Proposed Rule2024-23340
Air Plan Approval; Texas; Vehicle Inspection and Maintenance Plan for Bexar County
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 11, 2024
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve revisions to the Texas State Implementation Plan (SIP) submitted to the EPA by the Texas Commission on Environmental Quality (TCEQ or State) on December 18, 2023. The SIP revisions address Control of Air Pollution from Motor Vehicles and establish a Motor Vehicle Inspection and Maintenance (I/M) program for the San Antonio ozone nonattainment area. The revisions also update definitions and address options for displaying a vehicle's registration as proof of compliance with I/M requirements.
Full Text
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<title>Federal Register, Volume 89 Issue 198 (Friday, October 11, 2024)</title>
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[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Proposed Rules]
[Pages 82550-82553]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23340]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2023-0647; FRL-12276-01-R6]
Air Plan Approval; Texas; Vehicle Inspection and Maintenance Plan
for Bexar County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Pursuant to the Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve revisions
to the Texas State Implementation Plan (SIP) submitted to the EPA by
the Texas Commission on Environmental Quality (TCEQ or State) on
December 18, 2023. The SIP revisions address Control of Air Pollution
from Motor Vehicles and establish a Motor Vehicle Inspection and
Maintenance (I/M) program for the San Antonio ozone nonattainment area.
The revisions also update definitions and address options for
displaying a
[[Page 82551]]
vehicle's registration as proof of compliance with I/M requirements.
DATES: Written comments must be received on or before November 12,
2024.
ADDRESSES: Submit your comments, identified by Docket ID EPA-R06-OAR-
2023-0647, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#f98a8d9c909bd79a95968f908ab99c8998d79e968f"><span class="__cf_email__" data-cfemail="9ae9eefff3f8b4f9f6f5ecf3e9daffeafbb4fdf5ec">[email protected]</span></a>. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. 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. Clovis Steib, 214-
665-7566, <a href="/cdn-cgi/l/email-protection#1f6c6b7a767d317c737069766c5f7a6f7e31787069"><span class="__cf_email__" data-cfemail="295a5d4c404b074a45465f405a694c5948074e465f">[email protected]</span></a>. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
Docket: The index to the docket for this action is available
electronically at <a href="http://www.regulations.gov">www.regulations.gov</a>. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Mr. Clovis Steib, EPA Region 6 Office,
Infrastructure and Ozone Section, 214-665-7566, <a href="/cdn-cgi/l/email-protection#80f3f4e5e9e2aee3eceff6e9f3c0e5f0e1aee7eff6"><span class="__cf_email__" data-cfemail="c0b3b4a5a9a2eea3acafb6a9b380a5b0a1eea7afb6">[email protected]</span></a>.
We encourage the public to submit comments via <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Please call or email the contact listed above if
you need alternative access to material indexed but not provided in the
docket.
SUPPLEMENTARY INFORMATION: Throughout this document ``we'' and ``our''
means the EPA.
I. Background
Ground-level ozone, also known as ``tropospheric ozone'' or
``smog,'' is created when emissions of the ozone precursors, oxides of
nitrogen (NO<INF>X</INF>) and volatile organic compounds (VOCs), react
in the presence of sunlight and heat. EPA has established the ozone
National Ambient Air Quality Standards (NAAQS) to protect public
health, including the health of at-risk populations, with an adequate
margin of safety. On October 1, 2015, EPA revised the ozone NAAQS to a
level of 0.070 parts per million (ppm) (computed based on the annual
fourth highest daily maximum 8-hour average concentration, averaged
over 3 years).\1\ The revised 2015 ozone NAAQS provide greater
protection of public health and the environment than the previous ozone
NAAQS of 0.075 ppm, set in 2008. Although the 2015 ozone NAAQS retain
the same general form and averaging time as the NAAQS set in 2008, the
lower level is more protective.
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\1\ See 80 FR 65296, October 26, 2015; and 40 CFR part 50,
appendix U, for more information on the revised 2015 ozone NAAQS,
including a detailed explanation of the calculation of the 3-year 8-
hour average.
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Effective September 24, 2018, Bexar County was designated as the
San Antonio, Texas, nonattainment area \2\ and classified as a Marginal
nonattainment area for the 2015 ozone NAAQS with an attainment deadline
of September 24, 2021 (83 FR 35136, July 25, 2018).
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\2\ The ``San Antonio nonattainment area'' may also be referred
to as the ``Bexar County nonattainment area'' and includes all of
Bexar County. The surrounding counties in the San Antonio area:
Atascosa, Bandera, Comal, Guadalupe, Kendall, Medina, and Wilson
Counties are designated as attainment/unclassifiable.
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On March 30, 2022, TCEQ adopted revisions to their SIP (Rule
Project No. 2021-029-114-AI) that implement applicable sections of
Senate Bill (SB) 604, 86th legislature 2019. The revisions expanded the
compliance options for the display of vehicle registration insignia and
incorporated minor changes to 30 Texas Administrative Code (TAC)
chapter 114, Control of Air Pollution from Motor Vehicles, to comply
with the Texas Transportation Code, chapter 504.
On October 7, 2022, EPA reclassified the San Antonio area from
Marginal to Moderate effective November 7, 2022 (87 FR 60897). The CAA
section 182(b)(4) and title 40 of the Code of Federal Regulations
(CFR), part 51, subpart S, require the implementation of a Basic
vehicle emissions I/M program \3\ in certain urbanized ozone
nonattainment areas classified as Moderate. The State is therefore
required to implement an I/M program in Bexar County by November 7,
2026.\4\
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\3\ The performance standard for Basic I/M programs in areas
designated nonattainment for the 2015 ozone NAAQS includes, among
other things, annual inspections of light-duty vehicles in a
centralized test program by conducting idle testing of 1968-2000
Model Year (MY) subject vehicles and on-board diagnostics (OBD)
checks on 2001 and newer subject vehicles (see 40 CFR 51.352(e)). An
I/M performance standard is a collection of program design elements
which defines a benchmark program to which a state's proposed
program is compared in terms of its potential to reduce emissions of
the ozone precursors, VOC, and NO<INF>X</INF>. Per the SIP, the
Texas I/M program requires the annual OBD testing of gasoline-
powered vehicles between 2-24 years old in the affected counties.
\4\ To satisfy the requirements of 40 CFR part 51, subpart S,
Sec. 51.350(a)(4).
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On November 29, 2023, TCEQ adopted the Bexar County I/M SIP
Revision (Non-Rule Project No. 2022-027-SIP-NR) and the associated
revisions to 30 TAC Chapter 114 (Rule Project No. 2022-026-114-AI).
II. The Submitted SIP Revisions
On December 18, 2023, the TCEQ submitted an I/M Program plan (Non-
Rule Project No. 2022-027-SIP-NR) and rulemaking revisions (Rule
Project No. 2022-026-114-AI) that would ensure the State's
implementation of the vehicle I/M program in the San Antonio
nonattainment area by no later than November 1, 2026. The submitted
revisions expand the State's existing I/M program into Bexar County.
Additionally, the submitted revisions also incorporate minor changes
from a prior 30 TAC chapter 114 rulemaking (Rule Project No. 2021-029-
114-AI) that expand the options for displaying a vehicle's registration
insignia to include digital license plates.
EPA determined on March 11, 2024, that the three submitted
revisions addressed herein meet the SIP completeness criteria found in
40 CFR part 51, appendix V.\5\
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\5\ Letter from Mr. David F. Garcia, Air and Radiation Division
Director, EPA Region 6 to Mr. Jon Niermann, Chairman, Texas
Commission on Environmental Quality (March 11, 2024), included in
the docket for this action.
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III. The EPA's Evaluation
A. Analysis of Submitted Bexar County I/M SIP Revision and Associated
Revisions to 30 TAC Chapter 114
The submitted SIP revisions (Non-Rule Project No. 2022-027-SIP-NR)
expand the State's I/M program into Bexar County and implement on-board
diagnostics (OBD) inspections for vehicles subject to I/M program
requirements beginning November 1, 2026. All vehicle emissions
inspection stations in Bexar County will be required to offer the OBD
inspections.
The submitted revisions (Rule Project No. 2022-026-114-AI and Rule
Project No. 2021-029-114-AI) address 30 TAC chapter 114, subchapters A,
C, and H. An analysis of the submitted revisions to chapter 114 are
covered in detail in our Technical Support Document (TSD) included in
the docket for this action. A
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summary of the revisions to 30 TAC chapter 114 grouped by subchapter is
provided:
Subchapter A:
<bullet> The revisions to section 114.1 and 114.2 remove obsolete
definitions and update the mail code in the Texas I/M SIP.\6\
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\6\ The definitions are listed in the TSD in the docket for this
proposed action.
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Subchapter C:
<bullet> The revisions to sections 114.50 and 114.53, implement a
new Bexar County I/M program, specifies the program start date and the
model year vehicles to be tested, require that all vehicle emissions
testing stations offer OBD tests, and establish fees.\7\
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\7\ The revisions establish the maximum fee of $11.50 that Bexar
County program area emissions inspection stations may charge for the
OBD test. The adopted revisions would also require affected vehicle
owners to remit $2.50 to the Texas Department of Motor Vehicles
(DMV) or county tax assessor-collector at the time of annual vehicle
registration as part of the vehicle emissions inspection fee to
cover the costs to implement, maintain, administer, and enforce the
required vehicle I/M program in Bexar County.
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<bullet> The revisions to section 114.82 expand the options for
proof of compliance with I/M requirements for motorists. It adds
language to allow for different forms of proof of compliance with I/M
requirements provided by the DPS and the DMV. The revisions allow for
the display of a vehicle's registration insignia for certain commercial
fleet or governmental entity vehicles on a digital license plate in
lieu of attaching the registration insignia to the vehicle's
windshield.
This action does not address the submitted revisions to subchapter
H (30 TAC 114.309)--the State's Low RVP Program (Rule Project No. 2022-
026-114-AI).\8\ These submitted revisions are severable and will be
addressed in a future, separate EPA action.
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\8\ These are the State's rules addressing gasoline with low
Reid Vapor Pressure (RVP). For information on gasoline Reid vapor
pressure, please visit <a href="https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure">https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure</a>.
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B. Analysis of Bexar County 2015 Ozone Nonattainment Area Performance
Standard Modeling (PSM)
As mentioned previously, the San Antonio ozone nonattainment area
was reclassified as Moderate under the 2015 standard, and therefore,
must demonstrate through modeling that the area meets the Basic I/M
requirements.\9\ PSM is a SIP submission requirement per the I/M rule
at 40 CFR 51.372(a)(2). This rule requires states to provide a
demonstration that the proposed vehicle emissions I/M program for a
newly designated or reclassified ozone nonattainment area meets the
emissions reduction benchmarks specified for the area's ozone NAAQS
classification level. A PSM analysis is conducted to evaluate whether a
proposed I/M program meets the applicable performance standard. The
performance standards establish the level of emission reductions that
mandatory I/M programs must meet or exceed. The TCEQ performed the
required PSM analysis of the proposed Bexar County area I/M program
\10\ following the procedures in the EPA guidance document Performance
Standard Modeling for New and Existing Vehicle Inspection and
Maintenance (I/M) Programs Using the MOVES Mobile Source Emissions
Model (EPA-420-B-22-034, October 2022). For the benchmark or model
program to which Bexar County's proposed Basic I/M program will be
compared, TCEQ correctly selected the Basic performance standard for
areas designated nonattainment for the 8-hour ozone standard detailed
in 40 CFR 51.352(e). TCEQ used EPA's Mobile Vehicle Emissions
Simulator, version 3.1 (MOVES3.1) \11\ to conduct the analyses in March
2023, using 2026 as the analysis year--the Bexar County program
implementation year under the 2015 ozone NAAQS. The documentation of
the PSM assessments is provided in attachment B, chapter 2 of the
State's December 18, 2023, submittal, and a summary of the results are
provided in attachment B, chapter 3 of the submittal. Copies of the
modeling summary are included in the docket \12\ for this action. After
reviewing TCEQ's PSM analysis, EPA concludes that TCEQ has demonstrated
that the Basic I/M performance standard is met in the Bexar County
subject I/M area and that the analysis was completed consistent with
EPA's 2022 PSM guidance.
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\9\ 87 FR 60897.
\10\ See Attachment B: Inspection and Maintenance (I/M) Program
Performance Standard Modeling (PSM) for the New I/M Program in the
Bexar County 2015 Ozone Nonattainment Area of the State's December
18, 2023, submittal package.
\11\ MOVES 3.1 was the most current version available to TCEQ in
March 2023 (released 12/9/2022). It's successor, MOVES4, was
released in September of 2023.
\12\ See Docket EPA-R06-OAR-2023-0647.
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Table 1 below presents mass unit modeling results (in tons per day
or tpd) of TCEQ's PSM comparison of the proposed Bexar County area's I/
M program to the benchmark program of the Basic performance standard.
The emission levels (in tpd) of the ozone precursors, NO<INF>X</INF>
and VOC, for the proposed I/M program are lower than the emissions from
the benchmark program for the Basic I/M performance standard.
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\13\ See Table 3-1: Summary of 2026 Performance Standard
Evaluation for the Bexar County 2015 Ozone NAAQS Nonattainment Area
Proposed I/M Program (tons per day) on page 12 of the TCEQ summary
document.
Table 1--Summary of 2026 Performance Standard Evaluation for the Bexar County 2015 Ozone NAAQS Nonattainment
Area New I/M Program
[Tons per day] \13\
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Performance
standard
Pollutant New I/M program benchmark basic I/ Does new program meet I/M
emissions M program performance standard?
emissions
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NOX........................................ 15.01 15.16 Yes.
VOC........................................ 8.85 9.41 Yes.
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Therefore, we are proposing that the Bexar County I/M program be
approved into the SIP because the proposed I/M program meets the Basic
I/M performance standard for the 2015 ozone NAAQS.
IV. Proposed Action
EPA is proposing to approve the following revisions to the Texas
SIP, submitted to the EPA on December 18,
[[Page 82553]]
2023: 30 TAC chapter 114, subchapter A, sections 114.1 and 114.2, and
subchapter C, sections 114.50, 114.53, and 114.82. The submitted
revisions describe and demonstrate how CAA requirements for a Basic
vehicle I/M program (CAA section 182(b)(4) and 40 CFR part 51, subpart
S) meets the requirements for 2015 ozone NAAQS for the San Antonio
ozone nonattainment area; and incorporates minor changes for the
display of a vehicle's registration insignia. This proposed action is
being taken pursuant to section 110 and part D of the CAA.
V. Environmental Justice Considerations
For this proposed action, The EPA conducted screening analyses
using the EPA's Environmental Justice (EJ) screening tool (EJScreen
tool, version 2.2).\14\ The EPA reviewed environmental and demographic
data of the populations living within the San Antonio area. The EPA
then compared these data to the national average for each of the
environmental and demographic groups. The results of this analysis are
being provided for informational and transparency purposes.
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\14\ See <a href="https://www.epa.gov/ejscreen">https://www.epa.gov/ejscreen</a>.
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Review of the environmental analyses indicate that the San Antonio
ozone nonattainment area is above the 80th percentile for Particulate
Matter 2.5, Ozone, and Superfund Proximity. A detailed description of
the EJ considerations and the EJScreen analysis reports are available
in the docket for this rulemaking.
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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:
<bullet> 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 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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 Clean Air Act.
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
This proposed action would strengthen measures in the current SIP
by implementing a vehicle inspection and maintenance program in the San
Antonio area. As such, at a minimum, this action would not worsen any
existing air quality and is expected to ensure that the San Antonio
nonattainment area is meeting requirements to attain and/or maintain
air quality standards. Further, there is no information in the record
indicating this action is expected to have disproportionately high or
adverse human health or environmental effects on a particular group of
people. The EPA performed an environmental justice analysis, as
described earlier in this action under ``Environmental Justice
Considerations.'' The analysis was done for the purpose of providing
additional context and information about this proposal to the public,
not as a basis of the action.
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 3, 2024.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2024-23340 Filed 10-10-24; 8:45 am]
BILLING CODE 6560-50-P
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