82_FR_26864 82 FR 26754 - Approval and Promulgation of Implementation Plans; Texas Control of Air Pollution From Motor Vehicles With Mobile Source Incentive Programs

82 FR 26754 - Approval and Promulgation of Implementation Plans; Texas Control of Air Pollution From Motor Vehicles With Mobile Source Incentive Programs

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 110 (June 9, 2017)

Page Range26754-26757
FR Document2017-11900

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving revisions to the Texas State Implementation Plan (SIP) submitted by the State of Texas that pertain to regulations to control air pollution from motor vehicles with mobile source incentive programs.

Federal Register, Volume 82 Issue 110 (Friday, June 9, 2017)
[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Rules and Regulations]
[Pages 26754-26757]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11900]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0497; FRL-9962-47-Region 6]


Approval and Promulgation of Implementation Plans; Texas Control 
of Air Pollution From Motor Vehicles With Mobile Source Incentive 
Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving revisions to the 
Texas State Implementation Plan (SIP) submitted by the State of Texas 
that pertain to regulations to control air pollution from motor 
vehicles with mobile source incentive programs.

DATES: This rule is effective on September 7, 2017 without further 
notice, unless the EPA receives relevant adverse comment by July 10, 
2017. If the EPA receives such comment, the EPA will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2014-0497, at http://www.regulations.gov or via email to 
pitre.randy@epa.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the Web, cloud, or other file sharing system). For 
additional submission methods, please contact Mr. Randy Pitre, (214) 
665-

[[Page 26755]]

7299, pitre.randy@epa.gov. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. Randy Pitre, 214-665-7299, 
pitre.randy@epa.gov. To inspect the hard copy materials, please 
schedule an appointment with Mr. Randy Pitre or Mr. Bill Deese at 214-
665-7253.

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

I. Background

A. CAA and SIPs

    Section 110 of the CAA requires states to develop and submit to the 
EPA a SIP to ensure that state air quality meets National Ambient Air 
Quality Standards. These ambient standards currently address six 
criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead, 
particulate matter, and sulfur dioxide. Each federally-approved SIP 
protects air quality primarily by addressing air pollution at its point 
of origin through air pollution regulations and control strategies. The 
EPA approved SIP regulations and control strategies are federally 
enforceable.

B. Texas' Submittals

    Revisions with changes, additions, and extensions to the Texas SIP 
Mobile Source Incentive Programs found in Title 30 of the Texas 
Administrative Code (30 TAC), Chapter 114, (Control of Air Pollution 
from Motor Vehicles), Subchapter K (Mobile Source Incentive Programs) 
were submitted by the Texas Commission on Environmental Quality (TCEQ) 
on June 11, 2014, December 23, 2014, and September 15, 2016. The June 
11, 2014 submittal (1) revised regulations for the Diesel Emissions 
Reduction Incentive Program for On-Road and Non-Road Vehicles (Division 
3) and the Texas Clean Fleet Program (Division 5), and (2) added 
regulations for a new Drayage Truck Incentive Program (Division 8). The 
December 23, 2014 submittal revised the Texas Clean School Bus Program 
(Division 4) to reflect the extension of this program by the Texas 
Legislature. The September 15, 2016 submittal amended the Drayage Truck 
Incentive Program regulations that were submitted on June 11, 2014.

II. The EPA's Evaluation

    We have prepared a Technical Support Document (TSD) for this 
rulemaking which details our evaluation. Our TSD may be accessed online 
at http://www.regulations.gov, Docket No. EPA-R06-OAR-2014-0497. 
Because the SIP revisions pertain to economic incentive programs to 
reduce air pollution emissions from mobile sources we evaluated them 
using (1) CAA section 182(g) (Economic Incentive Program) (2) our 
policy guidance on economic incentive programs found in 40 CFR part 51, 
subpart U (Economic Incentive Programs) and (3) our guidance document 
``Improving Air Quality with Economic Incentive Programs'' (EPA-452/R-
01-001, January 2001, www.epa.gov/sites/production/files/2015-07/documents/eipfin.pdf). An economic incentive program achieves an air 
quality objective by providing market-based incentives or information 
to emission sources. Three fundamental principles apply to all 
approvable economic incentive programs: Integrity, equity, and 
environmental benefit. Our analysis concluded that the SIP revisions to 
the Texas mobile source incentive programs meet these principles and 
are approvable. The Mobile Source Economic Incentive Programs are 
consistent with the CAA as they will reduce air pollution and emissions 
of NOX, which is a precursor to ozone and particulate 
matter. The emission reductions from replacing vehicles or replacing, 
repowering or retrofitting engines can be quantified, and provide an 
environmental benefit by reducing air pollution emissions by 
encouraging the use of newer diesel technologies in the Texas 
nonattainment areas. If Texas includes emission reductions from these 
programs in future attainment or reasonable further progress SIPs, EPA 
will evaluate the amount of reductions it achieves at that time. We are 
approving the Texas SIP submittals as part of the Texas SIP. A short 
discussion of the programs is discussed below. For more information, 
please see the TSD.

A. Diesel Emissions Reduction Incentive Program for On-Road and Non-
Road Vehicles

    The revisions to this program revise 30 TAC Sections 114.622 and 
114.629. The revisions (1) remove the maximum cost-effectiveness limit 
of $15,000 per ton of emissions of nitrogen oxides (NOX) 
reduced for a project, (2) allow TCEQ to set cost-effectiveness limits 
for projects and (3) add Wise County to the list of counties eligible 
for the program.\1\ Removing the maximum cost-effectiveness limit and 
allowing TCEQ to set the limits allows for selection of eligible 
projects to improve air quality, even if the cost-effectiveness 
increases above $15,000 per ton of NOX. Including Wise 
County in the program ensures that all the Dallas-Fort Worth ozone 
nonattainment counties are in the program.
---------------------------------------------------------------------------

    \1\ Wise County was included in the Dallas-Fort Worth ozone 
nonattainment area for the 2008 ozone national ambient air quality 
standard (77 FR 30088, 30147, May 21, 2012).
---------------------------------------------------------------------------

B. Texas Clean School Bus Program

    The revisions to this program revise 30 TAC Sections 114.640, 
114.642, 114.644, 114.646 and 114.648 by repealing and replacing 
existing provisions and revising 30 TAC Section 114.648 to clarify that 
the Texas Legislature had extended the program until August 31, 2019. 
Previously 30 TAC 114.648 stated that the program expired on August 31, 
2013, unless the program is extended or reauthorized by the Texas 
Legislature. Other than the clarification of the current program 
expiration date, the revisions did not change the EPA approved SIP 
provisions for this program.

C. Texas Clean Fleet Program

    The revisions to this program revise 30 TAC Sections 114.650, 
114.653 and 114.656. The revisions allow certain projects related to 
agricultural product transportation (i.e., projects for trucks that 
move goods from a farm), to be eligible for the program to replace 
older heavy-duty on-road vehicles. The revisions also include a new 
maximum grant amount for replacement of a heavy-duty on-road vehicle or 
a light-duty on-road vehicle with a grant of up to 80% of the 
replacement vehicle.

D. Drayage Truck Incentive Program

    Drayage refers to the transport of goods over a short distance. 
This program provides financial incentives to encourage owners to 
replace drayage trucks with pre-2007 model engines with drayage trucks 
with 2010 or later model year engines. The intent is to reduce 
emissions from heavy-duty on-road and non-road vehicles used for 
drayage activities through a seaport or rail yard.

III. Final Action

    We are approving revisions to the Texas SIP that pertain to 
regulations to control air pollution from motor

[[Page 26756]]

vehicles with mobile source incentive programs. The revisions were 
submitted on June 11, 2014, December 23, 2014 and September 15, 2016. 
The revisions revise regulations for (1) the Diesel Emissions Reduction 
Incentive Program for On-Road and Non-Road Vehicles (30 TAC Sections 
114.622 and 114.629), (2) the Texas Clean School Bus Program (30 TAC 
Sections 114.640, 114.642, 114.644, 114.646 and 114.648), and (3) the 
Texas Clean Fleet Program (30 TAC Sections 114.650, 114.653 and 
114.656). The revisions also add regulations for Drayage Truck 
Incentive Program (30 TAC Sections 114.680, 114.681 and 114.682), and 
the amendments to 30 TAC Sections 114.680 and 114.682.
    The EPA is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on September 7, 2017 
without further notice unless we receive relevant adverse comment by 
July 10, 2017. If we receive relevant adverse comments, we will publish 
a timely withdrawal in the Federal Register informing the public that 
the rule will not take effect. We will address all public comments in a 
subsequent final rule based on the proposed rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so now. Please note that if we receive relevant 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision may be severed from the remainder of the rule, we may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

IV. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the Texas regulations as described in the Final Action 
section above. We have made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. 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, as 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. The EPA will submit a report containing this rule 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 8, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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 such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)
    Samuel Coleman was designated the Acting Regional Administrator on 
May 30, 2017 through the order of succession outlined in Regional Order 
R6-1110.13, a copy of which is included in the docket for this action.

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, Volatile organic compounds.

    Dated: May 30, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.


0
40 CFR part 52 is amended 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), the table titled ``EPA Approved Regulations in 
the Texas SIP'' is amended by:
0
a. Revising the centered heading for Chapter 114, Subchapter K, 
Division 3

[[Page 26757]]

and the entries for sections 114.622, 114.629, 114.640, 114.642, 
114.644, 114.646, 114.648, 114.650, 114.653, and 114.656; and
0
b. Adding, after the entry for section 114.658, the centered heading 
for ``Division 8: Drayage Truck Incentive Program'' followed by entries 
for sections 114.680, 114.681, and 114.682.
    The revisions and additions read as follows:


Sec.  52.2270   Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                     State approval/
        State citation             Title/subject        submittal     EPA approval date         Explanation
                                                          date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                        Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Subchapter K--Mobile Source Incentive Programs
----------------------------------------------------------------------------------------------------------------
           Division 3: Diesel Emissions Reduction Incentive Program for On-Road and Non-Road Vehicles
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 114.622...............  Incentive Program          4/9/2014  6/9/2017, [Insert    ......................
                                 Requirements.                        Federal Register
                                                                      citation].
 
                                                  * * * * * * *
Section 114.629...............  Affected Counties          4/9/2014  6/9/2017, [Insert    ......................
                                 and Implementation                   Federal Register
                                 Schedule.                            citation].
----------------------------------------------------------------------------------------------------------------
                                   Division 4: Texas Clean School Bus Program
----------------------------------------------------------------------------------------------------------------
Section 114.640...............  Definitions........       3/26/2014  6/9/2017, [Insert    ......................
                                                                      Federal Register
                                                                      citation].
Section 114.642...............  Applicability......       3/26/2014  6/9/2017, [Insert    ......................
                                                                      Federal Register
                                                                      citation].
Section 114.644...............  Clean School Bus          3/26/2014  6/9/2017, [Insert    ......................
                                 Program                              Federal Register
                                 Requirements.                        citation].
Section 114.646...............  Monitoring,               3/26/2014  6/9/2017, [Insert    ......................
                                 Recordkeeping, and                   Federal Register
                                 Reporting                            citation].
                                 Requirements.
Section 114.648...............  Expiration.........       3/26/2014  6/9/2017, [Insert    ......................
                                                                      Federal Register
                                                                      citation].
----------------------------------------------------------------------------------------------------------------
                                      Division 5: Texas Clean Fleet Program
----------------------------------------------------------------------------------------------------------------
Section 114.650...............  Definitions........        4/9/2014  6/9/2017, [Insert    ......................
                                                                      Federal Register
                                                                      citation].
 
                                                  * * * * * * *
Section 114.653...............  Grant Eligibility..        4/9/2014  6/9/2017, [Insert    ......................
                                                                      Federal Register
                                                                      citation].
 
                                                  * * * * * * *
Section 114.656...............  Eligible Grant             4/9/2014  6/9/2017, [Insert    ......................
                                 Amounts.                             Federal Register
                                                                      citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Division 8: Drayage Truck Incentive Program
----------------------------------------------------------------------------------------------------------------
Section 114.680...............  Definitions........        8/3/2016  6/9/2017, [Insert    ......................
                                                                      Federal Register
                                                                      citation].
Section 114.681...............  Applicability......        4/9/2014  6/9/2017, [Insert    ......................
                                                                      Federal Register
                                                                      citation].
Section 114.682...............  Eligible Vehicle           8/3/2016  6/9/2017, [Insert    ......................
                                 Models.                              Federal Register
                                                                      citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-11900 Filed 6-8-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                26754                 Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules and Regulations

                                                to submit additional information, and                   date on which the agent or attorney                    appealed to the Board of Veterans’
                                                any restrictions on further application                 served a response on the claimant or                   Appeals.
                                                for accreditation. If an applicant submits              appellant, or 30 days after the claimant,              *    *     *    *    *
                                                additional evidence, the Chief Counsel                  appellant, or the Office of the General                [FR Doc. 2017–11977 Filed 6–8–17; 8:45 am]
                                                will consider such evidence and                         Counsel served the motion on the agent                 BILLING CODE 8320–01–P
                                                provide further notice concerning his or                or attorney if there is no response. The
                                                her final decision. The determination of                Deputy Chief Counsel with subject-
                                                the Chief Counsel regarding the                         matter jurisdiction may, for a reasonable              ENVIRONMENTAL PROTECTION
                                                qualifications of a prospective service                 period upon a showing of sufficient                    AGENCY
                                                organization representative, agent, or                  cause, extend the time for an agent or
                                                attorney may be appealed by the                         attorney to serve an answer or for a                   40 CFR Part 52
                                                applicant to the General Counsel.                       claimant or appellant to serve a reply.
                                                                                                                                                               [EPA–R06–OAR–2014–0497; FRL–9962–47–
                                                Appeals must be in writing and filed                    The Deputy Chief Counsel shall forward
                                                                                                                                                               Region 6]
                                                with the Office of the General Counsel                  the record and a recommendation to the
                                                (022D), 810 Vermont Avenue NW.,                         General Counsel or his or her designee                 Approval and Promulgation of
                                                Washington, DC 20420, not later than 30                 for a final decision. Unless either party              Implementation Plans; Texas Control
                                                days from the date on which the Chief                   files a Notice of Disagreement with the                of Air Pollution From Motor Vehicles
                                                Counsel’s decision was mailed. In                       Office of the General Counsel, the                     With Mobile Source Incentive
                                                deciding the appeal, the General                        attorney or agent must refund any                      Programs
                                                Counsel’s decision shall be limited to                  excess payment to the claimant or
                                                the evidence of record before the Chief                 appellant not later than the expiration of             AGENCY: Environmental Protection
                                                Counsel. A decision of the General                      the time within which the Office of the                Agency (EPA).
                                                Counsel is a final agency action for                    General Counsel’s decision may be                      ACTION: Direct final rule.
                                                purposes of review under the                            appealed to the Board of Veterans’
                                                Administrative Procedure Act, 5 U.S.C.                  Appeals.                                               SUMMARY:    Pursuant to the Federal Clean
                                                701–706.                                                *      *     *    *     *                              Air Act (CAA or the Act), the
                                                *     *     *     *     *                                                                                      Environmental Protection Agency (EPA)
                                                                                                        ■  7. Amend § 14.637 by:                               is approving revisions to the Texas State
                                                § 14.631   [Amended]                                    ■  a. In paragraph (d)(2) removing the                 Implementation Plan (SIP) submitted by
                                                ■  4. In § 14.631(d) remove the words                   words ‘‘Assistant General Counsel’’ and                the State of Texas that pertain to
                                                ‘‘Regional Counsel of jurisdiction’’ and                adding, in their place, the words                      regulations to control air pollution from
                                                add, in their place, the words                          ‘‘Deputy Chief Counsel with subject-                   motor vehicles with mobile source
                                                ‘‘appropriate District Chief Counsel’’.                 matter jurisdiction’’.                                 incentive programs.
                                                                                                        ■ b. Revising paragraph (d)(3) to read as              DATES: This rule is effective on
                                                § 14.633   [Amended]                                                                                           September 7, 2017 without further
                                                                                                        follows:
                                                ■  5. Amend § 14.633 by:                                                                                       notice, unless the EPA receives relevant
                                                ■  a. In paragraph (e), removing all                    § 14.637 Payment of the expenses of                    adverse comment by July 10, 2017. If the
                                                references to ‘‘Assistant General’’ and                 agents and attorneys in proceedings before             EPA receives such comment, the EPA
                                                                                                        Agencies of Original Jurisdiction and
                                                adding, in each place, the word ‘‘Chief’’.                                                                     will publish a timely withdrawal in the
                                                                                                        before the Board of Veterans’ Appeals.
                                                ■ b. In paragraph (e) introductory text,                                                                       Federal Register informing the public
                                                removing the words ‘‘of jurisdiction’’                  *      *     *    *     *                              that this rule will not take effect.
                                                and adding in their place, the words                       (d) * * *                                           ADDRESSES: Submit your comments,
                                                ‘‘with subject-matter jurisdiction’’.                      (3) The Office of the General Counsel               identified by Docket No. EPA–R06–
                                                ■ c. In paragraph (f), removing all                     shall close the record in proceedings to               OAR–2014–0497, at http://
                                                references to ‘‘Assistant General’’ and                 review expenses 15 days after the date                 www.regulations.gov or via email to
                                                adding, in each place, the word ‘‘Chief’’.              on which the agent or attorney served a                pitre.randy@epa.gov. Follow the online
                                                ■ d. In paragraph (f), removing the                     response on the claimant or appellant,                 instructions for submitting comments.
                                                words ‘‘or his or her designee’’ and                    or 30 days after the claimant, appellant,              Once submitted, comments cannot be
                                                adding in their place, the words ‘‘with                 or the Office of the General Counsel                   edited or removed from Regulations.gov.
                                                subject-matter jurisdiction’’.                          served the motion on the agent or                      The EPA may publish any comment
                                                ■ 6. Amend § 14.636 by:                                 attorney if there is no response. The                  received to its public docket. Do not
                                                ■ a. In paragraph (i)(2), removing the                  Deputy Chief Counsel with subject-                     submit electronically any information
                                                words ‘‘Assistant General Counsel’’ and                 matter jurisdiction may, for a reasonable              you consider to be Confidential
                                                adding, in their place, the words                       period upon a showing of sufficient                    Business Information (CBI) or other
                                                ‘‘Deputy Chief Counsel with subject-                    cause, extend the time for an agent or                 information whose disclosure is
                                                matter jurisdiction’’.                                  attorney to serve an answer or for a                   restricted by statute. Multimedia
                                                ■ b. Revising paragraph (i)(3) to read as               claimant or appellant to serve a reply.                submissions (audio, video, etc.) must be
                                                follows:                                                The Deputy Chief Counsel shall forward                 accompanied by a written comment.
                                                § 14.636 Payment of fees for                            the record and a recommendation to the                 The written comment is considered the
                                                representation by agents and attorneys in               General Counsel or his or her designee                 official comment and should include
                                                proceedings before Agencies of Original                 for a final decision. Unless either party              discussion of all points you wish to
jstallworth on DSK7TPTVN1PROD with RULES




                                                Jurisdiction and before the Board of                    files a Notice of Disagreement with the                make. The EPA will generally not
                                                Veterans’ Appeals.                                      Office of the General Counsel, the                     consider comments or comment
                                                *     *     *     *    *                                attorney or agent must refund any                      contents located outside of the primary
                                                  (i) * * *                                             excess payment to the claimant or                      submission (i.e. on the Web, cloud, or
                                                  (3) The Office of the General Counsel                 appellant not later than the expiration of             other file sharing system). For
                                                shall close the record in proceedings to                the time within which the Office of the                additional submission methods, please
                                                review fee agreements 15 days after the                 General Counsel’s decision may be                      contact Mr. Randy Pitre, (214) 665–


                                           VerDate Sep<11>2014   14:27 Jun 08, 2017   Jkt 241001   PO 00000   Frm 00016   Fmt 4700   Sfmt 4700   E:\FR\FM\09JNR1.SGM   09JNR1


                                                                      Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules and Regulations                                                 26755

                                                7299, pitre.randy@epa.gov. For the full                 reflect the extension of this program by               (NOX) reduced for a project, (2) allow
                                                EPA public comment policy,                              the Texas Legislature. The September                   TCEQ to set cost-effectiveness limits for
                                                information about CBI or multimedia                     15, 2016 submittal amended the Drayage                 projects and (3) add Wise County to the
                                                submissions, and general guidance on                    Truck Incentive Program regulations                    list of counties eligible for the program.1
                                                making effective comments, please visit                 that were submitted on June 11, 2014.                  Removing the maximum cost-
                                                http://www2.epa.gov/dockets/                                                                                   effectiveness limit and allowing TCEQ
                                                                                                        II. The EPA’s Evaluation
                                                commenting-epa-dockets.                                                                                        to set the limits allows for selection of
                                                   Docket: The index to the docket for                     We have prepared a Technical                        eligible projects to improve air quality,
                                                this action is available electronically at              Support Document (TSD) for this                        even if the cost-effectiveness increases
                                                www.regulations.gov and in hard copy                    rulemaking which details our                           above $15,000 per ton of NOX. Including
                                                at EPA Region 6, 1445 Ross Avenue,                      evaluation. Our TSD may be accessed                    Wise County in the program ensures
                                                Suite 700, Dallas, Texas. While all                     online at http://www.regulations.gov,                  that all the Dallas-Fort Worth ozone
                                                documents in the docket are listed in                   Docket No. EPA–R06–OAR–2014–0497.                      nonattainment counties are in the
                                                the index, some information may be                      Because the SIP revisions pertain to                   program.
                                                publicly available only at the hard copy                economic incentive programs to reduce
                                                                                                        air pollution emissions from mobile                    B. Texas Clean School Bus Program
                                                location (e.g., copyrighted material), and
                                                some may not be publicly available at                   sources we evaluated them using (1)                      The revisions to this program revise
                                                either location (e.g., CBI).                            CAA section 182(g) (Economic Incentive                 30 TAC Sections 114.640, 114.642,
                                                FOR FURTHER INFORMATION CONTACT: Mr.                    Program) (2) our policy guidance on                    114.644, 114.646 and 114.648 by
                                                Randy Pitre, 214–665–7299,                              economic incentive programs found in                   repealing and replacing existing
                                                pitre.randy@epa.gov. To inspect the                     40 CFR part 51, subpart U (Economic                    provisions and revising 30 TAC Section
                                                hard copy materials, please schedule an                 Incentive Programs) and (3) our                        114.648 to clarify that the Texas
                                                appointment with Mr. Randy Pitre or                     guidance document ‘‘Improving Air                      Legislature had extended the program
                                                Mr. Bill Deese at 214–665–7253.                         Quality with Economic Incentive                        until August 31, 2019. Previously 30
                                                                                                        Programs’’ (EPA–452/R–01–001,                          TAC 114.648 stated that the program
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        January 2001, www.epa.gov/sites/                       expired on August 31, 2013, unless the
                                                Throughout this document ‘‘we,’’ ‘‘us,’’                production/files/2015-07/documents/                    program is extended or reauthorized by
                                                and ‘‘our’’ means the EPA.                              eipfin.pdf). An economic incentive                     the Texas Legislature. Other than the
                                                I. Background                                           program achieves an air quality                        clarification of the current program
                                                                                                        objective by providing market-based                    expiration date, the revisions did not
                                                A. CAA and SIPs                                         incentives or information to emission                  change the EPA approved SIP
                                                   Section 110 of the CAA requires states               sources. Three fundamental principles                  provisions for this program.
                                                to develop and submit to the EPA a SIP                  apply to all approvable economic
                                                to ensure that state air quality meets                                                                         C. Texas Clean Fleet Program
                                                                                                        incentive programs: Integrity, equity,
                                                National Ambient Air Quality                            and environmental benefit. Our analysis                   The revisions to this program revise
                                                Standards. These ambient standards                      concluded that the SIP revisions to the                30 TAC Sections 114.650, 114.653 and
                                                currently address six criteria pollutants:              Texas mobile source incentive programs                 114.656. The revisions allow certain
                                                Carbon monoxide, nitrogen dioxide,                      meet these principles and are                          projects related to agricultural product
                                                ozone, lead, particulate matter, and                    approvable. The Mobile Source                          transportation (i.e., projects for trucks
                                                sulfur dioxide. Each federally-approved                 Economic Incentive Programs are                        that move goods from a farm), to be
                                                SIP protects air quality primarily by                   consistent with the CAA as they will                   eligible for the program to replace older
                                                addressing air pollution at its point of                reduce air pollution and emissions of                  heavy-duty on-road vehicles. The
                                                origin through air pollution regulations                NOX, which is a precursor to ozone and                 revisions also include a new maximum
                                                and control strategies. The EPA                         particulate matter. The emission                       grant amount for replacement of a
                                                approved SIP regulations and control                    reductions from replacing vehicles or                  heavy-duty on-road vehicle or a light-
                                                strategies are federally enforceable.                   replacing, repowering or retrofitting                  duty on-road vehicle with a grant of up
                                                                                                        engines can be quantified, and provide                 to 80% of the replacement vehicle.
                                                B. Texas’ Submittals
                                                                                                        an environmental benefit by reducing                   D. Drayage Truck Incentive Program
                                                  Revisions with changes, additions,                    air pollution emissions by encouraging
                                                and extensions to the Texas SIP Mobile                  the use of newer diesel technologies in                  Drayage refers to the transport of
                                                Source Incentive Programs found in                      the Texas nonattainment areas. If Texas                goods over a short distance. This
                                                Title 30 of the Texas Administrative                    includes emission reductions from these                program provides financial incentives to
                                                Code (30 TAC), Chapter 114, (Control of                 programs in future attainment or                       encourage owners to replace drayage
                                                Air Pollution from Motor Vehicles),                     reasonable further progress SIPs, EPA                  trucks with pre-2007 model engines
                                                Subchapter K (Mobile Source Incentive                   will evaluate the amount of reductions                 with drayage trucks with 2010 or later
                                                Programs) were submitted by the Texas                   it achieves at that time. We are                       model year engines. The intent is to
                                                Commission on Environmental Quality                     approving the Texas SIP submittals as                  reduce emissions from heavy-duty on-
                                                (TCEQ) on June 11, 2014, December 23,                   part of the Texas SIP. A short discussion              road and non-road vehicles used for
                                                2014, and September 15, 2016. The June                  of the programs is discussed below. For                drayage activities through a seaport or
                                                11, 2014 submittal (1) revised                          more information, please see the TSD.                  rail yard.
                                                regulations for the Diesel Emissions                                                                           III. Final Action
                                                Reduction Incentive Program for On-                     A. Diesel Emissions Reduction Incentive
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                                                Road and Non-Road Vehicles (Division                    Program for On-Road and Non-Road                          We are approving revisions to the
                                                3) and the Texas Clean Fleet Program                    Vehicles                                               Texas SIP that pertain to regulations to
                                                (Division 5), and (2) added regulations                   The revisions to this program revise                 control air pollution from motor
                                                for a new Drayage Truck Incentive                       30 TAC Sections 114.622 and 114.629.                     1 Wise County was included in the Dallas-Fort
                                                Program (Division 8). The December 23,                  The revisions (1) remove the maximum                   Worth ozone nonattainment area for the 2008 ozone
                                                2014 submittal revised the Texas Clean                  cost-effectiveness limit of $15,000 per                national ambient air quality standard (77 FR 30088,
                                                School Bus Program (Division 4) to                      ton of emissions of nitrogen oxides                    30147, May 21, 2012).



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                                                26756                 Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules and Regulations

                                                vehicles with mobile source incentive                   that complies with the provisions of the               Business Regulatory Enforcement
                                                programs. The revisions were submitted                  Act and applicable Federal regulations.                Fairness Act of 1996, generally provides
                                                on June 11, 2014, December 23, 2014                     42 U.S.C. 7410(k); 40 CFR 52.02(a).                    that before a rule may take effect, the
                                                and September 15, 2016. The revisions                   Thus, in reviewing SIP submissions, the                agency promulgating the rule must
                                                revise regulations for (1) the Diesel                   EPA’s role is to approve state choices,                submit a rule report, which includes a
                                                Emissions Reduction Incentive Program                   provided that they meet the criteria of                copy of the rule, to each House of the
                                                for On-Road and Non-Road Vehicles (30                   the CAA. Accordingly, this action                      Congress and to the Comptroller General
                                                TAC Sections 114.622 and 114.629), (2)                  merely approves state law as meeting                   of the United States. The EPA will
                                                the Texas Clean School Bus Program (30                  Federal requirements and does not                      submit a report containing this rule and
                                                TAC Sections 114.640, 114.642,                          impose additional requirements beyond                  other required information to the U.S.
                                                114.644, 114.646 and 114.648), and (3)                  those imposed by state law. For that                   Senate, the U.S. House of
                                                the Texas Clean Fleet Program (30 TAC                   reason, this action:                                   Representatives, and the Comptroller
                                                Sections 114.650, 114.653 and 114.656).                    • Is not a ‘‘significant regulatory                 General of the United States prior to
                                                The revisions also add regulations for                  action’’ subject to review by the Office               publication of the rule in the Federal
                                                Drayage Truck Incentive Program (30                     of Management and Budget under                         Register. A major rule cannot take effect
                                                TAC Sections 114.680, 114.681 and                       Executive Orders 12866 (58 FR 51735,                   until 60 days after it is published in the
                                                114.682), and the amendments to 30                      October 4, 1993) and 13563 (76 FR 3821,                Federal Register. This action is not a
                                                TAC Sections 114.680 and 114.682.                       January 21, 2011);                                     ‘‘major rule’’ as defined by 5 U.S.C.
                                                  The EPA is publishing this rule                          • Does not impose an information                    804(2).
                                                without prior proposal because we view                  collection burden under the provisions                    Under section 307(b)(1) of the CAA,
                                                this as a non-controversial amendment                   of the Paperwork Reduction Act (44                     petitions for judicial review of this
                                                and anticipate no adverse comments.                     U.S.C. 3501 et seq.);                                  action must be filed in the United States
                                                However, in the proposed rules section                     • Is certified as not having a                      Court of Appeals for the appropriate
                                                of this Federal Register publication, we                significant economic impact on a                       circuit by August 8, 2017. Filing a
                                                are publishing a separate document that                 substantial number of small entities                   petition for reconsideration by the
                                                will serve as the proposal to approve the               under the Regulatory Flexibility Act (5                Administrator of this final rule does not
                                                SIP revision if relevant adverse                        U.S.C. 601 et seq.);                                   affect the finality of this rule for the
                                                comments are received. This rule will                      • Does not contain any unfunded                     purposes of judicial review nor does it
                                                be effective on September 7, 2017                       mandate or significantly or uniquely                   extend the time within which a petition
                                                without further notice unless we receive                affect small governments, as described                 for judicial review may be filed, and
                                                relevant adverse comment by July 10,                    in the Unfunded Mandates Reform Act                    shall not postpone the effectiveness of
                                                2017. If we receive relevant adverse                    of 1995 (Pub. L. 104–4);                               such rule or action. This action may not
                                                comments, we will publish a timely                         • Does not have Federalism                          be challenged later in proceedings to
                                                withdrawal in the Federal Register                      implications as specified in Executive                 enforce its requirements. (See section
                                                informing the public that the rule will                 Order 13132 (64 FR 43255, August 10,                   307(b)(2).)
                                                not take effect. We will address all                    1999);                                                    Samuel Coleman was designated the
                                                public comments in a subsequent final                      • Is not an economically significant                Acting Regional Administrator on May
                                                rule based on the proposed rule. We                     regulatory action based on health or                   30, 2017 through the order of succession
                                                will not institute a second comment                     safety risks subject to Executive Order                outlined in Regional Order R6–1110.13,
                                                period on this action. Any parties                      13045 (62 FR 19885, April 23, 1997);                   a copy of which is included in the
                                                interested in commenting must do so                        • Is not a significant regulatory action            docket for this action.
                                                now. Please note that if we receive                     subject to Executive Order 13211 (66 FR
                                                relevant adverse comment on an                          28355, May 22, 2001);                                  List of Subjects in 40 CFR Part 52
                                                amendment, paragraph, or section of                        • Is not subject to requirements of                   Environmental protection, Air
                                                this rule and if that provision may be                  section 12(d) of the National                          pollution control, Incorporation by
                                                severed from the remainder of the rule,                 Technology Transfer and Advancement                    reference, Nitrogen dioxide, Ozone,
                                                we may adopt as final those provisions                  Act of 1995 (15 U.S.C. 272 note) because               Particulate matter, Reporting and
                                                of the rule that are not the subject of an              application of those requirements would                recordkeeping requirements, Volatile
                                                adverse comment.                                        be inconsistent with the CAA; and                      organic compounds.
                                                                                                           • Does not provide EPA with the
                                                IV. Incorporation by Reference                                                                                   Dated: May 30, 2017.
                                                                                                        discretionary authority to address, as
                                                                                                                                                               Samuel Coleman,
                                                  In this rule, we are finalizing                       appropriate, disproportionate human
                                                                                                        health or environmental effects, using                 Acting Regional Administrator, Region 6.
                                                regulatory text that includes
                                                incorporation by reference. In                          practicable and legally permissible                    ■   40 CFR part 52 is amended as follows:
                                                accordance with the requirements of 1                   methods, under Executive Order 12898
                                                CFR 51.5, we are finalizing the                         (59 FR 7629, February 16, 1994).                       PART 52—APPROVAL AND
                                                incorporation by reference of the                          In addition, the SIP is not approved                PROMULGATION OF
                                                revisions to the Texas regulations as                   to apply on any Indian reservation land                IMPLEMENTATION PLANS
                                                described in the Final Action section                   or in any other area where EPA or an                   ■ 1. The authority citation for part 52
                                                above. We have made, and will continue                  Indian tribe has demonstrated that a                   continues to read as follows:
                                                to make, these documents generally                      tribe has jurisdiction. In those areas of
                                                                                                        Indian country, the rule does not have                     Authority: 42 U.S.C. 7401 et seq.
                                                available electronically through
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                                                www.regulations.gov and/or in hard                      tribal implications and will not impose
                                                                                                                                                               Subpart SS—Texas
                                                copy at the EPA Region 6 office.                        substantial direct costs on tribal
                                                                                                        governments or preempt tribal law as                   ■  2. In § 52.2270(c), the table titled
                                                V. Statutory and Executive Order                        specified by Executive Order 13175 (65                 ‘‘EPA Approved Regulations in the
                                                Reviews                                                 FR 67249, November 9, 2000).                           Texas SIP’’ is amended by:
                                                  Under the CAA, the Administrator is                      The Congressional Review Act, 5                     ■ a. Revising the centered heading for
                                                required to approve a SIP submission                    U.S.C. 801 et seq., as added by the Small              Chapter 114, Subchapter K, Division 3


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                                                                      Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules and Regulations                                                               26757

                                                and the entries for sections 114.622,                         ‘‘Division 8: Drayage Truck Incentive                          § 52.2270   Identification of plan.
                                                114.629, 114.640, 114.642, 114.644,                           Program’’ followed by entries for                              *       *    *       *    *
                                                114.646, 114.648, 114.650, 114.653, and                       sections 114.680, 114.681, and 114.682.                            (c) * * *
                                                114.656; and                                                     The revisions and additions read as
                                                ■ b. Adding, after the entry for section
                                                                                                              follows:
                                                114.658, the centered heading for

                                                                                                     EPA APPROVED REGULATIONS IN THE TEXAS SIP
                                                                                                                                            State
                                                     State citation                            Title/subject                              approval/                        EPA approval date                   Explanation
                                                                                                                                        submittal date


                                                          *                        *                             *                             *                       *                      *                    *

                                                                                             Chapter 114 (Reg 4)—Control of Air Pollution from Motor Vehicles


                                                          *                        *                             *                             *                       *                      *                    *

                                                                                                         Subchapter K—Mobile Source Incentive Programs

                                                                         Division 3: Diesel Emissions Reduction Incentive Program for On-Road and Non-Road Vehicles


                                                          *                        *                             *                             *                       *                      *                    *

                                                Section 114.622 .........   Incentive Program Requirements .........                               4/9/2014    6/9/2017, [Insert Federal Register citation]

                                                         *                       *                  *                                          *                       *                    *                      *
                                                Section 114.629 .........   Affected Counties and Implementation                                   4/9/2014    6/9/2017, [Insert Federal Register citation]
                                                                              Schedule.

                                                                                                             Division 4: Texas Clean School Bus Program

                                                Section 114.640 .........   Definitions .............................................          3/26/2014       6/9/2017, [Insert Federal Register citation]
                                                Section 114.642 .........   Applicability ...........................................          3/26/2014       6/9/2017, [Insert Federal Register citation]
                                                Section 114.644 .........   Clean School Bus Program Require-                                  3/26/2014       6/9/2017, [Insert Federal Register citation]
                                                                              ments.
                                                Section 114.646 .........   Monitoring, Recordkeeping, and Re-                                 3/26/2014       6/9/2017, [Insert Federal Register citation]
                                                                              porting Requirements.
                                                Section 114.648 .........   Expiration ..............................................          3/26/2014       6/9/2017, [Insert Federal Register citation]

                                                                                                                  Division 5: Texas Clean Fleet Program

                                                Section 114.650 .........   Definitions .............................................              4/9/2014    6/9/2017, [Insert Federal Register citation]

                                                         *                      *                             *                                *                       *                    *                      *
                                                Section 114.653 .........   Grant Eligibility ......................................               4/9/2014    6/9/2017, [Insert Federal Register citation]

                                                         *                        *                   *                                        *                       *                    *                      *
                                                Section 114.656 .........   Eligible Grant Amounts .........................                       4/9/2014    6/9/2017, [Insert Federal Register citation]

                                                          *                        *                             *                             *                       *                      *                    *

                                                                                                             Division 8: Drayage Truck Incentive Program

                                                Section 114.680 .........   Definitions .............................................              8/3/2016    6/9/2017, [Insert Federal Register citation]
                                                Section 114.681 .........   Applicability ...........................................              4/9/2014    6/9/2017, [Insert Federal Register citation]
                                                Section 114.682 .........   Eligible Vehicle Models .........................                      8/3/2016    6/9/2017, [Insert Federal Register citation]

                                                          *                        *                             *                             *                       *                      *                    *



                                                [FR Doc. 2017–11900 Filed 6–8–17; 8:45 am]
                                                BILLING CODE 6560–50–P
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Document Created: 2017-06-09 01:11:57
Document Modified: 2017-06-09 01:11:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on September 7, 2017 without further notice, unless the EPA receives relevant adverse comment by July 10, 2017. If the EPA receives such comment, the EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.
ContactMr. Randy Pitre, 214-665-7299, [email protected] To inspect the hard copy materials, please schedule an appointment with Mr. Randy Pitre or Mr. Bill Deese at 214- 665-7253.
FR Citation82 FR 26754 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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