Rule2025-05928
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
April 8, 2025
Effective
May 8, 2025
Issuing agencies
Environmental Protection Agency
Abstract
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 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. Additionally, this final action terminates the EPA's requirement to promulgate a Federal Implementation Plan (FIP) for a Basic I/M program in the San Antonio nonattainment area.
Full Text
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<title>Federal Register, Volume 90 Issue 66 (Tuesday, April 8, 2025)</title>
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[Federal Register Volume 90, Number 66 (Tuesday, April 8, 2025)]
[Rules and Regulations]
[Pages 15119-15123]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05928]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2023-0647; FRL-12276-02-R6]
Air Plan Approval; Texas; Vehicle Inspection and Maintenance Plan
for Bexar County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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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 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.
[[Page 15120]]
The revisions also update definitions and address options for
displaying a vehicle's registration as proof of compliance with I/M
requirements. Additionally, this final action terminates the EPA's
requirement to promulgate a Federal Implementation Plan (FIP) for a
Basic I/M program in the San Antonio nonattainment area.
DATES: This rule is effective on May 8, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2023-0647. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet. Publicly available docket
materials are available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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#6f1c1b0a060d410c030019061c2f0a1f0e41080019"><span class="__cf_email__" data-cfemail="5b282f3e3239753837342d32281b3e2b3a753c342d">[email protected]</span></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,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
October 11, 2024, proposal (89 FR 82550). In that document we proposed
to approve revisions to the Texas SIP at 30 TAC Chapter 114, Subchapter
A, Sections 114.1 and Section 114.2, and Subchapter C, Sections 114.50,
114.53, and 114.82), pursuant to section 110 and part D of the CAA.
Consistent with the CAA section 182(b)(4) and title 40 of the Code of
Federal Regulations (CFR), part 51, subpart S, the revisions expand the
State's vehicle I/M program into Bexar County \1\ and implement on-
board diagnostics (OBD) inspections for vehicles subject to the I/M
program requirements beginning on November 1, 2026.\2\ In addition, the
revisions incorporate minor changes for the display of a vehicle's
registration insignia to include digital license plates.
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\1\ The ``San Antonio 2015 ozone 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.
\2\ The State proposed to implement their Basic vehicle
emissions I/M program six days earlier than the required deadline of
November 7, 2026.
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We received comments on our October 2024 proposal from five
commenters, and our responses to the comments follow.
II. Response to Comments
Comment: The TCEQ requested that we correct footnote 7 of our
October 2024 proposal,\3\ which incorrectly stated that the revisions
establish the maximum fee of $11.50 instead of the correct dollar
amount of $18.50.
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\3\ See 89 FR 82550, 82552.
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Response: We appreciate the TCEQ's comment and are making the
correction in this final rule.
Comment: One anonymous commenter expressed concern that the
associated cost of the program to motorists could hinder the
implementation of the program. The commenter also suggested that the
program should apply to commercial and large vehicle operators.
Response: EPA acknowledges the concerns raised by the commenter
regarding the potential impact of the cost of the program to motorists.
The TCEQ is responsible for setting and adopting the maximum vehicle
emissions inspection fee for individual area I/M programs, and it
addressed a similar issue during its public comment as discussed below.
In Bexar County, the adopted fee of $18.50 was established in November
2023, which aligns with the maximum Onboard Diagnostics (OBD) fee of
$18.50 applicable in the Houston-Galveston-Brazoria (HGB) and Dallas-
Fort Worth (DFW) program areas. This amount is consistent with the
Bexar County Inspection and Maintenance Program Study Final Report \4\
that recommended an OBD fee for all program areas between $18 and $22.
Additionally, under Texas Health and Safety Code (THSC), section
382.202(f), TCEQ reviews the vehicle emissions fee for the I/M program
every two years to ensure the fees remain appropriate with the
program.\5\ Further, residents of the county had opportunity to provide
feedback on the program implementation and its associated costs during
TCEQ's 45-day public comment period which closed on July 17, 2023.
During the 45-day public comment period, the Alamo Area Council of
Governments (AACOG), San Antonio Auto Service, LLC (SAAS), Official
Inspection Station (OIS), Texas State Inspection Association (TSIA),
Rema Investment Group, LLC (REI), and 13 individuals provided input to
TCEQ on the maximum fees set for individual emissions inspections in
Texas. AACOG commented during the TCEQ's public comment period that
local elected officials were concerned about the impact the emissions
inspection fee would have on residents. The TCEQ responded that the
comments received were taken into consideration when setting said fees.
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\4\ Eastern Research Group, Inc., Bexar County Inspection and
Maintenance (I/M) Program Study Final Report. Jun. 30, 2020. <a href="https://wayback.archive-it.org/414/20210528194434/https:/www.tceq.texas.gov/assets/public/implementation/air/ms/IM/2020%20Bexar%20County%20IM%20Prog%20Study%20Report.pdf">https://wayback.archive-it.org/414/20210528194434/https:/www.tceq.texas.gov/assets/public/implementation/air/ms/IM/2020%20Bexar%20County%20IM%20Prog%20Study%20Report.pdf</a>.
\5\ The latest fee analysis study can be found at <a href="https://www.tceq.texas.gov/downloads/air-quality/mobile-source/2024-im-fee-analysis.pdf">https://www.tceq.texas.gov/downloads/air-quality/mobile-source/2024-im-fee-analysis.pdf</a>.
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With regard to the commenter's suggestion that commercial and large
vehicle operators should also be subject to the State's vehicle I/M
program, it is important to note that Texas' vehicle emissions I/M
program only applies to gasoline-powered, passenger and light-duty
vehicles--those with a gross vehicle weight rating (GVWR) of 14,000
pounds or less. Texas' I/M program is projected to reduce vehicle
emissions of oxides of nitrogen and volatile organic compounds, which
are precursors to ozone formation.
Heavy-duty commercial vehicles (HDCV)--those greater than 14,000
pounds GVWR such as larger trucks, buses and freight vehicles (both
diesel and gasoline-powered), are not subject to the same vehicle
emissions inspection requirements under Texas' state program. States
generally have limited authority to regulate emissions from HDCVs
because these vehicles are often engaged in interstate commerce, which
falls under federal jurisdiction. These larger commercial vehicles are,
however, subject to federal emissions standards regulated by the
EPA,\6\ rather than the state's emissions inspection program.
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\6\ 40 CFR 86.007-11.
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Comment: One anonymous commenter stated that an ongoing assessment
of whether Bexar County is meeting the National Ambient Air Quality
Standards (NAAQS) should be completed after the program's
implementation, and that the NAAQS should continue to be re-evaluated
every five years.
Response: Bexar County has three regulatory monitors \7\ in place
that provide a design value to compare with the NAAQS for commonly
occurring pollutants known as criteria pollutants. These criteria
pollutants are ozone, particulate matter (PM), sulfur dioxide
[[Page 15121]]
(SO<INF>2</INF>), nitrogen dioxide (NO<INF>2</INF>), carbon monoxide
(CO), and lead (Pb). These monitors operate daily and data from these
monitors are posted on the TCEQ's website for access by the public.\8\
The EPA posts the annual design values (for comparison to the NAAQS)
for Texas and all other areas of the United States with regulatory
monitors for access by the public.\9\ The San Antonio ozone
nonattainment area is classified as Serious and accordingly, must
attain the 2015 ozone NAAQS no later than September 24, 2027.\10\ The
CAA requires that, within six months following the applicable
attainment date (including any extension thereof) for an ozone
nonattainment area, the EPA shall determine, based on the area's design
value (as of the attainment date), whether the area attained the
standard by that date.\11\
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\7\ See TCEQ, Texas Air Quality Modeling--Monitoring Sites,
<a href="https://www.tceq.texas.gov/airquality/airmod/data/tx/site">https://www.tceq.texas.gov/airquality/airmod/data/tx/site</a>.
\8\ For example, see TCEQ, Compliance with Eight-Hour Ozone
Standard, <a href="https://www.tceq.texas.gov/cgi-bin/compliance/monops/8hr_attainment.pl">https://www.tceq.texas.gov/cgi-bin/compliance/monops/8hr_attainment.pl</a>.
\9\ See EPA, Air Quality Design Values, <a href="https://www.epa.gov/air-trends/air-quality-design-values">https://www.epa.gov/air-trends/air-quality-design-values</a>.
\10\ 89 FR 51829 (June 20, 2024).
\11\ See CAA section 181(b)(2).
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Texas submits an annual I/M quality assurance report of its Vehicle
Emissions Inspection and Maintenance programs to EPA for review and
evaluation as to whether their programs are in compliance with all
associated data analysis and reporting requirements for all federally
mandated I/M programs under 40 CFR 51.366. These state reports cover
many aspects of I/M programs, including the number of vehicles tested
and the number and percentage of passed, failed, and/or waived vehicles
by model year. These reports contain data that can be useful in
assessing the effectiveness of an I/M program.
Finally, CAA section 109(d) requires the EPA to review, and revise,
if necessary, each of the NAAQS at five-year intervals. The status of
EPA's review of each of the NAAQS can be viewed at <a href="https://www.epa.gov/naaqs">https://www.epa.gov/naaqs</a>.
Comment: One anonymous commenter inquired whether there are any
financial assistance or waiver programs available to low-income
motorists and those who repeatedly fail an emissions test, to ensure
some motorists are not disproportionately impacted.
Response: Vehicle I/M programs help improve air quality by
identifying cars and trucks with high emissions and that may need
repairs. Owners or operators of vehicles with high emissions are
notified to make any repairs so that emissions are within legal limits.
Vehicle emissions inspections waivers and time extensions may be
available from the Texas Department of Public Safety for eligible
vehicle owners.\12\
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\12\ See Texas Department of Public Safety, Waivers and Time
Extensions, <a href="https://www.dps.texas.gov/section/vehicle-inspection/waivers-and-time-extensions">https://www.dps.texas.gov/section/vehicle-inspection/waivers-and-time-extensions</a>.
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Comment: One anonymous commenter asked if there are currently any
vulnerable populations living in Bexar County. The commenter also
suggested that there should be an ongoing Environmental Justice
assessment in Bexar County after the program's implementation.
Response: EPA acknowledges the commenter's concern over vulnerable
populations residing in Bexar County. However, federal CAA requirements
do not require an evaluation and we direct commenter to general state
census information.
While we acknowledge the commenter's Environmental Justice
concerns, we note that by Executive Order 14148, ``Initial Rescission
of Harmful Executive Orders and Actions'' (90 FR 8237, January 28,
2025), certain past Executive orders were revoked that specifically
pertain to environmental justice policies (E.O. 12898, E.O. 14094).
Federal CAA requirements do not require consideration of those past
policies as part of EPA's processing of this final action. Under the
CAA, the EPA is required to approve a SIP submission that complies with
the provisions of the CAA and applicable Federal regulations therefore
such past policies and E.O.'s are outside the legal scope for
consideration.
III. Final Action
EPA is approving revisions to the Texas SIP, submitted to the EPA
on December 18, 2023. Specifically, we are approving the revisions
addressing 30 TAC Chapter 114, Subchapter A, Sections 114.1 and Section
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 final action is
being taken pursuant to section 110 and part D of the CAA and
terminates the EPA's requirement to promulgate a FIP for a Basic I/M
program in the San Antonio nonattainment area.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference the
revisions to the Texas regulations as described in section III of this
preamble (Final Action). The EPA has made, and will continue to make,
these materials generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.
V. 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 Order 12866 (58
FR 51735, October 4, 1993);
<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
[[Page 15122]]
<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.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the 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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 9, 2025. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: March 12, 2025.
Walter Mason,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 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:
0
a. In paragraph (c), the table titled ``EPA Approved Regulations in the
Texas SIP'' is amended by revising the entries for sections 114.1,
114.2, 114.50, 114.53, and 114.82.
0
b. In paragraph (e), the table titled ``EPA Approved Nonregulatory
Provisions and Quasi-Regulatory Measures in the Texas SIP'' is amended
by adding an entry at the end for ``Basic I/M requirement for the 2015
Ozone NAAQS.''
The revisions and addition read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
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State approval/
State citation Title/subject submittal date EPA approval date Explanation
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Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
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Subchapter A--Definitions
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Section 114.1................ Definitions......... 12/18/2023 4/8/2025, [Insert
Federal Register
citation].
Section 114.2................ Inspection and 12/18/2023 4/8/2025, [Insert
Maintenance Federal Register
Definitions. citation].
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Subchapter C--Vehicle Inspection and Maintenance; Low Income Vehicle Repair Assistance, Retrofit, and
Accelerated Vehicle Retirement Program; and Early Action Compact Counties
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Division 1: Vehicle Inspection and Maintenance
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Section 114.50............... Vehicle Emissions 12/18/2023 4/8/2025, [Insert Subsection
Inspection Federal Register 114.50(b)(2) is
Requirements. citation]. NOT part of the
approved SIP.
* * * * * * *
Section 114.53............... Inspection and 12/18/2023 4/8/2025, [Insert
Maintenance Fee. Federal Register
citation].
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Division 3: Early Action Compact Counties
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[[Page 15123]]
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Section 114.82............... Control Requirements 12/18/2023 4/8/2025, [Insert
Federal Register
citation].
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(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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Applicable
Name of SIP provision geographic or State submittal/ EPA approval date Comments
nonattainment area effective date
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* * * * * * *
Basic I/M requirement for the Bexar County, TX... 12/18/2023 4/8/2025, [Insert For the Moderate
2015 Ozone NAAQS. Federal Register classification.
citation].
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[FR Doc. 2025-05928 Filed 4-7-25; 8:45 am]
BILLING CODE 6560-50-P
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