[Federal Register Volume 62, Number 96 (Monday, May 19, 1997)]
[Rules and Regulations]
[Pages 27195-27198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12629]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE-28-1009; FRL-5823-4]
Approval and Promulgation of Air Quality Implementation Plans;
State of Delaware; Enhanced Motor Vehicle Inspection and Maintenance
Program
ACTION: Final conditional approval.
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SUMMARY: EPA is granting conditional approval of a State Implementation
Plan (SIP) revision submitted by the State of Delaware. This revision
establishes and requires the implementation of a low enhanced motor
vehicle inspection and maintenance (I/M) program in the counties of
Kent and New Castle. The intended effect of this action is to
conditionally approve the Delaware enhanced motor vehicle I/M program.
EPA is conditionally approving Delaware's SIP revision based on the
fact that: Delaware's SIP is deficient in certain aspects with respect
to the
[[Page 27196]]
requirements of the Act and EPA's I/M program regulations. Delaware has
made a commitment in a letter, dated March 6, 1997, to work with EPA to
address the noted deficiencies by a date certain within one year from
June 18, 1997. This action is taken under section 110 of the 1990 Clean
Air Act(CAA).
EFFECTIVE DATE: This final rule is effective on June 18, 1997.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
Air, Radiation, and Toxics Division, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107 and the Delaware Department of Natural Resources and
Environmental Control, Air Quality Management Section, Division of Air
and Waste Management, 89 Kings Highway, P.O. Box 1401, Dover, Delaware,
19903.
FOR FURTHER INFORMATION CONTACT: Paul T. Wentworth, P.E. at 215566-2183
at the EPA Region III address above, or via e-mail at
Wentworth.Paul@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 5, 1997, (62 FR 5361), EPA published a notice of
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed
conditional approval of Delaware's low enhanced inspection and
maintenance program, submitted on February 17, 1995 and supplemented on
November 30, 1995, by the Delaware Department of Natural Resources and
Environmental Control (DNREC). A description of Delaware's submittal
and EPA's rationale for its proposed action were presented in the NPR
and will not be restated here.
II. Public Comments/Response to Public Comments
There were no comments received during the public comment period on
this notice.
III. Conditional Approval
Under the terms of EPA's February 5, 1997 notice of proposed
conditional approval rulemaking (62 FR 5361), Delaware was required to
make commitments to remedy deficiencies with the I/M program SIP (as
specified in the above notice) within twelve months of today's final
conditional approval notice. On March 6, 1997, Christophe Tulou,
Secretary of the Delaware DNREC, submitted a letter to Michael McCabe,
Regional Administrator, EPA Region III, committing to address, by a
date certain, all of the deficiencies listed in EPA's February 5, 1997
NPR. EPA has indicated in its acknowledgment letter to Delaware that it
interprets this letter as a commitment to remedy all of the
deficiencies that are listed in the proposed conditional approval
notice 62 FR 5361) by June 18, 1997.
Because Delaware has submitted the commitment letter called for in
EPA's February 5, 1997 NPR, EPA is today taking final conditional
approval action upon the Delaware I/M SIP, under section 110 of the
CAA.
IV. Final Rulemaking Action
EPA is conditionally approving Delaware's low enhanced I/M program
as a revision to the Delaware SIP, based upon certain conditions.
Should the State fail to fulfill the conditions by the deadline of no
more than one year from June 18, 1997, this conditional approval will
convert to a disapproval pursuant to CAA section 110(k). In that event,
EPA would issue a letter to notify the State that the conditions had
not been met, and that the approval had converted to a disapproval.
VI. Administrative Requirements
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.
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. 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.
Conditional approvals of SIP submittals under section 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, EPA certifies 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 Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
If the conditional approval is converted to a disapproval under
section 110(k), based on the State's failure to meet the commitment, it
will not affect any existing state requirements applicable to small
entities. Federal disapproval of the state submittal does not affect
its state-enforceability. Moreover, EPA's disapproval of the submittal
does not impose a new Federal requirement. Therefore, EPA certifies
that this disapproval action does not have a significant impact on a
substantial number of small entities because it does not remove
existing requirements nor does it substitute a new federal requirement.
C. 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 conditional approval action promulgated
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either
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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 requirements. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 18, 1997.
Filing a petition for reconsideration by the Administrator of this
final rule to conditionally approve the Delaware enhanced I/M SIP does
not affect the finality of this rule for the 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
Administrative Procedures Act).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Nitrogen dioxide, Ozone, Reporting and record keeping
requirements.
Dated: April 29, 1997.
W. Wisniewski,
Acting Regional Administrator, Region III.
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 I--Delaware
2. Section 52.424 is amended by adding paragraph (b) to read as
follows:
Sec. 52.424 Conditional Approval.
* * * * *
(b) The State of Delaware's February 17, 1995 submittal for an
enhanced motor vehicle inspection and maintenance (I/M) program, and
the November 30, 1995 submittal of the performance standard evaluation
of the low enhanced program, is conditionally approved based on certain
contingencies.
The following conditions must be addressed in a revised SIP
submission. Along with the conditions listed is a separate detailed I/M
checklist explaining what is required to fully remedy the deficiencies
found in the proposed notice of conditional approval. This checklist is
found in the Technical Support Document (TSD), located in the docket of
this rulemaking, that was prepared in support of the proposed
conditional I/M rulemaking for Delaware. This checklist and Technical
Support document are available at the Air, Radiation, and Toxics
Division, 841 Chestnut Bldg., Philadelphia, PA 19107, Telephone (215)
566-2183. By no later than one year from June 18, 1997, Delaware must
submit a revised SIP that meets the following conditions for
approvability:
(1) Provide a statement from an authorized official that the
authority to implement Delaware's I/M program as stated above will
continue through the attainment date and provide ZIP code information
for the affected counties under the I/M program.
(2) Submit to EPA adopted regulations or procedures that implement
an on-road vehicle testing program and remodel its program and
demonstrate compliance with the I/M parameter standard so that it meets
all the requirements of 40 CFR 51.351.
(3) Submit to EPA a description of the evaluation schedule and
protocol, the sampling methodology, the data collection and analysis
system, the resources and personnel for evaluation, and related details
of the evaluation program, and the legal authority enabling the
evaluation program that meet all the requirements of 40 CFR 51.353.
(4) Submit to EPA procedures or regulations that detail the number
of personnel and equipment dedicated to the quality assurance program,
data collection, data analysis, program administration, enforcement,
public education and assistance, on-road testing and other necessary
functions that meet all the requirements of 40 CFR 51.354.
(5) Submit to EPA procedures or regulations that meet the
requirements of 40 CFR 51.355. This includes a description of the test
year selection scheme, and how the test frequency is integrated into
the enforcement process. This description must include the legal
authority, regulations or contract provisions to implement and enforce
the test frequency. The program must be designed to provide convenient
service to the motorist by ensuring short wait times, short driving
distances and regular testing hours.
(6) Submit to EPA a description of vehicles covered by Delaware's
I/M program, broken down by model year, and weight; an accounting for
registered vehicles and those required to be registered in order to
provide an estimate of unregistered vehicles subject to the I/M
program. Delaware also needs to submit provisions in its regulations
that provide for fleet testing; testing vehicles registered in other
program areas; and provide the legal authority or rules necessary to
implement fleet testing. With regard to the fleet inspection program,
Delaware needs to develop regulations and procedures that address fleet
inspections and account for this in its vehicle coverage and in the
modeling of the performance standard. In addition, Delaware must
provide information on exempted vehicles regarding number, fleet
percentage and account for them in its emissions reduction analysis.
This submission must meet the requirements of 40 CFR 51.356.
(7) Submit to EPA procedures or regulations that address the
requirements of 40 CFR 51.357.
(8) Submit to EPA regulations or procedures that address the
requirements of 40 CFR 51.358.
(9) Submit to EPA regulations or procedures that address the
requirements of 40 CFR 51.359, including: a quality control procedures
manual or related document; proper calibration measures and associated
recordkeeping; preventive maintenance measures/provisions for proper
recording of quality control information.
(10) Submit to EPA regulations and/or procedures that address the
requirements of 40 CFR 51.360. These include: provisions that implement
a consumer price index (CPI) adjusted $450 waiver for Kent and New
Castle Counties, where the low enhanced program applies.
(11) Submit to EPA regulations and/or procedures that meet the
requirements of 40 CFR 51.361, including providing EPA with the
specific details of its Motorist Compliance Enforcement program,
providing a commitment to maintain a specified enforcement level to be
used for modeling purposes. Also Delaware
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must provide regulations and legislation that implement a registration
denial system.
(12) Submit to EPA regulations or procedures that meet the
requirements of 40 CFR 51.362, including: providing procedures or
regulations that detail how the motorist compliance enforcement
oversight program will be implemented and a demonstration of the
program's functionality.
(13) Submit to EPA regulations or procedures that meet the
requirements of 40 CFR 51.363, including: providing procedures or
regulations that detail how the quality assurance motorist compliance
enforcement oversight program will be implemented and a demonstration
of the program's functionality.
(14) Submit to EPA regulations or procedures that meet all the
requirements of 40 CFR 51.364, including: providing the legal authority
for establishing and imposing penalties, civil fines, license
suspensions and revocations; providing quality assurance officials of
the state with the authority to temporarily suspend station and/or
inspector licenses immediately upon finding a violation that directly
affects emissions reduction benefits, or an official opinion explaining
any state constitutional impediments to such immediate suspension
authority; and providing a description of the administrative and
judicial procedures and responsibilities relevant to the enforcement
process, including which agencies courts and jurisdictions are
involved, who will prosecute and adjudicated cases and the resources
and sources of the those resources which will support this function.
(15) Demonstrate that Delaware has existing data procedures that
meet the requirements of 40 CFR 51.365; or develop and submit to EPA
regulations, or procedures that meet all the requirements of 40 CFR
51.365.
(16) Demonstrate that Delaware has existing data analysis
procedures that meet the requirements of 40 CFR 51.366 or develop and
submit provisions/ procedures that meet the requirements of 40 CFR
51.366.
(17) Provide to the EPA details of the inspectors training course
along with addressing all of the requirements of 40 CFR 51.367.
(18) Provide to the EPA the details of the provisions and/or
measures that will implement to protect the consumer and provide for
the public awareness as well as address the rest of the requirements of
40 CFR 51.368.
(19) Provide to the EPA the details of the technician training
course that it is developing and address the requirements of 40 CFR
51.369.
(20) Provide to the EPA documents and/or provisions that meet the
requirements of 40 CFR 51.370, including: providing details of its
provisions to ensure that vehicles subject to enhanced I/M and are
included in an emission related to recall, receive the required repairs
prior to completing the emissions test and or renewing the vehicle
registration.
(21) Meet the requirements of 40 CFR 51.371, including: adopting
legislation that gives authority to implement an on-road testing
program; providing details of an on-road testing program.
[FR Doc. 97-12629 Filed 5-16-97; 8:45 am]
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