Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 69679 

1Previous actions taken toward full approval of 

the TMC Program include: a proposed conditional 

interim approval on October 3, 1996 (61 FR 51651); 

an interim final conditional approval on July 11, 

1997 (62 FR 37138); a direct final action on April 

23, 1999 (64 FR 19910) to remove the conditions; 

and a final action to approve various revisions on 

July 25, 2014 (79 FR 43264). 

Orleans, Orleans Parish, Louisiana. The 

deviation was requested to 

accommodate The USA Triathlon 

National Championships, a New 

Orleans two-day event. The vertical 

clearance of the Leon C. Simon Blvd. 

(Seabrook) (aka Senator Ted Hickey) 

bascule bridge is 46 feet above mean 

high water in the closed-to-navigation 

position and unlimited in the open-tonavigation position. The bridge is 

governed by 33 CFR 117.458(c). 

This deviation is effective on 

November 5, 2016 through November 6, 

2016. The bridge over the Inner Harbor 

Navigation Canal will be closed to 

marine traffic from 7 a.m. through 5 

p.m. on Saturday and from 7 a.m. 

through 3 p.m. on Sunday. This 

deviation allows the bridge to remain 

closed-to-navigation for the duration of 

the event on each day. 

Navigation on the waterway consists 

of small tugs with and without tows, 

commercial vessels, and recreational 

craft, including sailboats. 

Vessels able to pass through the 

bridge in the closed-to-navigation 

position may do so at any time. The 

bridge will be able to open for 

emergencies, and there is no immediate 

alternate route. The Coast Guard will 

also inform the users of the waterways 

through our Local and Broadcast 

Notices to Mariners of the change in 

operating schedule for the bridge to 

minimize any impact caused by the 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

David M. Frank, 

Bridge Administrator, Eighth Coast Guard 

District. 

[FR Doc. 2016–24290 Filed 10–6–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2015–0425; FRL–9952–27– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Control of Air Pollution From Motor 

Vehicles, Vehicle Inspection and 

Maintenance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Texas State Implementation Plan 

(SIP). The revisions to the SIP were 

submitted in 2015. These revisions are 

related to the implementation of the 

state’s motor vehicle emissions 

Inspection and Maintenance (I/M) 

Program. The EPA is approving these 

revisions pursuant to the Clean Air Act 

(CAA). 

DATES: This rule will be effective on 

December 6, 2016 without further notice 

unless EPA receives relevant adverse 

comments by November 7, 2016. If EPA 

receives such comments, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2015–0425, at http://

www.regulations.gov or via email to 

walser.john@epa.gov. 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 John Walser, 214–665–7128, 

walser.john@epa.gov. For the full EPA 

public comment policy, information 

about CBI or multimedia submissions, 

and general guidance on making 

effective comments, please visit http:// 

www2.epa.gov/dockets/commentingepa-dockets. 

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). 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Walser (6PD–L), (214) 665–7128, 

walser.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means EPA. 

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 city and county 

ordinances, monitoring networks, and 

modeling demonstrations. Each state 

must submit any SIP revision to EPA for 

approval and incorporation into the 

federally-enforceable SIP. 

The Texas SIP includes a variety of 

control strategies, including the 

regulations that outline requirements for 

the motor vehicle I/M program for 

applicable areas of the state. 

B. What is vehicle inspection and 

maintenance? 

The 1990 CAA 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. CAA sections 182 

(b)(4); (c)(3). The Texas motor 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

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 

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69680 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 

2Travis and Williamson counties were added as 

part of an Early Action Compact (EAC) for the 

Austin area. The EAC was a program to encourage 

permanent proactive measures to prevent 

nonattainment area designations under the 1997 

ozone standard. 

3Please see 70 FR 45542, dated August 8, 2005. 

4House Bill (HB) 2305 was passed during the 

83rd legislative session (2013). This bill eliminated 

the inspection sticker resulting in a single-sticker 

system and makes vehicle registration dependent 

on obtaining a passing vehicle inspection. 

5Please see the discussion later in this 

rulemaking regarding Section 114.21. 

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. 

El Paso, Travis and Williamson 

County I/M programs are similar and 

require, in conjunction with the annual 

safety inspection, for all I/M program 

vehicles (gasoline powered vehicles 

from 2 through 24 years old) the 

administration of the two-speed idle 

tailpipe test if they are model year 1995 

or older, or an OBD test if they are 

model year 1996 or newer.2 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 is the low income vehicle repair 

assistance, retrofit, and accelerated 

vehicle retirement program (LIRAP)? 

The LIRAP is a voluntary program 

that any county participating in the 

Texas I/M program may elect to 

implement to enhance the objectives of 

the Texas I/M program. The Texas 

Commission on Environmental Quality 

(TCEQ) adopted the LIRAP rules on 

March 27, 2002 at 27 Tex. Reg. 3194. 

The LIRAP provides funding to assist 

eligible vehicle owners with emissionsrelated repairs, retrofits, or the option to 

retire the vehicle. The LIRAP is funded 

through a portion of the emissions 

inspection fee. Vehicle owners who 

have failed a recent emissions test and 

who meet the low-income criteria may 

be eligible. The LIRAP also provides 

funding for local projects targeted at 

improving air quality in the counties 

implementing the LIRAP. 

Although the LIRAP is not required 

by the CAA, certain provisions relating 

to the program fees have been approved 

into the Texas SIP to allow for full 

implementation of the State’s I/M 

program.3 These provisions strengthen 

the SIP. 

II. Overview of the June 9 and 11, 2015 

State Submittals 

A. June 9, 2015 Submittal 

On June 9, 2015, the TCEQ submitted 

SIP revisions to EPA that amended rules 

related to the implementation of the 

state’s motor vehicle emission I/M 

program. These revisions are related to 

replacing the duel windshield sticker 

system for vehicle inspection and 

registration with a single vehicle 

registration insignia sticker and 

modifying the method used to collect 

the state portion of the vehicle safety 

and emissions inspection fee, in 

addition to minor non-programmatic 

updates to rule language to correct 

outdated references and for general 

clarity.4

DPS implemented the changes on 

March 1, 2015 in all program areas. At 

present the program areas are: DallasFort Worth area (DFW), HoustonGalveston-Brazoria area (HGB), El Paso 

area, and the Austin area. 

B. June 11, 2015 Submittal 

On June 11, 2015, the TCEQ 

submitted SIP revisions to EPA that 

amended rules related to the LIRAP. 

TCEQ amended the state regulations to 

incorporate a new procedure for 

counties to opt out of LIRAP and to be 

released from program obligations, 

including remittance of the fee to fund 

the LIRAP. At the time the LIRAP was 

established, the rules did not specify 

such a procedure. The revisions define 

counties participating in, in the process 

of opting out, and not participating in 

the LIRAP, and details the fees 

associated with each county category. It 

also makes other minor nonprogrammatic updates to rule language 

for clarity. 

The June 11, 2015 revisions to the SIP 

change the fee and definitions sections 

of the LIRAP portion of the I/M rules. 

These revisions are approvable into the 

SIP as components of the State’s fee 

structure to implement it’s I/M program. 

III. Plan Requirements and Our 

Evaluation 

The revisions we are approving 

address 30 TAC 114, Control of Air 

Pollution from Motor Vehicles, 

Subchapter A: Definitions; and 

Subchapter C, Low Income Vehicle 

Repair Assistance, Retrofit, and 

Accelerated Vehicle Retirement 

Program, Division 1: Vehicle Inspection 

and Maintenance; and Division 3: Early 

Action Compact Counties. We have 

prepared a Technical Support 

Document (TSD) for this action which 

details our evaluation. Our TSD may be 

accessed on-line at http://

www.regulations.gov, Docket No. EPA– 

R06–OAR–2015–0425. 

To determine the approvability of 

these I/M revisions, we must determine 

whether these revisions comply with 

our Federal I/M requirements at 40 CFR 

part 51, subpart S, and 40 CFR 85.2222 

(Federal I/M Rules) and CAA section182 

regarding I/M program requirements. 

A. The June 9, 2015 Submittal 

The June 9, 2015 SIP narrative 

discusses how the Program meets the 

above requirements, and we agree with 

the State’s analysis. See 38 Tex. Reg. 

7068; 7074–75. Further explanation of 

our analysis of the adequacy of this 

submission with respect to I/M 

requirements can be found in the TSD 

for this action. 

On June 9, 2015, the State adopted 

revisions to 30 TAC Chapter 114, 

Control of Air Pollution from Motor 

Vehicles, Subchapter A, Definitions, 

Sections 114.1 and 114.2; and 

Subchapter B: Motor Vehicle AntiTampering Requirements, Section 

114.21,5 and Subchapter C, Division 1: 

Vehicle Inspection and Maintenance, 

Sections 114.50–114.53, and Subchapter 

C, Division 3: Early Action Compact 

Counties, Sections 114.82–114.84, and 

114.87, and corresponding revisions to 

the SIP. The SIP revisions contain a 

revised narrative, rules, and supporting 

documentation as outlined in the 

requirements of the Federal I/M rules. 

The SIP revisions will modify the 

administrative aspects of the existing 

Texas I/M program in order to 

implement Texas House Bill 2305, 

which replaces the current dual 

inspection and registration sticker 

system with a single sticker registration 

sticker and modifies the method used to 

collect the state’s portion of the vehicle 

emissions inspections fee. Registrations 

for non-compliant vehicles would be 

denied under the single sticker system 

as under the dual sticker system. 38 

Tex. Reg. 7068. We find that the single 

sticker system is approvable because 

this change to Texas’s I/M program does 

not affect the program’s compliance 

with any federal requirements for I/M. 

The I/M rules require the TCEQ to 

implement the I/M program in 

conjunction with the Texas DPS. The 

I/M rules also authorize the collection of 

the state’s portion of the vehicle 

emissions inspection fee by the DPS at 

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Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 69681 

6 DPS implemented the revisions on March 1, 

2015. 

7Email from TCEQ dated July 18, 2016 requesting 

EPA postpone review of Section 114.21 at this time. 

This document is contained in the docket for this 

rulemaking. 

8Section 110(k)(3) of the CAA provides the EPA 

the authority to approve a SIP submittal in part. 

9Please see our TSD for a more detailed listing/ 

discussion of these revisions. 

10 VIRs—Vehicle Inspection Reports; VRFs— 

Vehicle Repair Forms. 

the time that vehicle emissions 

inspection station owners purchase 

safety and emissions inspection 

windshield stickers. 

30 TAC Chapter 114 Sections 114.1 

and 114.2 identify and define the terms 

used in the State’s I/M regulations. 

Section 114.1(4) is revised to add the 

phrase ‘‘Beginning on the single sticker 

transition date as defined in this 

section, the safety inspection certificates 

will no longer be used’’ for clarity 

regarding the single-sticker program. 

Section 114.1(5) is added to define first 

vehicle registration. There is no federal 

definition of the term ‘‘first vehicle 

registration’’; but this definition does 

not conflict with any federal 

requirement. Sections 114.1(6)—(21) are 

renumbered to account for the new 

subsections and contain other nonsubstantive changes. 

Section 114.1(15), is modified to add 

new text as follows: ‘‘Single sticker 

transition date—The transition date of 

the single sticker system is the later of 

March 1, 2015 or the date that the Texas 

Department of Motor Vehicles (DMV) 

and the Texas DPS concurrently 

implement the single sticker system 

required by the Texas Transportation 

Code, Section 502.047.’’ 6 This text 

ensures that the terminology ‘‘Single 

sticker transition date’’ is well-defined 

and consistent with the Texas 

Transportation Code and with federal 

requirements, as applicable. 

Additionally, Section 114.1(19) and (20) 

are modified to add new text that define 

vehicle registration and vehicle 

registration insignia sticker terminology. 

Section 114.2(1)(A) and (B) are 

modified to clarify the definitions of 

accelerated simulation mode (ASM–2) 

phases, specifically the 50/15 and 25/25 

modes. For example, the 25/25 mode 

tests the vehicle at 25 mile per hour 

(mph) using 25 percent of the vehicle 

available horsepower. Section 

114.2(12)—Testing Cycle is revised to 

define the annual testing cycle under 

the single-sticker program and add the 

phrase ‘‘or beginning on the single 

sticker transition date, the annual cycle 

commencing with the first vehicle 

registration expiration date for which a 

motor vehicle is subject to a vehicle 

emissions inspection’’. Also, revisions 

to 114.2(14)—Uncommon Part and 

addition of 114.2(14)(A)–(C) add 

additional clarity exceeding remaining 

time prior to expiration of the safety 

inspection certificate and the vehicle 

registration. 

These revisions to Sections 114.1 and 

114.2 modify the I/M definitions as 

needed to implement the single-sticker 

program or are ministerial and add 

clarification. We therefore find that they 

are approvable. 

Section 114.21—Anti-tampering 

Exemptions is also revised. However, at 

the request of TCEQ,7 we are not taking 

action on Section 114.21, Antitampering Exemptions at this time.8 We 

do not need to act on this section to 

approve the remaining revisions to the 

I/M program in the June 9 and June 11, 

2015 submittals because the Antitampering program is not part of the 

currently approved SIP. Therefore, the 

revisions to Section 114.21 are 

separable, meaning that the action we 

are taking will not result in the 

approved SIP being more stringent than 

the State anticipated. See Bethlehem 

Steel Corp. v. Gorsuch, 742 F. 2d 1028 

(7th Cir. 1984); Indiana and Michigan 

Elec. Co., v. EPA, 733 F. 2d 489 (7th Cir. 

1984). 

The SIP submittal contains revisions 

to Subchapter C, Division 1: Vehicle 

Inspection and Maintenance. 

Specifically, Section 114.50—Vehicle 

Emissions Inspection Requirements, 

includes numerous revisions to Section 

114.50(a)(1)–(4), (b)(1)–(6), (c) and 

(d)(1)–(6) 9 and makes non-substantive 

changes to other provisions in this 

section. The revisions implement the 

single-sticker program, and add rule 

clarity. Revisions to Section 114.50(d)(2) 

add the following text: ‘‘Beginning on 

the single sticker transition date, no 

person may allow or participate in the 

preparation, duplication, sale, 

distribution, or false, counterfeit, or 

stolen vehicle registration insignia 

stickers, VIRs, VRFs,10 vehicle 

emissions repair documentation, or 

other documents that may be used to 

circumvent applicable vehicle 

emissions I/M requirements and to 

commit an offense specified in Texas 

Transportation Code, § 548.603.’’ These 

revisions define rule prohibitions, 

including activities that are fraudulent. 

As a result, these revisions strengthen 

the rule and are approvable. 

The submittal contains revisions to 

Section114.53 (a), (a)(1)–(3), (b)–(d), and 

(d)(1)–(3) that would exempt emission 

inspection stations from being required 

to remit the state’s portion of the vehicle 

emissions inspection fees to the DPS 

effective March 1, 2015. The revisions 

also would lower the maximum 

inspection fee collected by the 

emissions inspection stations in the 

DFW, HGB, El Paso and Austin I/M 

program areas. Effective March 1, 2015, 

the maximum inspection fee would be 

lowered by the amount of the state’s 

portion of the vehicle emissions 

inspection fee that would be collected 

by the DMV or county tax assessorcollector at the time of registration. 

Specifically, revisions to Section 

114.53—Inspection and Maintenance 

Fees clarify the fees that must be paid, 

and timing for an emissions inspection 

of a vehicle at an inspection station. For 

example, Section 114.53(a)(2) clarifies 

the timing of when an emission 

inspection station required to conduct 

an emission test may collect fees and 

the amount. Beginning on the single 

sticker transition date in the DFW and 

extended DFW program areas, any 

emissions inspection station required to 

conduct an emissions test in accordance 

with Section 114.50(a)(1)(A) or (B) and 

(2)(A) or (B) of this title must collect a 

fee not to exceed $24.50 for each ASM– 

2 test and $18.50 for each OBD test. 

Section 114.53 also further defines the 

timing and fees for each program area in 

Texas (i.e., El Paso County and the HGB 

areas) subject to emissions inspection. 

New Section 114.53(d)(1)–(3) defines 

the process, beginning on the singlesticker transition date, for vehicle 

owners to remit the vehicle emissions 

inspection fee as part of the annual 

vehicle registration fee collected by the 

Texas DMV. These changes to the rule 

add clarity and further refine the singlesticker program requirements. The 

revisions are approvable and consistent 

with federal law. 

Revisions to Section 114.82—Control 

Requirements include renumbering and 

the addition of the following text in 

Section 114.82(a)(2): ‘‘Beginning on the 

single sticker transition date, all 

applicable air pollution emission 

control-related requirements included 

in the annual vehicle safety inspection 

requirements administered by DPS as 

evidenced by a current valid registration 

insignia sticker affixed to the vehicle 

windshield or a current valid VIR 

[vehicle inspection report], or other 

form of proof authorized by the DPS.’’ 

Also, Section 114.84—Prohibitions 

includes revisions prohibiting the 

circumvention of the vehicle emissions 

I/M requirements and procedures 

contained in the Austin Area Early 

Action Compact Ozone SIP. These 

revisions strengthen the rule, are 

consistent with the Texas SIP, and are 

approvable. 

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69682 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 

11The TCEQ published the notice of the proposed 

revisions to the SIP for the June 11, 2015 submittal 

on December 5, 2014 (39 Tex. Reg. 9468) and 

published the final revision on May 15, 2015 (40 

Tex. Reg. 2670), finalizing the proposal without 

revision. In that rulemaking, Texas adopted 

amendments to other sections that are not 

submitted as revisions to the SIP. 

Section 114.87—Inspection and 

Maintenance Fees, Subsection (a), is 

revised to include text that states: ‘‘In 

Travis and Williamson counties 

beginning on the single sticker 

transition date, any emissions 

inspection station required to conduct 

an emissions test in accordance with 

Section 114.80 of this title must collect 

a fee not to exceed $11.50 for each onboard diagnostic and two-speed idle 

test.’’ Section 114.87(d) is revised as 

follows: ‘‘Effective on the single sticker 

transition date as defined in Section 

114.1 of this title in Travis and 

Williamson counties, vehicle owners 

shall remit $4.50 for motor vehicles 

subject to vehicle emissions inspections 

to the Texas Department of Motor 

Vehicles or county tax assessor-collector 

at the time of the annual vehicle 

registration as part of the vehicle 

emission inspection fee.’’ These 

revisions define the fees applicable in 

the Austin Area Early Action Compact 

area under the single-sticker program, 

are consistent with the Texas SIP, and 

are approvable. 

B. The June 11, 2015 Submittal 

The June 11, 2015 SIP narrative 

discusses how the LIRAP meets the 

above requirements, and we agree with 

the State’s analysis. Further explanation 

of our analysis of the adequacy of this 

submission with respect to I/M 

requirements can be found in the TSD 

for this action. The TCEQ had already 

finalized the revisions in the June 9, 

2015 SIP submittal to EPA described in 

Section III.A of this document, prior to 

finalizing the revisions in the June 11, 

2015 SIP submittal to EPA. Thus, the 

revisions in the June 11, 2015 submittal 

to EPA already included the changes 

that we described in Section III.A, and 

use that language as a starting point. 

On June 11, 2015, the State adopted 

revisions to 30 TAC Chapter 114, 

Control of Air Pollution from Motor 

Vehicles, Subchapter A, Definitions, 

Section 114.2; Subchapter C, Division 1: 

Vehicle Inspection and Maintenance, 

Section 114.53; and Subchapter C, 

Division 3: Early Action Compact 

Counties, Sections 114.87, and 

corresponding revisions to the SIP. The 

SIP revisions contain a revised 

narrative, rules, and supporting 

documentation as outlined in the 

requirements of the Federal I/M rules.11

Section 114.2 identifies and defines 

the terms used in Subchapter A for the 

I/M program. In Section 114.2, LIRAP, 

the acronym for the Low Income 

Vehicle Repair Assistance, Retrofit, and 

Accelerated Vehicle Retirement 

Program, is replaced with the full 

program title to be consistent with the 

title of the referenced subchapter and 

Texas Register requirements. In Section 

114.2 (12) ‘‘Related’’ is changed to 

‘‘Relating.’’ The revisions to Section 

114.2 are ministerial, and/or add 

clarification and are approvable. 

Section 114.53 details Inspection and 

Maintenance Fees in nonattainment 

areas. In Section 114.53(d) ‘‘as specified 

by the following requirements:’’ is 

deleted and a period is added after 

‘‘state’’; and in Section 114.53(d)(1) ‘‘the 

following requirements apply’’ is added 

after ‘‘El Paso County,’’ and the rest of 

the paragraph is deleted. These changes 

are ministerial, add clarification, are 

necessary for the additions to Section 

114.53 described below, and are 

therefore approvable. 

The submittal contains additional 

substantive changes to Section 114.53, 

Inspection and Maintenance Fees, that 

are later mirrored in Section 114.87. 

Section 114.53(d)(1), (2), and (3) are 

amended to more fully describe the 

LIRAP fee as it relates to the vehicle 

I/M programs in El Paso County and the 

DFW and HGB area counties. 

Subparagraphs are added to these 

subsections to explain remittance of 

I/M fees, including the LIRAP fee, for 

the following categories of counties: A 

county participating in the LIRAP, a 

participating county that is in the 

process of opting out of the LIRAP, and 

a county that is not participating in the 

LIRAP and is not subject to the LIRAP 

fee. 

The submittal deletes language from 

Section 114.53(d)(1) regarding the I/M 

fees for El Paso County in the event that 

it passed a resolution to participate in 

the LIRAP, and replaced it with ‘‘(1) In 

El Paso County, the following 

requirements apply.’’, and added new 

Sections 114.53(d)(1)(A), (B), and (C) 

which detail the I/M fees for El Paso 

County for the three LIRAP county 

categories outlined above. 

The submittal deletes language from 

Section 114.53(d)(2) regarding the I/M 

fees for DFW and the extended DFW 

program areas and replaced it with ‘‘(2) 

In the Dallas-Fort Worth and the 

extended Dallas-Fort Worth program 

areas, the following requirements 

apply.’’ and added new Sections 

114.53(d)(2)(A), (B), and (C) which 

detail the I/M fees for the DFW and the 

extended DFW program areas for the 

three county categories outlined above. 

The submittal deletes language from 

Section 114.53(d)(3) regarding the I/M 

fees for the HGB program area and 

replaced it with ‘‘(2) In the HoustonGalveston-Brazoria program area, the 

following requirements apply.’’ and 

added new sections 114.53(d)(3)(A), (B), 

and (C) which detail the I/M fees for 

HGB program area for the three county 

categories outlined above. 

Section 114.87 details I/M fees in 

Early Action Compact (EAC) areas. The 

submittal amends Section 114.87 to 

apply the same changes for 

nonattainment counties adopted in 

Section 114.53 to early action compact 

counties. Section 114.87(d)(1)(2) and (3) 

explains remittance of I/M fees, 

including the LIRAP fee, in a county 

participating in the LIRAP, a 

participating county that is in the 

process of opting out of the LIRAP, and 

a county that is not participating in the 

LIRAP and not subject to the LIRAP fee. 

Section 114.87(d)(1) includes the 

description of state LIRAP fees vehicle 

owners pay during vehicle registration 

in participating EAC counties. Section 

114.87(d)(2) describes the state fees 

vehicle owners pay during vehicle 

registration in participating EAC 

counties that are in the process of opting 

out of the LIRAP, and includes the 

LIRAP fee until the effective LIRAP fee 

termination date, after which state fees 

do not include the LIRAP fee. Section 

114.87(d)(3) describes the state fees 

vehicle owners pay during vehicle 

registration in non-participating EAC 

counties, which does not include the 

LIRAP fee. 

As stated previously, the LIRAP is not 

required by the CAA, but certain 

provisions relating to the program and 

program fees have been approved into 

the Texas SIP to allow for full 

implementation of the State’s I/M 

program and strengthen the SIP. The 

changes in the submittal to Sections 

114.53 and 114.87 provide further 

delineation and clarification regarding 

which parts of the fees are for LIRAP. 

We find the more detailed breakdown of 

the LIRAP fees in counties participating, 

in the process of opting out, and not 

participating in the LIRAP, approvable 

because they do not conflict with any 

federal requirement, and the LIRAP is 

voluntary. 

C. Section 110(l) 

Section 110(l) of the Act provides that 

a SIP revision must be adopted by a 

State after reasonable notice and public 

hearing. Additionally, section 110(l) 

states that the EPA cannot approve a SIP 

revision if that revision would interfere 

with any applicable requirement 

regarding attainment, reasonable further 

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Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 69683 

progress (RFP) or any other applicable 

requirement established in the CAA. 

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. The revisions related 

to the single vehicle registration insignia 

sticker implement legislative changes 

that may improve the enforcement and 

compliance aspects of the vehicle 

emissions inspection and maintenance 

program. These changes replace the 

sticker-based enforcement strategy with 

the preferred registration denial 

enforcement strategy, which improves 

the overall effectiveness of the program. 

This denial enforcement strategy has 

been in effect for more than one year 

now. These revisions do not interfere 

with applicable requirements 

concerning attainment and reasonable 

further progress or any other applicable 

requirement in the CAA. 

The revisions that create the new optout process for the LIRAP do not 

interfere with any applicable 

requirement in the CAA, because the 

LIRAP is not relied upon to meet any 

required component of the current SIP. 

Those counties that continue to 

participate in the LIRAP contribute to 

air quality improvements with the 

related LIRAP emission reductions. 

Even though fewer counties may be 

participating in the LIRAP due to the 

opt-out process, the revisions do 

enhance the current SIP by providing 

for additional rule clarification. 

IV. Final Action 

Pursuant to Sections 110 and 182 of 

the Act, EPA is approving, through a 

direct final action, revisions to the 

Texas SIP that were submitted on June 

9, 2015 and June 11, 2015. We are 

approving revisions to the following 

sections within Chapter 114 of 30 TAC: 

114.1, 114.2, 114.50, 114.53, 114.82–84, 

and 114.87. We evaluated the state’s 

submittals and determined that they 

meet the applicable requirements of the 

CAA. Also, in accordance with CAA 

section 110(l), the revisions will not 

interfere with attainment of the NAAQS, 

reasonable further progress, or any other 

applicable requirement of the CAA. 

EPA is publishing this rule without 

prior proposal because we view these as 

non-controversial amendments 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 December 6, 2016 

without further notice unless we receive 

relevant adverse comments by 

November 7, 2016. If we receive 

relevant adverse comments, we will 

publish a timely withdrawal of this 

direct final rulemaking in the Federal 

Register informing the public that the 

direct final 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 comments 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. 

V. Incorporation by Reference 

In this rule, we are finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, we are finalizing the 

incorporation by reference of the 

revisions to the Texas regulations as 

described in the Final Action section 

above. We have made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the EPA Region 6 office. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, 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, 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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, 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 as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). 

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. 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. 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 6, 2016. 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 

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69684 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 

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)). 

Samuel Coleman was designated the 

Acting Regional Administrator on 

September 30, 2016, through the order 

of succession outlined in Regional 

Order R6–1110.1, a copy of which is 

included in the docket for this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxides, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur Dioxide, Volatile 

organic compounds. 

Dated: September 30, 2016. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. In § 52.2270: 

■ a. In paragraph (c), the table entitled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended by revising 

entries for Sections 114.1, 114.2, 114.50, 

114.53, 114.82, 114.83, 114.84, and 

114.87. 

■ b. In paragraph (e), the second table 

entitled ‘‘EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Texas SIP’’ is amended 

by revising the entry for ‘‘Vehicle 

Inspection and Maintenance’’ and 

adding an entry at the end of the table 

for the ‘‘Austin Early Action Compact 

area Vehicle Inspection and 

Maintenance.’’ 

The revisions read as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State 

approval/ 

submittal date 

EPA approval date Explanation 

*******

Chapter 114 (Reg 4)—Control of Air Pollution from Motor Vehicles 

Subchapter A—Definitions 

Section 114.1 ............................... Definitions .................................... 2/12/2014 10/7/2016, [Insert Federal 

Register citation] 

Section 114.2 ............................... Inspection and Maintenance Definitions.4/29/2015 10/7/2016, [Insert Federal 

Register citation] 

* * * * * * * 

Subchapter C—Vehicle Inspection and Maintenance; Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle 

Retirement Program; and Early Action Compact Counties 

Division 1: Vehicle Inspection and Maintenance 

114.50 .......................................... Vehicle Emissions Inspection Requirements.2/12/2014 10/7/2016, [Insert Federal 

Register citation] 

* * * * * * * 

114.53 .......................................... Inspection and Maintenance 

Fees.

4/29/2015 10/7/2016, [Insert Federal 

Register citation] 

Division 3: Early Action Compact Counties 

*******

114.82 .......................................... Control Requirements .................. 2/12/2014 10/7/2016, [Insert Federal 

Register citation] 

114.83 .......................................... Waivers and Extensions .............. 2/12/2014 10/7/2016, [Insert Federal 

Register citation] 

114.84 .......................................... Prohibitions .................................. 2/12/2014 10/7/2016, [Insert Federal 

Register citation] 

* * * * * * * 

114.87 .......................................... Inspection and Maintenance 

Fees.

4/29/2015 10/7/2016, [Insert Federal 

Register citation] 

* * * * * * * 

* * * * * (e) * * * 

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Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 69685 

1 ‘‘Guidance on Infrastructure State 

Implementation Plan (SIP) Elements under Clean 

Air Act Sections 110(a)(1) and 110(a)(2),’’ 

Memorandum from Stephen D. Page, September 13, 

2013. 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or 

non-attainment area 

State 

submittal/effective date EPA approval date Comments 

*******

Vehicle Inspection and Maintenance.Dallas-Fort Worth, El Paso 

County and Houston-Galveston-Brazoria.

6/11/2015 10/7/2016, [Insert Federal 

Register citation] 

* * * * * * * 

Austin Early Action Compact 

area Vehicle Inspection and 

Maintenance.

Travis and Williamson Counties 6/11/2015 10/7/2016, [Insert Federal 

Register citation] 

* * * * * 

[FR Doc. 2016–24205 Filed 10–6–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0953; FRL–9952–76– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Infrastructure Requirements for 

Consultation With Government 

Officials, Public Notification and 

Prevention of Significant Deterioration 

and Visibility Protection for the 2008 

Ozone and 2010 Nitrogen Dioxide 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

State Implementation Plan (SIP) 

submittals from the State of Texas 

pertaining to Clean Air Act (CAA) 

section 110(a)(2)(J): Consultation with 

Government Officials, Public 

Notification, and Prevention of 

Significant Deterioration and Visibility 

Protection for the 2008 Ozone (O3) and 

2010 Nitrogen Dioxide (NO2) National 

Ambient Air Quality Standards 

(NAAQS). These submittals address 

how the existing SIP provides for 

implementation, maintenance, and 

enforcement of the 2008 O3 and 2010 

NO2 NAAQS (infrastructure SIPs or 

i-SIPs). These i-SIPs ensure that the SIP 

is adequate to meet the State’s 

responsibilities under the CAA. This 

direct final rule and the accompanying 

proposal will complete the rulemaking 

process started in our February 8, 2016, 

proposal, approve Section 110(a)(2)(J), 

and confirm that the SIP has adequate 

infrastructure to implement, maintain 

and enforce this section of the CAA 

with regard to the 2008 O3 and 2010 

NO2 NAAQS. 

DATES: This rule is effective on 

December 6, 2016 without further 

notice, unless the EPA receives relevant 

adverse comment by November 7, 2016. 

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–2012–0953, at http://

www.regulations.gov or via email to 

fuerst.sherry@epa.gov. Follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. 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. 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 Sherry Fuerst, 

(214) 665–6454, fuerst.sherry@epa.gov. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov 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). 

FOR FURTHER INFORMATION CONTACT: 

Sherry Fuerst, 214–665–6454, 

fuerst.sherry@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Ms. Fuerst or Bill 

Deese at 214–665–7253. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means EPA. 

I. Background 

On March 12, 2008, EPA revised the 

levels of the ozone (hereafter the 2008 

O3) NAAQS (73 FR 16436, March 27, 

2008). Likewise, on January 22, 2010, 

we revised the nitrogen dioxide NAAQS 

(hereafter the 2010 NO2) (75 FR 6474, 

February 9, 2010). The CAA requires 

states to submit, within three years after 

promulgation of a new or revised 

standard, SIPs meeting the applicable 

‘‘infrastructure’’ elements of sections 

110(a)(1) and (2). We issued guidance 

addressing the i-SIP elements for 

NAAQS.1 One of these applicable 

infrastructure elements, CAA section 

110(a)(2)(J), requires the SIP must meet 

the following three CAA requirements: 

(1) Section 121, relating to interagency 

consultation regarding certain CAA 

requirements; (2) section 127, relating to 

public notification of NAAQS 

exceedances and related issues; and (3) 

prevention of significant deterioration of 

air quality and visibility protection. 

The Texas Commission on 

Environmental Quality submitted i-SIP 

demonstrations of how the existing 

Texas SIP meets the requirements of the 

2010 NO2 NAAQS on December 7, 2012, 

and for the 2008 O3 NAAQS on 

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