Approval and Promulgation of State Implementation Plans (SIP) for Texas: Accelerated Vehicle Retirement (AVR) Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-61-1-7376; FRL-6136-1]

Approval and Promulgation of State Implementation Plans (SIP) for

Texas: Accelerated Vehicle Retirement (AVR) Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of proposed disapproval.

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SUMMARY: A proposed disapproval of the Texas AVR program was published

in the Federal Register (FR) on December 19, 1997 (62 FR 66576). The

purpose of this action is to withdraw the proposed disapproval. The

State has withdrawn the SIP submittal.

DATES: This withdrawal is effective August 5, 1998.

ADDRESSES: Copies of materials relevant to this document are available

for public inspection during normal business hours at the following

location. Persons interested in examining these materials should make

an appointment 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 75202-2733.

FOR FURTHER INFORMATION CONTACT: Ms. Sandra Rennie, Air Planning

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

2733, telephone (214) 664-7367.

SUPPLEMENTARY INFORMATION:

I. Background

On October 31, 1994, Texas submitted a revision to the SIP to

provide for a Vehicle Scrappage Program in Title 30 of the Texas

Administrative Code, Chapter 114: Control of Air Pollution from Motor

Vehicles. The program allowed for the scrappage of vehicles,

calculating the credits, and applying the credits to stationary

sources. The program was not approvable because the method of

calculating the credits was not approvable. The method required actual

measurements of vehicle mass emissions using the IM240 emissions test.

This emissions test is not available to the public in the State because

in 1995, the Legislature halted the first vehicle Inspection and

Maintenance (I/M) program that used the IM240 test. That program was

replaced in 1997, by a low enhanced emissions I/M test that does not

measure mass emissions. Consequently, the emissions measured from that

program are not quantifiable

[[Page 41757]]

according to the method in 30 TAC 114.200.

The EPA proposed disapproval of the AVR SIP revision on December

19, 1997, (62 FR 66576).

II. Comments on Proposed Disapproval

Five comments were received in response to the proposed

disapproval. Four comments supported disapproval.

The Texas Natural Resource Conservation Commission commented that

because the AVR submittal does not reflect current programs that are

necessary to implement the scrappage program as designed, the State

determined that Section 114.200 should be revised. The State intended

to replace Section 114.200 with a new Section 114.200 in order to

establish an AVR program that does not rely on the use of the IM240

test. The EPA agrees with Texas' plan to replace Section 114.200 with a

new section if the State intends to implement a vehicle scrappage

program.

The comment from the Lone Star Chapter of the Sierra Club raised

issues of Environmental Justice (EJ) under Title VI of the Civil Rights

Act. The Sierra Club supported the proposed disapproval and also used

the comment period as an opportunity to discuss EJ as it relates to

Vehicle Scrappage Programs. They protest the Texas SIP AVR Program for

its inherent failure to comply with Title VI of the Civil Rights Act of

1964 which strictly prohibits discrimination on the basis of race,

color, or national origin by any program receiving Federal financial

assistance.

The EPA recognizes EJ as an issue that cannot and should not be

ignored. For the purposes of this document, EJ and its relationship to

vehicle scrappage will not be discussed because it is not germane

considering the State's request to withdraw the AVR program as a

revision to the SIP.

III. Withdrawal Action

On March 23, 1998, the Governor of Texas sent a letter to EPA

requesting that the Texas AVR SIP revision be removed from the SIP

process. These rules are neither required by the Clean Air Act, nor

part of any rate of progress plans for the State.

In this action, EPA is withdrawing the proposed disapproval because

the State withdrew the 1994 AVR SIP revision. The EPA is removing this

submittal from the SIP process, and no further rulemaking action will

take place with regard to the 1994 AVR SIP submittal.

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 shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

IV. Administrative Requirements

A. Executive Order (E.O.) 12866

The Office of Management and Budget has exempted this action from

review under Executive Order 12866, entitled ``Regulatory Planning

Review.'' This withdrawal action is not subject to E.O. 13045, entitled

``Protection of Children from Environmental Health Risks and Safety

Risks,'' because it is not an ``economically significant'' action under

E.O. 12866.

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 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.

This action is a withdrawal of the proposed disapproval with no

associated rulemaking. Therefore I certify that it does not have an

impact on any small entities.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Ozone, Volatile

organic compounds.

Dated: July 24, 1998.

Jerry Clifford,

Acting Regional Administrator, Region 6.

[FR Doc. 98-20902 Filed 8-4-98; 8:45 am]

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