[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Rules and Regulations]
[Pages 32411-32414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15163]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA 133-4087o; FRL-6354-9]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania; Motor Vehicle Inspection and Maintenance
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on the latest revision to
the Pennsylvania State Implementation Plan (SIP) consisting of the plan
the Commonwealth will use to conduct the ongoing evaluation of its
enhanced inspection and maintenance (I/M) program. With the submission
of this program evaluation plan, Pennsylvania has remedied all
conditions that EPA had placed upon approval of the Commonwealth's
enhanced I/M program. Therefore, EPA is today converting its
conditional approval of Pennsylvania's enhanced I/M program SIP
revisions to full approval, in accordance with the requirements of the
Clean Air Act.
DATES: This rule is effective on August 2, 1999 without further notice,
unless EPA receives adverse written comment by July 19, 1999. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: Written comments should be mailed to David Arnold, Chief,
Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the documents relevant to this action are
available for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103; or at the Air and
Radiation Docket and Information Center, U.S. Environmental Protection
Agency, 401 M Street, SW, Washington, DC 20460. They may also be viewed
at the Pennsylvania Department of Environmental Protection, Bureau of
Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania
17105.
FOR FURTHER INFORMATION CONTACT: Brian K. Rehn, (215) 814-2176, or via
e-mail at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
[[Page 32412]]
I. Background
On January 28, 1997, EPA published in the Federal Register a final
rulemaking action (62 FR 4004) granting conditional interim approval to
Pennsylvania's enhanced I/M program SIP revision submitted by
Pennsylvania on March 22, 1996, and formally amended on June 27, 1996
and on July 29, 1996. The interim nature of the approval was granted
under authority provided by the National Highway Systems Designation
Act of 1995 (NHSDA). At the end of the specified 18-month interim
approval period, the Commonwealth was required to make a demonstration
of the effectiveness of their I/M program network, per NHSDA
requirements, based upon actual program data. The conditional nature of
the approval was granted under the Clean Air Act and required
Pennsylvania to remedy, within a 12-month period, certain major program
deficiencies. EPA's January 28, 1997 approval also required the
Commonwealth to remedy certain minor deficiencies within the 18-month
interim approval period.
Pennsylvania submitted supplements to its I/M SIP to EPA on
November 13, 1997; February 24, 1998; and August 21, 1998. The purpose
of these supplemental submittals was to bolster the enhanced I/M SIP to
include updated information and to satisfy the conditions imposed by
EPA in its January 28, 1998 conditional interim approval.
On September 2, 1998, EPA published a direct final rule in the
Federal Register (63 FR 46664) approving Pennsylvania's November 13,
1997 and February 24, 1998 SIP revisions. That approval action removed
four major conditions and seven minor conditions identified in EPA's
January 28, 1997 interim conditional approval of Pennsylvania's I/M
SIP.
On September 16, 1998, EPA published a direct final rule in the
Federal Register (63 FR 49436) approving Pennsylvania's August 21, 1998
SIP revision supplement consisting of the Commonwealth's network
effectiveness demonstration (per requirements of section 348 of the
NHSDA). However, EPA received adverse comments upon the direct final
rule, and withdrew it on October 21, 1998 in accordance with federal
rulemaking procedures. EPA has since issued a final rule approving the
August 21, 1998 submittal of the Commonwealth's network effectiveness
demonstration. In the preamble to that final rule EPA addressed the
adverse comments. That final rule also removed the remaining minor
conditions identified in EPA's January 28, 1997 interim conditional
approval of Pennsylvania's I/M SIP. As a result of these two rulemaking
actions, EPA converted its interim conditional approval of the
Commonwealth's I/M program to a conditional approval--leaving only a
single condition remaining to be addressed. That one remaining
condition was the submittal by Pennsylvania of a plan for conducting
the required ongoing evaluation of its enhanced I/M program. On
November 25, 1998, Pennsylvania submitted the required evaluation plan
to fulfill this last condition. The November 25, 1998 submittal, as
amended on March 3, 1999, is the subject of this rulemaking.
II. Summary of the Commonwealth's Submittal
On November 25, 1998, the Commonwealth of Pennsylvania submitted a
supplement to its enhanced I/M SIP consisting of its plan for
conducting the required ongoing program evaluation of its enhanced I/M
program. On March 3, 1999, the Commonwealth bolstered the November 25,
1998 submittal to include documentation that public notice and hearing
had been conducted on its chosen evaluation plan. The submitted plan
reflects the Commonwealth's choice of an EPA-approved method for
conducting an ongoing program evaluation. The purpose of the
Commonwealth's November 25, 1998 and March 3, 1999 SIP submittals is to
address and remedy the final condition set forth in EPA's January 28,
1997 interim conditional approval (62 FR 4004) of Pennsylvania's I/M
program SIP, and codified at 40 CFR 52.2026(a)(2).
III. EPA Review of the SIP Revision
EPA conditioned its January 28, 1997 approval of the Commonwealth's
SIP upon submission, by November 30 1998, of a final plan for
conducting the required enhanced I/M program evaluation, which requires
the use of an EPA approved methodology to be performed on 0.1 percent
of the I/M subject vehicles in the Pittsburgh and Philadelphia program
areas. EPA required the Commonwealth to select a methodology that
complies with Federal I/M rule requirements set forth at 40 CFR
51.353(c)(3). On October 30, 1998, EPA's Office of Mobile Sources
issued a guidance memorandum entitled ``Guidance on Alternative I/M
Program Evaluation Methods''. This document outlined three EPA accepted
alternative I/M program evaluation methodologies available to states to
comply with the requirements of 40 CFR 51.353(c). The approved
alternatives include: (1) the Sierra Research method; (2) the NYTEST
(or VMAS) method; and (3) the RG240 method. The guidance also addressed
the need to establish a baseline from which to determine I/M program
emissions benefits, in order to fully evaluate enhanced I/M program
effectiveness. For areas that had previously existing I/M programs
prior to implementation of an enhanced I/M program, the guidance
established a methodology for determining a benchmark, since a direct
comparison between pre-program and post-program baselines for subsets
of such vehicles would not be possible.
For its evaluation methodology, Pennsylvania chose to use the
Sierra Research method, utilizing a correlation between another state's
IM240 program and its own acceleration simulation mode (ASM) and idle
testing programs, per EPA's October 30, 1998 guidance. These
correlations will then be used to convert Pennsylvania's idle/ASM
measurements to IM240-equivalent measurements for each vehicle. These
will then form the basis for a modeled comparison between the
Commonwealth's program and the benchmark IM240 program. For its
benchmark comparison of estimating a baseline, Pennsylvania intends to
correlate its idle/ASM program data to IM240 data from New Jersey's or
Maryland's program.
IV. Final Action
EPA is hereby approving Pennsylvania's November 25, 1998 and March
3, 1999 SIP submittals.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment, since the Commonwealth's SIP revision complies with
applicable guidance and with the requirements at 40 CFR 51.353(c). The
Commonwealth has fully met the requirements of the relevant condition
set by EPA in its January 28, 1997 conditional approval of the
Pennsylvania I/M program SIP revision.
However, in the ``Proposed Rules'' section of today's Federal
Register, EPA is publishing a separate document that will serve as a
proposal to approve the SIP revision in the event adverse comments are
filed. This rule will be effective on August 2, 1999 without further
notice unless EPA receives adverse comment by July 19, 1999. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public
[[Page 32413]]
that the rule will not take effect. EPA will address all public
comments in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
EPA, through previous rulemaking actions, approved Pennsylvania's
enhanced I/M program SIP revisions submitted prior to November 25,
1998. Those SIP revisions satisfied all but one of the major and minor
conditions set forth by EPA in its January 28, 1997 (62 FR 4004)
approval of Pennsylvania's enhanced I/M program. EPA also taken final
action to approve the Commonwealth's I/M program network effectiveness
demonstration, required under section 348 of the NHSDA. Because the
Commonwealth has now addressed all of the deficiencies identified by
EPA with respect to its enhanced I/M program SIP, EPA is acting today
to incorporate by reference all of Pennsylvania's enhanced I/M SIP
revisions into the Code of Federal Regulations, at 40 CFR
52.2020(c)(139).
Since EPA has previously taken final approval actions on all of
Pennsylvania's enhanced I/M SIP revisions submitted prior to November
25, 1998, EPA is now providing opportunity for comment only upon
today's approval of the Commonwealth's program evaluation plan--
submitted on November 25, 1998 and amended on March 3, 1999.
By taking final, full approval upon Pennsylvania's submitted
enhanced I/M program SIP revisions, the mandatory sanctions and Federal
Implementation Plan obligations under the Clean Air Act have been
satisfied. All sanctions and FIP clocks related to approval of
Pennsylvania's I/M program are terminated upon the effective date of
today's action.
V. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under E.O. 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If EPA complies by consulting, E.O. requires EPA to
provide to the Office of Management and Budget a description of the
extent of EPA's prior consultation with representatives of affected
state, local, and tribal governments, the nature of their concerns,
copies of written communications from the governments, and a statement
supporting the need to issue the regulation. In addition, E.O. 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of state, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on state, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
C. Executive Order 13045
E.O. 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies
to any rule that the EPA determines (1) is ``economically
significant,'' as defined under E.O. 12866, and (2) the environmental
health or safety risk addressed by the rule has a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This final rule is not subject to E.O. 13045 because it is not an
economically significant regulatory action as defined by E.O. 12866,
and it does not address an environmental health or safety risk that
would have a disproportionate effect on children.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If EPA complies by
consulting, Executive Order 13084 requires EPA to provide to the Office
of Management and Budget, in a separately identified section of the
preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires EPA to develop an effective process permitting elected and
other representatives of Indian tribal governments ``to provide
meaningful and timely input in the development of regulatory policies
on matters that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the communities
of Indian tribal governments. This action does not involve or impose
any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because 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
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, 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).
F. 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
annual 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
[[Page 32414]]
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 promulgated does not
include a Federal mandate that may result in estimated annual 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
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
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).
H. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action to fully approve Pennsylvania's enhanced
I/M program SIP must be filed in the United States Court of Appeals for
the appropriate circuit by August 16, 1999. Filing a petition for
reconsideration by the Administrator of this final rule 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone.
Dated: May 27, 1999.
W. Michael McCabe,
Regional Administrator, Region III.
40 CFR part 52 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 et seq.
Subpart NN--Pennsylvania
2. Section 52.2020 is amended by adding paragraph (c)(139) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(139) Revisions to the Pennsylvania State Implementation Plan
adopting an enhanced motor vehicle inspection and maintenance (I/M)
program, submitted on March 22, 1996, and formal amendments submitted
by the Secretary of the Pennsylvania Department of Environmental
Protection on June 27, 1996; July 29, 1996; November 1, 1996; October
22, 1997; November 13, 1997; February 24, 1998; August 21, 1998;
November 25, 1998; and March 3, 1999.
(i) Incorporation by reference.
(A) Letter of November 13, 1997 from the Secretary of the
Pennsylvania Department of Environmental Protection transmitting
regulations for an enhanced motor vehicle inspection and maintenance
program.
(B) Pennsylvania Department of Transportation Enhanced Motor
Vehicle Inspection and Maintenance (I/M) Program regulations (contained
in Title 67 of the PA Code), effective September 27, 1997.
(1) A definition for ``temporary inspection approval indicator'',
added to section 175.2.
(2) Section 175.11
(3) Paragraph (f)(4) of section 175.29
(4) Paragraphs (a), (b), (c), and (d) of section 175.41. Paragraph
(b)(3) of section 175.41. Subparagraphs (d)(2)(ii) and (d)(2)(iii), and
paragraphs (e)(5) and (f)(4) of section 175.41.
(5) Sections 175.42, 175.43, 175.44, and 175.45.
(6) Sections 177.1, 177.2, 177.3, 177.21, 177.22, 177.23, 177.24,
177.51, 177.52, 177.53, 177.101, 177.102, 177.103, 177.104, 177.105,
177.106.
(7) Sections 177.201, 177.202, 177.203, 177.204, 177.231, 177.233,
177.251, 177.252, 177.253, 177.271, 177.272, 177.273, 177.274, 177.281,
177.282, 177.291, 177.292, 177.301, 177.302, 177.304, and 177.305.
(8) Sections 177.401, 177.402, 177.403, 177.404, 177.405, 177.406,
177.407, 177.408, 177.421, 177.422, 177.423, 177.424, 177.425, 177.426,
177.427, and 177.431.
(9) Sections 177.501, 177.502, 177.503, 177.504, and 177.521.
(10) Sections 177.602, 177.603, 177.605, 177.606, 177.651, 177.652,
177.671, 177.672, 177.673, and 177.691.
(11) Appendix A to Title 67 of the Pennsylvania Code.
(12) Appendix B to Title 67 of the Pennsylvania Code.
(ii) Additional Material.--Remainder of Submittals
The Commonwealth submitted materials in support of its enhanced
motor vehicle inspection and maintenance (I/M) program regulation.
These materials were submitted in formal SIP revisions dated: March 27,
1996; July 29, 1996; November 1, 1996; November 13, 1997; February 24,
1998; August 21, 1998; November 25, 1998; and March 3, 1999, and
include:
(A) Submittal submitted under a letter dated March 22, 1996, from
the Secretary of the Pennsylvania Department of Environmental
Protection.
(B) Materials submitted under a letter dated June 27, 1996, from
the Secretary of the Department of Environmental Protection.
(C) Materials submitted under a letter of July 29, 1996, from the
Secretary of the Department of Environmental Protection.
(D) Materials submitted under a letter of November 1, 1996, from
the Secretary of the Department of Environmental Protection.
(E) Materials submitted under a letter of October 27, 1997, from
the Secretary of the Department of Environmental Protection.
(F) Materials submitted under a letter of February 24, 1998, from
the Secretary of the Department of Environmental Protection.
(G) Documents submitted by a letter dated August 21, 1998, from the
Secretary of the Department of Environmental Protection.
(H) Materials submitted by the Secretary of the Department of
Environmental Protection, in a letter dated November 25, 1998, and
amended by a letter dated March 3, 1999.
3. In Section 52.2026, the introductory sentence is removed and
paragraph (a) and paragraph (b) are removed and reserved.
[FR Doc. 99-15163 Filed 6-16-99; 8:45 am]
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