Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Proposed Rules 21179 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. 

For additional information, see the 

direct final rule which is located in the 

rules section of this Federal Register. 

Dated: April 1, 2014. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2014–08373 Filed 4–14–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0715, FRL–9909–54– 

Region–10] 

Approval and Promulgation of 

Implementation Plans; Idaho: 

Infrastructure Requirements for the 

1997 and 2006 Fine Particulate Matter 

and 2008 Ozone National Ambient Air 

Quality Standards; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; correction. 

SUMMARY: On March 26, 2014, the EPA 

published a proposed rule finding that 

the Idaho State Implementation Plan 

(SIP) meets the infrastructure 

requirements of the Clean Air Act (CAA) 

for the National Ambient Air Quality 

Standards (NAAQS) promulgated for 

fine particulate matter (PM2.5) on July 

18, 1997 and October 17, 2006, and for 

ozone on March 12, 2008, in addition to 

the interstate transport requirements of 

the CAA related to prevention of 

significant deterioration and visibility 

for the 2006 PM2.5 and 2008 ozone 

NAAQS. In that publication, we 

supplied an incorrect docket number for 

commenters to use when they send us 

comments. The correct docket number 

is EPA–R10–OAR–2011–0715. If 

commenters have already submitted 

comments, they need not resubmit 

them, because they will be routed to the 

correct docket. 

DATES: Comments must be received on 

or before April 25, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2011–0715, by any of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: R10-Public_Comments@

epa.gov. 

• Mail: Kristin Hall, EPA Region 10, 

Office of Air, Waste and Toxics (AWT– 

107), 1200 Sixth Avenue, Suite 900, 

Seattle WA, 98101. 

• Hand Delivery/Courier: 

List of Subjects 

EPA Region 10 Mailroom, 9th floor, 

1200 Sixth Avenue, Suite 900, Seattle 

WA, 98101. Attention: Kristin Hall, 

Office of Air, Waste and Toxics, AWT— 

107. Such deliveries are only accepted 

during normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2011– 

0715. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

the disclosure of which is restricted by 

statute. Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Air, Waste and Toxics, EPA 

Region 10, 1200 Sixth Avenue, Seattle 

WA, 98101. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Hall at (206) 553–6357, 

hall.kristin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Correction 

On March 26, 2014 (79 FR 16711), we, 

the EPA, published a proposed rule 

finding that the Idaho SIP meets the 

infrastructure requirements of the CAA 

for the 1997 PM2.5, 2006 PM2.5, and 2008 

ozone NAAQS, in addition to the 

interstate transport requirements of the 

CAA related to prevention of significant 

deterioration and visibility for the 2006 

PM2.5 and 2008 ozone NAAQS. In that 

publication, we supplied an incorrect 

docket number for commenters to use 

when they submit comments. We are 

publishing this notice to clarify that the 

correct docket number is EPA–R10– 

OAR–2011–0715. However, if you 

already submitted a comment, you need 

not resubmit it, because it will be routed 

to the correct docket. For details on the 

proposed rule, please see our original 

Federal Register publication at 79 FR 

16711. 

Dated: March 28, 2014. 

Michelle Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2014–08499 Filed 4–14–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0890; FRL–9909–39– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Control of Air Pollution From Motor 

Vehicles, Vehicle Inspection and 

Maintenance and Locally Enforced 

Motor Vehicle Idling Limitations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Texas State 

Implementation Plan (SIP). The 

revisions to the Texas Administrative 

Code (TAC) were submitted in 2002, 

2005, 2006, 2008, 2010, 2011 and 2012. 

These revisions are related to the 

implementation of the state’s motor 

vehicle emissions Inspection and 

Maintenance (I/M) program and the 

Locally Enforced Motor Vehicle Idling 

Limitations. The EPA is proposing to 


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1On November 14, 2001 we approved the Texas 

Motorist Choice (TMC) Vehicle I/M program (66 FR 

57261). We neglected to update table (e) in 40 CFR 

52.2270 titled ‘‘EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory Measures in the 

Texas SIP’’ to reflect this approval. While we note 

that this oversight created a flaw in the codification 

of the Texas SIP, a technical correction to the SIP 

is not needed at this time. Upon our approval of the 

State’s revisions to the renamed I/M Program, the 

TMC Vehicle I/M program will appropriately 

address the correction in 40 CFR 52.2770(e), and 

will remedy the previous flaw. 

2Previous actions taken toward full approval of 

the TMC I/M program include: A proposed 

conditional interim approval proposed on October 

3, 1996 (61 FR 51651); an interim final conditional 

approval published on July 11, 1997 (62 FR 37138); 

and a direct final action on April 23, 1999 (64 FR 

19910) to remove the conditions. 

approve these revisions pursuant to the 

Clean Air Act (CAA). 

DATES: Comments must be received on 

or before May 15, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2010–0890, by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions. 

• Email: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by email to the person 

listed in the FOR FURTHER INFORMATION

CONTACTsection below. 

• Mail or Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2010– 

0890. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index 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). To inspect the hard 

copy materials, please schedule an 

appointment with the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Walser (6PD–L), Air Planning 

Section, telephone (214) 665–7128, fax 

(214) 665–6762, email: walser.john@

epa.gov. 

The State submittal is also available 

for public inspection during official 

business hours, by appointment at the 

Texas Commission on Environmental 

Quality (TCEQ), Office of Air Quality, 

12124 Park 35 Circle, Austin, Texas 

78753. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means EPA. 

Table of Contents 

I. Background 

A. What is a SIP? 

B. What is vehicle inspection and 

maintenance? 

C. What are the Texas Motor Vehicle Idling 

Limitations? 

II. Overview of the State Submittals 

A. The August 16, 2002 Submittal 

B. The December 30, 2002 Submittal and 

January 20, 2006 Update 

C. The November 14, 2005 Submittal 

D. The May 15, 2006 Submittal 

E. The February 28, 2008 Submittal 

F. The December 22, 2010 Submittal 

G. The August 30, 2011 Submittal 

H. The August 31, 2012 Submittal 

III. EPA’s Evaluation of the Submittals 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. Background 

A. What is a SIP? 

Section 110 of the CAA requires states 

to develop air pollution regulations and 

control strategies to ensure that air 

quality meets the National Ambient Air 

Quality Standards (NAAQS) established 

by EPA. The NAAQS are established 

under section 109 of the CAA and 

currently address six criteria pollutants: 

Carbon monoxide, nitrogen dioxide, 

ozone, lead, particulate matter, and 

sulfur dioxide. A SIP is a set of air 

pollution regulations, control strategies, 

other means or techniques, and 

technical analyses developed by the 

state, to ensure that air quality in the 

state meets the NAAQS. It is required by 

section 110 and other provisions of the 

CAA. A SIP protects air quality 

primarily by addressing air pollution at 

its point of origin. SIPs can be extensive, 

containing state regulations or other 

enforceable documents, and supporting 

information such as emissions 

inventories, monitoring networks, and 

modeling demonstrations. Each state 

must submit regulations and control 

strategies to EPA for approval and 

incorporation into the federallyenforceable SIP. 

The Texas SIP includes a variety of 

control strategies, including the 

regulations that control air pollution 

from motor vehicles such as the 

Inspection and Maintenance (I/M) 

program and Locally Enforced Motor 

Vehicle Idling Limitations. 

B. What is vehicle inspection and 

maintenance? 

The Clean Air Act required ozone 

nonattainment areas classified moderate 

and higher to have vehicle inspection 

and maintenance programs to ensure 

that emission controls on vehicles are 

properly maintained. The Texas vehicle 

I/M program, which is referred to as the 

Texas Motorist Choice (TMC) Program, 

was approved by EPA in the Federal 

Register on November 14, 2001 (66 FR 

57261).1 2

The State’s TMC program requires 

that gasoline powered light-duty 

vehicles, and light and heavy-duty 

trucks between two and twenty-four 

years old, that are registered or required 

to be registered in the I/M program area, 

including fleets, are subject to annual 

inspection and testing. Vehicles in 

Dallas, Tarrant, Collin, Denton, Ellis, 

Johnson, Kaufman, Parker, and 

Rockwall counties in the DFW area, and 

Harris, Galveston, Brazoria, Fort Bend, 

and Montgomery in the HGB 

nonattainment area that are 1995 and 

older are subject to an ASM–2 tailpipe 

test. Vehicles in those counties that are 

1996 and newer receive the On-Board 

Diagnostic (OBD) test in place of the 

tailpipe test. 

Currently, all I/M program vehicles in 

El Paso County are subject to the twoVerDate Mar<15>2010 14:49 Apr 14, 2014 Jkt 232001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1

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3For a current list of areas implementing idling 

restrictions in the NCTA, visit http://

www.nctcog.org/trans/air/programs/idling/

index.asp. For a current list of areas implementing 

idling restrictions in the CTA, visit http://

www.tceq.state.tx.us/implementation/air/sip/

vehicleidling.html. 

speed idle tailpipe test if they are model 

year 1995 or older, or an OBD test if 

they are model year 1996 or newer. 

Vehicles in all program areas are also 

currently subject to a gas cap pressure 

check and an anti-tampering inspection 

as part of the statewide annual safety 

inspection. 

C. What are the Texas Motor Vehicle 

Idling Limitations? 

Texas idling rules implement idling 

limits for gasoline and diesel-powered 

engines in heavy-duty motor vehicles 

within the jurisdiction of any local 

government in the State that has signed 

a Memorandum of Agreement (MOA) 

with TCEQ. The Texas Motor Vehicle 

Idling Limits were approved by EPA 

into the SIP on April 11, 2005 (70 FR 

18308), and revisions to the rule were 

approved by EPA on April 9, 2010 (75 

FR 18061). The local government that 

signs the MOA is delegated the 

authority to enforce the rule within its 

jurisdiction. Participation in the vehicle 

idling program is voluntary and thus far, 

numerous cities and counties in the 

Central Texas Area (CTA) and North 

Central Texas Area (NCTA) have 

entered into this agreement.3 The 

vehicle idling program provides local 

governments the option of 

implementing the rules when additional 

control measures are needed to achieve 

or maintain attainment of the ozone 

NAAQS. 

II. Overview of the State Submittals 

A. The August 16, 2002 Submittal 

On August 16, 2002, the TCEQ 

submitted SIP revisions to EPA that 

amended rules related to the 

implementation of the state’s motor 

vehicle emissions I/M program. These 

revisions modified the testing network 

design, emission test fees, incentives to 

inspection stations for early 

participation in the I/M program, 

equipment specifications and 

requirements related to vehicle waivers 

and test on resale. Additionally, the 

TCEQ repealed the provisions for 

waivers and extensions for inspection 

requirements because the rules are 

duplicative of Department of Public 

Safety (DPS) waiver rules in 37 TAC 

§ 23.93. As discussed further in Section 

III of this proposal, Texas subsequently 

submitted the DPS waiver rules for SIP 

approval. 

B. The December 30, 2002 Submittal 

and January 20, 2006 Update 

On December 30, 2002, the State 

submitted SIP revisions that further 

amend the vehicle I/M program and the 

Accelerated Vehicle Retirement 

Program. These revisions include the 

continuation of two-speed idle (TSI) 

testing in the El Paso program area; the 

removal of requirements for OBD 

testing; the addition of a contingency 

measure that the El Paso program area 

will implement OBD testing should the 

Commission publish notice in the Texas 

Register of a determination that 

contingency measures are necessary in 

order to maintain attainment of the 

NAAQS; and the deletion of the 

requirement that all emissions 

inspection stations offer both TSI and 

OBD tests until the contingency 

measure is triggered. The State 

submitted to EPA supplemental 

technical clarification information in a 

letter dated January 20, 2006 and 

officially withdrew from EPA’s 

consideration the revisions in the 

December 30, 2002 submittal that 

moved OBD testing to a contingency 

measure (please see Docket I.D. EPA– 

R06–OAR–2011–0890). Prior to the 

December 30, 2002 rule revisions and I/ 

M SIP revision, TSI was to continue and 

OBD testing was scheduled to 

commence in El Paso in 2003. The 2005 

SIP revisions (see November 14, 2005 

submittal below) require TSI testing to 

continue and OBD testing to commence 

in El Paso in January 2007. Therefore, 

the State indicated in the January 2006 

letter that the 2002 revisions that 

establish OBD as a contingency measure 

were no longer necessary. Based on the 

State’s January 20, 2006 letter, the only 

remaining provisions that the State did 

not withdraw were changes to 114.50(a) 

and (b) concerning vehicle emission 

inspection requirements. 

C. The November 14, 2005 Submittal 

On November 14, 2005, the State 

submitted SIP revisions to the existing 

vehicle I/M program. These revisions 

amended the I/M program for all 

gasoline-powered motor vehicles two 

through twenty four years old that are 

registered and primarily operated in El 

Paso County. The amendments require 

implementation of OBD testing on all 

OBD-equipped 1996 and newer model 

year vehicles, and continue TSI testing 

of pre-1996 model year vehicles. The 

amendments require all emissions test 

stations in the El Paso program area to 

offer both TSI testing and OBD testing 

to the public beginning January 1, 2007. 

Additionally, the amendments update 

the vehicle emissions testing equipment 

specifications used in all Texas I/M 

program areas to include a United States 

Environmental Protection Agency OBD 

communication component, known as a 

controller area network (CAN). 

D. The May 15, 2006 Submittal 

On April 26, 2006, the State adopted 

and on May 15, 2006, submitted to EPA 

for approval into the SIP revisions to 30 

TAC Chapter 114, Control of Air 

Pollution from Motor Vehicles; 

Subchapter J, Operational Controls for 

Motor Vehicles; Division 2, Locally 

Enforced Motor Vehicle Idling 

Limitations. On April 9, 2010, EPA 

approved these revisions to the motor 

vehicle idling limits into the SIP, with 

the exception of one revision to section 

114.512 and one revision to section 

115.517 (75 FR 18061). The revision to 

section 114.512 added a provision that 

expired on September 1, 2007, 

prohibiting drivers using a vehicle’s 

sleeper berth from idling in a school 

zone or within 1,000 feet of public 

school during its hours of operation. 

The revision to section 114.517 added 

an exemption from the motor vehicle 

idling limits for a motor vehicle when 

idling is necessary to power heating and 

air conditioning during a governmentmandated rest period. EPA is now 

taking action on these remaining 

revisions from the May 15, 2006 

submittal. 

E. The February 28, 2008 Submittal 

On January 30, 2008, the State 

adopted and on May 15, 2006, 

submitted further revisions to the 

Locally Enforced Motor Vehicle Idling 

Limitations. On April 9, 2010, EPA 

approved these revisions to the motor 

vehicle idling limits into the SIP, with 

the exception of one further revision to 

section 114.512 and section 114.517. 

The revision to section 114.512 

expanded the prohibition on drivers 

using a vehicle’s sleeper berth to idle in 

a school zone or within 1,000 feet of a 

public school to also apply in a 

residential area or within 1,000 feet of 

a hospital, and also extended the 

prohibition’s expiration date to 

September 1, 2009. The revision to 

section 114.517 narrowed the 

exemption for a motor vehicle when 

idling to power heating or air 

conditioning during a government 

mandated rest period such that the 

exemption applies only when the motor 

vehicle is not within two miles of a 

facility offering external heating and air 

conditioning connections at a time 

when those connections are available, 

and extended the exemption’s 

expiration date to September 1, 2009. 

EPA is now taking action on these 


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21182 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Proposed Rules 

4This language was repealed in the December 30, 

2002 submittal when Texas made OBD testing in 

the El Paso area a contingency measure, as 

discussed in Section III.B of this proposal. 

However, this concept was reinstated at 

114.50(a)(4)(D) in the November 14, 2005 submittal 

when Texas added OBD testing back into the SIP 

for 1996 and newer vehicles in the El Paso area 

starting in 2007, as discussed in Section III.C of this 

proposal. 

remaining revisions from the February 

28, 2008 submittal. 

F. The December 22, 2010 Submittal 

On December 22, 2010, the State 

submitted SIP revisions concerning the 

requirements for low-volume vehicle 

emissions inspection stations and the 

vehicle emissions inspection analyzer 

specifications. The revisions streamline 

the process for implementing minor 

non-programmatic modifications to the 

vehicle emissions inspection analyzer 

specifications and include various nonsubstantive changes to apply 

appropriate and consistent use of 

acronyms, section references, structure, 

formatting and certain terminology. 

G. The August 30, 2011 Submittal 

On August 30, 2011, the State 

submitted SIP revisions concerning the 

requirements for Locally Enforced 

Motor Vehicle Idling Limitations. The 

revisions allow enforcement of heavyduty vehicle idling year round; removes 

the expired prohibition for drivers using 

sleeper berths to idle in residential 

areas, school zones, and near hospitals; 

removes expiration dates that are no 

longer applicable, removes the 

duplicative exemption for a motor 

vehicle that has a gross vehicle weight 

rating of 14,000 pounds or less and 

replaces it with a new exemption for 

armored vehicles; and retains the 

exemption for a motor vehicle when 

idling for heating or air conditioning 

while a driver is using the vehicles 

sleeper berth for a governmentmandated rest period, and is not within 

two miles of a facility offering external 

heating or air conditioning. As noted 

above, this expired date was removed 

from the exemption. 

H. The August 31, 2012 Submittal 

On August 31, 2012, the State 

submitted SIP revisions that further 

amend the requirements for Locally 

Enforced Motor Vehicle Idling 

Limitations. The revisions create a new 

exemption for motor vehicles that have 

a gross vehicle weight rating greater 

than 14,000 pounds and are equipped 

with a 2008 or subsequent model year 

heavy-duty diesel engine or liquefied or 

compressed natural gas engine that has 

been certified by the EPA or another 

state environmental agency to emit no 

more than 30 grams of nitrogen oxides 

emissions per hour when idling. 

III. EPA’s Evaluation of the Submittals 

The revisions proposed to be 

approved address 30 TAC 114, 

Subchapter A (Control of Air Pollution 

from Motor Vehicles), Subchapter C 

(Vehicle Inspection and Maintenance), 

and Subchapter J, (Operational Controls 

for Motor Vehicles). We have prepared 

a Technical Support Document (TSD) 

for this proposal which details our 

evaluation. Our TSD may be accessed 

on-line at http:www.regulations.gov, 

Docket No. EPA–R06–OAR–2010–0890. 

Our primary consideration for 

determining the approvability of the 

TCEQ’s submittals is whether these 

proposed actions comply with section 

110(l) of the Act. Section 110(l) of the 

Act provides that a SIP revision must be 

adopted by a State after reasonable 

notice and public hearing. Additionally, 

CAA § 110(l) states that the EPA cannot 

approve a SIP revision if that revision 

would interfere with any applicable 

requirement regarding attainment, 

reasonable further progress (RFP) or any 

requirement established in the CAA. In 

the case of the I/M revisions, we must 

also consider whether these revisions 

comply with our inspection and 

maintenance requirements at 40 CFR 

part 51, Subpart S and 40 CFR 85.2222 

(Federal I/M Rules). Our evaluation of 

the submittals found that the SIP 

revisions were adopted by the State after 

reasonable notice and public hearing, 

and that approval of the revisions would 

not interfere with any CAA requirement. 

A. The August 16, 2002 Submittal 

The State adopted revisions to 30 

TAC Chapter 114, Control of Air 

Pollution from Motor Vehicles, 

Subchapter A, Definitions, Section 

114.2; and Subchapter C, Vehicle 

Inspection and Maintenance, Sections 

114.50—114.53. The SIP revisions 

contain a revised narrative, rules, and 

supporting documentation as outlined 

in the requirements of the Federal I/M 

rules. 

Section 114.2 identifies and defines 

the terms used in the I/M program. 

Sections 114.2(3)–(13) are renumbered 

to account for the addition of 114.2(3) 

which adds a definition for low volume 

emissions inspection station. There is 

no federal definition of the term ‘‘low 

volume emissions inspection station.’’ 

We propose to find this term approvable 

because it does not conflict with any 

federal requirement. Section 114.2(5), 

previously 114.2(4), is modified to add 

new text ‘‘all references to OBD should 

be interpreted to mean the second 

generation of this equipment, sometime 

referred to as OBDII.’’ This text ensures 

that the most recent technology is 

available for testing and consistent with 

federal requirements. 

These revisions are ministerial and or 

add clarification and we therefore 

propose that they are approvable. 

Section 114.50 establishes vehicle 

emissions inspection requirements. 

Section 114.50(a)(2)(A), (a)(3)(A), 

(a)(4)(A), (a)(4)(D), (a)(4)(F), and 

(a)(5)(A) are modified to delete the 

qualifier ‘‘If OBD data cannot be 

collected from the vehicle, an EPAapproved tailpipe emissions test will be 

used.’’ These revisions cover the DFW 

area, DFW extended area, and the HGA 

areas. Throughout Section 114.50, that 

statement is deleted because it is rare 

that OBD data cannot be collected from 

vehicles. In those instances, the station 

will check the OBD malfunction 

indicator light (MIL), one of the primary 

pass/fail criteria for OBD inspections. 

This provision is discretionary and its 

removal will not have a significant 

impact on the effectiveness of the 

program because TCEQ estimates that 

less than 1.0% of the testable OBD fleet 

will be unable to process data to the 

OBD analyzer. We propose to find that 

this revision is approvable because it 

will not interfere with attainment and 

reasonable further progress or any other 

applicable requirement. 

Section 114.50(a)(2)(C), 

114.50(a)(3)(C) and 114.50(a)(4)(C) add 

new text indicating that all emissions 

inspection stations in affected program 

areas shall offer both the ASM–2 test 

and the OBD test to the public, except 

low volume emissions inspection 

stations. The phrase ‘‘if OBD data 

cannot be collected from the vehicle, an 

EPA-approved tailpipe emissions test 

will be used’’ was essentially moved 

from 114.50(a)(2)(A), (B), and (C) and 

included in sections 114.50(a)(2)(C), 

3(C) and 4(C) language stating that the 

inspection stations shall offer both the 

ASM–2 test and the OBD test. We 

propose to find that these revisions are 

approvable because the language does 

not conflict with any federal 

requirements. Section 114.50(a)(5)(C) is 

new text stating that ‘‘all vehicle 

emissions inspection stations in the El 

Paso program area shall offer both the 

TSI test and the OBD test to the 

public.’’ 4 This revision ensures that 

inspections stations in El Paso are able 

to comply with the federal requirement 

to conduct OBD testing on model year 

1996 and newer light-duty vehicles (40 

CFR Part 51, Subpart S and 40 CFR 

85.2222). Section 114.50(b)(5) is 

modified to delete the minimum 

expenditure waiver and parts 


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availability time extension and adds 

documentation requirements for waivers 

or time extension. Section 114.50(b)(6) 

is modified to add the phrase ‘‘or in any 

county adjacent to a program area’’ to 

the section. The proposed revision 

extends the current remote sensing 

program to include vehicles commuting 

into the area from neighboring counties. 

We propose to find that this revision is 

also approvable because it increases 

required participation in the program 

beyond the federal requirements. 

Section 114.50(b)(7) is a new section 

adding new requirements for vehicles 

resold into a program area from areas 

not in an I/M program area. The revision 

adds a test-on-resale component to the 

I/M program and requires proof that the 

vehicle has passed an emissions 

inspection within 90 days before 

transfer in order to be eligible for title 

receipt or registration. The provision 

provides an exception for all 1996 and 

newer vehicles with less than 50,000 

miles. This revision captures the 

requirement to test those vehicles that 

are registered in a county without the I/ 

M program that may be resold into a 

program area. We propose to approve 

this revision because we believe it 

should result in additional emission 

reductions by ensuring vehicles sold 

within the nonattainment areas have 

passed an emissions test. Other 

revisions to Section 114.50 are 

ministerial in nature and include 

renumbering. 

Section 114.51 identifies the 

equipment evaluation procedures for 

vehicle exhaust gas analyzers. Section 

114.51(a) is modified to update the 

vehicle analyzer specification date from 

November 1, 2000 to June 15, 2001. 

Section 114.52, Waivers and 

Extensions for Inspection Requirement 

is repealed because the requirements are 

duplicative in DPS rules, 37 TAC 23.93, 

relating to vehicle emission inspection 

and maintenance requirements. The 

state submitted those rules in the 

November 14, 2005, submittal discussed 

further in Section III.C of this proposal. 

The state also proposed a new Section 

114.52, Early Participation Incentive 

Program (EPIP). More detail on each of 

these revisions is in the Technical 

Support Document (TSD), which is 

provided in the docket for this 

rulemaking. Based on the subsequent 

submittal of the equivalent rules at 37 

TAC 23.93, we propose to find that the 

repeal of Section 114.52 is approvable. 

New Section 114.52 established the 

Early Participation Incentive Program, 

its purpose, eligibility, program 

acceptance, enrollment and other 

program requirements to ensure an 

adequate number of emissions 

inspection stations were open to the 

public during the early implementation 

of the program. The incentive program 

would be available to the first 1,000 

eligible emissions inspection stations in 

Dallas, Tarrant, Denton, Collin, and 

Harris Counties or adjacent counties. 

The program would provide emissions 

inspection station owners or operators 

with a financial assurance if ASM–2 

testing were to be terminated within 

three years of the program start date on 

May 1, 2002. These changes enhanced 

the program, provided financial 

assurance and increased the availability 

of inspection stations to the public. 

Because the I/M program was fully 

implemented, this section was repealed 

by TCEQ in a future adoption 

(November 18, 2010). Please see the 

discussion of the December 22, 2010 

submittal in Section III of this proposal 

and in Section C6 of the TSD for more 

detail. 

Section 114.53 establishes inspection 

and maintenance fees. Section 

114.53(a)(2) is modified to change the 

amount of fees collected by the 

inspection stations in El Paso County 

and specifies the amount remitted to 

Department of Public Safety (DPS), 

depending on the county adoption of a 

resolution regarding Low Income Repair 

Assistance Program (LIRAP) 

participation. Section 114.53(a)(3) is 

modified to update the amount of fees 

collected by the inspection stations in 

the Dallas/Ft Worth (DFW) Program 

area. Section 114.53(a)(4) is modified to 

update the amount of fees collected by 

the inspection stations in the Houston/ 

Galveston/Brazoria (HGB) program area. 

This submittal was adopted consistent 

with the public notice SIP requirements 

of CAA § 110(l). We propose to find that 

these revisions are approvable because 

they add specificity to the program. 

Further, these revisions do not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress, or any other applicable 

requirement, are consistent with EPA’s 

rules for I/M programs at 40 CFR part 

51, Subpart S and 40 CFR 85.2222, and 

do not result in emissions increases. 

B. The December 30, 2002 Submittal 

and January 20, 2006 Update 

On December 4, 2002, the State 

adopted revisions to 30 TAC Chapter 

114, Control of Air Pollution from Motor 

Vehicles, Subchapter C, Vehicle 

Inspection and Maintenance and Low 

Income Vehicle Repair Assistance, 

Retrofit, and Accelerated Vehicle 

Retirement Program, Division 1, Vehicle 

I/M program and Section 114.50. The 

amendments include the continuation 

of TSI testing in the El Paso area, and 

instead of requiring OBD testing of 1996 

and newer cars to commence, made 

OBD testing in the El Paso area a 

contingency measure to be implemented 

if the area violated the ozone standard. 

The State later submitted to EPA 

supplemental technical clarification 

information in a letter dated January 20, 

2006 and withdrew from EPA 

consideration the revisions in the 

December 30, 2002 submittal that 

moved OBD testing to a contingency 

measure (please see Docket I.D. EPA– 

R06–OAR–2010–0890). The 2005 SIP 

revisions (see section below) require TSI 

testing to continue on older cars and 

OBD testing to commence in El Paso in 

January 2007 for 1996 and newer cars. 

Therefore, the State indicated that the 

2002 revisions are no longer necessary. 

EPA’s evaluation of the December 30, 

2002 submittal is limited to the 

provisions in that submittal that the 

State did not withdraw, which are 

114.50(a) and (b) concerning vehicle 

emissions inspection requirements. 

Section 114.50(a) is revised to clarify 

that program areas are defined in 

section § 114.2. Other changes to 

Section 114.50 are ministerial and or 

offer clarifying language. 

The SIP revision contains a revised 

narrative, rules, and supporting 

documentation as outlined in the 

requirements of the Federal I/M Rules. 

This submittal was adopted consistent 

with the public notice SIP requirements 

of CAA § 110(l). We propose to find that 

these revisions are approvable because 

they either clarify the requirement or are 

non-substantive in nature. The revisions 

in this submittal do not interfere with 

any applicable requirement concerning 

attainment and reasonable further 

progress, or any other applicable 

requirement and are consistent with 

EPA’s rules for I/M programs at 40 CFR 

part 51, Subpart S and 40 CFR 85.2222. 

Additional details are available in the 

TSD for the rulemaking. 

C. The November 14, 2005 Submittal 

The State adopted revisions to 30 

TAC Chapter 114, Sections 114.2, 

114.50, 114.51 and 114.53. The 

amendments revise the existing I/M 

program for all covered gasolinepowered motor vehicles in El Paso 

County. The revisions require 

implementation of OBD testing of all 

OBD-equipped 1996 and newer model 

year vehicles, and continue TSI testing 

of pre-1996 model year vehicles. Also, 

the revisions require all emissions test 

stations in the El Paso program area to 

offer both TSI testing and OBD testing 

to the public beginning January 1, 2007. 

Additionally, the revisions update the 

vehicle emissions testing specification 


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5Texas revised its regulations to include EPA’s 

Federal facilities reporting requirements found in 

40 CFR 51.356(a)(4). This particular Federal 

regulation requires an approvable State I/M 

program to have Federal facilities operating 

vehicles in the I/M program areas(s) report 

certification of compliance to the State. This 

requirement appears to be different than those for 

other non-Federal groups of affected vehicles. EPA 

did not require the State to implement or adopt this 

reporting requirement dealing with Federal 

installation within I/M areas at the time of program 

approval. The Department of Justice recommended 

to EPA that this particular Federal regulation be 

revised because it appears to grant States authority 

to regulate Federal installations in circumstances 

where the Federal government has not waived 

sovereign immunity. It would not be appropriate to 

require compliance with this regulation or to 

require it for an approvable I/M program, if it is not 

constitutionally authorized. EPA intends to address 

this provision in the future and will review State 

I/M SIPs with respect to this issue whenever EPA 

finalizes a new rule. At this time, EPA will not 

approve or disapprove the specific requirements of 

30 TAC 114.50(b)(2), which apply to Federal 

facilities, as part of the Texas I/M SIP. 

used in all Texas I/M program areas to 

include an EPA OBD communication 

component, known as controller area 

network (CAN) and other changes to 

improve the enforceability of the 

program. A detailed discussion of the 

changes is contained in the TSD. 

It is worth pointing out that in section 

114.50(b)(2) there are several nonsubstantive editorial changes. However, 

section 114.50(b)(2) should not be part 

of the approved SIP because it deals 

with federal facilities, so we are not 

acting on this revision at this time.5

In addition to the changes to the I/M 

rules, corresponding changes to the SIP 

narrative are included in the SIP 

submittal. This includes Attachment A, 

‘‘Technical Supplement, Inspection/

Maintenance (I/M) Performance 

Standards for Low-Enhanced Program 

Areas (EPA Flexibility Amendments), 

October 26, 2005, Rule Project No. 

2005–026–114–EN, Technical 

Supplement.’’ The submittal also 

includes revisions to Appendix K 

‘‘Specification for Vehicle Gas Analyzer 

Systems for Use in the Texas Vehicle 

Emissions Testing Program’’; Appendix 

G ‘‘Specifications for On-Board 

Diagnostics II (OBD–II) Analyzer for Use 

in the Texas Vehicle Emissions Testing 

Program’’; and Appendix I ‘‘Rules and 

Regulations for Official Vehicle 

Inspection Stations and Certified 

Inspectors, Texas Department of Public 

Safety, dated January 1, 2003.’’ 

Appendix I includes the DPS rules for 

waiver and extensions for inspection 

requirements that were repealed from 

Section 114.52 in Texas’s August 16, 

2002 submittal, as previously discussed 

in Section III.A of this proposal. The 

State repealed those requirements 

because they are duplicative of those 

contained in DPS rules 37 TAC § 23.93. 

In a comment letter dated September 19, 

2001, EPA requested that Texas submit 

the waiver rules in 37 TAC § 23.93 to 

replace the repealed 114.52 in the SIP. 

In a clarification letter from TCEQ on 

January 22, 2014, TCEQ explained that 

the DPS rules contained in Appendix I 

of the November 14 2005, submittal 

fully replace the waiver requirements 

that TCEQ repealed from 114.52 in the 

August 16, 2002 submittal (please see 

Docket I.D. EPA–R06–OAR–2011–0890). 

Texas’s submittal of the DPS rules in 

Appendix I on the November 14, 2005, 

meets the requirement for a SIP 

submittal. These appendices are 

included in this rulemaking for 

proposed approval. 

The SIP revision contains a revised 

narrative, rules, and supporting 

documentation as outlined in the 

requirements of the Federal I/M Rules. 

This submittal primarily replaces the 

two speed idle test with the OBD testing 

for 1996 and newer vehicles in the El 

Paso area starting in 2007. OBD testing 

is more effective for newer vehicles. 

This submittal was adopted consistent 

with the public notice SIP requirements 

of CAA § 110(l). We propose to find that 

these revisions are approvable because 

they either make the program more 

effective or are non-substantive in 

nature. Further, these revisions do not 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress, or any other 

applicable requirement and are 

consistent with EPA’s rules for I/M 

programs at 40 CFR part 51, Subpart S 

and 40 CFR 85.2222. 

D. The December 22, 2010 Submittal 

This submission includes a revision 

to the I/M program to improve 

implementation. The revisions to the 

I/M program, as detailed below do not 

change the effectiveness of the program 

but ease implementation. At the same 

time the State adopted changes to the 

Low Income Repair Assistance Program. 

The changes to the LIRAP program were 

not included as part of the SIP revision, 

however, and thus are not being 

addressed in this action. 

The revision to Section 114.2(4) 

changes the definition of low-volume 

emission inspection station to add the 

condition that the station ‘‘meets all 

criteria for obtaining a low-volume 

waiver from the Texas Department of 

Public Safety’’ and deletes the text 

‘‘performs on-board diagnostics (OBD) 

testing only and does not exceed 1,200 

OBD tests per calendar year.’’ This limit 

on tests per calendar year is contained 

in the Texas Department of Public 

Safety Manual entitled ‘‘Vehicle 

Emissions Inspection & Maintenance 

Rules & Regulations Manual for Official 

Vehicle Inspection Stations and 

Certified Inspectors.’’ 

The revisions to Section 114.51(a) 

removes the specific date of the version 

of the ‘‘Specifications for Vehicle 

Exhaust Gas Analyzer Systems for Use 

in the Texas Vehicle Emissions Testing 

Program’’ and replaces it with ‘‘most 

recent version of the.’’ Sections 

114.51(a) and (b) contain additional 

non-substantive revisions. 

This submission includes the repeal 

of the Early Participation Incentive 

Program. The program was meant to 

encourage owners and operators of 

emission inspection stations to 

participate early in the purchase of 

ASM–2 equipment to ensure an 

adequate number and distribution of 

stations would be available by the 

program start date. The EPIP expired in 

all I/M program areas on May 1, 2008. 

This incentive program is no longer 

needed and is not required by the EPA’s 

I/M rules, and therefore, we propose to 

find that the repeal of the program is 

approvable. 

The SIP revision contains a revised 

narrative, rules, and supporting 

documentation as outlined in the 

requirements of the Federal I/M Rules. 

This submittal was adopted consistent 

with the public notice SIP requirements 

of CAA § 110(l), and the revisions in 

this submittal do not interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress, or any other applicable 

requirement. We propose to find that 

these revisions are approvable because 

they either clarify the requirement or are 

non-substantive in nature. 

E. The August 30, 2011 Submittal 

(Including the May 15, 2006 and 

February 28, 2008 Submittals) 

On July 20, 2011, the State adopted 

and on August 30, 2011, submitted 

revisions to 30 TAC Chapter 114, 

Control of Air Pollution from Motor 

Vehicles; Subchapter J, Operational 

Controls for Motor Vehicles; Division 2, 

Locally Enforced Motor Vehicle Idling 

Limitations. The SIP submittal revises 

sections 114.512 (Control Requirements 

for Motor Vehicle Idling) and 114.517 

(Exemptions). 

The submittal revises section 

114.512(a) by removing the vehicle 

idling program’s enforcement period of 

April 1 through October 31 of each 

calendar year to allow enforcement of 

the program year-round. The daily 

maximum 8-hour ozone average can 

reach moderate levels even outside of 

the ozone season in the areas currently 

participating in the vehicle idling 

program, and moderate ozone levels 


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6The Locally Enforced Motor Vehicle Idling 

Limits are included as an emission reduction 

measure in the Dallas-Fort Worth Attainment 

Demonstration SIP for the 1997 8-hour ozone 

NAAQS and the Austin Early Action Compact 

(EAC) SIP for the 1997 8-hour ozone NAAQS. 

7The CAA section 110(l) demonstration makes 

reference to the NCTCOG’s VMEP accounting for 

the Locally Enforced Idling Restrictions without 

providing documentation of this in the SIP 

submittal. However, this documentation was 

provided to EPA by TCEQ via email on March 25, 

2011, in response to the comment letter provided 

by EPA during the State’s public notice and 

comment period (please see the ‘‘Written and Oral 

Testimony’’ section of the August 30, 2011 SIP 

submittal—the reference number for EPA’s written 

comments is W–123). The documentation consists 

of a report from the NCTCOG dated August 26, 

2010. The report quantifies the emissions 

reductions benefits achieved by the VMEP and 

other local programs in the DFW Attainment SIP as 

of March 2009. The report quantifies the emissions 

reduction benefits achieved by the overall VMEP 

and by each component of the VMEP. A copy of the 

TCEQ’s March 25, 2011 email to EPA and a copy 

of the NCTCOG’s August 26, 2010 report can be 

found in the docket for this proposed rulemaking. 

8The State first adopted the exemption for motor 

vehicles idling during a government mandated rest 

period in 2006, but the exemption eventually 

expired and in 2011 the State adopted revisions that 

eliminated the expiration date associated with the 

exemption. 

may pose health concerns for certain 

sensitive groups. The EPA is proposing 

to approve this revision because yearround enforcement of the vehicle idling 

program is expected to result in 

emission reductions outside of the 

ozone season that will help provide 

additional protection from exposure to 

moderate ozone levels for sensitive 

groups in the local jurisdictions 

participating in the program. Further, 

year round applicability will likely 

improve program effectiveness as 

operators do not get out of the habit of 

idle reduction. The second revision to 

section 114.512 eliminates subsection 

(b), which expired on September 1, 

2009. Subsection (b) prohibited drivers 

using a vehicle’s sleeper berth from 

idling in a residential area, school zone, 

within 1,000 feet of a hospital, or within 

1,000 feet of public school during hours 

of operation. As we explained in the 

April 9, 2010 (75 FR 18061) rulemaking 

in which EPA approved previous 

revisions to the vehicle idling limits 

into the SIP, EPA did not take action on 

the May 15, 2006 revision that added 

subsection (b) under section 114.512 or 

the February 28, 2008 revision that 

subsequently revised subsection (b), 

because at the time the EPA took action 

on the May 15, 2006 and February 28, 

2008 submittals, the expiration date of 

September 1, 2009 associated with 

subsection (b) had already passed such 

that subsection (b) was no longer in 

effect. Therefore, the August 30, 2011 

revision that eliminates subsection (b) 

and that is before us to take action on 

does not constitute a change to the 

currently approved SIP. We are now 

proposing to approve the State Rules 

into the SIP without subsection (b) as 

codified in the August 30, 2011 

submission. This action addresses the 

May 15, 2006 revision that added 

subsection (b) under section 114.512; 

the February 28, 2008 revision that 

subsequently revised subsection (b) by 

expanding the prohibition and 

extending its expiration date; and the 

August 30, 2011 revision that eliminates 

subsection (b). Although the net effect of 

these revisions does not constitute a 

change to the currently approved SIP, 

we are making clear that these previous 

revisions are addressed by this action to 

avoid any potential future confusion 

that may result if we do not take action 

on these revisions at this time. 

Section 114.517 (Exemptions) is also 

revised to eliminate language from 

paragraphs (1) and (2), which contain 

duplicative language. 

The submittal also revises section 

114.517 by adding a new exemption 

under paragraph (2) that applies to the 

primary propulsion engine of a motor 

vehicle being used to provide air 

conditioning or heating necessary for 

employee health or safety in an armored 

vehicle while the employee remains 

inside the vehicle to guard the contents 

or while the vehicle is being loaded or 

unloaded. Additionally, paragraph (12) 

under section 114.517 is revised to 

remove the expiration date of the 

exemption that applies to a motor 

vehicle when idling is necessary to 

power a heater or air conditioner while 

a driver is using the vehicle’s sleeper 

berth for a government-mandated rest 

period and is not within two miles of a 

facility offering external heating and air 

conditioning connections at a time 

when those connections are available. 

This revision allows for the currently 

expired exemption under paragraph (12) 

to be retained. We note the exemption 

under paragraph (12) has not been 

approved into the Texas SIP because 

when EPA took action on the May 15, 

2006 and February 28, 2008 SIP 

submittals that added and subsequently 

revised this exemption on April 9, 2010 

(75 FR 18061), the exemption was no 

longer effective because the September 

1, 2009 expiration date of the exemption 

had passed. We are now taking action 

on the May 15, 2006 and February 28, 

2008 revisions that added and 

subsequently revised the exemption 

under current paragraph (12), and we 

are also taking action on the August 30, 

2011 revision that further revises the 

exemption. 

The August 30, 2011 submittal 

contains a technical analysis under CAA 

section 110(l) to demonstrate that 

approving into the SIP the new 

exemption for armored vehicles and the 

exemption for drivers using the 

vehicle’s sleeper berth for a governmentmandated rest period will not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress in the Dallas/Fort 

Worth nonattainment area. The State’s 

110(l) analysis explains that the 

emissions increases that may be 

expected as a result of the new 

exemption for armored vehicles will not 

interfere with attainment or reasonable 

further progress in the SIP 6 because the 

revision to section 114.512 to allow 

year-round enforcement is expected to 

provide additional emissions reductions 

in the months that are currently not 

subject to enforcement and to offset the 

emissions increases due to the new 

exemption for armored vehicles. 

Additionally, the 110(l) analysis 

explains that the Locally Enforced 

Motor Vehicle Idling Limitations are 

part of the Voluntary Mobile Source 

Emission Reduction Program (VMEP) 

commitments in the Dallas-Fort Worth 

Attainment Demonstration SIP (DFW 

Attainment SIP) revision for the 1997 8- 

hour ozone NAAQS, and that based on 

the North Central Texas Council of 

Governments (NCTCOG) estimates, the 

DFW area exceeded the NOx and VOC 

emission reductions required as part of 

the VMEP commitments.7

The Texas SIP also includes the 

locally enforced idling limits in the 

Austin area as part of the Early Action 

Compact SIP. The Austin area is 

currently meeting the 1997 and 2008 

ozone standards even considering the 

exemption for armored vehicles has 

been in place at the State level since 

2011 and the exemption for motor 

vehicles idling during a government 

mandated rest period has been in place 

since 2006.8 Therefore, EPA believes it 

is reasonable to conclude that this 

additional exemption does not interfere 

with maintenance of the standard in the 

Austin Area. More detail is in the TSD, 

which is provided in the docket for this 

rulemaking. Thus, the 110(l) analysis 

demonstrates that any potential 

emissions increases resulting from the 

exemption for armored vehicles and the 

exemption for drivers using the 

vehicle’s sleeper berth for a governmentmandated rest period will be offset by 

the excess emissions reductions 

achieved by the overall VMEP. 

Therefore, we are proposing to 

approve into the SIP the new exemption 

under paragraph (2) for armored 

vehicles. We are also proposing to 

approve into the SIP the following: (1) 


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9For a list of EPA SmartWay verified idle 

reduction technologies, please visit http://epa.gov/ 

smartway/forpartners/technology.htm#tabs-4. 

10Please see our TSD for a more detailed 

discussion of these estimates. 

The revision from the May 15, 2006 

submittal that amended section 114.517 

by adding the exemption for a motor 

vehicle when idling is necessary to 

power a heater or air conditioner while 

a driver is using the vehicle’s sleeper 

berth for a government-mandated rest 

period; (2) the February 28, 2008 SIP 

revision that narrowed the exemption 

by adding language such that the 

exemption applies only when the motor 

vehicle is not within two miles of a 

facility offering external heating and air 

conditioning connections at a time 

when those connections are available; 

and (3) the August 30, 2011 revision 

that removes the September 1, 2009 

expiration date of the exemption, 

effectively retaining the exemption. 

This submittal was adopted consistent 

with the public notice SIP requirements 

of CAA § 110(l). We are proposing to 

approve these revisions to section 

114.517 because the State has 

demonstrated that the approval of these 

exemptions into the SIP will not 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress. Any excess 

emissions reductions achieved in the 

DFW area that are used as substitute 

emissions reductions to offset any 

potential increase in emissions resulting 

from these new exemptions cannot be 

used as substitute emissions reductions 

to offset a shortfall in any other control 

measure in the SIP, or otherwise be used 

as a SIP credit for any other emissions 

reduction control measure. 

F. The August 31, 2012 Submittal 

This submittal adopted on August 8, 

2012, provided further revisions to 30 

TAC Chapter 114, Control of Air 

Pollution from Motor Vehicles; 

Subchapter J, Operational Controls for 

Motor Vehicles; Division 2, Locally 

Enforced Motor Vehicle Idling 

Limitations. The SIP submittal makes 

revisions to section 114.517 

(Exemptions). 

The submittal revises section 114.517 

by adding a new exemption for a motor 

vehicle that has a gross vehicle weight 

rating greater than 14,000 pounds and 

that is equipped with a 2008 or 

subsequent model year heavy-duty 

diesel engine or liquefied or compressed 

natural gas engine that has been 

certified by the EPA or a state 

environmental agency to emit no more 

than 30 grams of NOx per hour when 

idling. The SIP submittal also renumbers the exemptions under section 

114.517 to account for the new 

exemption. 

Information provided in the 

submittal, along with additional 

technical analysis by EPA under CAA 

section 110(l) demonstrates that 

approval into the SIP of the new 

exemption for motor vehicles with a 

gross vehicle weight rating greater than 

14,000 pounds and equipped with 

certain low NOx emitting engines will 

not interfere with any applicable 

requirement concerning attainment and 

reasonable further progress. The State’s 

analysis explains that engines certified 

to emit no more than 30 grams of NOx

per hour when idling are significantly 

cleaner than the uncontrolled vehicles 

currently in use that emit between 135 

and 170 grams of NOx per hour when 

idling. These ‘‘clean idle engines’’ emit 

lower NOx emissions both while idling 

and while in transit. Model year 2008 

and newer vehicles with clean idle 

engines actually emit less than idle 

reduction technologies that are allowed 

under the rule as auxiliary power units 

(APU). Thus, the new exemption will 

provide drivers with a new option that 

would enable them to comply with the 

motor vehicle idling limits, and provide 

an incentive for replacing older, higheremitting vehicles with the newer clean 

idle engines. Without this exemption, 

drivers of vehicles with clean idle 

engines may use an idle reduction 

technology, such as an APU, to comply 

with the motor vehicle idling limits 

when they find it necessary to idle for 

longer than 5 minutes.9 An APU is a 

commonly used idle reduction 

technology used in heavy duty trucks to 

supply cooling, heating, and electrical 

power for other applications while the 

main truck engine is turned off, thereby 

enabling drivers to comply with the 

motor vehicle idling limits. The type of 

clean idle engine the new exemption 

applies to would emit no more than 30 

NOx grams per hour (g/hr) when idling, 

while an APU in the larger size range 

(23 horsepower) can be expected to emit 

approximately 53 NOx g/hr and one in 

the smaller size range (14 horsepower) 

can be expected to emit approximately 

32 NOx g/hr.10 Without the new 

exemption, drivers of vehicles with 

clean idle engines could potentially 

choose to use an APU to comply with 

the motor vehicle idling limits by 

shutting down the clean idle engine and 

operating only the APU, potentially 

resulting in higher NOx emissions than 

if the vehicle with the clean idle engine 

is idled instead. Therefore, we believe 

the new exemption will provide drivers 

with a new option enabling them to 

comply with the motor vehicle idling 

limits, and will not result in 

backsliding. We are proposing to 

approve the new exemption for motor 

vehicles with a gross vehicle weight 

rating greater than 14,000 pounds and 

equipped with a 2008 or subsequent 

model year heavy-duty diesel engine or 

liquefied or compressed natural gas 

engine that has been certified by the 

EPA or a state environmental agency to 

emit no more than 30 grams of NOx per 

hour when idling. 

This submittal was adopted consistent 

with the public notice SIP requirements 

of CAA § 110(l). The EPA proposes to 

approve the above revisions to the 

Locally Enforced Motor Vehicle Idling 

Limitations into the SIP because they do 

not interfere with any applicable 

requirement concerning attainment and 

reasonable further progress, or any other 

applicable requirement and because 

they allow for clarity and consistency of 

the exemptions and control 

requirements for motor vehicle idling. 

IV. Proposed Action 

The EPA is proposing to approve, 

revisions to regulations, and updates to 

the I/M portion of the mobile source 

strategies that control emissions from 

motor vehicles in Texas. We are 

proposing to approve revisions to the 

following sections within Chapter 114 

of Title 30 of the Texas Administrative 

Code (TAC): 114.1, 114.2, 114.4, 114.50, 

114.51, 114.52, 114.53, 114.211, 

114.212, 114.213, 114.214, 114.215, 

114.216, 114.217, 114.219, 114.512, and 

114.517. We are also proposing to 

approve revisions to 37 TAC 23.93. We 

are proposing to approve the following 

SIP revisions, including narratives, that 

revise the I/M and vehicle idling 

programs: August, 16, 2002, December 

30, 2002, November 14, 2005, May 15, 

2006, February 28, 2008, December 22, 

2010, August 30, 2011 and August 31, 

2012. We are proposing to approve these 

SIP revisions except for the revisions to 

114.50(b)(2) as explained in the 

discussion of the November 15, 2005 

submittal. The EPA is proposing to 

approve these revisions in accordance 

with sections 110 and 182 of the Act 

and EPA’s regulations and consistent 

with EPA guidance. 

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 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 CAA. Accordingly, 


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Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Proposed Rules 21187 

this action merely proposes to approve 

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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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, this proposed rule does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxides, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: March 27, 2014. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2014–08342 Filed 4–14–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R07–OAR–2013–0692; FRL 9909–44– 

Region 7] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; Air Emissions From 

Existing Municipal Solid Waste 

Landfills; State of Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the revision to the state section 111 plan 

submitted by the State of Missouri for 

controlling emissions from existing 

municipal solid waste (MSW) landfills. 

The revised State Plan incorporates 

revisions to the Emissions Guidelines 

(EG) for MSW landfills promulgated by 

EPA in 2000 and 2006. The plan also 

corrects typographical and 

administrative changes in the Missouri 

rules. The plan was submitted to fulfill 

the requirements of section 111 of the 

Clean Air Act (CAA). 

DATES: Comments on this proposed 

action must be received in writing by 

May 15, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2013–0692, by mail to Craig 

Bernstein, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. Comments may 

also be submitted electronically or 

through hand delivery/courier by 

following the detailed instructions in 

the ADDRESSES section of the direct final 

rule located in the rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Craig Bernstein, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; at 

913–551–7688; or by email at 

Bernstein.craig@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of today’s Federal 

Register, EPA is approving the state’s 

111(d) plan revision as a direct final 

rule without prior proposal because the 

Agency views this as a noncontroversial 

action and anticipates no relevant 

adverse comments because the revisions 

are administrative and consistent with 

Federal regulations. A detailed rationale 

for the approval is set forth in the direct 

final rule. If no relevant adverse 

comments are received in response to 

this action, no further activity is 

contemplated in relation to this action. 

If EPA receives relevant adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed action. EPA will not institute 

a second comment period on this action. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on part of this rule and if that 

part can be severed from the remainder 

of the rule, EPA may adopt as final 

those parts of the rule that are not the 

subject of an adverse comment. For 

additional information, see the direct 

final rule which is located in the rules 

section of this Federal Register. 

Dated: April 3, 2014. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2014–08337 Filed 4–14–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 100 

RIN 0906–AB00 

National Vaccine Injury Compensation 

Program: Revisions to the Vaccine 

Injury Table 

AGENCY: Office of the Secretary, HHS. 

ACTION: Notice of public hearing. 

SUMMARY: This document announces a 

public hearing to receive information 

and views on the Notice of Proposed 

Rulemaking (NPRM) entitled ‘‘National 

Vaccine Injury Compensation Program: 

Revisions to the Vaccine Injury Table.’’ 

DATES: The public hearing will be held 

on April 28, 2014, from 10:00 a.m.– 

11:30 a.m. (EDT). 

ADDRESSES: The public hearing will be 

held in Conference Room 10–65 in the 

Parklawn Building, 5600 Fishers Lane, 

Rockville, Maryland 20857. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Avril Melissa Houston, Acting Director, 

Division of Vaccine Injury 

Compensation, at 855–266–2427 or by 

email at ahouston@hrsa.gov. 

SUPPLEMENTARY INFORMATION: The 

National Childhood Vaccine Injury Act 


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