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Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Proposed Rules
Dated: February 22, 2021.
Deborah Jordan, Acting Regional Administrator, Region IX.

For the reasons stated in the preamble, the Environmental Protection Agency proposes to amend chapter I, title 40, of the Code of Federal Regulations as follows:
PART 49INDIAN COUNTRY: AIR
QUALITY PLANNING AND
MANAGEMENT
1. The authority citation for part 49
continues to read as follows:

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

Subpart LImplementation plans for tribesRegion IX
49.5513

Removed and Reserved
2. Remove and reserve 49.5513.

PART 52APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
3. The authority citation for part 52
continues to read as follows:

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

Subpart DArizona 52.145

Amended
4. Amend 52.145 by removing and reserving paragraph d.

FR Doc. 202104352 Filed 31521; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR06OAR20200713; FRL10020
73Region 6

Air Plan Approval; Texas; Revisions to the Texas Diesel Emissions Reduction Incentive Program Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

Pursuant to the Federal Clean Air Act CAA or the Act, the Environmental Protection Agency EPA
is proposing to approve a revision to the Texas State Implementation Plan SIP
that pertains to the Texas Diesel Emissions Reduction Incentive Program, submitted on August 13, 2020.
DATES: Written comments must be received on or before April 15, 2021.
ADDRESSES: Submit your comments, identified by Docket No. EPAR06
OAR20200713, at https
www.regulations.gov or via email to
jbell on DSKJLSW7X2PROD with PROPOSALS

SUMMARY:

VerDate Sep<11>2014

16:16 Mar 15, 2021

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young.carl@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 Carl Young, 2146656645, young.carl@epa.gov. 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-epadockets.
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: Carl Young, EPA Region 6 Office, Infrastructure and Ozone Section, 214
6656645, young.carl@epa.gov. Out of an abundance of caution for members of the public and our staff, the EPA Region 6 office will be closed to the public to reduce the risk of transmitting COVID
19. We encourage the public to submit comments via https
www.regulations.gov, as there will be a delay in processing mail and no courier or hand deliveries will be accepted.
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 wherever we, us, or our is used, we mean the EPA.
I. Background Section 110 of the CAA requires states to develop and submit to the EPA a SIP
to ensure that state air quality meets National Ambient Air Quality Standards NAAQS. These ambient standards currently address six criteria pollutants:
Carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and
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sulfur dioxide. Each federally-approved SIP protects air quality primarily by addressing air pollution at its point of origin through air pollution regulations and control strategies. The EPA
approved SIP regulations and control strategies are federally enforceable.
An Economic Incentive Program EIP
is a program that uses market-based strategies to reduce emissions of air pollutants.1 The Texas Diesel Emissions Reduction Incentive Program DERIP
for On-Road and Non-Road Vehicles is part of the Texas Emissions Reduction Program TERP that was established by the Texas Legislature in 2001 and approved in the Texas SIP as an economic incentive program 70 FR
48647, August 19, 2005. DERIP
provides grants to eligible individuals, businesses, or local governments to reduce emissions from diesel-powered vehicles and equipment in areas designated as nonattainment for a NAAQS or other counties identified by the Texas Legislature.2
In 2019 the Texas Legislature revised the eligibility requirements for DERIP.
As a result, the Texas Commission on Environmental Quality TCEQ revised the DERIP regulations found in Title 30, Chapter 114 Control of Air Pollution from Motor Vehicles of the Texas Administrative Code 30 TAC 114. The revisions were adopted on June 10, 2020
and submitted to the EPA as a SIP
revision on August 13, 2020.
Specifically, the TCEQ revisions: 1
Changed the minimum required usage for grant-funded vehicles and equipment in the eligible area from 75%
to 55% 30 TAC 114.622, and 2
removed Victoria County from the list of counties eligible for DERIP grants 30
TAC 114.629. A copy of the SIP
revision submitted to EPA is available in the electronic docket for this action.
II. The EPAs Evaluation We approved DERIP regulations into the Texas SIP in 2005 70 FR 48647, August 19, 2005. More recently, we approved updates to DERIP regulations in 2018 83 FR 50018, October 4, 2018.
This SIP revision further updates DERIP
regulations. The effect of this update is to: 1 Allow more diesel vehicles and equipment in nonattainment areas or 1 For more information on EIPs see Improving Air Quality with Economic Incentive Programs, EPA452/R01001, January 2001, available at https www.epa.gov/sites/production/files/201507/documents/eipfin.pdf.
2 For more information on TERP and DERIP
please see Texas Emissions Reduction Plan Biennial Report 20192020, Report to the 87th Texas Legislature, December 2020, SFR079/20.
The document is available at: https
www.tceq.texas.gov/assets/public/comm_exec/
pubs/sfr/079-20.pdf.

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