99-25424. Approval and Promulgation of Air Quality Implementation Plans; Delaware; Enhanced Motor Vehicle Inspection and Maintenance (I/M) Program  

  • [Federal Register Volume 64, Number 189 (Thursday, September 30, 1999)]
    [Rules and Regulations]
    [Pages 52657-52660]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-25424]
    
    
    -----------------------------------------------------------------------
    
    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [DE039-1026; FRL-6449-2]
    
    
    Approval and Promulgation of Air Quality Implementation Plans; 
    Delaware; Enhanced Motor Vehicle Inspection and Maintenance (I/M) 
    Program
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
    submitted by the State of Delaware. This revision establishes and 
    requires the implementation of an 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 approve the Delaware enhanced motor vehicle 
    I/M program as a SIP revision under the Clean Air Act (the Act).
    
    EFFECTIVE DATE: This final rule is effective on November 1, 1999.
    
    ADDRESSES: 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; and Delaware 
    Department of Natural Resources & Environmental Control, 89 Kings 
    Highway, Dover, Delaware 19903.
    
    FOR FURTHER INFORMATION CONTACT: Jill Webster, (215) 814-2033, or by e-
    mail at Webster.Jill@epa.gov.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        On July 7, 1999 (64 FR 36635), EPA published a notice of proposed 
    rulemaking (NPR) for the State of Delaware. The NPR proposed approval 
    of revisions to the SIP for an enhanced motor vehicle I/M program. The 
    formal SIP revision was submitted by the Delaware Department of Natural 
    Resources and Environmental Control (DNREC) on June 16, 1998 and 
    additional revisions were submitted on May 24, 1999. A description of 
    Delaware's submittals and EPA's rationale for our proposed action were 
    presented in the NPR and will not be restated here. No public comments 
    were received on the NPR.
        Additionally, EPA is not requiring the State of Delaware to 
    implement section 40 CFR 51.356 (a)(4) dealing with federal 
    installations within I/M areas at this time. The Department of Justice 
    has recommended to EPA that these provisions of the federal I/M 
    regulation be revised since it appears to grant states authority to 
    regulate federal installations in circumstances where the federal 
    government has not waived sovereign immunity. Federally owned vehicles 
    operated in Delaware are required to meet the same requirements as 
    Delaware registered vehicles, but it would not be appropriate to 
    require compliance with this regulation if it is not constitutionally 
    authorized. EPA will be revising these provisions in the future. EPA 
    will review state I/M SIPs with respect to this issue when the revised 
    rule is final. EPA is neither approving nor disapproving requirements 
    which apply to federal facilities at this time.
        EPA believes that approval of Delaware's I/M program was 
    sufficiently proposed in the rulemaking process and that omitting its 
    requirements pursuant to section 40 CFR 51.356(a)(4) from this approval 
    would not warrant further comment, because responsibility for 
    compliance with those requirements rests with the Federal government. 
    For this reason, EPA invokes the ``good cause'' clause of the 
    Administrative Procedure Act section 553(b)(B) to make this change in 
    this final notice. It would be contrary to the public interest to take 
    final action on these provisions which may be unconstitutional and 
    which EPA is currently revising.
    
    II. Final Action
    
        EPA is approving Delaware's low enhanced I/M program as a revision 
    to the Delaware SIP, with the exception of its provisions for federal 
    facilities.
    
    III. Administrative Requirements
    
    A. Executive Orders 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 Orders on Federalism
    
        Under E.O. 12875, EPA may not issue a regulation that is not 
    required by statute and that creates a mandate upon
    
    [[Page 52658]]
    
    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.
        On August 4, 1999, President Clinton issued a new executive order 
    on federalism, Executive Order 13132, (64 FR 43255 (August 10, 1999), 
    which will take effect on November 2, 1999. In the interim, the current 
    Executive Order 12612, (52 FR 41685 (October 30, 1987), on federalism 
    still applies. This rule will not have a substantial direct effect on 
    States, on the relationship between the national government and the 
    States, or on the distribution of power and responsibilities among the 
    various levels of government, as specified in Executive Order 12612. 
    The rule affects only one State, and does not alter the relationship or 
    the distribution of power and responsibilities established in the Clean 
    Air Act.
    
    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 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).
    
    [[Page 52659]]
    
    H. 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 November 29, 1999. Filing a 
    petition for reconsideration by the Administrator of this final rule to 
    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).)
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Air pollution control, Carbon monoxide, 
    Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone, 
    Reporting and recordkeeping requirements.
    
        Dated: September 20, 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 I--Delaware
    
        2. In Section 52.420, the table in paragraph (c) entitled ``EPA-
    Approved Regulations in the Delaware SIP'' is amended by revising the 
    entry for Regulation 26--Motor Vehicle Emissions Inspections Program, 
    and adding an entry for Regulation 31--Low Enhanced Inspection and 
    Maintenance Program.
    
    
    Sec. 52.420  Identification of plan.
    
    * * * * *
        (c) EPA approved regulations.
    
                                      EPA-Approved Regulations in the Delaware SIP
    ----------------------------------------------------------------------------------------------------------------
                                                             State
           State citation              Title subject       effective        EPA approval date           Comments
                                                              date
    ----------------------------------------------------------------------------------------------------------------
     
            *                  *                  *                  *                  *                  *
    ----------------------------------------------------------------------------------------------------------------
                                Regulation 26  MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM
    ----------------------------------------------------------------------------------------------------------------
    Section 1...................  Applicability and            4/1/90  1/06/92....................  Regulation 26
                                   Definitions.                        57 FR 351..................   provisions
                                                                                                     apply to Sussex
                                                                                                     County only,
                                                                                                     effective
                                                                                                     November 1,
                                                                                                     1999.
    Section 2...................  General Provisions....       4/1/90  1/06/92....................
                                                                       57 FR 351..................
    Section 3...................  Registration                 5/9/85  12/08/86...................  ................
                                   Requirement.                        51 FR 44068................
    Section 4...................  Exemptions............       4/1/90  01/06/92...................  ................
                                                                       57 FR 351..................
    Section 5...................  Enforcement...........       7/6/82  10/17/83...................  ................
                                                                       48 FR 46986................
    Section 6...................  Compliance, Waivers,         4/1/90  01/06/92...................  ................
                                   Extensions of Time,                 57 FR 351..................
                                   and Repairs.
    Section 7...................  Inspection Facility          7/6/82  10/17/83...................  ................
                                   Requirements.                       48 FR 46986................
    Section 8...................  Certification of Motor       7/6/82  10/17/83...................  ................
                                   Vehicle Officers.                   48 FR 46986................
    Section 9...................  Calibration and Test         7/6/82  10/17/83...................  ................
                                   Procedures and                      48 FR 46986................
                                   Approved Equipment.
    Technical Memorandum 1......  Motor Vehicle                4/1/90  01/06/92...................  ................
                                   Inspection and                      57 FR 351..................
                                   Maintenance Program
                                   Vehicle Test
                                   Procedure and Machine
                                   Calibration.
     
    *                  *                  *                  *                  *                  *
                                                            *
    ----------------------------------------------------------------------------------------------------------------
                             Regulation 31  Low Enhanced Inspection and Maintenance Program
    ----------------------------------------------------------------------------------------------------------------
    Section 1...................  Applicability.........      8/13/98  9/30/99....................  Provisions apply
                                                                                                     to New Castle
                                                                                                     and Kent
                                                                                                     Counties
    Section 2...................  Low Enhanced I/M            8/13/98  9/30/99....................  ................
                                   performance standard.
    Section 3...................  Network type and            6/11/99  9/30/99....................  ................
                                   program evaluation.
    Section 4...................  Test Frequency and          6/11/99  9/30/99....................  ................
                                   Convenience.
    Section 5...................  Vehicle Coverage-           6/11/99  9/30/99....................  ................
                                   except paragraph (4)
                                   which applies to
                                   federal facilities.
    Section 6...................  Test Procedures and         6/11/99  9/30/99....................  ................
                                   Standards.
    Section 7...................  Waivers and Compliance      8/13/98  9/30/99....................  ................
                                   Via Diagnostic
                                   Inspection.
    Section 8...................  Motorist Compliance         8/13/98  9/30/99....................  ................
                                   Enforcement.
    Section 9...................  Enforcement Against         8/13/98  9/30/99....................  ................
                                   Operators and Motor
                                   Vehicle Technicians.
    Section 10..................  Improving Repair            8/13/98  9/30/99....................  ................
                                   Effectiveness.
    Section 11..................  Compliance with Recall      8/13/98  9/30/99....................  ................
                                   Notices.
    Section 12..................  On-Road Testing.......      8/13/98  9/30/99....................  ................
    
    [[Page 52660]]
    
     
    Section 13..................  Implementation              6/11/99  9/30/99....................  ................
                                   Deadlines.
    Appendix 1(d)...............  Commitment to Extend        8/13/98  9/30/99....................  ................
                                   the I/M Program to
                                   the Attainment Date
                                   Letter from Secretary
                                   Tulou to EPA
                                   Administrator, W.
                                   Michael McCabe.
    Appendix 3 (a)(7)...........  Exhaust Emission            8/13/98  9/30/99....................  ................
                                   Limits According to
                                   Model Year.
    Appendix 3(c)(2)............  VMASTM Test Procedure.      6/11/99  9/30/99....................  ................
    Appendix 4(a)...............  Sections from Delaware      8/13/98  9/30/99....................  ................
                                   Criminal and Traffic
                                   Law Manual.
    Appendix 5(a)...............  Division of Motor           8/13/98  9/30/99....................  ................
                                   Vehicles Policy on
                                   Out-of-State Renewals.
    Appendix 5(f)...............  Clean Screening             6/11/99  9/30/99....................  ................
                                   Vehicle Exemption.
    Appendix 6(a)...............  Idle Emissions Test         6/11/99  9/30/99....................  ................
                                   Procedures.
    Appendix 6(a)(5)............  Vehicle Emission            8/13/98  9/30/99....................  ................
                                   Repair Report Form.
    Appendix 6(a)(8)............  Evaporative System          8/13/98  9/30/99....................  ................
                                   Integrity (Pressure)
                                   Test.
    Appendix 7(a)...............  Emission Repair             8/13/98  9/30/99....................  ................
                                   Technician
                                   Certification Process.
    Appendix 8(a)...............  Registration Denial         8/13/98  9/30/99....................  ................
                                   System Requirements
                                   Definition.
    Appendix 9(a)...............  Enforcement Against         8/13/98  9/30/99....................  ................
                                   Operators and
                                   Inspectors.
     
    *                  *                  *                  *                  *                  *
                                                            *
    ----------------------------------------------------------------------------------------------------------------
    
    Sec. 52.424  [Amended]
    
        3. In section 52.424, paragraph (b) is removed and reserved.
    [FR Doc. 99-25424 Filed 9-29-99; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
11/1/1999
Published:
09/30/1999
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
99-25424
Dates:
This final rule is effective on November 1, 1999.
Pages:
52657-52660 (4 pages)
Docket Numbers:
DE039-1026, FRL-6449-2
PDF File:
99-25424.pdf
CFR: (2)
40 CFR 52.420
40 CFR 52.424