[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Proposed Rules]
[Pages 82550-82553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23340]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2023-0647; FRL-12276-01-R6]


Air Plan Approval; Texas; Vehicle Inspection and Maintenance Plan 
for Bexar County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve revisions 
to the Texas State Implementation Plan (SIP) submitted to the EPA by 
the Texas Commission on Environmental Quality (TCEQ or State) on 
December 18, 2023. The SIP revisions address Control of Air Pollution 
from Motor Vehicles and establish a Motor Vehicle Inspection and 
Maintenance (I/M) program for the San Antonio ozone nonattainment area. 
The revisions also update definitions and address options for 
displaying a

[[Page 82551]]

vehicle's registration as proof of compliance with I/M requirements.

DATES: Written comments must be received on or before November 12, 
2024.

ADDRESSES: Submit your comments, identified by Docket ID EPA-R06-OAR-
2023-0647, at https://www.regulations.gov or via email to 
<a href="/cdn-cgi/l/email-protection#f98a8d9c909bd79a95968f908ab99c8998d79e968f"><span class="__cf_email__" data-cfemail="9ae9eefff3f8b4f9f6f5ecf3e9daffeafbb4fdf5ec">[email protected]</span></a>. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Mr. Clovis Steib, 214-
665-7566, <a href="/cdn-cgi/l/email-protection#1f6c6b7a767d317c737069766c5f7a6f7e31787069"><span class="__cf_email__" data-cfemail="295a5d4c404b074a45465f405a694c5948074e465f">[email protected]</span></a>. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov. While all documents in the 
docket are listed in the index, some information may not be publicly 
available due to docket file size restrictions or content (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. Clovis Steib, EPA Region 6 Office, 
Infrastructure and Ozone Section, 214-665-7566, <a href="/cdn-cgi/l/email-protection#80f3f4e5e9e2aee3eceff6e9f3c0e5f0e1aee7eff6"><span class="__cf_email__" data-cfemail="c0b3b4a5a9a2eea3acafb6a9b380a5b0a1eea7afb6">[email protected]</span></a>. 
We encourage the public to submit comments via https://www.regulations.gov. Please call or email the contact listed above if 
you need alternative access to material indexed but not provided in the 
docket.

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

I. Background

    Ground-level ozone, also known as ``tropospheric ozone'' or 
``smog,'' is created when emissions of the ozone precursors, oxides of 
nitrogen (NO<INF>X</INF>) and volatile organic compounds (VOCs), react 
in the presence of sunlight and heat. EPA has established the ozone 
National Ambient Air Quality Standards (NAAQS) to protect public 
health, including the health of at-risk populations, with an adequate 
margin of safety. On October 1, 2015, EPA revised the ozone NAAQS to a 
level of 0.070 parts per million (ppm) (computed based on the annual 
fourth highest daily maximum 8-hour average concentration, averaged 
over 3 years).\1\ The revised 2015 ozone NAAQS provide greater 
protection of public health and the environment than the previous ozone 
NAAQS of 0.075 ppm, set in 2008. Although the 2015 ozone NAAQS retain 
the same general form and averaging time as the NAAQS set in 2008, the 
lower level is more protective.
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    \1\ See 80 FR 65296, October 26, 2015; and 40 CFR part 50, 
appendix U, for more information on the revised 2015 ozone NAAQS, 
including a detailed explanation of the calculation of the 3-year 8-
hour average.
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    Effective September 24, 2018, Bexar County was designated as the 
San Antonio, Texas, nonattainment area \2\ and classified as a Marginal 
nonattainment area for the 2015 ozone NAAQS with an attainment deadline 
of September 24, 2021 (83 FR 35136, July 25, 2018).
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    \2\ The ``San Antonio nonattainment area'' may also be referred 
to as the ``Bexar County nonattainment area'' and includes all of 
Bexar County. The surrounding counties in the San Antonio area: 
Atascosa, Bandera, Comal, Guadalupe, Kendall, Medina, and Wilson 
Counties are designated as attainment/unclassifiable.
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    On March 30, 2022, TCEQ adopted revisions to their SIP (Rule 
Project No. 2021-029-114-AI) that implement applicable sections of 
Senate Bill (SB) 604, 86th legislature 2019. The revisions expanded the 
compliance options for the display of vehicle registration insignia and 
incorporated minor changes to 30 Texas Administrative Code (TAC) 
chapter 114, Control of Air Pollution from Motor Vehicles, to comply 
with the Texas Transportation Code, chapter 504.
    On October 7, 2022, EPA reclassified the San Antonio area from 
Marginal to Moderate effective November 7, 2022 (87 FR 60897). The CAA 
section 182(b)(4) and title 40 of the Code of Federal Regulations 
(CFR), part 51, subpart S, require the implementation of a Basic 
vehicle emissions I/M program \3\ in certain urbanized ozone 
nonattainment areas classified as Moderate. The State is therefore 
required to implement an I/M program in Bexar County by November 7, 
2026.\4\
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    \3\ The performance standard for Basic I/M programs in areas 
designated nonattainment for the 2015 ozone NAAQS includes, among 
other things, annual inspections of light-duty vehicles in a 
centralized test program by conducting idle testing of 1968-2000 
Model Year (MY) subject vehicles and on-board diagnostics (OBD) 
checks on 2001 and newer subject vehicles (see 40 CFR 51.352(e)). An 
I/M performance standard is a collection of program design elements 
which defines a benchmark program to which a state's proposed 
program is compared in terms of its potential to reduce emissions of 
the ozone precursors, VOC, and NO<INF>X</INF>. Per the SIP, the 
Texas I/M program requires the annual OBD testing of gasoline-
powered vehicles between 2-24 years old in the affected counties.
    \4\ To satisfy the requirements of 40 CFR part 51, subpart S, 
Sec.  51.350(a)(4).
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    On November 29, 2023, TCEQ adopted the Bexar County I/M SIP 
Revision (Non-Rule Project No. 2022-027-SIP-NR) and the associated 
revisions to 30 TAC Chapter 114 (Rule Project No. 2022-026-114-AI).

II. The Submitted SIP Revisions

    On December 18, 2023, the TCEQ submitted an I/M Program plan (Non-
Rule Project No. 2022-027-SIP-NR) and rulemaking revisions (Rule 
Project No. 2022-026-114-AI) that would ensure the State's 
implementation of the vehicle I/M program in the San Antonio 
nonattainment area by no later than November 1, 2026. The submitted 
revisions expand the State's existing I/M program into Bexar County. 
Additionally, the submitted revisions also incorporate minor changes 
from a prior 30 TAC chapter 114 rulemaking (Rule Project No. 2021-029-
114-AI) that expand the options for displaying a vehicle's registration 
insignia to include digital license plates.
    EPA determined on March 11, 2024, that the three submitted 
revisions addressed herein meet the SIP completeness criteria found in 
40 CFR part 51, appendix V.\5\
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    \5\ Letter from Mr. David F. Garcia, Air and Radiation Division 
Director, EPA Region 6 to Mr. Jon Niermann, Chairman, Texas 
Commission on Environmental Quality (March 11, 2024), included in 
the docket for this action.
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III. The EPA's Evaluation

A. Analysis of Submitted Bexar County I/M SIP Revision and Associated 
Revisions to 30 TAC Chapter 114

    The submitted SIP revisions (Non-Rule Project No. 2022-027-SIP-NR) 
expand the State's I/M program into Bexar County and implement on-board 
diagnostics (OBD) inspections for vehicles subject to I/M program 
requirements beginning November 1, 2026. All vehicle emissions 
inspection stations in Bexar County will be required to offer the OBD 
inspections.
    The submitted revisions (Rule Project No. 2022-026-114-AI and Rule 
Project No. 2021-029-114-AI) address 30 TAC chapter 114, subchapters A, 
C, and H. An analysis of the submitted revisions to chapter 114 are 
covered in detail in our Technical Support Document (TSD) included in 
the docket for this action. A

[[Page 82552]]

summary of the revisions to 30 TAC chapter 114 grouped by subchapter is 
provided:
    Subchapter A:
    <bullet> The revisions to section 114.1 and 114.2 remove obsolete 
definitions and update the mail code in the Texas I/M SIP.\6\
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    \6\ The definitions are listed in the TSD in the docket for this 
proposed action.
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    Subchapter C:
    <bullet> The revisions to sections 114.50 and 114.53, implement a 
new Bexar County I/M program, specifies the program start date and the 
model year vehicles to be tested, require that all vehicle emissions 
testing stations offer OBD tests, and establish fees.\7\
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    \7\ The revisions establish the maximum fee of $11.50 that Bexar 
County program area emissions inspection stations may charge for the 
OBD test. The adopted revisions would also require affected vehicle 
owners to remit $2.50 to the Texas Department of Motor Vehicles 
(DMV) or county tax assessor-collector at the time of annual vehicle 
registration as part of the vehicle emissions inspection fee to 
cover the costs to implement, maintain, administer, and enforce the 
required vehicle I/M program in Bexar County.
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    <bullet> The revisions to section 114.82 expand the options for 
proof of compliance with I/M requirements for motorists. It adds 
language to allow for different forms of proof of compliance with I/M 
requirements provided by the DPS and the DMV. The revisions allow for 
the display of a vehicle's registration insignia for certain commercial 
fleet or governmental entity vehicles on a digital license plate in 
lieu of attaching the registration insignia to the vehicle's 
windshield.
    This action does not address the submitted revisions to subchapter 
H (30 TAC 114.309)--the State's Low RVP Program (Rule Project No. 2022-
026-114-AI).\8\ These submitted revisions are severable and will be 
addressed in a future, separate EPA action.
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    \8\ These are the State's rules addressing gasoline with low 
Reid Vapor Pressure (RVP). For information on gasoline Reid vapor 
pressure, please visit https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure.
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B. Analysis of Bexar County 2015 Ozone Nonattainment Area Performance 
Standard Modeling (PSM)

    As mentioned previously, the San Antonio ozone nonattainment area 
was reclassified as Moderate under the 2015 standard, and therefore, 
must demonstrate through modeling that the area meets the Basic I/M 
requirements.\9\ PSM is a SIP submission requirement per the I/M rule 
at 40 CFR 51.372(a)(2). This rule requires states to provide a 
demonstration that the proposed vehicle emissions I/M program for a 
newly designated or reclassified ozone nonattainment area meets the 
emissions reduction benchmarks specified for the area's ozone NAAQS 
classification level. A PSM analysis is conducted to evaluate whether a 
proposed I/M program meets the applicable performance standard. The 
performance standards establish the level of emission reductions that 
mandatory I/M programs must meet or exceed. The TCEQ performed the 
required PSM analysis of the proposed Bexar County area I/M program 
\10\ following the procedures in the EPA guidance document Performance 
Standard Modeling for New and Existing Vehicle Inspection and 
Maintenance (I/M) Programs Using the MOVES Mobile Source Emissions 
Model (EPA-420-B-22-034, October 2022). For the benchmark or model 
program to which Bexar County's proposed Basic I/M program will be 
compared, TCEQ correctly selected the Basic performance standard for 
areas designated nonattainment for the 8-hour ozone standard detailed 
in 40 CFR 51.352(e). TCEQ used EPA's Mobile Vehicle Emissions 
Simulator, version 3.1 (MOVES3.1) \11\ to conduct the analyses in March 
2023, using 2026 as the analysis year--the Bexar County program 
implementation year under the 2015 ozone NAAQS. The documentation of 
the PSM assessments is provided in attachment B, chapter 2 of the 
State's December 18, 2023, submittal, and a summary of the results are 
provided in attachment B, chapter 3 of the submittal. Copies of the 
modeling summary are included in the docket \12\ for this action. After 
reviewing TCEQ's PSM analysis, EPA concludes that TCEQ has demonstrated 
that the Basic I/M performance standard is met in the Bexar County 
subject I/M area and that the analysis was completed consistent with 
EPA's 2022 PSM guidance.
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    \9\ 87 FR 60897.
    \10\ See Attachment B: Inspection and Maintenance (I/M) Program 
Performance Standard Modeling (PSM) for the New I/M Program in the 
Bexar County 2015 Ozone Nonattainment Area of the State's December 
18, 2023, submittal package.
    \11\ MOVES 3.1 was the most current version available to TCEQ in 
March 2023 (released 12/9/2022). It's successor, MOVES4, was 
released in September of 2023.
    \12\ See Docket EPA-R06-OAR-2023-0647.
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    Table 1 below presents mass unit modeling results (in tons per day 
or tpd) of TCEQ's PSM comparison of the proposed Bexar County area's I/
M program to the benchmark program of the Basic performance standard. 
The emission levels (in tpd) of the ozone precursors, NO<INF>X</INF> 
and VOC, for the proposed I/M program are lower than the emissions from 
the benchmark program for the Basic I/M performance standard.
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    \13\ See Table 3-1: Summary of 2026 Performance Standard 
Evaluation for the Bexar County 2015 Ozone NAAQS Nonattainment Area 
Proposed I/M Program (tons per day) on page 12 of the TCEQ summary 
document.

  Table 1--Summary of 2026 Performance Standard Evaluation for the Bexar County 2015 Ozone NAAQS Nonattainment
                                              Area New I/M Program
                                               [Tons per day] \13\
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                                                                   Performance
                                                                     standard
                 Pollutant                    New I/M program   benchmark basic I/   Does new program meet I/M
                                                 emissions          M program          performance standard?
                                                                    emissions
----------------------------------------------------------------------------------------------------------------
NOX........................................              15.01              15.16  Yes.
VOC........................................               8.85               9.41  Yes.
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    Therefore, we are proposing that the Bexar County I/M program be 
approved into the SIP because the proposed I/M program meets the Basic 
I/M performance standard for the 2015 ozone NAAQS.

IV. Proposed Action

    EPA is proposing to approve the following revisions to the Texas 
SIP, submitted to the EPA on December 18,

[[Page 82553]]

2023: 30 TAC chapter 114, subchapter A, sections 114.1 and 114.2, and 
subchapter C, sections 114.50, 114.53, and 114.82. The submitted 
revisions describe and demonstrate how CAA requirements for a Basic 
vehicle I/M program (CAA section 182(b)(4) and 40 CFR part 51, subpart 
S) meets the requirements for 2015 ozone NAAQS for the San Antonio 
ozone nonattainment area; and incorporates minor changes for the 
display of a vehicle's registration insignia. This proposed action is 
being taken pursuant to section 110 and part D of the CAA.

V. Environmental Justice Considerations

    For this proposed action, The EPA conducted screening analyses 
using the EPA's Environmental Justice (EJ) screening tool (EJScreen 
tool, version 2.2).\14\ The EPA reviewed environmental and demographic 
data of the populations living within the San Antonio area. The EPA 
then compared these data to the national average for each of the 
environmental and demographic groups. The results of this analysis are 
being provided for informational and transparency purposes.
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    \14\ See https://www.epa.gov/ejscreen.
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    Review of the environmental analyses indicate that the San Antonio 
ozone nonattainment area is above the 80th percentile for Particulate 
Matter 2.5, Ozone, and Superfund Proximity. A detailed description of 
the EJ considerations and the EJScreen analysis reports are available 
in the docket for this rulemaking.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
    <bullet> Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
    <bullet> Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act.
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    This proposed action would strengthen measures in the current SIP 
by implementing a vehicle inspection and maintenance program in the San 
Antonio area. As such, at a minimum, this action would not worsen any 
existing air quality and is expected to ensure that the San Antonio 
nonattainment area is meeting requirements to attain and/or maintain 
air quality standards. Further, there is no information in the record 
indicating this action is expected to have disproportionately high or 
adverse human health or environmental effects on a particular group of 
people. The EPA performed an environmental justice analysis, as 
described earlier in this action under ``Environmental Justice 
Considerations.'' The analysis was done for the purpose of providing 
additional context and information about this proposal to the public, 
not as a basis of the action.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Volatile organic compounds.

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

    Dated: October 3, 2024.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2024-23340 Filed 10-10-24; 8:45 am]
BILLING CODE 6560-50-P


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