[Federal Register Volume 61, Number 54 (Tuesday, March 19, 1996)]
[Rules and Regulations]
[Pages 11142-11149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6466]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN56-1-7077a; FRL-5426-4]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana: Motor Vehicle Inspection and Maintenance
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: The U.S. Environmental Protection Agency (USEPA) is giving
full approval through a direct final action to a state implementation
plan (SIP) revision submitted on June 6, 1995 and September 28, 1995,
by the Indiana Department of Environmental Management (IDEM). This
revision provides for the adoption and implementation of an enhanced
motor vehicle emission inspection and maintenance (I/M) program in the
areas of Lake, Porter, Clark, and Floyd Counties. The Lake and Porter
County area is designated severe nonattainment for ozone and is
required to implement an enhanced I/M program. The Clark and Floyd
County area is designated moderate nonattainment for ozone and has
opted to implement enhanced I/M. These areas are required to attain the
National Ambient Air Quality Standards (NAAQS) as specified under the
Clean Air Act (Act) by 2007 and 1996, respectively. The implementation
of this important program in the areas stated above will reduce vehicle
emissions which contribute to the formation of urban smog in Indiana by
more than 4.5 tons per day. In the proposed rules section of this
Federal Register, USEPA is proposing approval of this I/M program and
SIP revision, and solicits public comments on the action. If adverse
comments are received on this direct final rule, USEPA will withdraw
this final rule and address these comments in a subsequent final rule
based on the proposed rule.
DATES: This final rule is effective on May 20, 1996 unless adverse or
critical comments are received by April 18, 1996. If the effective date
is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Copies of Indiana's I/M SIP submittal, and other documents
pertinent to this direct final rule are available at the following
address: U.S. Environmental Protection Agency, Region 5, Air and
Radiation Division, Regulation Development Branch, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Comments on this rule should be addressed to: J. Elmer Bortzer,
Chief, Regulation Development Section, Air Programs Branch (AR-18J),
United States Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Environmental
Engineer, Regulation Development Section, Air Programs Branch (AR-18J),
United States Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6061.
Anyone wishing to come to Region 5 offices should first contact
Francisco J. Acevedo.
SUPPLEMENTARY INFORMATION:
I. Introduction
Motor vehicles are significant contributors of volatile organic
compounds (VOC), carbon monoxide (CO), and nitrogen oxide (NOX)
emissions. The motor vehicle inspection and maintenance program is an
effective means of reducing these emissions. Despite improvements in
emission control technology in past years, mobile sources in urban
areas continue to remain responsible for roughly half of
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the emissions of VOC causing ozone, and most of the emissions of CO.
They also emit substantial amounts of nitrogen oxides and air toxics.
This is because the number of vehicle miles traveled has doubled in the
last 20 years to 2 trillion miles per year, offsetting much of the
technological progress in vehicle emission control over the same
period. Projections indicate that the steady growth in vehicle miles
will continue.
Under the Act, the USEPA is pursuing a three-point strategy to
achieve emission reductions from motor vehicles. The development and
commercialization of cleaner vehicles and cleaner fuels represent the
first two elements of the strategy. These developments will take many
years before cleaner vehicles and fuels dominate the fleet and
favorably impact the environment. This document deals with the third
element of the strategy, vehicle inspection and maintenance, which is
aimed at the reduction of emissions from the existing fleet by ensuring
that vehicles are maintained to meet the emission standards established
by USEPA. Properly functioning emission controls are necessary to keep
pollution levels low. The driving public is often unable to detect a
malfunction of the emission control system. While some minor
malfunctions can increase emissions significantly, they do not affect
drivability and may go unnoticed for a long period of time. Effective
I/M programs can identify excessive emissions and assure repairs. The
USEPA projects that sophisticated I/M programs such as the one being
implemented by Indiana will identify emission related problems and
prompt the vehicle owner to obtain timely repairs thus reducing
emissions.
The Act requires that certain areas which have not attained the
ozone NAAQS adopt either a ``basic'' or ``enhanced'' I/M program,
depending on the severity of the pollution and the population of the
area. Moderate ozone nonattainment areas, plus marginal ozone areas
with existing or previously required I/M programs in Census-defined
urbanized areas, fall under the ``basic'' I/M requirements. Basic and
enhanced I/M programs both achieve their objective by identifying
vehicles that have high emissions as a result of one or more
malfunctions, and requiring them to be repaired. An ``enhanced'' I/M
program covers more vehicles in operation in the fleet, employs
inspection methods which are better at finding high emitting vehicles,
and has additional features to better assure that all vehicles are
tested properly and effectively repaired. The Act directed USEPA to
establish a minimum performance standard for enhanced I/M programs. The
standard is based on the performance achievable by annual inspections
in a centralized test program. States have flexibility to design their
own program if they can show that their program is as effective as the
model program used in the performance standard. Naturally, the more
effective the program the more credit a State will get toward the
emission reduction requirement.
The USEPA and the States have learned a great deal about what makes
an I/M program effective since the Clean Air Act of 1977 first required
I/M programs. There are three major keys to an effective program:
(1) Given the advanced state of current vehicle design and
anticipated technology changes, the ability to accurately ``fail''
problem vehicles and ``pass'' clean ones requires improved test
equipment and test procedures;
(2) Comprehensive quality control and aggressive enforcement is
essential to assuring the testing is done properly;
(3) Skillful diagnostics and capable mechanics are important to
assure that failed cars are fixed properly.
These three factors are missing in most older I/M programs.
Specifically, the idle and 2500 RPM/idle short tests and anti-tamper
inspections used in these older I/M programs are not as effective in
identifying and reducing in-use emissions from the types of vehicles in
the current and future fleet. Also, covert audits by USEPA and State
agencies typically discover improper inspection and testing 50 percent
of the time in test-and-repair stations, indicating poor quality
control. Experience has shown that quality control at high-volume test
only stations is usually much better. And, finally, diagnostics and
mechanics training are often poor or nonexistent.
On November 5, 1992 (57 FR 52950), USEPA established a high-tech
emission test for high-tech cars. This I/M test, known as the IM240
test, is so effective that biennial test programs yield almost the same
emission reduction benefits as annual programs. The test can also
accurately measure NOX emissions where NOX is important to
address an ozone problem. Adding the pressure and purge test increases
the benefit even more, resulting in lower testing costs and consumer
time demands. The pressure test is designed to find leaks in the fuel
system, and the purge test evaluates the functionality of the vapor
control system. In addition, USEPA published additional changes to the
I/M rule in the Federal Register on September 18, 1995 (60 FR 48029),
in order to provide greater flexibility to states required to implement
I/M programs.
II. Background
The State of Indiana contains the Lake and Porter County area which
is classified as a severe nonattainment area for ozone, and the Clark
and Floyd County area which is classified as a moderate nonattainment
area for ozone. On June 6, 1995, IDEM submitted a complete SIP revision
request containing the I/M program. USEPA made a finding of
completeness in a letter dated June 9, 1995. This submittal includes
new I/M regulations adopted on April 5, 1995 by the Indiana Air
Pollution Control Board and documentation addressing required portions
of the Federal I/M rule. The rules were signed by Governor Bayh on June
20, 1995, and the final rules were published in the Indiana Register on
August 1, 1995. On September 28, 1995, IDEM submitted additional
documentation for the Indiana I/M SIP. Under IC 13-1-1 and 13-7-7, the
Air Pollution Control Board has the authority to adopt air pollution
regulations for the State under Title 326 Indiana Administrative Code.
The adopted regulation changes the current program in all four counties
from a basic I/M program to an enhanced I/M program. In addition to the
Indiana I/M rule, the State SIP submittal includes the Indiana I/M
Performance Standard Modeling Demonstration (August 30, 1995); State of
Indiana Request for Proposal #A305-2038 for the Indiana Department of
Environmental Management (December 14, 1993); Systems Control Inc.
Contract for Services with Amendments; Systems Control Inc. Proposed
Public Information Plan; Supplemental I/M State Implementation Plan
Document (September 27, 1995). USEPA summarizes the requirements of the
Federal I/M regulations as found in 40 CFR 51.350-51.373 and its
analysis of the state submittal below. Parties desiring additional
details on the Federal I/M regulation are referred to the November 5,
1992, Federal Register document (57 FR 52950) and 40 CFR 51.350-51.373.
III. EPA's Analysis of the Indiana, Enhanced I/M Program
As discussed above, section 182 of the Act requires that states
adopt and implement updated regulations for I/M programs in moderate
and above ozone nonattainment areas. The following sections of this
document summarize the requirements of the Federal I/M regulations and
address whether the
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elements of the State's submittal comply with the Federal rule.
Applicability--40 CFR 51.350
Under the requirements of the Act, basic I/M programs are required
in a number of areas classified as moderate nonattainment for ozone. In
Indiana, these areas are: Clark and Floyd Counties. In addition, areas
classified as serious and above are required to implement an enhanced
I/M program. In Indiana, these are Lake and Porter Counties. The
Indiana submittal contains the legal authority and regulations
necessary for IDEM to establish the program boundaries and operate an
enhanced I/M program in all four counties cited above. 326 IAC 13-1.1
specifies that the geographic boundaries of the program in each area
are county-wide. The program boundaries described in the Indiana
submittal meet the Federal I/M requirements under Section 51.350 and
are approvable. The Federal I/M regulation requires that state programs
not lapse prior to the time they are no longer needed. USEPA believes
that a program that does not lapse prior to the attainment deadline for
each applicable area would meet this requirement. The attainment date
for the Clark and Floyd County nonattainment area is November 15, 1996,
and the attainment date for the Lake and Porter County nonattainment
area is November 15, 2007. The State I/M regulation contained in the
Indiana submittal allows for implementation of the program through the
attainment date for each of the areas listed above, and is therefore
approvable.
Enhanced I/M Performance Standard--40 CFR 51.351
The enhanced I/M program must be designed and implemented to meet
or exceed a minimum performance standard, which is expressed as
emission levels in area-wide average grams per mile (gpm) for certain
pollutants. The performance standard shall be established using local
characteristics, such as vehicle mix and local fuel controls, and the
following model I/M program parameters: network type, start date, test
frequency, model year coverage, vehicle type coverage, exhaust emission
test type, emission standards, emission control device, evaporative
system function checks, stringency, waiver rate, compliance rate and
evaluation date. The emission levels achieved by the state's program
design shall be calculated using the most current version, at the time
of submittal, of the USEPA mobile source emission factor model. At the
time of the Indiana submittal, the most current version was MOBILE5a.
Areas shall meet or exceed the performance standard for the pollutants
which cause them to be subject to I/M requirements. In the case of
ozone nonattainment areas, the performance standard must be met for
both nitrogen oxides (NOX) and volatile organic compounds (VOCs).
The Indiana submittal includes the following program design
parameters: centralized test only network; January 1, 1996 start date;
biennial frequency; 1976 and newer model year coverage; Vehicle type
include LDGV, LDGT1, LDGT2 up to 9,000 pounds; IM240 for 1981 and newer
vehicles, and Idle for 1976 through 1980 vehicles; four element visual
inspection; purge test on 1981 and newer vehicles; pressure test on
1976 and newer vehicles; stringency rate will be 20 percent for 1980
and older vehicles; waiver rate will be 3 percent and a 95 percent
compliance rate for Clark and Floyd Counties and 96 percent compliance
rate for Lake and Porter Counties.
The Indiana program design parameters meet the Federal I/M
regulations and are approvable. The emission levels achieved by the
State, for each area, were modeled using MOBILE5a. The modeling
demonstration was performed correctly, using local characteristics
where available and it demonstrated that the program design will meet
the enhanced I/M performance standard, expressed in gpm, for VOCs and
NOX for each milestone and for the attainment deadline. The
modeling demonstration is approvable.
Network Type and Program Evaluation--40 CFR 51.353
The two Indiana ozone nonattainment areas required to implement an
I/M program will be implementing an enhanced I/M program. In both areas
a single contractor, Systems Control, Inc., will operate a test-only
centralized network for inspections and reinspection. All vehicles
included in the emission reduction demonstration will be tested by the
contractor in centralized I/M test facilities. The contract specifies
that the contractor is barred from involvement in motor vehicle-related
business with the exception of vehicle testing equipment fabrication
and sales. The Indiana I/M program plan calls for IDEM to institute an
ongoing evaluation of the enhanced I/M program consistent with USEPA
regulations to quantify the emissions reductions benefits of the
program to verify that it is meeting the requirements of the Act. The
evaluation will consist of monitoring the performance of IM240 on a
random, representative sample of at least 0.1 percent of the vehicles
subject to inspection and covering 1981 and later vehicles. Evaporative
system purge (1981 and newer vehicles) and pressure tests (1976 and
newer vehicles) will be performed on those vehicles subject to the test
requirements. The State's plan describes the manner in which the State
will perform the evaluation: using IDEM auditors, visiting each lane at
every station quarterly, choosing vehicles at random at different times
of the day, performing calibration checks, and ensuring the selected
vehicles represent the fleet mix in the test area. Data will be
collected as part of the regular data collection system for routine
testing. IDEM will submit biennial reports on the results of the
evaluations. The reports will assess whether the program is meeting the
emission reduction target. The State's submittal meets the network type
and program evaluation requirements in the Federal I/M rules.
Adequate Tools and Resources--40 CFR 51.354
The Federal regulation requires states to demonstrate that adequate
funding of the program is available. Reliance on funding from a state
or local General Fund is not acceptable unless doing otherwise would be
a violation of the State's Constitution. The SIP shall include a budget
plan which describes the source of funds for personnel, program
administration, program enforcement, and purchase of equipment. The SIP
shall also detail the number of personnel dedicated to the quality
assurance program, data analysis, program administration, enforcement,
public education and assistance and other necessary functions. Indiana
has entered into a contract for services with Systems Control, Inc. to
conduct enhanced I/M testing in Lake, Porter, Clark, and Floyd
Counties. This contract has a ten-year duration. During the first two
years of the program, Indiana intends to use $6.8 million in Congestion
Mitigation and Air Quality funds and $4.2 million in State funds to
operate the program. The submittal demonstrates that sufficient funds,
equipment and personnel have been appropriated to meet program
operation requirements. The State's submittal meets the adequate tools
and resources requirements set forth in the Federal I/M regulations.
Test Frequency and Convenience--40 CFR 51.355
The enhanced I/M performance standard assumes an annual test
frequency; however, other schedules may be approved if the performance
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standard is achieved. The SIP shall describe the test year selection
scheme and shall include the legal authority, regulations, or contract
provisions necessary to implement and enforce the test frequency
requirement. The program shall be designed to provide convenient
service to motorists by ensuring short waiting times, short driving
distances and regular testing hours. The Indiana enhanced I/M
regulation provides for a biennial test frequency for all subject
vehicles. New vehicles are exempt from testing the first year. Based on
the performance standard modeling provided by the State, the enhanced
I/M program meets the performance standard accounting for biennial test
frequency. For re-registration the vehicles are placed back into the
testing cycle according to their vehicle identification number (VIN).
In Indiana's biennial program if the last three digits of the VIN are
from 000 to 495, or if the VIN contains any letters in place of the
last three digits, such vehicles will be tested in even-numbered
calendar years. If the last three digits of the VIN are from 496 to
999, such vehicles will be tested in odd-numbered calendar years. Used
vehicles that are not currently registered in the four subject counties
must be tested and receive a valid emission test certificate prior to
registration in the subject counties. The State plan specifies that
test facilities are located such that eighty (80) percent of all
motorists in urban areas do not have to drive more than five (5) miles
to a test facility, and ninety-six (96) percent in urban areas will not
have to drive more than twelve (12) miles. The I/M contract specifies
at least fifty-four (54) hours of operation of a test facility per
week. These provisions are approvable.
Vehicle Coverage--40 CFR 51.356
The performance standard for enhanced I/M programs assumes coverage
of all 1968 and newer model year light duty vehicles and light duty
trucks up to 8,500 pounds gross vehicle weight rating (GVWR), and
includes vehicles operating on all fuel types. Other levels of coverage
may be approved if the necessary emission reductions are achieved. The
Indiana I/M program requires coverage of all 1976 and newer gasoline
powered light duty passenger cars, light duty trucks up to 9,000 pounds
GVWR. The Indiana Bureau of Motor Vehicles (IBMV) data available on the
current fleet does not include vehicles owned by the U.S. General
Services Administration or the U.S. Post Office. These government
vehicles are required to be tested but are not currently part of the
State data base. IDEM is working with these organizations to establish
a testing routine and schedule for these vehicles, which are not
presently licensed by the IBMV. The Indiana program exempts vehicles
older than model year 1976, motor cycles, vehicles over 10,000 pounds,
and diesel-fueled vehicles, electric vehicles, farm vehicles, and
recreational vehicles. USEPA agrees with the State that these vehicles
do not make up a significant portion of the total motor vehicle fleet
in the tested area and most are not included in the modeling for the
performance standard. Additional information and other statistical
information regarding the fleet, required to manage the program, will
become available following the first test cycle. This section is
approvable.
Test Procedures and Standards--40 CFR 51.357
Written test procedures and pass/fail standards are required to be
established and followed for each model year and vehicle type included
in the program. Federal test procedures and standards are found in 40
CFR 51.357 and in the draft USEPA document entitled ``High-Tech I/M
Test Procedures, Equipment Standards, Quality Control Requirements, and
Equipment Specifications'', EPA-AA-EPSD-IM-93-1, finalized in April
1994. IDEM has the authority to establish test procedures according to
the needs of the program. The Indiana submission requires the
contractor to develop and maintain written up-to-date procedures which
correspond to the USEPA recommended test procedures. All applicable
1981 and newer vehicles will be subject to an IM240 test that includes
the purge and pressure test. All applicable 1976 through 1980 vehicles
will be subject to a BAR90 single-speed idle test that includes the
pressure test. The IM240 test will include a fast-pass algorithm. All
vehicles will be tested in an as-received condition and vehicle owners
will have an opportunity to view the test from an area at the test site
that affords an unobstructed view. Each vehicle will be inspected prior
to the emissions test and rejected from testing if any unsafe condition
exists or if the exhaust is leaking or missing. In the event of an
emission failure of any kind, all components are retested after
repairs. These provisions are approvable.
Test Equipment--40 CFR 51.358
The Federal regulation requires computerized test systems for
performing any measurement on subject vehicles. IDEM lists the details
of the technical specification of the test equipment in the Indiana
SIP, and makes reference to the requirements of the Federal regulations
and the technical guidance document. Computerized test systems are
required for performing any measurements on subject vehicles. According
to the requirements in the SIP, these systems must conform to Federal
requirements. Each of the State's test lanes shall be equipped with a
dynamometer, constant volume sampler, non-dispersive infrared analyzers
to measure carbon monoxide, carbon dioxide, and hydrocarbons, and an
analyzer for measuring NOx, and pressure and purge test equipment.
All of this equipment must pass an acceptance test before it is
approved by the State. All test systems will be linked by a real-time
data link in order to prevent unauthorized multiple initial tests on
the same vehicle in the same test cycle. These provisions are
approvable.
Quality Control--40 CFR 51.359
Quality control measures shall ensure that emission measurement
equipment are calibrated and maintained properly, and that inspection,
calibration records, and control charts are accurately created,
recorded and maintained. IDEM prepared the I/M contract to require the
contractor to develop and implement a quality assurance/quality control
plan which complies with 40 CFR 51.359. The Indiana SIP states that the
contractor's quality control procedures shall ensure that emission
measurement equipment are properly calibrated and maintained. Analyzers
will automatically record quality control check information, lockouts,
attempted tampering, and any other recordable circumstances that impact
quality control. These provisions are approvable.
Waivers and Compliance Via Diagnostic Inspection--40 CFR 51.360
The I/M program allows the issuance of a waiver, which is a form of
compliance with the program requirements, that allows a motorist to
comply without meeting the applicable test standards, as long as the
prescribed criteria are met. The State program plan contains elements
in this section which generally follow the waiver issuance criteria
listed in the Federal I/M regulation. In modeling the emission
reduction benefits, Indiana used MOBILE5a and assumed a maximum waiver
rate of 3 percent for 1980 and older model year vehicles and 3 percent
for 1981 and newer vehicles. In the event the actual waiver rate
exceeds the planned maximum used for estimating the emission reduction
benefit, the State will remodel to assess the emission
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reduction benefits based on the actual waiver rate. The Indiana I/M
rule provides the authority to issue waivers, set and adjust cost
limits, and administer the waiver system. Following a test failure, the
subsequent reinspection must show that the minimum waiver limit amount
has been spent on emission related repairs. A vehicle is eligible for a
waiver when proof is provided that the vehicle has received all repairs
and adjustments for which it is eligible under any emissions
performance warranty. The costs associated with repair of any tampering
is not considered valid toward a waiver. When proof is provided to the
inspection station manager that appropriate repairs have been performed
on the vehicle, such vehicle will be eligible for a waiver. The
inspection station manager is responsible for verifying repairs and
reviewing repair receipts. The station managers are authorized to
determine waiver eligibility. Waivers are valid for one (1) year and
are not renewable. The minimum expenditure made on emission repairs in
Clark and Floyd Counties is seventy-five ($75) dollars for 1980 and
older vehicles and two-hundred ($200) dollars for 1981 and newer. While
the Clean Air Act requires a minimum waiver repair expenditure for
enhanced I/M programs of $450, basic areas such as the Clark and Floyd
county areas which are opting up to enhanced I/M do not have to meet
this requirement. In order to qualify for a waiver in the Lake and
Porter Counties, motorists with 1981 model year or newer vehicles shall
spend at least three hundred dollars in repairs between January 1,
1996, and December 31, 1998; and at least four hundred fifty dollars in
repairs on or after January 1, 1999. Beginning in January 1, 2000, IDEM
shall adjust the four hundred fifty dollar minimum expenditure in
January of each year by the percentage, if any, by which the Consumer
Price Index (CPI) for the preceding calendar year differs from the CPI
for 1989. Motorists in Lake and Porter County with 1980 model year or
older vehicles shall expend at least seventy-five dollars in repairs.
The State allows exemptions to the inspection requirement and
extensions if a vehicle is undergoing extensive repair at the time of
its registration or registration renewal. The requirements for an
extension or exemption are sufficient to allow the State full
understanding of the need by the consumer for the extension or
exemption, and places a burden on the consumer to prove to the State
that such an extension or exemption is needed. The Federal I/M rules
also allow the use of compliance via diagnostic inspection following
repairs after a test failure. The State of Indiana has chosen to allow
compliance via diagnostic repair. These provisions are approvable.
Motorist Compliance Enforcement--40 CFR 51.361
The Federal regulations require the use of registration denial to
ensure compliance with the requirements of the I/M program. IDEM, along
with the IBMV, will continue to implement a registration denial
enforcement program. Vehicle owners who do not renew vehicle
registrations, and continue to drive an unregistered vehicle in the
State, will be subject to enforcement action by any law enforcement
officer in the State. Local governments are responsible for
establishing policies for the mandatory fines of all traffic violations
including failing to comply with registration requirements. Owners of
all vehicles registered in the State are required to affix stickers to
the upper portion of the license plate. These stickers identify the
month and year of the registration renewal date. If an owner or driver
fails to comply with I/M or registration requirements, he or she will
be unable to legally drive that automobile and will be subject to
enforcement action. In the I/M SIP, Indiana commits to the level of
motorist enforcement necessary to ensure a compliance rate of no less
than 96 percent among subject vehicles in Lake and Porter Counties and
95 percent in Clark and Floyd counties. If it is determined as part of
the required program evaluation that the I/M program is not meeting the
compliance rate, Indiana commits to investigating the problem and
instituting changes to improve the compliance rates. These provisions
are approvable.
Motorist Compliance Enforcement Program Oversight--40 CFR 51.362
The Federal I/M regulation requires that the enforcement program
shall be audited regularly and shall follow effective program
management practices, including adjustments to improve operation when
necessary. The SIP shall include quality control and quality assurance
procedures to be used to insure the effective overall performance of
the enforcement system. An information management system shall be
established to characterize, evaluate and enforce the program. The
legal authority for the implementation of an I/M program is found in
Indiana Environmental Statutes IC 13-1-1 and 13-7-7. These statutes
provide the authority necessary to develop and implement the
enforcement program oversight element of the I/M program. Specific
operation of this aspect of the program is contained in 326 IAC 13-1.1-
3. Program oversight shall be accomplished by IDEM staff using two
oversight personal computers located at IDEM. The information base for
the enforcement program is assured through the use of trackable serial
numbers and test lane and inspector identifiers, such that responsible
personnel can be identified. Program software precludes any duplicate
initial inspections being conducted. Follow-up of exempt vehicles and
exemption-triggering registration changes will be done through periodic
program documentation audits. These provisions are approvable.
Quality Assurance--40 CFR 51.363
An ongoing quality assurance program shall be implemented to
discover, correct and prevent fraud, waste, and abuse in the program.
The program shall include covert and overt performance audits of the
inspectors, audits of station and inspector records, equipment audits,
and formal training of all State I/M enforcement officials and
auditors. A description of the quality assurance program which includes
written procedure manuals on the above discussed items must be
submitted as part of the SIP.
Both 326 IAC 13-1.1-16 and the I/M contract with Systems Control,
Inc., include provisions necessary to develop and implement the quality
assurance element of the I/M program. Overt audits shall include a
check of document security; recordkeeping practices; licenses,
certificates and required display information; observation and written
evaluation of each inspector's ability to perform the test procedure;
and, a quality control evaluation of test equipment. Test records will
be reviewed electronically once a month by station to flag
statistically inconsistent or improbable results. The program shall
conduct yearly covert audits based upon the number of inspectors
participating in the program. Additional covert audits may be conducted
as necessary for suspected problem sites. Covert vehicles will be set
to fail various aspects of the inspection so as to reflect the full
range of technology and malfunction types based upon procedures
established for audits. These provisions are approvable.
Enforcement Against Contractors, Stations and Inspectors--40 CFR 51.364
The Federal I/M regulation requires the establishment of minimum
penalties for violations of program rules and
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procedures which can be imposed against stations, contractors and
inspectors. Senate Enrolled Act No. 285 amended the Indiana
Administrative Code and gives IDEM authority to enter into a contract
to implement and maintain an inspection and maintenance program. This
contract allows the State to impose penalties when violations occur
that adversely affect the operation of the inspection network. The
contract lists a variety of rules infractions, which will be used for
violations discovered at an inspection facility as a result of overt
and covert audits conducted by IDEM staff. Penalties range from
monetary fines to termination of employment and breach of contract
depending on the violation. Under 326 IAC 13.1.1-15, in cases of
inspector incompetence, IDEM may suspend, revoke, or deny renewal of an
inspector's state certification. All warnings, fines, suspensions,
revocations, and notices of violation will be recorded as enforcement
activities. An Enforcement Activity Summary Report will be compiled and
submitted to USEPA annually. These provisions of the Indiana submittal
are approvable.
Data Collection--40 CFR 51.365
In order to manage, evaluate and enforce the program requirements,
an effective I/M program requires accurate data collection. The Indiana
I/M program requires the contractor to design the program to include
all of the elements of data collection listed in the Federal rule and
326 IAC 13-1.1-14. The contractor is also required to conduct quality
control checks and report data from those checks. This section of the
Indiana submittal is approvable.
Reporting--40 CFR 51.366
Data analysis and reporting are required in order to monitor and
evaluate the program by the State and the USEPA. The Federal rule
requires annual reports submitted to the USEPA following a performance
period by a specific time. The Indiana I/M program requires the
contractor to provide the information to the State in order to meet the
submittal requirements of the Federal rule. Beginning July 1, 1997, and
annually thereafter, the State of Indiana shall report summary data
based upon program activities taking place from January through
December of the previous year. This report will provide statistics for
the testing program, the quality control program, the quality assurance
program, and the enforcement program. In the I/M SIP, the State commits
to address any appropriate data elements listed in 40 CFR 51.366.
Beginning July 1, 1999, and biennially thereafter, Indiana will report
on all changes made in the program design, funding, personnel levels,
procedures, regulations, and legal authority, and will outline the
impact of such changes upon the program. The report will also discuss
any weakness or problems discovered in the program over the previous
two-year period, as well as the steps that were taken to address those
problems, the result of those corrective actions, and any future
efforts planned. These provisions of the Indiana submittal are
approvable.
Inspector Training and Licensing or Certification--40 CFR 51.367
The Federal I/M regulation requires all inspectors to be formally
trained and licensed or certified to conduct inspections. The Indiana
I/M regulation (326 IAC 13-1.1-15) requires all inspectors to receive
formal training, be certified, and renew their certification at least
every two years. In order to be licenced by the State, an inspector
shall be required to pass an examination developed by the State in
conjunction with the contractor, which shall include both written and
practicum sections. Curricula shall include, but will not be limited
to, the following: emission testing program orientation, State
policies, vehicle emissions and standards, inspection and facility
operations procedures, customer service, and complaint handling. This
provision meets the Federal I/M regulation requirements for inspector
training and certification and is approvable.
Public Information and Consumer Protection--40 CFR 51.368
The Federal I/M regulation requires the SIP to include a public
information and consumer protection program. IDEM assigned some public
awareness efforts to the contractor with state oversight. These efforts
include the operation of a hot-line to be used by the public for (but
not limited to) general information, inquiries on inspection facility
hours, queuing times and, complaints. In addition, the contractor will
develop and distribute general information brochures on the emission
testing program to the public in the program area. Brochures will
include discussions of potential fuel savings, tampering, fuel
switching and vehicle warranties. The contractor will also work with
the Indiana Vocational Technical College (Ivy Tech) public relations
personnel in order to provide a smooth transition of the I/M inspection
program during the period where Ivy Tech's involvement is phased out
and the contractor becomes involved. The public information and
consumer protection programs contained in the SIP submittal meets the
Federal regulations and are approvable.
Improving Repair Effectiveness--40 CFR 51.369
Effective repairs are the key to achieving program goals. The
Federal regulation requires States to take steps to ensure that the
capability exists in the repair industry to repair vehicles. The SIP
must include a description of the technical assistance program to be
implemented, a description of the procedures and criteria to be used in
meeting the performance monitoring requirements required in the Federal
regulation and, a description of the repair technician training
resources available in the community. Systems Control, Inc., will be
responsible for assisting repair facilities and technicians. A
technician hotline service will be provided by ASPIRE. This service is
a user friendly, diagnostic service for repair mechanics which will be
accessed by dialing a 1-900 phone number which has a cost to the
caller. The Indiana program will monitor the performance of individual
motor vehicle repair facilities, so the consumer has a choice of
locations to seek repairs. The repair statistics also will be available
to the repair facilities. The repair effectiveness program described in
the SIP submission meets the Federal regulation and is approvable.
Compliance with Recall Notices--40 CFR 51.370
States are required to establish a method to ensure that vehicles
subject to enhanced I/M and that are included in either a voluntary
emissions recall as defined at 40 CFR 85.1902(d), or in a remedial plan
determination made pursuant to section 207(c) of the Act, receive the
required repairs. IDEM, at the time of submittal, did not have a
specific plan developed but included provisions in its Request-for-
Proposal (RFP) for the contractor to follow to ensure subject vehicles
receive all required recall repairs. Emissions tests will not be
conducted on a vehicle that has an unresolved recall notice until all
of the work is done. Vehicles with unresolved recall work will be
identified as noncomplying by the contractor's system. An owner is
required to provide proof that the repairs have been performed before a
test is allowed. The contractor shall have the ability to resolve
situations where the repairs have been performed
[[Page 11148]]
but the database has not yet been updated. The State rule 326 IAC 13-
1.1-11 requires documented proof that the repairs have been performed.
The cost of these repairs are not counted toward the amount needed for
a waiver. Unresolved recall reports from the contractor to the State
are required on an annual basis. The State requires the contractor to
provide detailed information in the annual report sufficient for the
State to inform the USEPA of the status of operations of the program.
These provisions meet the Federal regulations and are approvable.
On-Road Testing--40 CFR 51.371
On-road testing is required in enhanced I/M areas. The use of
either remote sensing devices (RSD) or roadside pullovers, including
tailpipe emission testing, can be used to meet the Federal regulations.
The program must include on-road testing of 0.5 percent of the subject
fleet or 20,000 vehicles, whichever is less, in the nonattainment area
or the I/M program area. Motorists that have passed an emission test
and are found to be high emitters as a result of a on-road test shall
be required to pass an out-of-cycle test. The Indiana I/M regulation
(326 IAC 13-1.1-12) requires on-road testing through the use of remote
sensing devices or roadside pullovers, including tailpipe emissions
testing. If a violation is detected the motorist shall be notified that
the vehicle is required to pass an out-of-cycle follow-up inspection at
a state facility. Penalty for noncompliance is suspension of the
motorist's vehicle registration. These provisions meet the Federal
regulations and are approvable.
State Implementation Plan Submissions--40 CFR 51.372-373
Indiana is currently in the process of implementing an enhanced I/M
program. The June 6, 1995 I/M SIP submittal and the September 28, 1995
additional documentation are fully approvable and contain all elements
meeting USEPA's I/M requirements. Such elements include: mobile
computer modeling which shows that the program meets the performance
standard, a description of the geographic area, a discussion of the
design elements included in the SIP, final copy of the legal authority,
regulation, final RFP, and a final, signed contract with Systems
Control, Inc. USEPA's review of the material indicates that the State
has adopted an enhanced I/M program in accordance with the requirements
of the Act.
IV. Comments and Approval Procedure
The USEPA is publishing this action without prior proposal because
the agency views this as a noncontroversial amendment and anticipates
no adverse public comments. However, in a separate document in this
Federal Register publication, the USEPA is proposing to approve the SIP
revision should adverse or critical comments be filed. This action will
be effective on May 20, 1996 unless, by April 18, 1996, adverse or
critical comments are received. If USEPA receives such comments, this
action will be withdrawn before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be discussed in a subsequent final rule
based on the separate proposed rule. The USEPA will not institute a
second comment period for this action. Any parties interested in
commenting on this action should do so at this time. If no such
comments are received, the public is advised that this action will be
effective on May 20, 1996.
Final Action
USEPA is approving this revision to the Indiana SIP for an enhanced
I/M program. The Agency has reviewed this request for revision of the
Federally-approved SIP for conformance with the provisions of the 1990
Amendments enacted on November 15, 1990. The Agency has determined that
this action conforms with those requirements. Under section 307(b)(1)
of the Act, 42 U.S.C. 7607(b)(1), petitions for judicial review of this
action must be filed In the United States Court of Appeals for the
appropriate circuit by May 20, 1996. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for 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) of the Act, 42 U.S.C. 7607
(b)(2).) The Office of Management and Budget has exempted this rule
from the requirements of section 6 of Executive Order 12866.
Precedental Effect
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any State implementation plan. Each request for revision to the State
implementation plan shall be considered separately in light of specific
technical, economic, and environmental factors and in relation to
relevant statutory and regulatory requirements.
Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, USEPA 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-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000. SIP approvals under 110 and subchapter I, Part D of the CAA 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 a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Act forbids USEPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. 7410(a)(2) and 7410(k)(3).
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, USEPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, or tribal governments in the aggregate. USEPA's final action
does not impose any federal intergovernmental mandate, as defined in
section 101 of the Unfunded Mandates Act, upon the State. To the extent
that the rules being approved by this action will impose any mandate
upon the State, local, or tribal governments, or upon the private
sector, EPA's action will impose no new requirements; such sources are
already subject to these regulations under State law.
Accordingly, no additional costs to State, local, or tribal
governments, or to the private sector, result from this action. For
these reasons, USEPA has determined that this final action does
[[Page 11149]]
not include a 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Ozone, Reporting and record-
keeping requirements.
Dated: January 26, 1996.
Valdas V. Adamkus,
Regional Administrator.
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. 7401-7671q.
Subpart P--Indiana
2. Section 52.770, is amended by adding paragraph (c)(102) to read
as follows:
Sec. 52.770 Identification of plan.
* * * * *
( c) * * *
(102) On June 6, 1995, and on September 28, 1995 the Indiana
Department of Environmental Management submitted State Implementation
Plan (SIP) revisions establishing an enhanced inspection and
maintenance (I/M) program in accordance with the requirements of the
Clean Air Act as amended in 1990. The new enhanced I/M program replaces
the basic I/M programs in operation in Lake, Porter, Clark, and Floyd
Counties. The Air Pollution Control Board adopted new rule 326 IAC 13-
1.1 and repealed existing 326 IAC 13-1, thereby putting in place a
revised I/M program.
(i) Incorporation by reference.
(A) 326 Indiana Administrative Code 13-1.1 adopted April 5, 1995,
effective October 1, 1995.
(ii) Other material.
(A) June 6, 1995 letter and enclosures from the Indiana Department
of Environmental Management (IDEM) Commissioner to the Regional
Administrator of the United States Environmental Protection Agency
(USEPA) submitting Indiana's revision to the ozone State Implementation
Plan (SIP).
(B) September 28, 1995 letter and enclosures from the IDEM
Assistant Commissioner to the Regional Administrator of USEPA
submitting supplemental vehicle inspection and maintenance SIP revision
information and documentation.
* * * * *
[FR Doc. 96-6466 Filed 3-18-96; 8:45 am]
BILLING CODE 6560-50-P
