[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Proposed Rules]
[Pages 26562-26564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12720]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. NJ30-1-177, FRL-6013-3]
Approval and Promulgation of Implementation Plans; New Jersey;
Motor Vehicle Inspection and Maintenance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of a State Implementation Plan (SIP) revision submitted by the
State of New Jersey. This action is required because the revision
changes one of the primary design considerations of the existing
automobile inspection and maintenance (I/M) program. The intended
effect of this action is to propose approving changes in the inspection
frequency from annual to biennial and the addition of a gas cap
inspection, which will result in a net increase in overall emissions
reductions as previously approved by EPA.
DATES: Comments must be received on or before June 12, 1998.
ADDRESSES: All comments should be addressed to: Ronald J. Borsellino,
Chief, Air Programs Branch, Environmental Protection Agency, Region II
Office, 290 Broadway, New York, New York 10007-1866.
Copies of the State's submittal are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region II Office, Air Programs Branch,
290 Broadway, 25th Floor, New York, New York 10007-1866.
New Jersey Department of Environmental Protection, Office of Air
Quality Management, Bureau of Air Quality Planning, 401 East State
Street, CN418, Trenton, New Jersey 08625.
FOR FURTHER INFORMATION CONTACT: Richard Graciano, Air Programs Branch,
Environmental Protection Agency, Region II Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866, (212) 637-4249
SUPPLEMENTARY INFORMATION:
Background
On February 26, 1998 New Jersey submitted a revision to its State
Implementation Plan (SIP) changing the inspection frequency, from
annual to biennial, of its existing automobile
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inspection and maintenance (I/M) program, through the addition of a
regulation found at N.J.A.C. 13:20-43.7. Prior to this proposal,
neither the New Jersey rules nor statutes adequately addressed the
testing frequency for the transitional phase of the program, during
which New Jersey is converting its basic I/M program to the enhanced I/
M program. New Jersey has had a basic I/M program in place since 1974.
This program, in its current form, was subject to its most recent
amendment on January 21, 1985, which was approved by EPA and
incorporated into the SIP on September 17, 1992. 57 FR 42893. EPA
conditionally approved New Jersey's enhanced I/M program on May 14,
1997. 62 FR 26405. On January 30, 1998, the State submitted performance
standard modeling to EPA, fulfilling the remaining condition required
by EPA in its approval notice.
Under provisions of sections 182, 184, and 187 of the Clean Air Act
(Act), New Jersey is required to implement an enhanced I/M program
throughout the entire State. In its July 10, 1995 and March 27, 1996
SIP submittals, the State indicated that the enhanced I/M program would
require biennial inspections, and suggested that early implementation
of biennial testing may be necessary to facilitate system upgrades.
In the February 26, 1998 request for a SIP revision, New Jersey
indicated that during the transition period between the existing
program and the new enhanced program, the State will require vehicles
to be inspected biennially, rather than annually, to accommodate the
decreased availability of centralized inspection lanes while they are
being retrofitted for enhanced testing. The February 26, 1998 SIP
revision states that, ``[t]he transition period will begin on the start
date of the contract for the implementation of the enhanced I/M program
and will end when the enhanced I/M program becomes mandatory.''
Pursuant to section 193 of the Act, such a change could not be approved
if it results in increased emissions of volatile organic compounds
(VOCs) and/or carbon monoxide (CO). In order to offset the increased
VOC emissions, New Jersey is proposing early implementation of the test
that checks the functional operation of vehicle gas caps. The gas cap
checks will be implemented during the transition period from the
existing program to the enhanced program rather than at the start of
the enhanced program. New Jersey expects that this strategy will offset
the increase in VOCs resulting from the conversion to biennial testing
and has submitted modeling results that support this. New Jersey
estimates that the resulting VOC emissions increase from changing the
program frequency to biennial will be about 0.026 grams per mile. The
VOC emissions reduction associated the functional gas cap test are
estimated to be about 0.033 grams per mile, resulting in a net benefit
of 0.007 grams per mile.
New Jersey also estimates that CO emissions will increase about
0.365 grams per mile as a result of the change in inspection frequency.
In its revision package, the State notes that the carbon monoxide
benefits gained through vehicle fleet turnover from January 1, 1996
through January 1, 1998 are about 0.745 grams per mile. However, EPA
points out that this emission reduction is not a function of the SIP
per se. EPA acknowledges that the most efficient means to achieve
significant carbon monoxide reduction and ultimate attainment is
through the speedy implementation of the State's enhanced I/M program.
Specifically, EPA expects that the State's enhanced I/M implementation
will result in excess carbon monoxide benefits beyond the required
performance standard. These are approximately 0.526 grams per mile.
These air quality benefits cannot be achieved without accommodating
the practical obstacles associated with retrofitting centralized test
only stations, which include transitional biennial testing.
Since the State is currently in the process of awarding
construction and/or operation contracts for its approved enhanced
program, New Jersey has requested that EPA proceed with an expedited
decision process for this revision to the existing program. Therefore,
approval of this revision is being proposed under a procedure called
parallel processing, whereby EPA proposes rulemaking action
concurrently with the State's procedures for amending its regulations.
If the State's proposed revision is substantially changed in areas
other than those identified in this document, EPA will evaluate those
changes and may publish another notice of proposed rulemaking. If no
substantial changes are made other than those areas specified in this
document, EPA will publish a final rulemaking on the revisions. Final
rulemaking action by EPA will occur only after the SIP revision has
been adopted by New Jersey and submitted formally to EPA for
incorporation into the SIP. In addition, any action by the State
resulting in undue delay in the contract award or selection process may
result in a reproposal altering the approvability of the SIP.
Conclusion
EPA believes New Jersey has provided an adequate rationale for
early conversion of the existing program from annual to biennial
testing. Furthermore, EPA supports the calculations submitted by the
State indicating that the emissions shortfalls resulting from this
change will be sufficiently offset by the strategies proposed and by
the benefits of enhanced I/M implementation. Since the State is
reducing the testing frequency of its current program to facilitate the
implementation of the enhanced I/M program, EPA's approval of this
testing frequency conversion under the terms of this SIP revision only
applies after the State awards the necessary construction contracts for
its enhanced I/M program.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
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.
Administrative Requirements
Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under Executive Order 12866.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 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 section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because the
federal SIP approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the Federal-State relationship
under the CAA, preparation of a flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
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Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. versus U.S. EPA, 427 U.S. 246, 255-66
(1976); 42 U.S.C. 7410(a)(2).
Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under section 205, EPA must
select the most cost-effective and least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the approval action proposed does not
include a federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This federal action approves pre-
existing requirements under State or local law, and imposes no new
federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
The Regional Administrator's decision to approve or disapprove the
SIP revision will be based on whether it meets the requirements of
section 110(a)(2)(A)-(K) of the Clean Air Act, as amended, and EPA
regulations in 40 CFR Part 51.
The Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Ozone, Volatile organic
compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: April 30, 1998.
William J. Muszynski,
Deputy Regional Administrator.
[FR Doc. 98-12720 Filed 5-12-98; 8:45 am]
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