[Federal Register Volume 61, Number 92 (Friday, May 10, 1996)]
[Proposed Rules]
[Pages 21404-21412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11758]
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[[Page 21405]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL102-1-6693; FRL-5503-9]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois: Motor Vehicle Inspection and Maintenance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve portions and to conditionally
approve other portions of a vehicle inspection and maintenance (I/M)
State Implementation Plan (SIP) revision submitted by the State of
Illinois on June 29, 1995, based on the State's April 22, 1996, letter
of commitment to submit certain items within one year of the final
conditional approval. This revision provides for the adoption and
implementation of an enhanced I/M program in both the Chicago severe
ozone nonattainment area and the East St. Louis moderate ozone
nonattainment area. Both 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. Illinois indicates that the
implementation of this important program in the two areas stated above,
will reduce vehicle emissions which contribute to the formation of
urban smog in Illinois by more than 38 tons per day. In support of the
proposed conditional approval of the SIP revision, the State has
submitted the State's Request-For-Proposals as supplemental information
to the SIP. In addition, the State has committed in an April 22, 1996,
letter to submit to EPA as supplemental information in support of the
SIP, the State's final I/M contract and any rules necessary to address
the requirements identified in the analysis section of this document.
DATES: Comments must be received on or before June 10, 1996.
ADDRESSES: Copies of Illinois' I/M SIP submittal, EPA's proposals and
rulemakings, and other documents pertinent to this proposed notice are
available at the following address: U.S. Environmental Protection
Agency, Region 5, Air and Radiation Division, Air Programs Branch, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Comments on this proposed 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 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 EPA 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, 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
EPA. 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
EPA projects that sophisticated I/M programs such as the one being
proposed in this rulemaking in Illinois will identify emission related
problems and prompt the vehicle owner to obtain timely repairs thus
reducing emissions.
The Act requires that polluted cities 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 EPA 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 programs 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 towards the emission reduction requirement. An effective
program will help to offset emissions associated with growth in vehicle
use and allow for industrial and/or commercial growth.
The EPA 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 for polluted areas. 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 are
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 current 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 EPA and State
agencies
[[Page 21406]]
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), EPA 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. The addition of the pressure and purge test
increases the benefit even more and results 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, EPA published changes to the I/M
rule in the Federal Register on October 18, 1995, (60 FR 48029) in
order to provide greater flexibility to States required to implement I/
M programs.
II. Background
The State of Illinois currently contains two ozone nonattainment
areas which are required to implement I/M programs in accordance with
the Act. The Chicago severe-17 ozone nonattainment area contains the
Chicago, Aurora, Crystal Lake, Elgin, Joliet, and Round Lake Beach-
McHenry urbanized areas. The Federal I/M rule requires the Chicago
urbanized area to implement an enhanced I/M program. Since the I/M rule
does not require enhanced I/M programs in severe urbanized areas with a
Census population of less than 200,000, the remaining five cities in
the Chicago nonattainment area will be required to implement only a
basic I/M program based on their 1990 Census-defined urbanized area
populations. The East St. Louis moderate ozone nonattainment area
contains the Illinois portion of the St. Louis and Alton urbanized
areas. Both areas are required to implement a Basic I/M program in the
nonattainment area. On June 29, 1995, IEPA submitted to EPA a SIP
revision for the implementation of an enhanced I/M program to cover
both the Chicago and the East St. Louis nonattainment areas. This
submittal includes the Vehicle Emissions Inspection Law of 1995 (625
ILCS 5/13B), P.A. 88-533, which became effective January 18, 1994. That
statute provides authority for IEPA to implement an enhanced I/M
program and meet EPA's requirements for such a program. P.A. 88-533
mandates enhanced I/M testing for the Metro-East area and certain
portions of the Chicago nonattainment area. In addition, the Illinois
submittal includes I/M regulations (R94-19 and R94-20) adopted on
December 1, 1994, by the Illinois Pollution Control Board (Board),
which include emissions standards based upon EPA's preferred IM240
loaded mode exhaust emissions standard. On December 23, 1994, the
amended rule for R94-20 was published in the Illinois State Register
and its effective date was December 12, 1994. On December 30, 1994, the
amended rule R94-19 was published in the Illinois Register and had an
effective date of December 14, 1994. On April 22, 1996, IEPA submitted
the State's I/M Request-For-Proposal as part of the Illinois SIP
submittal.
Under the Environmental Protection Act [415 ILCS 5 (1992)], the
Board has the authority to adopt air pollution regulations for the
State of Illinois. The adopted regulations and the legislation
submitted by Illinois changes the existing program from a basic I/M
program to a fully enhanced I/M program in both of Illinois' ozone
nonattainment areas. EPA 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 notice (57 FR 52950), or 40 CFR 51.350-51.373.
III. EPA's Analysis of the Illinois, 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
notice summarize the requirements of the Federal I/M regulations and
address whether the elements of the State's submittal comply with the
Federal rule.
Applicability 40 CFR 51.350
Section 182(c)(3) of the Act and 40 CFR 51.350(a) require States
which contain areas classified as serious or worse ozone nonattainment
and containing metropolitan statistical areas (MSAs) with a population
of 200,000 or more to implement an enhanced I/M program. As noted
above, the State of Illinois contains the Aurora, Chicago, Crystal
Lake, Elgin, Joliet, and Round Lake beach-McHenry urbanized areas in
its Chicago Severe-17 ozone nonattainment area, but the Chicago
urbanized area is the only area which contains a population of more
than 200,000, based on 1990 Census data. The remaining urbanized areas
in the Chicago nonattainment area with populations less than 200,000
are required to implement a basic I/M program. In addition, section
182(b)(4) of the Act and 40 CFR part 51.530(a) require States with
moderate ozone nonattainment areas containing 1990 census-defined
urbanized areas to implement a basic I/M program. The State of Illinois
contains the East St. Louis moderate nonattainment area where this
requirement applies.
The Illinois submittal contains the legal authority and regulations
necessary for IEPA to establish the program boundaries and operate an
enhanced I/M program in ozone nonattainment areas stated above. P.A.
88-533 specifies the geographic boundaries of the program in both ozone
nonattainment areas. The program boundaries described in the Illinois
submittal meet the Federal I/M requirements under Sec. 51.350 and are
approvable. The Federal I/M regulation requires that the State I/M
program must operate until it is no longer necessary. EPA has
determined that a SIP which does not terminate prior to the attainment
deadline for each applicable area (i.e. 2007 for the Chicago severe-17
ozone nonattainment area, and 1996 for the Metro-East moderate ozone
nonattainment area) satisfies this requirement. The State I/M submittal
does not contain a termination provision and is therefore approvable.
EPA proposes to approve this section of the Illinois submittal.
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, expressed in area-wide
average grams per mile (gpm), for emission levels of 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 EPA mobile source emission factor model. At the
time of the Illinois submittal, the most current version was
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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). Urban Airshed Modeling (UAM) has been conducted in both the
Chicago and St. Louis regions. In the Chicago area, the UAM has
demonstrated that control of NOX within the nonattainment area is
counterproductive in controlling ambient ozone. IEPA has petitioned
for, and has received from EPA, a waiver from Clean Air Act NOX
control requirements, including the requirement to meet the NOX
enhanced I/M performance standard. EPA is currently in the process of
evaluating the UAM data and an IEPA NOX waiver request for the St.
Louis region. NOX testing will be restricted to tests conducted
for program evaluation purposes in accordance with 40 CFR Part
51.353(c).
The June 30, 1995, Illinois submittal includes three alternative
enhanced program options based on the use of either ASM5015, ASM2, or
IM240 networks. All three options use the following program design
parameters: Centralized test only network; 1986 start date; biennial
frequency; 1968 and newer model year coverage; Vehicle type include
LDGV, LDGT1, LDGT2 and HDGV; IM240 for 1981 and newer vehicles, and
idle for 1968-1980 LDGV's and LDGT's and 1968 and later HDGV's; purge
test on 1981 and newer LDGV's and LDGT's undergoing either ASM or
IM240; pressure test of gas cap; stringency rate of 20 percent for 1980
and older vehicles; waiver rate of 3 percent and a 96 percent
compliance rate.
The Illinois 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 grams per mile, for
VOCs and NOX for each milestone and for the attainment deadline.
The modeling demonstration submitted by the State is approvable. EPA
proposes to approve this section of the submittal.
Network Type and Program Evaluation 40 CFR 51.353
Enhanced I/M programs shall be operated in a centralized test only
format, unless the State can demonstrate that a decentralized program
is equally effective in achieving the enhanced I/M performance
standard. The enhanced program shall include an ongoing evaluation to
quantify the emission reduction benefits of the program and to
determine if the program is meeting the requirements of the Act and the
Federal I/M regulations. The SIP shall include details on the program
evaluation and a schedule for submittal of biennial evaluation reports,
data from a State monitored or administered mass emission test of at
least 0.1 percent of the vehicles subject to inspection each year,
description of the sampling methodology, the data collection and
analysis system and the legal authority enabling the evaluation
program.
The State legislative authority and the State I/M regulations
provide for a centralized, test-only network. Illinois' centralized,
test only network type is approvable. The submittal does not, however,
include provisions for on-going program evaluation to satisfy all of
the requirements of 40 CFR part 51.353. Specifically, the State must
submit schedules for program evaluations and methodologies by which
this biennial program evaluation will be carried out, as required by 40
CFR part 51.353. EPA proposes to conditionally approve this section of
the Illinois enhanced I/M SIP based on the April 22, 1996, letter and
phone conversation record committing to submit to EPA as supplemental
information in support of the SIP the necessary documentation within
one year of the final conditional approval. In addition, the State has
committed to submit to EPA biennial program evaluation reports meeting
the requirements of 40 CFR part 51.353 starting at the end of the
program's first biennial cycle.
Adequate Tools and Resources 40 CFR 51.354
The Federal I/M regulation requires States to demonstrate that
adequate funding of the program is available. A portion of the test fee
or a separately assessed per year vehicle fee shall be collected,
placed in a dedicated fund and used to finance the program. Alternative
funding approaches are acceptable if it is demonstrated that the
funding can be maintained. 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 detailed
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. A.P. 88-
533 prevents the IEPA from charging motor vehicle owners for
inspections required under this law. Instead, A.P. 88-533 states that
the Vehicle Inspection Fund, which was a fund created in the State
treasury for the purpose of receiving money from the Motor Fuel Tax and
other sources, shall be used for the payment of the cost of the
program, including reimbursement of those agencies of the State that
incur expenses in the administration and enforcement of the program.
EPA proposes to approve this section of the Illinois submittal.
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
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 Illinois enhanced I/M law of
1995 provides the legal authority to implement and enforce biennial
test frequency for all subject vehicles. New vehicles are exempt from
testing for two years, requiring the vehicle to be initially tested in
the second calendar year after the vehicle model 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. P.A. 88-533 also requires that the program be designed so
that covered vehicle owners reside within 12 miles of an official
inspection station. In addition, the law requires the program to be
designed in such a way that sufficient inspection capacity at the
station is so that the usual wait before the start of an inspection
does not exceed twenty minutes. The test frequency and convenience
section is approvable and EPA is proposing to approve.
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
[[Page 21408]]
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. Vehicles registered or required to be
registered within the I/M program area boundaries, and fleets primarily
operated within the I/M program area boundaries belonging to the
covered model years and vehicle classes comprise the subject vehicles.
Fleets may be officially inspected outside the normal I/M program test
facilities, if such alternatives are approved by the program
administration, but shall be subject to the same test requirements
using the same quality control standards as non-fleet vehicles and
shall be inspected in independent, test-only facilities, according to
the requirements of 40 CFR part 51.353(a).
The Federal I/M regulation requires that the SIP shall include the
legal authority or rule necessary to implement and enforce the vehicle
coverage requirement, a detailed description of the number and types of
vehicles to be covered by the program and a plan for how those vehicles
are to be identified, including vehicles that are routinely operated in
the area but may not be registered in the area, and a description of
any special exemptions, including the percentage and number of vehicles
to be impacted by the exemption.
The Illinois Vehicle Inspection Law of 1995 requires coverage of
all 1968 and newer vehicles registered or required to be registered in
the I/M program area, except those vehicles which run on diesel or
exclusively by electricity. The modeling demonstration submitted with
the SIP narrows the vehicle coverage to LDGV, LDGT1, and LDGT2. The
Illinois legislation provides the legal authority to implement and
enforce the vehicle coverage. This level of coverage is approvable
because it provides the necessary emission reductions. The modeling
demonstration does contain estimates of the number of registered
vehicles in the area. However, the State's June 29, 1995, SIP submittal
does not adequately address fleet testing requirements. Existing
legislation allows for the self testing of fleets, but the submittal
fails to address the specific requirements involved in fleet testing.
The State also did not provide a description of the impact vehicle
exemptions will have on the subject fleet. The modeling demonstration
submitted by the State does not account for these exemptions in the
emission reduction analysis. The State must describe the extent of the
exemption's impact, in accordance with 40 CFR part 51.356, in order for
EPA to fully approve this section of the State submittal. EPA proposes
to conditionally approve this section based on the April 22, 1996,
letter to EPA committing to address the requirements of 40 CFR 51.356
with regard to fleets, within one year of the final conditional
approval.
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 EPA 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. A.P. 88-533 provides the State the authority to establish test
procedures according to the needs of the program. The Illinois
submittal also includes I/M regulations (R94-19 and R94-20) adopted on
December 1, 1994, by the Illinois Pollution Control Board (Board) which
include emissions standards based upon EPA's preferred IM240 loaded
mode exhaust emissions standard. IEPA has asked I/M contract bidders to
address in detail the requirements of this section in its Request-For-
Proposal (RFP). EPA proposes to conditionally approve this section of
the SIP based on the State's commitment to submit to EPA as
supplemental information in support of the SIP its final signed I/M
contract addressing the requirements of 40 CFR part 51.357 within one
year of EPA's final conditional approval.
Test Equipment 40 CFR 51.358
The Federal regulation requires computerized test systems for
performing any measurement on subject vehicles. The Federal I/M
regulations requires that the State SIP submittal include written
technical specifications for all test equipment used in the program.
The specifications shall describe the emission analysis process, the
necessary test equipment, the required features and written acceptance
testing criteria and procedures.
A.P. 88-533 provides the general authority for the State to
establish the designation of official test equipment and testing
procedures. The Illinois submittal also includes I/M regulations (R94-
19 and R94-20) which include emissions standards based upon EPA's
preferred IM240 loaded mode exhaust emissions standard. IEPA has
addressed the requirements of this section in its RFP released February
29, 1996. EPA proposes to conditionally approve this section of the SIP
based on the State's April 22, 1996, commitment to submit to EPA as
supplemental information in support of the SIP its final signed
contract addressing the requirements of 40 CFR part 51.358 within one
year of EPA's final conditional approval.
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. The Illinois submittal contains general legal authority
in A.P. 88-533 which requires IEPA to establish an enhanced program
containing procedures to assure the correct operation, maintenance and
calibration of test equipment, and also procedures for certifying test
results and for reporting and maintaining relevant data and records.
Illinois' RFP requires bidders as part of their Technical proposal to
submit a Quality Assurance Plan which addresses the requirements of
this section. EPA proposes to conditionally approve this section of the
SIP based on the State's April 22, 1996 commitment to submit to EPA as
supplemental information in support of the SIP its final signed
contract and the contractor's Quality Assurance Plan addressing the
quality control requirements of 40 CFR part 51.359 within one year of
EPA's final conditional approval.
Waivers and Compliance Via Diagnostic Inspection 40 CFR 51.360
The Federal I/M regulation allows for 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 prescribed criteria are met. For enhanced I/M programs, an
expenditure of at least $450 in repairs, adjusted annually to reflect
the change in the Consumer Price Index (CPI) as of 1989, is required in
order to qualify for a waiver. Waivers can only be issued after a
vehicle has failed a retest performed after all qualifying repairs have
been made. Any available warranty coverage must be used to obtain
repairs before expenditures can be counted toward the cost limit.
Tampering related repairs shall not be applied toward the cost limit.
Repairs must be appropriate to the cause of the failure. Repairs for
1980 and newer model year vehicles must be performed by a recognized
repair technician. The Federal regulation
[[Page 21409]]
allows for compliance via a diagnostic inspection after failing a
retest on emissions and requires quality control of waiver issuance.
The SIP must set a maximum waiver rate and must describe corrective
action that must be taken if the waiver rate exceeds that committed to
in the SIP.
The Illinois SIP submittal contains the necessary authority in A.P.
88-533 to issue waivers, set and adjust cost limits, and administer and
enforce the waiver system. The Illinois law requires that IEPA certify
whether a vehicle that has failed a vehicle emission retest qualifies
for a waiver of the emission inspection standards if the following
criteria are met: The vehicle has received all repairs and adjustments
for which it is eligible under any emission performance warranty
provided under section 207 of the Act; IEPA determines by normal
inspection procedures that the vehicle's emission control devices are
present and appear to be properly connected and operating; consistent
with 40 CFR 51.360 for vehicles required to be tested under the
Illinois law, a minimum expenditure of $450 in emission-related repairs
exclusive of tampering-related repairs have been made; repairs for
vehicles of model year 1981 and later are conducted by a recognized
repair technician; evidence of repair is presented consisting of either
signed and dated receipts identifying the vehicle and describing the
work performed and amount charged for eligible emission-related
repairs, or an affidavit executed by the person performing the eligible
emission related repairs; and that the repairs have resulted in an
improvement in vehicle emissions as determined by comparison of initial
and final retest results.
The State of Illinois has chosen not to allow compliance via a
complete documented physical and functional diagnosis and inspection
which shows that no additional emission-related repairs are needed. The
State has set a maximum waiver rate of 3 percent for both pre-1981 and
for 1981 and later vehicles. Illinois 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 need to remodel to assess
the emission reduction benefits based on the actual waiver rate. This
section is approvable and EPA is proposing to approve.
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 unless an
exception for use of an alternative is approved. Registration denial
enforcement consists of rejecting an application for initial
registration or registration for a used vehicle unless the vehicle has
complied with the I/M requirements prior to the granting of the
application. The SIP shall provide information concerning the
enforcement process, legal authority to implement and enforce the
program, a commitment to a compliance rate to be used for modeling
purposes and to be maintained in practice. The Illinois SIP contains an
alternative compliance system to that of registration denial. The
Illinois compliance approach uses computer matching of vehicle
registration records and inspection records to identify violations. The
Illinois Secretary of State (SOS) is required under A.P. 88-533 to
suspend either the driving privileges or the vehicle registration, or
both, of any vehicle owner who has not complied with the requirements
of A.P. 88-533. A suspension under this requirement would not be
terminated until proof of compliance has been submitted to the SOS. In
the I/M SIP, Illinois commits to the level of motorist enforcement
necessary to ensure a compliance rate of no less than 96 percent among
subject vehicles in the program area. If it is determined as part of
the required program evaluation that the I/M program is not meeting the
compliance rate, Illinois will need to investigate the problem and
institute changes to improve the compliance rates. EPA proposes to
approve this section of the Illinois SIP.
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 which will characterize, evaluate and enforce the program.
The legal authority for the implementation of an I/M program is found
in A.P. 88-53. This statute provides the authority necessary to develop
and implement the enforcement program oversight element of the I/M
program. EPA proposes to conditionally approve this portion of the
State's submittal based on the April 22, 1996, letter to EPA committing
to addressing the requirements of 40 CFR part 51.362 within one year of
the conditional approval.
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. The Illinois submittal contains only a
general provision under P.A. 88-533 which requires that the State I/M
program provide for procedures to assure the correct operation,
maintenance, and calibration of test equipment. Illinois' RFP requires
bidders as part of their Technical proposal to submit a Quality
Assurance Plan which addresses the requirements of this section. EPA
proposes to conditionally approve this section of the SIP based on the
State's April 22, 1996 commitment to submit to EPA as supplemental
information in support of the SIP its final signed contract and the
contractor's Quality Assurance Plan addressing the quality assurance
requirements of 40 CFR part 51.363 within one year of EPA's final
conditional approval.
Enforcement Against Contractors, Stations and Inspectors 40 CFR 51.364
Enforcement against licensed stations or contractors and inspectors
shall include swift, sure, consistent penalties for violation of
program requirements. The Federal I/M regulation requires the
establishment of minimum penalties for violations of program rules and
procedures which can be imposed against stations, contractors and
inspectors. The legal authority for establishing and imposing
penalties, civil fines, licence suspensions and revocations must be
included in the SIP. State quality assurance officials shall have the
authority to temporarily suspend station and/or inspector licenses
immediately upon finding a violation that directly affects emission
reduction benefits. The SIP shall describe the administrative and
judicial procedures and responsibilities relevant to the enforcement
process. The Illinois
[[Page 21410]]
submittal includes the legal authority to establish and impose
penalties against station, contractors, and inspectors. In addition,
the RFP contains detailed provisions addressing the requirements of
this section, including specific monetary penalties established for
violation of program rules and procedures. The provisions found in the
RFP will be enforceable once a final I/M contract is developed and
signed. EPA proposes to conditionally approve this section of the SIP
based on the State's April 22, 1996 commitment to submit to EPA as
supplemental information in support of the SIP its final signed
contract and any necessary administrative rules addressing the
requirements of 40 CFR part 51.364 within one year of EPA's final
conditional approval.
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 Federal
I/M regulation requires data to be gathered on each individual test
conducted and on the results of the quality control checks of test
equipment required under 40 CFR part 51.359. The Illinois submittal
contains a general provision under P.A. 88-533 which requires that the
State I/M program provide for procedures for certifying test results
and for reporting and maintaining relevant data and records. In
addition, the RFP requires that the contractor submit to IEPA, on a
monthly basis, a file containing detailed data for each vehicle test
transaction conducted. The data collection requirements specified in
the RFP meet those specified in 40 CFR part 51.365. Once the final I/M
contract is submitted to EPA as supplemental information in support of
the SIP this section of the I/M SIP can be fully approved. At this
time, EPA proposes to conditionally approve this section of the SIP
based on the State's April 22, 1996 commitment to submit to EPA as
supplemental information in support of the SIP its final signed
contract addressing the data collection requirements of 40 CFR part
51.365 within one year of EPA's final conditional approval.
Data Analysis and Reporting 40 CFR 51.366
Data analysis and reporting are required in order to monitor and
evaluate the program by the State and EPA. The Federal I/M rule
requires annual reports to be submitted to EPA that provide information
and statistics and summarize activities performed for each of the
following programs: Testing, quality assurance, quality control and
enforcement. These reports are to be submitted by July of each year and
shall provide statistics for the period of January to December of the
previous year. A biennial report shall be submitted to EPA that
addresses changes in the program design, regulations, legal authority,
program procedures, any weaknesses in the program found during the
previous two year period and how these problems will be or were
corrected. The Illinois RFP contains the necessary provisions
addressing the requirements of this section. However, in order to
receive full approval, the State must submit its final, signed contract
as supplemental information in support of the SIP addressing the
requirements of 40 CFR part 51.366 to EPA within one year of EPA's
final conditional approval. EPA proposes to conditionally approve this
section of the SIP based on the State's April 22, 1996 commitment to
submit to EPA as supplemental information in support of the SIP its
final signed contract addressing the data analysis and reporting
requirements of 40 CFR part 51.366 within the time frame specified
above.
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 Illinois
P.A. 88-533 requires all inspectors to be certified by IEPA after
successfully completing a course of training and successfully passing a
written test. The RFP requires Bidders to include in their Technical
Proposal a detailed Management Plan for the implementation and
operation of the contracted elements of the Illinois enhanced I/M
program. The Management Plan must include as part of its elements, a
description of the Personnel Training and Certification Program as
described in the RFP. The RFP requires the Contractor to establish and
operate an on-going program to train and certify contractor and IEPA
personnel. EPA proposes to conditionally approve this section of the
SIP based on the State's April 22, 1996 commitment to submit to EPA as
supplemental information in support of the SIP its final signed
contract and the contractor's Management Plan addressing the
requirements of 40 CFR part 51.367 within one year of EPA's final
conditional approval.
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 programs. The submittal needs to
include a public information program, which educates the public on I/M,
State, and Federal regulations, air quality, the contribution of motor
vehicles to the air pollution problem, and other items as describe in
the Federal rule. A consumer protection program, which includes
provisions for a challenge mechanism, protection of whistle blowers and
assistance to motorists in obtaining warranty covered repair, will also
need to be addressed. The Illinois submittal contains the legal
authority establishing grievance procedures for consumers to use, but
it does not address the rest of the requirements stated above for this
section. In order to receive full approval, the State has committed in
IEPA's April 22, 1996, letter to submit the remaining provisions of the
public information program within one year from EPA's final conditional
approval. EPA proposes to conditionally approve this portion of the SIP
based on the State's commitment to address the requirements of this
section within the time frame stated above.
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. The Illinois submittal does not
contain any provisions addressing the requirements of this section,
however the State has submitted a commitment to address the
requirements of this section, including the submittal of a description
of available technician training resources, within one year of EPA's
final conditional approval. EPA is proposing to conditionally approve
this portion of the State submittal based on the State's commitment to
submit the necessary documentation to EPA in the time frame stated
above.
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
[[Page 21411]]
pursuant to section 207(c ) of the Act, receive the required repairs
prior to completing the emission test or renewing the vehicle
registration. The Illinois P.A. 88-533 provides the legal authority to
require owners to comply with emission related recalls before
completing the emission test. The Illinois RFP requires that the
contractor provide and maintain as part of the data handling system a
means to identify vehicles with unresolved emissions recalls based upon
the data provided by EPA. At a minimum, the Contractor and IEPA will
have the capability to store, retrieve, and update recall data that
consists of the VIN, the numbers of the recall campaign, and the date
that the repairs were performed. The system is to be capable of
interactively updating vehicle and/or recall database records based
upon information supplied by vehicle owners indicating that required
repairs have been made. The system will also be capable of updating
appropriate records based upon updated data provided by EPA. EPA
proposes to approve this section of the SIP based on the State's April
22, 1996 commitment to submit to EPA as supplemental information in
support of the SIP its final signed contract addressing the annual
reporting requirements of 40 CFR part 51.370 within one year of EPA's
final conditional approval.
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 Illinois P.A. 88-533
requires on-road testing through the use of remote sensing devices. The
SIP submittal requires the use of RSD to test at least 0.5 percent of
the subject fleet per year in the I/M program area. The RFP requires
that the Contractor develop and maintain written on-road inspection
procedures to be approved by IEPA. In addition, the Contractor is to
provide and maintain as part of the system on-road testing information
containing vehicle and test results obtained from the on-road testing
program. The Contractor will be responsible for evaluating all on-road
emission data, including linking emissions data with vehicle database
records. EPA proposes to conditionally approve this section of the SIP
based on the State's April 22, 1996 commitment to submit to EPA as
supplemental information in support of the SIP its final signed
contract addressing the on-road testing specifications of 40 CFR part
51.371 within one year of EPA's final conditional approval.
Proposed Action
EPA is proposing to approve portions and conditionally approve
other portions of this revision to the Illinois SIP for an enhanced I/M
program, as cited above. If Illinois fails to timely submit the
materials discussed above within one year of EPA's final conditional
approval, the final conditional approval will automatically convert to
a disapproval.
I. Basis for Conditional Approval
The EPA believes conditional approval is appropriate in this case
because the State has the necessary legal authority for an enhanced I/M
program and needs only to award the I/M contract and amend current
administrative rules to address a number of enhanced I/M program
requirements. As a condition of EPA's proposed conditional approval,
the State must submit a final signed I/M contract as supplemental
information in support of the SIP and any additional material necessary
to address the deficiencies identified in this document to EPA no later
than one year after EPA's final conditional approval. On April 22,
1996, the IEPA submitted a letter committing to this. In the letter
IEPA commits to provide EPA the signed enhanced I/M contract, in
addition to provide appropriate analyses, calculations, and rules as
discussed in a conference call on April 9, 1996 between IEPA and EPA.
The telephone conversation record of this call will be included as part
of the Illinois SIP.
II. Statement of Approvability
Under the authority of the Governor of Illinois, the IEPA submitted
a SIP revision to satisfy the requirements of the I/M regulation to the
EPA on June 29, 1995. EPA found the Illinois SIP complete in a letter
dated June 30, 1995. The EPA has reviewed this submittal and is
proposing to approve portions and proposing to conditionally approve
other portions of it pursuant to Section 110(k) of the Act, on the
condition that the portions of the I/M program noted above are adopted
and/or submitted on the schedules noted in this proposed rulemaking. If
EPA takes final conditional approval on the commitment, the State must
meet its commitment to submit the final I/M contract and all other
supporting documentation within one year of the conditional approval.
Once the EPA has conditionally approved this committal, if the State
fails to submit any necessary rules and/or documentation to EPA, final
conditional approval will automatically convert to a disapproval. EPA
will notify the State by letter to this effect. Once the SIP has been
disapproved, these commitments will no longer be a part of the approved
nonattainment area SIPs. The EPA subsequently will publish a notice to
this effect in the notice section of the Federal Register indicating
that the commitment or commitments have been disapproved and removed
from the SIP. If the State adopts and submits the final rule amendments
and the final I/M contract, as supplemental information in support of
the SIP, to EPA within the applicable time frame, the conditionally
approved commitments will remain part of the SIP until the EPA takes
final action approving or disapproving the new submittal. If the EPA
approves the subsequent submittal, those newly approved rules and/or
documentation will become part of the SIP.
If after considering the comments on the proposal, the EPA issues a
final disapproval or if the conditional approval portions are converted
to a disapproval, the sanctions clock under section 179(a) will begin.
If the State does not submit and EPA does not approve the rule on which
any disapproval is based within 18 months of the disapproval, the EPA
must impose one of the sanctions under section 179(b)-highway funding
restrictions or the offset sanction. In addition, any final disapproval
would start the 24 month clock for the imposition of a section 110(c)
Federal Implementation Plan. Finally, under section 110(m) the EPA has
discretionary authority to impose sanctions at any time after a final
disapproval.
Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-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
[[Page 21412]]
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 CAA, preparation of
a regulatory flexibility analysis would constitute Federal inquiry into
the economic reasonableness of state action. The CAA forbids EPA 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).
Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded
Mandates Act'') (signed into law on March 22, 1995) requires that the
EPA prepare a budgetary impact statement before promulgating a rule
that includes a Federal mandate that may result in expenditure by
State, local, and tribal governments, in aggregate, or by the private
sector, of $100 million or more in any one year. Section 203 requires
the EPA to establish a plan for obtaining input from and informing,
educating, and advising any small governments that may be significantly
or uniquely affected by the rule.
Under section 205 of the Unfunded Mandates Act, the EPA must
identify and consider a reasonable number of regulatory alternatives
before promulgating a rule for which a budgetary impact statement must
be prepared. The EPA must select from those alternatives the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule, unless the EPA explains why this
alternative is not selected or the selection of this alternative is
inconsistent with law.
Because this proposed rule is estimated to result in the
expenditure by State, local, and tribal governments or the private
sector of less then $100 million in any one year, the EPA has not
prepared a budgetary impact statement or specifically addressed the
selection of the least costly, most cost-effective, or least burdensome
alternative. Because small governments will not be significantly or
uniquely affected by this rule, the EPA is not required to develop a
plan with regard to small governments. It imposes no additional
requirements. The Office of Management and Budget has exempted this
action rule from Executive Order 12866 review.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Nitrogen Oxide, Ozone, Volatile Organic Compound.
Authority: 42 U.S.C. 7401-7671q.
Dated: April 29, 1996.
David A. Ullrich,
Acting Regional Administrator.
[FR Doc. 96-11758 Filed 5-9-96; 8:45 am]
BILLING CODE 6560-50-P
