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[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Rules and Regulations]
[Pages 26255-26258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10546]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0766; FRL-9808-4]

Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Approval of Texas Low Emission Diesel Fuel Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is granting direct final approval of a revision to the 
Texas State Implementation Plan (SIP) concerning the Texas Low Emission 
Diesel fuel rules. The revisions clarify existing definitions and 
provisions, revise the approval procedures for alternative diesel fuel 
formulations, add new registration requirements, and update the rule to 
reflect the current program status because the rule is now fully 
implemented. This SIP revision meets statutory requirements.

DATES: This rule is effective on July 5, 2013 without further notice, 
unless EPA receives relevant adverse comment by June 5, 2013. If EPA 
receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2012-0766, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
     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 CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are 
accepted only between the hours of 8:00 a.m. and 4:00 p.m. weekdays 
except for legal holidays. Special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2012-0766. 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 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 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.
    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 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Planning Section 
(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, 
Dallas, Texas 75202-2733. The file will be made available by 
appointment for public inspection in the Region 6 FOIA Review Room 
between the hours of 8:30 a.m.

[[Page 26256]]

and 4:30 p.m. weekdays except for legal holidays. Contact the person 
listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. 
Bill Deese at 214-665-7253 to make an appointment. If possible, please 
make the appointment at least two working days in advance of your 
visit. There will be a 15 cent per page fee for making photocopies of 
documents. On the day of the visit, please check in at the EPA Region 6 
reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment:
    Texas Commission on Environmental Quality, 12100 Park 35 Circle, 
Building E, Austin, Texas 78753, and at the commission's Web site at 
http://www/tceq.texas.gov/nav/rules/propose_adopt.html.

FOR FURTHER INFORMATION CONTACT: Ms. Sandra Rennie, Air Planning 
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7367; 
fax number 214-665-7263; email address rennie.sandra@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'' 
``us'' or ``our'' is used, we mean the EPA.

Outline

I. Background
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    The Texas Low Emission Diesel (TxLED) fuel program was initially 
approved by EPA on November 14, 2001 (66 FR 57196). It was revised on 
April 6, 2005 (70 FR 17321), October 6, 2005 (70 FR 58325), and October 
24, 2008 (73 FR 63378). The TxLED fuel is similar to CARB (California 
Air Resources Board) diesel and is required for use by on-highway 
vehicles and non-road equipment (including marine vessels) in 110 
counties in eastern and central Texas. Use of this boutique diesel fuel 
reduces NOX emissions.
    Texas submitted a revision to the TxLED rules on September 19, 
2012. The rulemaking revises definitions; establishes new designated 
alternative limits for TxLED fuel properties; removes expired 
registration requirements and establishes new registration requirements 
for identifying production and import facilities; revises approval 
procedures for alternative diesel fuel formulations; specifies that the 
approvals of all additive-based alternative diesel fuel formulations 
will be subject to revocation if the composition of the additive is 
found to be altered; allows all alternative diesel formulations 
approved by the TCEQ prior to April 1, 2012, to remain in effect; 
revises reporting requirements to include production and import 
facility data; requires alternative emission reduction plans using the 
Unified Model to determine compliance each calendar quarter; removes 
expired early gasoline sulfur reduction credits provisions; and makes 
other clarifying changes as needed for accuracy and consistency.

II. Analysis of the State's Submittal

    We compared the rule revisions for stringency against the rule 
language in the approved SIP. Revisions are made to the following 
sections: Sec.  114.6, Definitions; Sec.  114.312, Low Emission Diesel 
Standards; Sec.  114.313, Designated Alternative Limits; Sec.  114.314, 
Registration of Diesel Producers and Importers; Sec.  114.315, Approved 
Test Methods; Sec.  114.316, Monitoring, Recordkeeping, and Reporting 
Requirements; Sec.  114.317 Exemptions to Low Emission Diesel 
Requirements; Sec.  114.318, Alternative Emission Reduction Plan; Sec.  
114.319, Affected Counties and Compliance Dates.
    We found that the revisions to the rule did not compromise the 
integrity of the approved SIP. In some cases, the revisions made the 
rule more stringent than the approved SIP. See the Technical Support 
Document that accompanies this action for a detailed analysis of the 
revisions.

III. Final Action

    Pursuant to section 110 of the Act, EPA is approving revisions to 
the TxLED rule that were submitted on September 19, 2012. We evaluated 
the State's submittal and determined that it meets the applicable 
requirements of the Clean Air Act (CAA) section 110. Approval of this 
submittal will not result in any increase in ozone concentration 
levels. In accordance with CAA section 110(l), these revisions will not 
interfere with attainment of the National Ambient Air Quality Standards 
(NAAQS), Rate of Progress, reasonable further progress, or any other 
applicable requirement of the CAA.
    EPA is publishing this rule without prior proposal because we view 
this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on July 5, 2013 
without further notice unless we receive adverse comment by June 5, 
2013. If we receive adverse comments, we will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. We will address all public comments in a 
subsequent final rule based on the proposed rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so now. Please note that if we receive adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, we may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

IV. 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 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:
     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);

[[Page 26257]]

     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; 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 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.
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
action and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to publication of the rule in the Federal Register. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 5, 2013. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 5, 2013.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

0
2. The table in Sec.  52.2270(c) entitled ``EPA Approved Regulations in 
the Texas SIP'' is amended under ``Chapter 114 (Reg 4)--Control of Air 
Pollution from Motor Vehicles'' by revising the entries for Section 
114.6 and for Sections 114.312 through 114.319 to read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA-Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                        State approval/
          State citation              Title/subject        submittal     EPA approval date       Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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                        Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
                                            Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 114.6....................  Low Emission Fuel           8/22/12  5/6/13,
                                    Definitions.                        [Insert FR page
                                                                         number where
                                                                         document begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Subchapter H--Low Emission Fuels
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Division 2: Low Emission Diesel
----------------------------------------------------------------------------------------------------------------
Section 114.312..................  Low Emission Diesel         8/22/12  5/6/13 [Insert FR
                                    Standards.                           page number where
                                                                         document begins].
Section 114.313..................  Designated                  8/22/12  5/6/13 [Insert FR
                                    Alternative Limits.                  page number where
                                                                         document begins].
Section 114.314..................  Registration of             8/22/12  5/6/13 [Insert FR
                                    Diesel Producers                     page number where
                                    and Importers.                       document begins].

[[Page 26258]]

 
Section 114.315..................  Approved Test               8/22/12  5/6/13 [Insert FR
                                    Methods.                             page number where
                                                                         document begins].
Section 114.316..................  Monitoring,                 8/22/12  5/6/13 [Insert FR
                                    Recordkeeping, and                   page number where
                                    Reporting                            document begins].
                                    Requirements.
Section 114.317..................  Exemptions to Low           8/22/12  5/6/13 [Insert FR
                                    Emission Diesel                      page number where
                                    Requirements.                        document begins].
Section 114.318..................  Alternative                 8/22/12  5/6/13 [Insert FR
                                    Emission Reduction                   page number where
                                    Plan.                                document begins].
Section 114.319..................  Affected Counties           8/22/12  5/6/13 [Insert FR
                                    and Compliance                       page number where
                                    Dates.                               document begins].
 
                                                  * * * * * * *
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[FR Doc. 2013-10546 Filed 5-3-13; 8:45 am]
BILLING CODE 6560-50-P
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