reduction Incentive Program, submitted on August 13, 2020.

DATES: This rule is effective on June 28, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2020-0713. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Carl Young, EPA Region 6 Office, 
Infrastructure and Ozone Section, 214-665-6645, young.carl@epa.gov. Out 
of an abundance of caution for members of the public and our staff, the 
EPA Region 6 office will be closed to the public to reduce the risk of 
transmitting COVID-19. Please call or email the contact listed above if 
you need alternative access to material indexed but not provided in the 
docket.

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

I. Background

    The background for this action is discussed in detail in our March 
16, 2021 proposal (86 FR 14396). In that document, we proposed to 
approve a revision to the Texas SIP that pertains to the Texas Diesel 
Emissions Reduction Incentive Program. Specifically, we proposed to 
approve revisions to 30

[[Page 28495]]

TAC 114.622 and 114.629 adopted on June 10, 2020 and submitted on 
August 13, 2020. The revisions: (1) Lowered the required minimum usage 
for grant-funded vehicles and equipment in the eligible area from 75% 
to 55% and (2) removed Victoria County from the list of counties 
eligible for program grants.
    We received a comment on the proposal. The original comment is in 
the docket to this rulemaking action. Our response to the comment is 
discussed below.

II. Response to Comments

    Comment: A comment was received that supports the market based 
economic incentive strategy to reduce diesel emissions as a step in the 
right direction, towards transitioning to clean, renewable energy, and 
ultimately mitigating climate change. The commenter also asked what 
would incentivize the people of Victoria County to continue reducing 
their diesel emissions if they are not eligible for grants under the 
State program, even though the County is meeting current emission 
standards.
    Response: We appreciate the support for the Diesel Emissions 
Reduction Incentive Program (DERIP) that is administered by the State 
of Texas. As we noted in our proposal, DERIP is a voluntary incentive 
program. It is not a requirement of the CAA. Its inclusion in the SIP 
is discretionary and revisions can be made as long as they do not 
contribute to nonattainment or interfere with maintenance of the NAAQS. 
We also note that Victoria County is in attainment of all the ozone 
NAAQS and the State may elect which counties participate in this 
voluntary program. Similar to the Texas program, the EPA administers 
the Diesel Emission Reduction Act (DERA) Program. This national program 
offers funding for projects that reduce diesel emissions from existing 
engines. The people of Victoria County are eligible for grants from 
this program. More information on the DERA program is available at: 
https://www.epa.gov/dera.

III. Final Action

    We are approving the revisions to 30 TAC 114.622 and 114.629 
adopted on June 10, 2020 and submitted on August 13, 2020.

IV. Incorporation by Reference

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

V. Statutory and Executive Order Reviews

    Under the 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, described in the Unfunded Mandates 
Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must 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 July 26, 2021. 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 this 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements.


[[Page 28496]]


    Dated: May 20, 2021.
David Gray,
Acting Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart SS--Texas

0
2. In Sec.  52.2270(c), amend the table titled ``EPA Approved 
Regulations in the Texas SIP'' by revising the entries for ``Section 
114.622'' and ``Section 114.629'' to read as follows:


Sec.  52.2270   Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
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                                                            State
         State citation              Title/subject        approval/     EPA approval date       Explanation
                                                       submittal date
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                        Chapter 114 (Reg 4)--Control of Air Pollution From Motor Vehicles
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                                 Subchapter K--Mobile Source Incentive Programs
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Section 114.622.................  Incentive Program         6/10/2020  5/27/2021, [Insert
                                   Requirements.                        Federal Register
                                                                        citation].
 
                                                  * * * * * * *
Section 114.629.................  Affected Counties         6/10/2020  5/27/2021, [Insert
                                   and Implementation                   Federal Register
                                   Schedule.                            citation].
 
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[FR Doc. 2021-11182 Filed 5-26-21; 8:45 am]
BILLING CODE 6560-50-P


