[Federal Register Volume 62, Number 110 (Monday, June 9, 1997)]
[Rules and Regulations]
[Pages 31349-31351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14986]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[UT-NHA-02; FRL-5834-9]
Approval and Promulgation of Air Quality Implementation Plans;
Utah; Improved Motor Vehicle Inspection and Maintenance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule.
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SUMMARY: EPA is granting interim approval of a State Implementation
Plan (SIP) revision submitted by the State of Utah. This revision
establishes and requires the implementation of an improved basic
inspection and maintenance (I/M) program in Utah County. The intended
effect of this action is to approve the State's proposed I/M program
for an interim period to last 18 months, based upon the State's good
faith estimate of the program's performance. This action is being taken
under section 110 of the Clean Air Act and section 348 of the National
Highway Systems Designation Act.
EFFECTIVE DATE: This final rule is effective on July 9, 1997.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
USEPA Region VIII (P2-A), 999 18th Street--Suite 500, Denver, Colorado
80202-2466. Interested persons wanting to examine these documents
should make an appointment with the appropriate office at least 24
hours before the visiting day.
FOR FURTHER INFORMATION CONTACT: Scott P. Lee, at (303) 312-6736 or via
e-
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mail at lee.scott@epamail.epa.gov. The mailing address is, USEPA
Region VIII (P2-A), 999 18th Street--Suite 500, Denver, Colorado 80202-
2466.
SUPPLEMENTARY INFORMATION:
I. Background
On October 10, 1996 (61 FR 53180), EPA published a notice of
proposed rulemaking (NPR) for the State of Utah. The NPR proposed
interim approval of Utah's improved basic inspection and maintenance
program for Utah County, submitted to satisfy the applicable
requirements of both the Clean Air Act (CAA) and the National Highway
Safety Designation Act (NHDSA). The formal SIP revision was submitted
by Utah's Governor, Michael O. Leavitt, on March 15, 1996.
As described in the NPR, the NHSDA directs EPA to grant interim
approval for a period of 18 months to approvable I/M submittals under
the NHSDA. The NHSDA also directs EPA and the states to review the
interim program results at the end of that 18-month period, and to make
a determination as to the effectiveness of the interim program.
Following this demonstration, EPA will adjust any credit claims made by
the state in its good faith effort, to reflect the emissions reductions
actually measured by the State during the program evaluation period.
The NHSDA is clear that the interim approval shall last for only 18
months, and that the program evaluation is due to EPA at the end of
that period. Therefore, EPA believes Congress intended for these
programs to start up as soon as possible, which EPA believes should be
on or before November 15, 1997, so that at least six months of
operational program data can be collected to evaluate the interim
programs. EPA believes that in setting such a strict timetable for
program evaluations under the NHSDA, Congress recognized and attempted
to mitigate any further delay with the start-up of this program. If
Utah County fails to start its program according to this schedule, this
interim approval granted under the provisions of the NHSDA will convert
to a disapproval after a finding letter is sent to the State. The start
date provision will only trigger a disapproval upon EPA's notification
to the State by letter that the start date has been missed. Because the
start date condition is not imposed pursuant to a commitment to correct
a deficient SIP under 110(k)(4), EPA does not believe it is necessary
to have the SIP approval convert to a disapproval automatically if the
start date is missed. EPA is imposing the start date condition under
its general SIP approval authority of section 110(k)(3), which does not
require automatic conversion.
The program evaluation to be used by the State during the 18-month
interim period must be acceptable to EPA. The Environmental Council of
States (ECOS) group has developed such a program evaluation process
which includes both qualitative and quantitative measures, and this
process has been deemed acceptable to EPA. The core requirement for the
quantitative measure is that a mass emission transient test (METT) be
performed on 0.1% of the subject fleet, as required by the I/M Rule at
40 CFR 51.353 and 51.366.
As per the NHSDA requirements, this interim rulemaking will expire
on January 11, 1999. A full approval of Utah's final I/M SIP revision
for Utah County (which will include the State/County program evaluation
and final adopted County/State regulations) is still necessary under
section 110 and under section 182, 184 or 187 of the CAA. After EPA
reviews the State/County's submitted program evaluation and
regulations, final rulemaking on the State/County's SIP revision will
occur.
Specific requirements of the Utah improved basic I/M SIP for Utah
County and the rationale for EPA's proposed action are explained in the
NPR and will not be restated here.
II. Public Comment/Response to Comments
No comments were received.
III. Final Rulemaking Action
EPA is approving the improved basic I/M program for Utah County as
a revision to the Utah SIP. The State's I/M program revisions for Utah
County meet requirements pursuant to sections 182 and 187 of the Act
and 40 CFR part 51, subpart S and section 348 of the NHSDA for interim
approval. This approval is being granted on an interim basis for a
period of 18 months, under the authority of section 348 of the National
Highway Systems Designation Act of 1995. At the end of this period, the
approval will lapse.
Following this interim period, full approval of the State's plan
and associated program credit will only be granted if the following
criteria are met:
(1) EPA's review of the State/County's program evaluation confirms
that the appropriate amount of program credit was claimed by the State/
County and achieved with the interim program,
(2) Final program regulations are submitted to EPA.
Following a review of the State/County's credit evaluation and
final rules, EPA will proceed with further rulemaking action under
section 110 of the Clean Air Act.
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.
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, 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
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 this approval is converted to a disapproval, it will not affect
any existing state requirements applicable to small entities. Federal
disapproval of the state submittal would not affect its
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state-enforceability. Moreover, EPA's disapproval of the submittal
would not impose a new Federal requirement. Therefore, EPA certifies
future conversion to a disapproval would not have a significant impact
on a substantial number of small entities because it does not remove
existing requirements nor would 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 approval action proposed/promulgated
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 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 section 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
section 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 August 8, 1997.
Filing a petition for reconsideration by the Administrator of this
final interim 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) of the Administrative Procedures Act).
List of Subjects in 40 CFR part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Reporting
and record keeping requirements.
Dated: May 21, 1997.
Patricia D. Hull,
For Acting Regional Administrator, Region VIII.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
SUBPART TT-UTAH
2. Section 52.2348 is added to Subpart TT to read as follows:
Sec. 52.2348 National Highway Systems Designation Act Motor Vehicle
Inspection and Maintenance (I/M) Programs
On March 15, 1996 the Governor of Utah submitted a revised I/M
program for Utah County which included a credit claim, a basis in fact
for the credit claimed, a description of the County's program, draft
County ordinances, and authorizing legislation for the program.
Approval is granted on an interim basis for a period of 18 months,
under the authority of section 348 of the National Highway Systems
Designation Act of 1995. If Utah County fails to start its program by
November 15, 1997 at the latest, this approval will convert to a
disapproval after EPA sends a letter to the State. At the end of the
eighteen month period, the approval will lapse. At that time, EPA must
take final rulemaking action upon the State's SIP, under the authority
of section 110 of the Clean Air Act. Final action on the State/County's
plan will be taken following EPA's review of the State/County's credit
evaluation and final regulations (State and County) as submitted to
EPA.
[FR Doc. 97-14986 Filed 6-6-97; 8:45 am]
BILLING CODE 6560-50-P
