Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations 35839

particular applicability; rules relating to

agency management of personnel; and

rules of agency organization, procedure,

or practice that do not substantially

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). EPA is

not required to submit a rule report

regarding today’s action under section

801 because this is a rule of particular

applicability.

F. Petitions for Judicial Review

Under section 307(b)(1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by August 31, 1998. Filing a

petition for reconsideration by the

Administrator of this final rule does not

affect the finality of this rule 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, Particulate matter,

Incorporation by reference,

Intergovernmental relations.

Dated: June 11, 1998.

David A. Ullrich,

Acting Regional Administrator, Region V.

For the reasons stated in the

preamble, part 52, chapter I, title 40 of

the Code of Federal Regulations is

amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 35 et seq.

Subpart P—Indiana

2. Section 52.770 is amended by

adding paragraph (c)(123) to read as

follows:

§ 52.720 Identification of plan.

* * * * *

(c) * * *

(123) On July 9, 1997, Indiana

submitted a site specific SIP revision

request for the University of Notre Dame

in Saint Joseph County, Indiana. The

submitted revision amends 326 IAC 6–

1–18, and provides for revised

particulate matter and heat input

limitations on the five boilers at Notre

Dame’s power plant.

(i) Incorporation by reference. Indiana

Administrative Code Title 326: Air

Pollution Control Board, Article 6:

Particulate Rules, Rule 1:

Nonattainment Area Limitations,

Section 18: St. Joseph County. Added at

20 In. Reg. 2299. Effective May 22, 1997.

[FR Doc. 98–17380 Filed 6–30–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TX98–1–7386; FRL–6117–3]

Approval and Promulgation of Air

Quality State Implementation Plans,

Texas; Recodification of, and

Revisions to the State Implementation

Plan; Chapter 114

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving in this

action the recodification of and revision

to the Texas State Implementation Plan

(SIP) for Chapter 114, ‘‘Control of Air

Pollution from Motor Vehicles.’’ This

revision was submitted by the Governor

on November 20, 1997, to reformat and

renumber existing state Chapter 114

sections into seven new subchapters (A

through G) without substantial technical

changes and to remove original

paragraph 114.1(e), concerning leaded

gasoline dispensing labeling

requirements.

DATES: This action is effective on

August 31, 1998 without further notice

unless the agency receives relevant

adverse comments by July 31, 1998. If

adverse comment is received, EPA will

publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule will

not take effect.

ADDRESSES: Written comments on this

action should be addressed to Mr.

Thomas H. Diggs, Chief, Air Planning

Section, Environmental Protection

Agency, Region 6, 1445 Ross Avenue,

Suite 700, Dallas, Texas 75202–2733.

Copies of the documents about this

action are available for public

inspection during normal business

hours at the above and following

location. Persons interested in

examining these documents should

make an appointment with the

appropriate office at least 24 hours

before the visiting day.

Environmental Protection Agency,

Region 6, 1445 Ross Avenue, Suite

700, Dallas, Texas 75202–2733.

Texas Natural Resource Conservation

Commission, 12100 Park 35 Circle,

Austin, Texas 78711–3087.

FOR FURTHER INFORMATION CONTACT: Mr.

Paul Scoggins, Air Planning Section

(6PD–L), EPA Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

telephone (214) 665–7354 or via e-mail

at scoggins.paul@epamail.epa.gov.

While information may be requested via

e-mail, comments must be submitted in

writing to the above Region 6 address.

SUPPLEMENTARY INFORMATION:

I. Background

On November 20, 1997, the Governor

of Texas formally submitted a

recodification of, and revisions to, the

Texas SIP for Regulation IV, 30 TAC

Chapter 114, ‘‘Control of Air Pollution

from Mobile Vehicles.’’ These changes

were submitted to reformat and

renumber existing state Chapter 114

sections into seven new subchapters (A

through G) without substantial technical

changes and to remove original

paragraph 114.1(e), concerning leaded

gasoline dispensing labeling

requirements.

II. Texas Chapter 114 Format Revisions

Chapter 114 includes the rules and

regulations providing for the protection

of environment from mobile vehicles

which were divided into sections. The

resulting new format divides the

existing sections into subchapters (A

through G) and renumbers the original

sections within the new subchapters.

The following Chapter 114 subchapters

and sections have been adopted by the

commission.

SUBCHAPTER A: DEFINITIONS

114.1 Definitions.

114.2 Inspection and Maintenance (I/M)

Definitions.

114.3 Low Emission Fleet Vehicle

Definitions.

114.4 Vehicle Retirement and Mobile

Emission Reduction Credit Definitions.

114.5 Transportation Planning Definitions.

SUBCHAPTER B: MOTOR VEHICLE ANTITAMPERING REQUIREMENTS

114.20 Maintenance and Operation of Air

Pollution Control Systems or Devices

Used to Control Emissions from Motor

Vehicles.

114.21 Exclusions and Exemptions.

SUBCHAPTER C: VEHICLE INSPECTION

AND MAINTENANCE

114.50 Vehicle Emissions Inspection

Requirements.

114.51 Equipment Evaluation Procedures

for Vehicle Exhaust Gas Analyzers.

114.52 Waivers and Extensions for

Inspection Requirements.

114.53 Inspection and Maintenance Fees.

SUBCHAPTER D: OXYGEN

REQUIREMENTS FOR GASOLINE

114.110 Oxygenated Fuels.
35840 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations

SUBCHAPTER E: LOW EMISSION FLEET

VEHICLE REQUIREMENTS

114.150 Requirements for Mass Transit

Authorities.

114.151 Requirements for Local

Governments and Private Persons.

114.152 Use of Certain Vehicles for

Compliance.

114.153 Exceptions.

114.154 Exceptions for Certain Mass Transit

Authorities.

114.155 Reporting.

114.156 Recordkeeping.

114.157 Program Compliance Credits.

SUBCHAPTER F: VEHICLE RETIREMENT

AND MOBILE EMISSION REDUCTION

CREDITS; VEHICLE RETIREMENT

114.200 Accelerated Vehicle Retirement

Program.

Mobile Emission Credits

114.201 Mobile Emission Reduction Credit

Program.

114.202 The Texas Mobile Emission

Reduction Credit Fund.

SUBCHAPTER G: TRANSPORTATION

PLANNING

114.250 Memorandum of Understanding

with the Texas Department of

Transportation.

114.260 Transportation Conformity.

114.270 Transportation Control Measures.

The following original sections were

repealed by the commission.

114.1 Maintenance and Operation of Air

Pollution Control Systems or Devices

Used to Control Emissions from Motor

Vehicles.

114.3 Vehicle Emissions Inspection

Requirements.

114.4 Equipment Evaluation Procedures for

Vehicle Exhaust Gas Analyzers.

114.5 Exclusions and Exemptions.

114.6 Waivers and Extensions for

Inspection Requirements.

114.7 Inspection and Maintenance Fees.

114.13 Oxygenated Fuels.

114.23 Transportation Control Measures.

114.25 Memorandum of Understanding

with the Texas Department of

Transportation.

114.27 Transportation Conformity.

114.29 Accelerated Vehicle Retirement

Program.

114.30 Definitions.

114.31 Requirements for Mass Transit

Authorities.

114.32 Requirements for Local

Governments and Private Persons.

114.33 Use of Certain Vehicles for

Compliance.

114.34 Exceptions.

114.35 Exceptions for Certain Mass Transit

Authorities.

114.36 Reporting.

114.37 Recordkeeping.

114.38 Program Compliance Credits.

114.39 Mobile Emission Reduction Credit

Program.

114.40 The Texas Mobile Emission

Reduction Credit Fund.

III. Analysis of State Submittal

Subchapter A, Sections 114.1–114.5,

which cover mobile source program

definitions, contain the definitions for

the entire chapter. New Section 114.1

definitions were taken from original

Section 114.30, ‘‘Definitions’’ of the

Texas Clean Fuel Fleet program and

from original Section 114.3(a)

‘‘Definitions’’ of the Vehicle Emissions

Inspection Requirements. New Section

114.2 definitions were taken from

original Section 114.3 of remaining

definitions numbered (1)–(5), (8)–(13),

(15), (16) and the commission added a

new definition, ‘‘Two-speed idle I/M

test.’’ New Section 114.3 definitions

were taken from original Section 114.30

of remaining definitions with a Section

name change from ‘‘Clean Fuel Fleet

Vehicle’’ program definitions to ‘‘Low

Emission Fleet Vehicle Definitions.’’

New Section 114.4 definitions were

taken from original Section 114.29 and

new Section 114.5 definitions were

taken from original Section 114.23.

Subchapter B, Sections 114.20 and

114.21 contain the requirements for the

vehicle antitampering program. New

Section 114.20 was created from

original Section 114.1, and new Section

114.21 was created from original

Section 114.5. Original Section 114.1(e)

containing the leaded gasoline

dispensing labeling requirement, was

removed from new Section 114.20. The

reference to paragraph (f) in original

Section 114.5(a)(2) was removed from

new Section 114.21(a)(2).

Subchapter C, Sections 114.50–

114.53, contain the requirements for the

vehicle inspection and maintenance

program. New Sections 114.50, 114.51,

114.52, and 114.53 were created from

original Sections 114.3, 114.4, 114,6,

and 114.7 respectively.

Subchapter D, Section 114.100

contains the requirements for the

oxygenated fuels program and was

created from original section 114.13.

Subchapter E, Sections 114.150–

114.157, contain the requirements for

the low emission fleet vehicle program.

New Sections 114.150, 114.151,

114.152, 114.153, 114,154, 114.155,

114.156, and 114.157 were created from

original Sections 114.31, 114.32, 114.33,

114.34, 114.35, 114.36, 114.37, and

114.38, respectively.

Subchapter F, Sections 114.200–

114.202, contain the requirements for

the vehicle retirement and mobile

emission reduction credits program.

New Sections 114.200, 114.201, and

114.202 were created from original

Sections 114.29, 114.39, and 114.40,

respectively.

Subchapter G, Sections 114.250,

114.260, and 114.270, contain the

requirements for the transportation

planning program. New Section 114.250

was created from original Section

114.25. New Section 114.260 was

created from original section 114.27.

The last sentence of paragraph

114.260(b) was changed from ‘‘Affected

nonattainment or maintenance areas

include El Paso, Houston/Galveston,

Dallas/Fort Worth, Beaumont/Port

Arthur, and Victoria.’’ to ‘‘The affected

nonattainment and maintenance areas

are listed in section 101.1 of the title

(relating to Definitions).’’ In new

Section 114.260, paragraph (d)(2)(A)(x),

the word ‘‘pursuant’’ was changed to

‘‘under.’’ Section 114.270 was created

from the original Section 114.23 and the

following was added to paragraph (b), to

the end of subsection (1); ‘‘* * * as

defined in Section 101.1 of this title

(relating to Definitions) and to the end

of subsections (2), (3), and (4), ‘‘* * *

as defined in Section 101.1 of this title.’’

In addition, the following

administrative change has been made to

all rules and regulations in which they

appear:

1. ‘‘TNRCC’’ to ‘‘commission’’.

IV. Final Action

The EPA is approving the

recodification of and revision to the

Texas SIP for Regulation IV, 30 TAC

Chapter 114. Except as noted in the

following paragraph, this action reflects

a recodification, not actual approval of

underlying requirements. The original

Section numbers have been renumbered

and reformatted into specific

subchapters without changes to the

underlying requirements or contents,

except where noted in the following

paragraph. Previous approval or

disapproval of Chapter 114 Sections and

contents remain unchanged.

In addition, a new definition—‘‘Twospeed idle I/M test’’—-and the removal

of original paragraph 114.1(e), leaded

gasoline dispensing labeling

requirements, are approved. Minor

editorial changes as noted above in the

part III, Analysis of State Submittal, are

also approved.

The EPA is publishing this action

without prior proposal because the

agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is proposing to

approve the SIP revision should

relevant adverse comments be filed.

This rule will be effective on August 31,

1998 without further notice unless the

Agency receives adverse comments by

July 31, 1998.
Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations 35841

If EPA receives such comments, then

EPA will publish a timely withdrawal of

the final rule and inform the public that

the rule did not take effect. All public

comments received will then be

addressed in a subsequent final rule

based on the proposed rule. The EPA

will not institute a second comment

period on the proposed rule. Only

parties interested in commenting on the

proposed rule should do so at this time.

If no such comments are received, the

public is advised that this rule will be

effective on August 31, 1998 and no

further action will be taken on the

proposed rule.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

V. Administrative Requirements

A. Executive Order (E.O.) 12866 and

13045

The Office of Management and Budget

has exempted this regulatory action

from E.O. 12866 review. In addition,

this regulatory action is not subject to

E.O. 13045, entitled ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks,’’ because it is

not an ‘‘economically significant’’ action

under E.O. 12866.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. See 5 U.S.C.

603 and 604. Alternatively, EPA may

certify that the rule will not have a

significant impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

The EPA’s approval of the State

request under section 110 and

subchapter I, part D of the Act do not

create any new requirements but simply

approve requirements that the State is

already imposing. Therefore, because

the Federal SIP approval does not

impose any new requirements, I certify

that it does not have a significant impact

on any small entities affected. Moreover,

due to the nature of the Federal-State

relationship under the Act, preparation

of the flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of the State

action. The Act forbids EPA to base its

actions concerning SIPs on such

grounds. See Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255–66 (1976); 42

U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

The EPA has determined that the

approval action promulgated does not

include a Federal mandate that may

result in estimated costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves preexisting requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 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. The EPA will

submit a report containing this rule 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. This rule is not a ‘‘major rule’’

as defined by 5 U.S.C. 804 (2).

E. Petitions for Judicial Review

Under section 307(b) (1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by August 31, 1998. Filing a

petition for reconsideration by the

Administrator of this final rule does not

affect the finality of this rule 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,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements, Sulfur

oxides, Volatile organic compounds.

Dated: June 9, 1998.

Jerry Clifford,

Deputy Regional Administrator, Region 6.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation of part 52

continues to read as follows:

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

Subpart SS—Texas

2. Section 52.2270 is amended by

adding paragraph (c)(111) to read as

follows:

§ 52.2270 Identification of plan.

* * * * *

(c)* * *

(111) Recodified and revised

Regulation IV, 30 TAC Chapter 114

‘‘Control of Air Pollution From Motor

Vehicles’’ regulations of Texas

submitted by the Governor on

November 20, 1997, to reformat original

Chapter 114 sections into seven new

subchapters (A through G) and to

remove original section 114.1(e),

concerning leaded gasoline dispensing

labeling requirements.

(i) Incorporation by reference.

(A) Commission Order 97–0713-RUL,

adopted by the commission on

November 5, 1997.

(B) SIP narrative entitled ‘‘Revisions

to 30 TAC Chapter 114 and to the State

Implementation Plan (Reformatting of

the Chapter)’’ adopted by the

commission on November 5, 1997,

addressing: adoption of new Sections

114.1–114.5, 114.20, 114.21, 114.50–

114.53, 114.100, 114.150–114.157,

114.200–114.202, 114.250, 114.260,

114.270, and repeal of original sections

114.1, 114.3–114.7, 114.13, 114.23,

114.25, 114.27, 114.29–114.40.

[FR Doc. 98–17381 Filed 6–30–98; 8:45 am]

BILLING CODE 6560–50–P