Air quality implementation plans; approval and promulgation; various States: Texas,

[Federal Register: August 5, 1998 (Volume 63, Number 150)]

[Proposed Rules]

[Page 41756-41757]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr05au98-30]

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.

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 The State has withdrawn the SIP submittal.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:

1. 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).

2. 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.

3. 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.

4. Administrative Requirements

   1. 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.

   2. 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. 98-20902Filed8-4-98; 8:45 am]

      BILLING CODE 6560-50-P