Approval and Promulgation of Air Quality State Implementation Plans (SIP); Texas; Disapproval of Texas Clean Fuel Fleet Program Revision to the State Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX27-1-5945; FRL-5910-2]

Approval and Promulgation of Air Quality State Implementation

Plans (SIP); Texas; Disapproval of Texas Clean Fuel Fleet Program

Revision to the State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed disapproval.

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SUMMARY: The EPA is proposing disapproval of the Texas Clean Fuel Fleet

(CFF) SIP revision submitted on August 9, 1996, by the State of Texas

for the purpose of establishing a substitute CFF program. The EPA is

disapproving the State's SIP revision due to changes in the State law

that altered the current SIP revision submittal and because, in EPA's

opinion, the State did not make a convincing and compelling equivalency

determination with the Federal CFF program.

DATES: Comments must be received on or before November 17, 1997.

ADDRESSES: Written comments on this action should be addressed to Mr.

Thomas H. Diggs, Chief, Air Planning Section, Environmental Protection

Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-

2733. Copies of the documents about this action are available for

public inspection during normal business hours at the following

locations. Persons interested in examining these documents should make

an appointment with the appropriate office at least 24 hours before the

visiting day.

Environmental Protection Agency, Region 6, Air Planning Section (6PD-

L), 1445 Ross Avenue, Suite 700, Dallas, Texas, 78711-3087.

Texas Natural Resource Conservation Commission, 12100 Park 35 Circle,

Austin, Texas 78711-3087.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Scoggins, Air Planning

Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-

2733, telephone (214) 665-7354 or via e-mail at

[email protected]. While information may be requested via

e-mail, all comments must be submitted in writing to the EPA Region 6

address above.

SUPPLEMENTARY INFORMATION:

I. Background

On November 15, 1990, Congress enacted amendments to the 1997 Clean

Air Act (the Act); Pub. L. 101-549, 104 Stat. 2399, codified at 42

U.S.C. 7401-7671q. The CFF program is contained under part C, entitled,

``Clean Fuel Vehicles,'' of Title II of the Act, as amended November

15, 1990. Part C was added to the Act to establish two programs: a

clean-fuel vehicle pilot program in the State of California (the

California Pilot Test Program) and the Federal CFF program in certain

ozone and carbon monoxide nonattainment areas.

Section 182(c)(4) of the Act, 42 U.S.C. 7511a (c)(4), allows states

to opt-out of the Federal CFF program by submitting, for EPA approval,

a SIP revision consisting of a substitute program resulting in as much

or greater long term emissions reductions in ozone producing and toxic

air emissions as the Federal CFF program. The EPA may approve such a

revision only if it consists exclusively of provisions other than those

required under this Act for the area.

The State of Texas chose to opt-out of the Federal CFF program in a

committal SIP revision submitted to EPA on November 15, 1992. In July

1994, Texas submitted the State's opt-out program in a SIP revision to

EPA and adopted rules to implement the Texas CFF Program. The Texas CFF

SIP was revised based upon changes to State law and resubmitted to EPA

on August 6, 1996. On June 20, 1997, the Governor of Texas signed into

law Senate Bill 681 that modified the supporting legislation (Chapter

382 of the Texas Health and Safety Code) for the current submitted

revision.

II. EPA Analysis of State Submittal

The EPA is proposing disapproval based on the finding that changes

to the supporting legislation have altered the August 6, 1996,

submitted SIP revision.

[[Page 53998]]

As a result, the specific legislative authority in the submission is no

longer in effect. In addition to the above changes, Texas's technical

and equivalency method has not identified and quantified accurately the

covered fleets in the Federal and State covered areas. The Texas CFF

program has excluded certain covered fleets from its total fleet

aggregation in the El Paso and Houston/Galveston nonattainment areas.

Without an adequate determined fleet baseline for comparison, the SIP

revision's technical evaluation is not sufficiently comprehensive to

determine equivalency with the Federal CFF program. These and

additional concerns with the State CFF program and broad compliance

exemptions lead EPA to conclude that the State has not made a

convincing and compelling demonstration of equivalency with the Federal

CFF program. A more detailed discussion of the Texas CFF program

elements and control strategy can be found in the Technical Support

Document available from the EPA Region VI office.

III. Proposed Action

The EPA is proposing disapproval of the Texas CFF SIP revision

submitted to EPA on August 6, 1996. The State's proposed substitute

program is codified in 30 Texas Administrative Code, Chapter 114,

Sections 114.30, 114.32 through 114.34, and 114.36 through 114.40. The

EPA is soliciting public comments on the proposed action discussed in

this notice. These comments will be considered before taking final

action. Interested parties may participate in the Federal rulemaking

procedure by submitting written comments to the EPA Regional office

listed in the Addresses section of this notice.

The regional office, with EPA's Office of Mobile Sources has

initiated efforts to help ensure that this action is consistent with

the Act and will not interfere with any applicable requirement

concerning attainment or any other applicable requirement of the Act.

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 the SIP will be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

IV. State Options

The following are options available to Texas in the implementation

of its CFF Program. The State may choose to; adopt the Federal CFF

Program; or revise the current Texas CFF program and resubmit to EPA or

substitute another State program or control strategy for the Texas CFF

program. Such a substitution could be a stationary or mobile source

control program, but only if it consists exclusively of provisions

other than those required under the Act.

V. Administrative Requirements

A. Executive Order (E.O.) 12866

The Office of Management and Budget has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

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

must prepare a regulatory flexibility analysis assessing the impact of

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

Alternatively, 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.

The EPA's disapproval of the State request under section 110 and

subchapter I, part D of the Act does not affect any existing

requirements applicable to small entities. Any preexisting Federal

requirements remain in place after this disapproval. Federal

disapproval of the State submittal does not affect its State

enforceability. Moreover, EPA's disapproval of the submittal does not

impose any new Federal requirements. Therefore, EPA certifies that this

disapproval action does not have a significant impact on a substantial

number of small entities because it does not remove existing

requirements and impose any new Federal requirements.

C. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995,

signed into law on March 22, 1995, EPA must prepare a budgetary impact

statement to accompany any proposed or final rule that includes a

Federal mandate that may result in estimated costs to State, local, or

tribal governments in the aggregate or to private sectors, of $100

million or more. Under section 205, EPA must select the most cost-

effective and least burdensome alternative that achieves the objectives

of the rule and is consistent with statutory requirements. Section 203

requires EPA to establish a plan for informing and advising any small

governments that may be significantly or uniquely impacted by the rule.

The EPA has determined that the disapproval action proposed does

not include a Federal mandate that may result in estimated costs of

$100 million or more to either State, local, or tribal governments in

the aggregate, or to the private sector. This Federal action imposes no

new requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and Recordkeeping requirements.

Dated: October 8, 1997.

Jerry Clifford,

Acting Regional Administrator.

[FR Doc. 97-27622 Filed 10-16-97; 8:45 am]

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