Approval and Promulgation of Air Quality Implementation Plans; Texas; Revision to the State Implementation Plan Vehicle Inspection and Maintenance Programs

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-39-1-6507; FRL-5022-5]

Approval and Promulgation of Air Quality Implementation Plans;

Texas; Revision to the State Implementation Plan Vehicle Inspection and

Maintenance Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is taking action to approve the Texas Natural Resource

Conservation Commission (TNRCC) Inspection and Maintenance (I/M) State

Implementation Plan (SIP), which includes a SIP narrative entitled

``Revisions to the State Implementation Plan (SIP) for the Control of

Ozone Air Pollution--Inspection/Maintenance SIP for Dallas/Fort Worth,

El Paso, Beaumont/Port Arthur, and Houston/Galveston Ozone

Nonattainment Areas,'' and Regulation IV, 31 TAC 114.3, entitled

``Vehicle Emissions Inspection and Maintenance Program,'' as a revision

to the Texas SIP for ozone in all four nonattainment areas and carbon

monoxide in El Paso. On November 12, 1993, and on March 9, 1994, Texas

submitted SIP revision requests to the EPA to satisfy the requirements

of sections 182(b)(4) and 182(c)(3) of the Clean Air Act as amended in

1990 (CAA), 42 U.S.C. 7511a(b)(4) and 7511a(c)(3) and Federal I/M rule

40 CFR Part 51 subpart S. These SIP revisions will require vehicle

owners to comply with the Texas I/M program in the four Texas ozone

nonattainment areas classified as moderate or worse which includes El

Paso also classified as nonattainment area for carbon monoxide. This

revision applies to the Texas counties of Brazoria, Chambers, Collin,

Dallas, Denton, El Paso, Fort Bend, Galveston, Harris, Jefferson,

Liberty, Montgomery, Orange, Tarrant, and Waller. On May 18, 1994 (59

FR 25867), the EPA published a Notice of Proposed Rulemaking (NPR) for

the State of Texas. The NPR proposed approval of the Texas I/M SIP

submitted by the State. No public comments were received on the NPR;

therefore, the EPA is publishing this final action.

EFFECTIVE DATE: This rule will become effective on September 21, 1994.

ADDRESSES: Copies of the State's submittals and the EPA's technical

support document (TSD) are available for public review at U.S.

Environmental Protection Agency Region 6, (6T-AP), 1445 Ross Avenue,

Suite 700, Dallas, Texas 75202-2733. Also, Texas' submittal is

available at the TNRCC, Mobile Source Division, I/M Section, P.O. Box

13087, Austin, Texas 78711-3087. Interested persons wanting to examine

these documents should make an appointment with the appropriate office

at least 24 hours before the visiting day.

In addition, a copy of today's revision to the Texas SIP is also

available for inspection at: Air and Radiation Docket and Information

Center, U.S. Environmental Protection Agency, 401 M Street, SW.,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: James F. Davis at (214) 655-7584.

SUPPLEMENTARY INFORMATION:

Background

The Clean Air Act, as amended in 1990, requires States to make

changes to improve existing I/M programs or implement new ones. Section

182(a)(2)(B) required any ozone nonattainment area which has been

classified as ``marginal'' (pursuant to section 181(a) of the CAA) or

worse with an existing I/M program that was part of a SIP, or any area

that was required by the 1977 Amendments to the CAA to have an I/M

program, to immediately submit a SIP revision to bring the program up

to the level required in past EPA guidance or to what had been

committed to previously in the SIP, whichever was more stringent. All

carbon monoxide nonattainment areas were also subject to this

requirement to improve existing or previously required programs to this

level.

In addition, all ozone nonattainment areas classified as moderate

or worse must implement a basic or an enhanced I/M program depending

upon its classification, regardless of previous requirements. In

addition, Congress directed the EPA in section 182(a)(2)(B) to publish

updated guidance for State I/M programs, taking into consideration

findings of the Administrator's audits and investigations of these

programs. The States were to incorporate this guidance into the SIP for

all areas required by the CAA to have an I/M program. Ozone

nonattainment areas classified as ``serious'' or worse with populations

of 200,000 or more, and CO nonattainment areas with design values above

12.7 parts per million (ppm.) and populations of 200,000 or more, and

metropolitan statistical areas with populations of 100,000 or more in

the northeast ozone transport region were required to meet EPA guidance

for enhanced I/M programs.

The EPA has designated four areas as ozone nonattainment in the

State of Texas. The Houston/Galveston ozone nonattainment area is

classified as severe and contains the following eight counties:

Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery,

and Waller. The Beaumont/Port Arthur ozone nonattainment area is

classified as serious and contains the following three counties:

Hardin, Jefferson, and Orange. The 1980 population of the Beaumont/Port

Arthur area was less than 200,000. The El Paso ozone nonattainment area

is classified as serious and contains the county of El Paso. The

Dallas/Fort Worth ozone nonattainment area is classified as moderate

and contains the following four counties: Collin, Dallas, Denton, and

Tarrant. The designations for ozone were published in the Federal

Register (FR) on November 6, 1991, and November 30, 1992, and have been

codified in the Code of Federal Regulations (CFR). See 56 FR 56694

(November 6, 1991) and 57 FR 56762 (November 30, 1992), codified at 40

CFR sections 81.300-81.437. In addition, a segment of El Paso Texas has

been designated nonattainment for carbon monoxide (CO) and classified

as moderate with a design value below 12.7 ppm., under sections

107(d)(4)(A) and 186(a) of the CAA. See 56 FR 56694 (November 6, 1991)

and 57 FR 13498 and 13529 (April 16, 1992). Based on these

nonattainment designations and populations, basic I/M programs are

required in the Beaumont/Port Arthur and Dallas/Fort Worth urbanized

areas, while enhanced I/M programs are required in the El Paso and

Houston/Galveston urbanized areas.

Response to Comments

On May 18, 1994 (59 FR 25867), the EPA published a Notice of

Proposed Rulemaking (NPR) for the State of Texas. The NPR proposed

approval of the Texas I/M SIP submitted by the State. No public

comments were received on the NPR.

Final Action

By this action, the EPA is approving this submittal. The EPA has

reviewed the State submittal against the statutory requirements and for

consistency with the EPA regulations and finds it to be acceptable. The

rationale for the EPA's action is explained in the NPR and will not be

restated here.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to a SIP shall be

considered in light of specific technical, economical, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

As noted elsewhere in this action, the EPA received no adverse

public comment on the proposed action. As a direct result, the Regional

Administrator has reclassified this action from Table 1 to Table 3

under the processing procedures published in the FR on January 19, 1989

(54 FR 2214), and revisions to these procedures issued on October 4,

1993, in an EPA memorandum entitled ``Changes to State Implementation

Plan (SIP) Tables.''

Regulatory Process

This action has been classified as a Table 3 action by the Regional

Administrator under the procedures published in the FR on January 19,

1989 (54 FR 2214-2225), as revised by an October 4, 1993, memorandum

from Michael H. Shapiro, Acting Assistant Administrator for Air and

Radiation. The Office of Management and Budget has exempted this action

from E.O. 12866 review.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities (5 U.S.C. 603 and 604).

Alternatively, the EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal-State relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

CAA forbids the EPA to base its actions concerning SIPs on such grounds

(Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Nitrogen dioxide, Reporting

and recordkeeping requirements, Volatile organic compounds.

Note--Incorporation by reference of the SIP for the State of

Texas was approved by the Director of the FR on July 1, 1982.

Dated: July 19, 1994.

Joe D. Winkle,

Acting Regional Administrator.

40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

Subpart SS--Texas

2. Section 52.2270 is amended by adding paragraph (c)(87) to read

as follows:

Sec. 52.2270 Identification of plan.

* * * * *

(c) * * *

(87) A revision to the Texas SIP to include revisions to Texas

Regulation IV, 31 TAC Sec. 114.3--Vehicle Emissions Inspection and

Maintenance Program, adopted by the State on November 10, 1993, and

February 16, 1994, regulations effective December 8, 1993, and

revisions to Texas Department of Transportation, Chapter 17. Vehicle

Titles and Registration--Vehicle Emissions Verification System, 43 TAC

Sec. 17.80, adopted by the State on October 28, 1993, effective

November 22, 1993, and submitted by the Governor by cover letters dated

November 12, 1993 and March 9, 1994.

(i) Incorporation by reference.

(A) House Bill 1969 an act relating to motor vehicle registration,

inspections and providing penalties amending:

(1) Sections 382.037 and 382.038 of the Texas Health and Safety

Code;

(2) Section 2 Chapter 88, General Laws, Acts of the 41st

Legislature, 2nd Called Session, 1929 (Article 6675a-2, Vernon's Texas

Civil Statutes);

(3) Title 116, Articles 6675b-4, 6675b-4A, and 6675b-4B;

(4) Section 141(d), and section 142(h), Uniform Act Regulating

Traffic on Highways (Article 6701d, Vernon's Civil Statutes);

(5) Section 4.202, County Road and Bridge Act (Article 6702-1,

Vernon's Texas Civil Statutes) signed by the Governor on June 8, 1993,

and effective August 30, 1993.

(B) Texas Health and Safety Code (Vernon 1990), the Texas Clean Air

Act, sections 382.017, 382.037, 382.038, and 382.039 effective

September 1, 1991.

(C) Revisions to Texas Regulation IV, 31 TAC Sec. 114.3--Vehicle

Emissions Inspection and Maintenance Program, effective December 8,

1993.

(D) Order No. 93-23, as adopted November 10, 1993, and Order No.

94-02 as adopted February 16, 1994.

(E) Texas Civil Statutes, Articles 6675a-1 to 6675b-2 and 6687-1.

(Vernon 1993).

(F) Revisions to Texas Department of Transportation, Chapter 17.

Vehicle Titles and Registration--Vehicle Emissions Verification System,

43 TAC Sec. 17.80, effective November 22, 1993.

(ii) Additional materials.

(A) SIP narrative plan entitled ``Revisions to the State

Implementation Plan (SIP) for the Control of Ozone Air Pollution--

Inspection/Maintenance SIP for Dallas/Fort Worth, El Paso, Beaumont/

Port Arthur, and Houston/Galveston Ozone Nonattainment Areas,''

submitted to the EPA on November 12, 1993, and on March 9, 1994

addressing by section: 8(a)(1) Applicability, 8(a)(2) Adequate Tools

and Resources, 8(a)(3)

I/M Performance Standards, 8(a)(4) Network Type and Program Evaluation,

8(a)(5) Test Frequency and Convenience, 8(a)(6) Vehicle coverage,

8(a)(7) Test Procedures and Standards and Test Equipment, 8(a)(8)

Quality Control, 8(a)(9) Quality Assurance, 8(a)(10) Waivers and

Compliance Via Diagnostic Inspection, 8(a)(11) Motorist Compliance

Enforcement, 8(a)(12) Motorist Compliance Enforcement Program

Oversight, 8(a)(13) Enforcement Against Contractors, Stations and

Inspectors, 8(a)(14) Compliance with Recall Notices, 8(a)(15) Data

Collection, 8(a)(16) Data Analysis and Reporting, 8(a)(17) Inspector

Training and Licensing or Certification, 8(a)(18) Public Information,

8(a)(19) Consumer Protection Provisions, 8(a)(20) Improving Repair

Effectiveness, 8(a)(21) On-Road Testing, 8(a)(22) State Implementation

Plan Submission and Appendices.

(B) Letter dated May 4, 1994, from John Hall, Chairman of the Texas

Natural Resource Conservation Commission to the EPA, clarifying the

State's intent regarding its Executive Director's exemption policy and

repair effectiveness program.

[FR Doc. 94-20475 Filed 8-19-94; 8:45 am]

BILLING CODE 6560-50-P