[Federal Register Volume 60, Number 64 (Tuesday, April 4, 1995)]
[Rules and Regulations]
[Pages 16988-16996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8221]
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[[Page 16989]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OH69-1-6680a; FRL-5175-2]
Approval and Promulgation of Air Quality Implementation Plans
Ohio; Enhanced Motor Vehicle Inspection and Maintenance Program
AGENCY: Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: The USEPA is giving full approval through a direct final
procedure of the Vehicle Inspection and Maintenance (I/M) program as a
revision of the State Implementation Plan (SIP) for ozone for the
Cleveland-Akron-Lorain, the Dayton-Springfield, and Cincinnati moderate
ozone nonattainment areas in the State of Ohio. The revision and
subsequent related material was submitted by the State on November 12,
1993, March 15, 1994 and May 26, 1994. The SIP revision establishes and
requires the implementation of an enhanced I/M program in three (3)
nonattainment areas consisting of fourteen (14) counties in the State,
and enables the development of a basic program in one (1) other area
consisting of two (2) counties. The Cleveland-Akron-Lorain, the Dayton-
Springfield, and Cincinnati areas are designated moderate nonattainment
for ozone and have opted to implement enhanced I/M. The I/M program is
designed to be contract operated, and the State has taken the necessary
steps to get the program up and running within the timeframe required
in the USEPA regulations. The Toledo area was also included as part of
the I/M submittal. This area is undergoing review for redesignation to
attainment for ozone. As such, the USEPA will take no action at this
time regarding the submittal of an I/M program in the Toledo area. The
USEPA is approving the legislation and rules for the Toledo area but
will rulemake on the need for an I/M program in the Toledo area at a
later date. This I/M SIP action is being taken under section 110 of the
Clean Air Act (the Act).
In the proposed rules section of this Federal Register, USEPA is
proposing approval of this I/M program and SIP revision and solicits
public comments on the action. If adverse comments are received on this
direct final rule, USEPA will withdraw this final rule and address
these comments in a subsequent final rule based on the proposed rule.
EFFECTIVE DATES: This action will be effective June 5, 1995 unless by
May 4, 1995, someone submits adverse or critical comments. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be addressed to: William L.
MacDowell, Chief, Regulation Development Section, Air Enforcement
Branch (AE-17J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Copies of the documents related to this action are available for
public inspection during normal business hours at the following
addresses: United States Environmental Protection Agency, Region 5, Air
and Radiation Division, 77 West Jackson Boulevard (AE-17J), Chicago,
Illinois 60604; and Office of Air and Radiation, Docket and Information
Center, Room M1500, U.S. Environmental Protection Agency, 401 M Street,
S.W. Washington D.C., 20460.
FOR FURTHER INFORMATION CONTACT: John Paskevicz, Regulation Development
Section, Air Enforcement Branch (AE-17J), U. S. Environmental
Protection Agency, Chicago, Illinois 60604 (312) 886-6084.
SUPPLEMENTARY INFORMATION:
I. Introduction
Motor vehicles are a major contributor of volatile organic
compounds (VOC), carbon monoxide (CO), and nitrogen oxide (NOX)
emissions. The motor vehicle inspection and maintenance program is an
effective means of reducing these emissions. Despite improvements in
emission control technology in past years, mobile sources in urban
areas continue to remain responsible for roughly half of the emissions
of VOC causing ozone, and most of the emissions of CO. They also emit
substantial amounts of nitrogen oxides and air toxics. This is because
the number of vehicle miles traveled has doubled in the last 20 years
to 20x1012 (20 trillion) miles per year, offsetting much of the
technological progress in vehicle emission control over the same
period. Projections indicate that the steady growth in vehicle miles
will continue.
Under the Act, the USEPA is pursuing a three-point strategy to
achieve emission reductions from motor vehicles. The development and
commercialization of cleaner vehicles and cleaner fuels represent the
first two elements of the strategy. These developments will take many
years before cleaner vehicles and fuels dominate the fleet and
favorably impact the environment. This Notice deals with the third
element of the strategy, inspection and maintenance, which is aimed at
the reduction of emissions from the existing fleet by ensuring that
vehicles are maintained to meet the emission standards established by
USEPA. Properly functioning emission controls are necessary to keep
pollution levels low. The driving public is often unable to detect a
malfunction of the emission control system. While some minor
malfunctions can increase emissions significantly, they do not affect
drivability and may go unnoticed for a long period of time. Effective
I/M programs can identify excessive emissions and assure repairs. The
USEPA projects that sophisticated I/M programs such as the one being
proposed in this rulemaking in Ohio will identify emission related
problems and prompt the vehicle owner to obtain timely repairs thus
reducing emissions.
The Act requires that polluted cities adopt either a ``basic'' or
``enhanced'' I/M program, depending on the severity of the pollution
and the population of the area. Moderate ozone nonattainment areas,
plus marginal ozone areas with existing or previously required I/M
programs in Census-defined urbanized areas, fall under the ``basic'' I/
M requirements. Basic and enhanced I/M programs both achieve their
objective by identifying vehicles that have high emissions as a result
of one or more malfunctions, and requiring them to be repaired. An
``enhanced'' I/M program covers more vehicles in operation in the
fleet, employs inspection methods which are better at finding high
emitting vehicles, and has additional features to better assure that
all vehicles are tested properly and effectively repaired. The Act
directed USEPA to establish a minimum performance standard for enhanced
I/M programs. The standard is based on the performance achievable by
annual inspections in a centralized test program. States have
flexibility to design their own programs if they can show that their
program is as effective as the model program used in the performance
standard. Naturally, the more effective the program the more credit a
State will get towards the emission reduction requirement. An effective
program will help to offset growth in vehicle use and allow for
industrial and/or commercial growth.
The USEPA and the States have learned a great deal about what makes
an I/M program effective since the Clean Air Act of 1977 first required
I/M programs for polluted areas. There are three major keys to an
effective program:
[[Page 16990]] (1) Given the advanced state of current vehicle
design and anticipated technology changes, the ability to accurately
fail problem vehicles and pass clean ones requires improved test
equipment and test procedures;
(2) Comprehensive quality control and aggressive enforcement is
essential to assuring the testing is done properly;
(3) Skillful diagnostics and capable mechanics are important to
assure that failed cars are fixed properly.
These three factors are missing in most older I/M programs.
Specifically, the idle and 2500 RPM/idle short tests and anti-tamper
inspections used in current I/M programs are not as effective in
identifying and reducing in-use emissions from the types of vehicles in
the current and future fleet. Also, covert audits by USEPA and State
agencies typically discover improper inspection and testing 50 percent
of the time in test-and-repair stations indicating poor quality
control. Experience has shown that quality control at high-volume test-
only stations is usually much better. And, finally, diagnostics and
mechanics training are often poor or nonexistent.
On November 5, 1992 (57 FR 52950), USEPA established a high-tech
emission test for high-tech cars. This I/M test, known as the IM240
test, is so effective that biennial test programs yield almost the same
emission reduction benefits as annual programs. The test can also
accurately measure NOX emissions where NOX is important to
address an ozone problem. Adding the pressure and purge test increases
the benefit even more resulting in lower testing costs and consumer
time demands. The pressure test is designed to find leaks in the fuel
system, and the purge test evaluates the functionality of the vapor
control system.
II. Background
There are four (4) areas in the State of Ohio which are required to
implement an I/M program. They are: the Cleveland-Akron-Lorain, the
Dayton-Springfield, Cincinnati, and Toledo areas. All are classified
moderate nonattainment for ozone.
On September 13, 1993, the State submitted a request for
redesignation to attainment for the Toledo area. The State analysis
shows that the ozone standard can be maintained in the Toledo area
without an I/M program. This request is still pending. The USEPA will
rulemake on this issue at a later date.
On November 12, 1993, December 12, 1993, March 15, 1994, and May
26, 1994, the State of Ohio submitted material which comprised the
State's I/M SIP revision for the areas in the State required to
implement basic I/M. The November 12, 1993, submittal contained the
program plan, emission inventory, legislation, draft rules, and draft
request for proposal (RFP) along with demographic material for the
areas of concern. The December 12, 1993, I/M submittal contained the
official request from the Director, Ohio Environmental Protection
Agency (OEPA) asking USEPA for approval. On March 15, 1994, the State
submitted the final RFP and additional support material for three (3)
of the areas (referred to as ``zones'' in the State SIP) in which
enhanced I/M will be implemented. The May 26, 1994, submittal contained
final approved rules, public notice material, proceedings from the
public hearings, written comments and certification materials. Finally,
in a letter dated June 22, 1994, the Director provided assurances to
the USEPA that the State has completed an RFP for the Toledo
Metropolitan area which will be released promptly should the State's
request for redesignation to attainment be disapproved.
On January 21, 1994, the USEPA notified the State that the November
12, 1993, I/M revision submittal was not complete and that the
sanctions clock had started. Upon receipt of the additional material
noted above on July 22, 1994, the USEPA notified the OEPA that the
State's I/M implementation plan revision was complete and the sanctions
clock started in January had been stopped for all of the affected
areas. While the State did not issue a request for proposal (RFP) for
the Toledo area, it did have an RFP ready to issue in the event the
redesignation to attainment failed.
The program also included rules which give the Director of the OEPA
authority to implement a centralized basic I/M program in any area
designated moderate nonattainment. The USEPA considered the SIP
submittal complete in part because it contained all the required
authority to readily implement an I/M program without any additional
action on the part of the State legislature.
The Ohio I/M program was enabled by Senate Bill 18, which was
signed into law by Governor Voinovich on June 27, 1993, and became
effective on September 27, 1993. The bill gives the Director of OEPA
authority to implement the I/M program, and defines the geographic
boundaries of the program in each nonattainment area based on county
boundaries. The bill authorizes I/M for the following Ohio counties
which have Census-defined urbanized areas: In the Cleveland-Akron-
Lorain CMSA, the counties of Cuyahoga, Geauga, Lake, Lorain, Medina,
Portage, and Summit; in the Dayton-Springfield CMSA, the counties of
Clark, Greene, and Montgomery; in the Cincinnati CMSA, the counties of
Butler, Clermont, Hamilton and Warren; and in the Toledo MSA, the
counties of Lucas and Wood. Basic I/M is required in all Census-defined
urbanized areas designated as moderate nonattainment. The legislation
also established a process under which local governments in an area
classified as moderate nonattainment can ask the Director of the OEPA
to implement and supervise an enhanced I/M program instead of the
required basic program. With the exception of the Toledo area, the
other three nonattainment areas have opted, through the legislatively
prescribed process, to implement enhanced I/M. The March 15, 1994,
submittal contained the State's RFP which describes in detail the
requirements for a contractor to develop and operate the enhanced I/M
program in these three areas.
The USEPA has determined that the Ohio enhanced I/M program meets
the requirements of USEPA's performance standard and other requirements
contained in the Federal I/M rule promulgated on November 5, 1992 (57
FR 52950). The biennial, centralized, test only program, is required to
begin testing in September 1995, two years after the legislation became
effective. Testing will be conducted by a contractor and supervised by
the Ohio EPA, Air Division. Additional aspects of the program include:
IM240 testing of 1981 and newer vehicles; two-speed idle test of pre-
1981 vehicles to 1975; pressure and purge testing; a test fee to ensure
the State has adequate resources to supervise the program; enforcement
by registration denial; opacity testing of diesel powered vehicles;
waiver limits set at $100 for 1975-1980 model year, and $200, actual
expenditures, for 1981 and later model year vehicles; compilation of a
list of repair facilities which can repair a vehicle to pass the
tailpipe inspection; data collection; repair effectiveness program;
inspector training and certification; penalties for inspectors and
contractors; and emission recall enforcement. In addition to the above,
the Director of the Ohio EPA provided assurances in his letter of June
22, 1994, to the USEPA Regional Administrator that in the event the
Toledo redesignation to attainment is not approved, the State will
immediately obtain a contractor to operate a basic I/M program in that
area. An analysis of how the Ohio program meets the Federal program
requirements is provided below.
[[Page 16991]]
A. Applicability
Under the requirements of the Clean Air Act, basic inspection and
maintenance programs are required in a number of areas classified as
moderate nonattainment for ozone. These areas include: Cleveland-Akron-
Lorain CMSA including the counties of Cuyahoga, Geauga, Lake, Lorain,
Medina, Portage, and Summit; Dayton-Springfield CMSA including the
counties of Clark, Greene, and Montgomery; Cincinnati CMSA including
the counties of Butler, Clermont, Hamilton and Warren; and the Toledo
MSA containing the counties of Lucas and Wood. The State excluded some
smaller urbanized areas in the CMSAs based on population. However,
because the I/M program is implemented on a county-wide basis,
exclusion of these areas is offset by the inclusion of non-urban
residents in the I/M counties. Ashtabula and Miami counties are
excluded from the I/M testing program because these counties contain no
urban areas. In the Cleveland-Akron-Lorain CMSA, 96.5 percent of the
population is in the program. In the Dayton-Springfield CMSA, 90.3
percent of the population is in the program. All of the counties in the
Cincinnati CMSA are included in the program.
B. Enhanced I/M Performance Standard
The enhanced I/M program must be designed and implemented to meet
or exceed a minimum performance standard. The minimum performance
standard in this case is a basic I/M program which is required in all
four (4) moderate nonattainment areas of the State. Areas are required
to meet the performance standard for the pollutants which cause them to
be subject to I/M requirements. Emission levels are calculated using
the most recent version of USEPA mobile source emission factor model.
In Ohio the performance standard must be met for volatile organic
compounds (VOC). The performance standard is established using the
model I/M program inputs and local characteristics, such as vehicle mix
and local fuel controls, and model I/M program parameters for the
following: network type, start date, test frequency, model year
coverage, vehicle type coverage, exhaust emission test type, emission
standards, emission control device, evaporative system function checks,
stringency, waiver rate, compliance rate and evaluation date. Ohio used
the USEPA model known as MOBILE5a to calculate the emission levels from
the program design. The Ohio I/M program target design includes:
centralized test, 1983 start date, biennial frequency, 1970 and newer
model year coverage, vehicle types include LDGV, LDGT1, LDGT2 and HDGV
up to 10,000 pounds, IM240 for 1981 and newer vehicles, and a steady-
state loaded test for pre-1981 vehicles, five (5) element visual
inspection and pressure purge on all vehicles, stringency rate for all
vehicles will be 20 percent, waiver rate will be 3 percent and a 96
percent compliance rate. The performance standard is based on a basic
I/M program for all areas in the State because the areas are classified
as moderate nonattainment areas and are required to implement a basic
I/M program.
The emission levels achieved by the State were modeled using
MOBILE5a. The demonstration was performed correctly, using local
characteristics and shows that the program design will exceed the
minimum required I/M performance standard. The State exempts a number
of alternatively powered vehicles from the I/M program. The USEPA
believes these exemptions for electric, hydrogen powered, compressed
natural gas, methanol, ethanol and propane, which are intended to
encourage the use of renewable and alternative energy sources, will
have little or no impact on emissions in the immediate future.
C. Network Type and Program Evaluation
Three of the four Ohio ozone nonattainment areas are opting into
the enhanced I/M program. In these enhanced areas a contractor will
operate a test-only centralized network for inspections and
reinspection. All vehicles included in the emission reduction
demonstration will be tested by a contractor in centralized I/M test
facilities. The contract specifies that the contractor is barred from
involvement in motor vehicle-related business with the exception of
vehicle testing equipment fabrication and sales. Authority for this
program is established in Senate Bill 18. The Ohio legislation
specifies inspections and reinspection under an enhanced program shall
be conducted by a centralized contractor.
The Ohio I/M program plan calls for the Ohio EPA to institute an
ongoing evaluation of the enhanced I/M program consistent with USEPA
regulations to quantify the emissions reductions benefits of the
program to verify that it is meeting the requirements of the Clean Air
Act. The evaluation will consist of monitoring the performance of IM240
on a random, representative sample of at least 0.1 percent of the
vehicles subject to inspection and covering a 25 model-year rolling
window. Evaporative system purge (1981 and newer) and pressure tests
(all model years) will be performed on those vehicles subject to the
test requirements. The State program plan describes the manner in which
the State will perform the evaluation: using Ohio EPA auditors,
visiting each lane at every station, choosing vehicles at random at
different times of the day, performing calibration checks, and ensuring
the selected vehicles represent the fleet mix in the test area. The
evaluation program includes surveys conducted by the State to assess
the effectiveness of repairs performed on vehicles which fail any of
the required tests. Tampering rates will be measured for changes during
the life of the program, and deterrent effects will be evaluated. Ohio
law prohibits the sale of any tampered vehicle in the State.
Lane inspectors employed by the contractor will be evaluated using
undercover audit vehicles and State personnel. The mission of the
auditors will be to conduct surveys for inspector effectiveness in
identifying vehicles in need of repair. Ohio EPA will submit biennial
reports on the results of the evaluations. The report will assess
whether the program is meeting the emission reduction target.
D. Adequate Tools and Resources
The Federal regulation requires the State to demonstrate that there
is adequate funding of the program functions including quality
assurance, data analysis and reporting, holding hearings and
adjudication of cases. The Ohio I/M program will be funded through a
per-vehicle inspection fee which will be set following award of the
centralized contracts in each of the ozone nonattainment areas.
Legislation gives the director of the Ohio EPA the authority to
establish an annual or biennial test fee sufficient to cover all costs
associated with implementation, administration and operation of the
program. The fee is capped in the State's legislation at twenty-five
(25) dollars per test for an enhanced biennial program. Approximately
$1.25 from each test will be paid to the Ohio EPA for administrative
oversight activities. This will result in sufficient funding during the
year for the State to administer the program and provide oversight,
management, and enforcement. The Ohio EPA will use leased vehicles of a
variety of makes and model years for the covert auditing program.
Arrangements are made with the Ohio Bureau of Motor Vehicles (BMV)
which provides cover registrations and license plates.
The contractor(s) selected to perform the testing will be required
to provide administrative support for Ohio EPA [[Page 16992]] staff at
the three area headquarters, along with a supply of calibration gas and
hardware to perform quality assurance audits. The Ohio BMV will provide
program oversight of the registration denial portion of the enforcement
program.
E. Test Frequency and Convenience
The Federal I/M rule requires test systems to be designed in such a
way to provide convenient service. The Ohio enhanced program test
frequency is biennial for all subject vehicles. New vehicles are not
tested until two (2) years after the initial registration. In the
biennial program even model years will be tested on the even calendar
year and odd numbered model years will be tested in the odd numbered
calendar year. The State will require that test facilities are located
such that eighty (80) percent of all motorists in urban areas do not
have to drive more than five (5) miles to a test facility, and one-
hundred (100) percent in urban area will not have to drive more than
ten (10) miles, and one-hundred (100) percent of the affected
population in rural areas will be within 15 miles of a test facility.
The State RFP specifies at least fifty-eight (58) hours of operation of
a test facility per week.
F. Vehicle Coverage
The Federal rule for enhanced I/M programs assumes coverage of all
1968 and newer model year light duty vehicles and light duty trucks up
to 8,500 pounds gross vehicle weight rating (GVWR), and includes
vehicles operating on all fuel types. The Ohio I/M program requires all
gasoline and diesel powered light duty passenger cars, light duty
trucks, and heavy duty vehicles up to 10,000 pounds, up to and
including twenty-five (25) years old and newer are subject to the
program. The BMV data available on the current fleet does not include
vehicles owned by the U.S. General Services Administration or vehicles
owned by the State BMV. These government vehicles are required to be
tested but are not currently part of the State data base. The OEPA is
working with these organizations to establish a testing routine and
schedule for these vehicles, which are not presently licensed by the
BMV. The State also exempts vehicles including historical vehicles
(older than 25 years), licensed collectors vehicles (which have use
restrictions), parade and exhibition vehicles (which receive temporary
road permits), motor cycles, recreational vehicles over 10,000 pounds,
and alternative fueled vehicles. The USEPA agrees with the State that
these vehicles do not make up a significant portion of the total motor
vehicle fleet in the tested area and most are not included in the
modeling for the performance standard. Additional information and other
statistical information regarding the fleet, required to manage the
program, will become available following the first test cycle.
G. Test Procedures and Standards
Written test procedures and pass/fail standards are required to be
established and followed for each model year and vehicle type included
in the program. Federal test procedures and standards are found in 40
CFR 51.357 and in the draft USEPA document entitled ``High-Tech I/M
Test Procedures, Equipment Standards, Quality Control Requirements, and
Equipment Specifications'', EPA-AA-EPSD-IM-93-1, finalized in April
1994. The Director of OEPA has the authority to establish test
procedures according to the needs of the program. The test procedures
are listed in the Ohio EPA RFP and correspond to the USEPA procedures.
The Ohio procedure for the evaporative system functional test uses non-
invasive helium in place of nitrogen as called for in the USEPA
procedure. The contractor will work with the USEPA to obtain approval
for use of this gas. All vehicles will be tested in an as-received
condition and vehicle owners will have an opportunity to view the test
from an area at the test site that affords an unobstructed view. Each
vehicle will be inspected prior to the emissions test and rejected from
testing if any unsafe condition exists or if the exhaust is leaking or
missing. In the event of an emission failure of any kind, all
components are retested after repairs. The State will use the same
emission standards set forth in section 85.2205(a) of the technical
guidance published by USEPA in July 1993. The State also uses the
evaporative test standards published in the same document, and a clause
in the RFP allows the State to change the standards in the event
emission cutpoints need to be changed to adjust failure rates in the
program. The State has established a twenty-five (25) year ``rolling
window'' for vehicles subject to the emission standards in the I/M
program. This concept has been taken into account in the modeling the
State performed to determine emission reduction benefits. A vehicle
with a switched engine is required to meet the emission standards of
the chassis model year as listed on the vehicle registration. If the
engine is newer than the chassis, the State's tamper provisions apply
and the vehicle will be evaluated on that basis. For the tamper
inspection, such a vehicle must match a light-duty certified
configuration of chassis model year or of a newer vehicle if it had
originally been a light-duty configuration.
The State permanently exempts a number of vehicles. The State
exempted alternatively-fueled vehicles in order to promote clean
burning fuels. Dual-fueled vehicles are not subject to this exemption.
Dual-fueled vehicles will be tested to meet the requirements of the
program while being fueled with gasoline. Exempted vehicles fall into a
select category defined as ``limited use'' and are not normally found
in common use on the highway. These include historic, parade, and
collector's vehicles, electric vehicles, vehicles over ten thousand
(10,000) pounds, vehicles with salvage certificates, and any vehicle
over twenty-five (25) years old. Temporary exemptions and extensions to
the exemptions are also available for a range of criteria. Motor
vehicles owned by military personnel stationed outside the State, out-
of-State students, owner's with a temporary medical condition, and
vehicles undergoing repair are eligible for temporary exemptions.
Owners of these vehicles are required to submit documentation to prove
status and are tracked in the State's data base to ensure the vehicle
eventually gets tested.
H. Test Equipment
The Federal regulation requires computerized test systems for
performing any measurement on subject vehicles. The Ohio EPA lists the
details of the technical specification of the test equipment in the
RFP, and make reference to the requirements of the Federal regulations
and the technical guidance document. Computerized test systems are
required for performing any measurements on subject vehicles. According
to the requirements in the RFP, these systems must conform to Federal
requirements. Each of the State's test lanes shall be equipped with a
dynamometer, constant volume sampler, non-dispersive infrared analyzers
to measure carbon monoxide, carbon dioxide, and hydrocarbons, and an
analyzer for measuring NOx, and non-invasive helium pressure and purge
test equipment. All of this equipment must pass an acceptance test
before it is approved by the State. The State's contract will require
the contractor(s) to update emission test equipment to accommodate new
technology vehicles and any changes to the program. All test systems
will be linked by a real-time data link in order to prevent
unauthorized multiple initial tests on the same vehicle in the same
test cycle. [[Page 16993]]
I. Quality Control
Quality control measures will ensure that emission measurement
equipment are calibrated and maintained properly, and that inspection,
calibration records, and control charts are accurately created,
recorded and maintained. The Ohio EPA prepared the RFP to require the
contractor to implement quality control procedures which comply with 40
CFR 51.359. The compliance document, the inspection certificate, that
Ohio EPA will issue to motorists that comply with inspection
requirements are only valid once a computer generated check redundancy
code (CRC) is printed on each document. The CRC is analyzed by the
Bureau of Motor Vehicles (BMV), and vehicle registration renewals can
only be generated by the BMV computer if the code is valid. The CRC is
only printed on a compliance document, which contains test results,
once a vehicle passes all parts of the emission inspection. The
security of compliance documents for the Ohio program focuses on the
CRC rather than the number of compliance documents issued to inspection
stations. However, inspection certificates shall be stored in a locked
container at the inspection station at all times when not in use, and
the contractor is held responsible for accountability of all
certificates. The RFP states that the contractor's quality control
procedures shall ensure that emission measurement equipment is properly
calibrated and maintained. Analyzers will automatically record quality
control check information, lockouts, attempted tampering, and any other
recordable circumstances that impact quality control.
J. Waivers and Compliance via Diagnostic Inspection
The I/M program allows the issuance of a waiver, which is a form of
compliance with the program requirements that allows a motorist to
comply without meeting the applicable test standards, as long as the
prescribed criteria are met. The State program plan contains elements
in this section which generally follow the waiver issuance criteria
listed in the Federal I/M regulation. In modeling the emission
reduction benefits, Ohio used MOBILE5a and assumed a maximum waiver
rate of 2 percent for 1980 and older model year vehicles and 3 percent
for 1981 and newer vehicles. In the event the actual waiver rate
exceeds the planned maximum used for estimating the emission reduction
benefit, the State has commited to remodel to assess the emission
reduction benefits based on the actual waiver rate.
Legislation gives the Director of the Ohio EPA the authority to
issue waivers, set and adjust cost limits, and administer the waiver
system. Following a test failure, the subsequent reinspection must show
a thirty (30) percent improvement in measured concentrations of each
pollutant that exceeded the standards in the first test and the minimum
waiver limit amount has been spent on emission related repairs. A
vehicle is eligible for a waiver when proof is provided that the
vehicle has received all repairs and adjustments for which it is
eligible under any emissions performance warranty. The costs associated
with repair of any tampering is not considered valid towards a waiver.
When proof is provided to the inspection station manager that
appropriate repairs have been performed on the vehicle, such vehicle
will be eligible for a waiver. The inspection station manager is
responsible for verifying repairs and reviewing repair receipts. The
station manager, assistant manager or an Ohio EPA auditor are
authorized to determine waiver eligibility. Waivers are valid for one
(1) year and are not renewable. The minimum expenditure made on
emission repairs is one-hundred ($100) dollars for 1980 and older
vehicles and two-hundred ($200) dollars for 1981 and newer. While the
Clean Air Act requires a minimum waiver repair expenditure for enhanced
I/M programs of $450, basic areas such as in Ohio which are opting up
to enhanced I/M do not have to meet this requirement.
The State allows exemptions to the inspection requirement and
extensions if a vehicle is undergoing extensive repair at the time of
its registration or registration renewal. The requirements for an
extension or exemption are sufficient to allow the State full
understanding of the need by the consumer for the extension or
exemption, and places a burden on the consumer to prove to the State
that such an extension or exemption is needed.
The Federal I/M rules also allow the use of compliance via
diagnostic inspection following repairs after a test failure. The State
of Ohio has chosen not to allow compliance via diagnostic repair.
K. Motorist Compliance Enforcement
The Federal regulations require the use of registration denial to
ensure compliance with the requirements of the I/M program. The Ohio
EPA, along with the Ohio Bureau of Motor Vehicles (BMV), will continue
to implement a registration denial enforcement program. Vehicle owners
who do not renew vehicle registrations, and continue to drive an
unregistered vehicle in the State, will be subject to enforcement
action by any law enforcement officer in the State. Local governments
are responsible for establishing policies for the mandatory fines of
all traffic violations including failing to comply with registration
requirements. Owners of all vehicles registered in the State are
required to affix a sticker to the lower right hand corner of the rear
license plate. This sticker identifies the month and year of the
registration renewal date. If an owner or driver fails to comply with
I/M or registration requirements, he or she will be unable to legally
drive that automobile and be subject to enforcement action. Vehicle
owners who move their residence into an Ohio I/M testing area will be
required to have an emission test prior to registering the vehicle in
the area. Motorists are permitted thirty (30) days to register the
vehicle after moving to a new address. Vehicle owners who fail to
complete the registration process after relocating may be ticketed by
law enforcement agencies for driving with a registration violation.
L. Motorist Compliance Enforcement Program Oversight
The Federal rule requires the State to audit the enforcement
program on a regular basis and the State shall follow effective program
management practices, including adjustments to improve operation when
necessary. A quality assurance program shall be implemented to insure
effective overall performance of the enforcement system. Ohio Senate
Bill 18 authorizes the Director of Ohio EPA to promulgate, adopt, amend
and rescind rules for motorist compliance with the I/M program. The
contractors are responsible for in-house accounting of documents and
compliance certificates. Documents in the Ohio I/M program are valid
only if a CRC is present. Missing or unaccounted certificates do not
pose a threat of fraudulent activity because each CRC is unique for
each certificate at the time the certificate is issued.
The I/M contractor is held responsible for certificate
accountability. In the event the contractor employees or inspectors
tamper with the records or documents, the state will take action to
have the employee terminated. Exemption records will be analyzed
together with the registration database to determine changes in
registration data. Where it is determined that an unusually high number
of vehicles are unexplainably not in the registration area or not being
tested, provisions will [[Page 16994]] be made to identify and take
action on the anomalous condition. The procedures may include methods
for performing covert and overt audits, preparation of enforcement
documents, I/M test equipment operation, public relation materials and
other applicable information. The Bureau of Motor Vehicles (BMV) will
issue material containing procedures for performing specific operations
associated with I/M inspection and registration requirements. The BMV
materials will be issued to the Deputy Registrars and will include
information explaining the evaluation process. Each Deputy Registrar is
evaluated biannually. In cases where enforcement personnel fail to
follow established procedures, action may be taken to discipline,
retrain, or remove the employee. In establishing an information base to
be used in evaluating and enforcing the I/M program, the State uses
actual vehicle population data obtained from the BMV and test results
from I/M contractors.
The I/M contractors will have access to the BMV database, but in a
``read only'' format to prevent accidental or intentional data
modifications.
Both the State and the contractors will be able to perform periodic
audits of the testing database. Reports from these audits will be used
to evaluate program effectiveness. Test data will be analyzed to
determine if facilities are operating according to procedures. Outlying
data will trigger investigations of the facilities. If necessary,
enforcement action will be taken against test facilities found
violating State or Federal regulations.
M. Quality Assurance
The USEPA rule requires an ongoing quality assurance program in
order to discover, correct and prevent fraud, waste, and abuse, and to
determine whether procedures being followed are adequate, whether
equipment is measuring accurately, and whether other problems may exist
which would impede program performance. The procedures shall be
periodically evaluated to assess their effectiveness in achieving
program goals. Scheduled State audits are to ensure that all facilities
are randomly audited on a regular basis. Directed audits will be
conducted to investigate specific situations. Any valid consumer
complaint will trigger a directed audit of a centralized facility. If a
problem appears to exist at a specific station, a directed audit will
be conducted. Covert audits will be conducted annually by State staff
and equal in number to the number of inspectors employed by the
contractors. Vehicles presented for audit testing will be in a range of
manufacturers, models and age to replicate the current fleet, and will
be leased on a six month basis to ensure that a variety of vehicles are
presented to the inspection process.
The covert audit will include a gas audit using gases of known
concentrations that are as accurate as those used for routine quality
control checks. The audit will include a check for tampering and
general serviceability of equipment, critical flow in the constant
volume sampler (CVS), CVS flow calibration, leak check and gas
tolerances. There will be a functional check of the dynamometer for
roll speed and distance, coast-down, inertia weight selection and power
absorption. The pressure and purge equipment will also be checked. The
OEPA auditors are expected to receive formal training in the use of
analyzers, basics of air pollution control, basic engine repair, State
administrative procedures, quality assurance practices, covert
procedures and program rules and regulations.
N. Enforcement Against Contractors, Stations and Inspectors
The Federal I/M regulation requires the establishment of minimum
penalties for violations of program rules and procedures which can be
imposed against stations, contractors and inspectors. Senate Bill 18 of
the Ohio Revised Code gives Ohio EPA authority to enter into a contract
to implement and maintain an inspection and maintenance program. This
contract allows the State to impose penalties when violations occur
that adversely affect the operation of the inspection network. A
penalty schedule, listing a variety of rules infractions, will be used
for violations discovered at an inspection facility as a result of
overt and covert audits conducted by Ohio EPA staff. Penalties range
from 100 dollars up to 10,000 dollars to termination of employment and
breech of contract. In cases of inspector incompetence, Ohio EPA will
require the contractor retrain the inspector according to the
requirements listed in the contract. Inspectors will be prevented from
conducting tests until retraining is complete.
Ohio EPA will maintain field offices and employ auditors in each of
the zones in which I/M is required to be implemented. The primary
function of the auditors will be to conduct audits of the contractor
facilities. These audits will determine the ability of the contractor
and inspectors to conduct a proper inspection and identify cases of
bribery or fraud. Funding for this enforcement program will come from a
rotary fund established under section 3704.14 of the Ohio Revised Code.
O. Data Collection
In order to manage, evaluate and enforce the program requirements
an effective I/M program requires accurate data collection. The Ohio I/
M program RFP requires the contractor to design the program to include
all of the elements of data collection listed in the Federal rule. The
contractor is also required to conduct quality control checks and
report data from those checks.
P. Data Analysis and Reporting
Data analysis and reporting are required in order to monitor and
evaluate the program by the State and the USEPA. The Federal rule
requires annual reports submitted to the USEPA following a performance
period by a specific time. The Ohio I/M program requires the contractor
to provide the information to the State in order to meet the submittal
requirements of the Federal rule. The statistics required are
consistent with those listed in the Federal rule and are expected to be
submitted on time.
Q. Inspector Training and Licensing or Certification
The Federal rule requires all inspectors receive formal training
and be licensed or certified to conduct inspections. Ohio Senate Bill
18 authorizes the Ohio EPA to develop rules which establish provisions
for inspector training and certification requirements. The Ohio EPA
requires the contractor to enter into an arrangement with local
vocational schools, technical schools or training organizations to
conduct inspector training. All trainees are required to pass a
comprehensive hands-on and written examination which requires
inspectors to demonstrate an understanding of Ohio's rules,
regulations, test procedures, equipment usage, quality control
procedures and safety and health issues as used in the enhanced test.
The Ohio EPA has committed to evaluating and monitoring the development
of the I/M inspector training program. Recertification is required on a
biennial basis and inspectors are required to attend training for
updated information and new program developments.
R. Public Information and Consumer Protection
The Ohio implementation plan must include a program for informing
the public on an ongoing basis for the life of the program about the
air quality, [[Page 16995]] requirements of State and Federal laws, the
role of motor vehicles in the air quality problem, and the benefits of
an I/M program. Information must be made available to the motorist,
whose vehicle fails the test, to provide knowledge of repair facilities
and the relative quality of repairs performed. The Ohio EPA assigned
some public awareness efforts to the contractor with State oversight.
These efforts include a toll-free hotline, sending reminder notices to
motorists in advance of testing deadlines, producing brochures and
participating in public speaking activities. The State will carry out
its responsibilities by publishing fact sheets, issuing press releases,
publishing a newsletter for the repair industry, and participating in
special events. The Ohio I/M consumer protection plan will include
components to protect the consumer from fraud and abuse. Both Ohio EPA
and the contractors will perform quality assurance to ensure integrity
of the inspection process. The State's approach in this regard will
focus on the use of undercover audits of the inspection and test
procedure. Consumers who believe their vehicles should not have failed
will be able to appeal the test results directly to the Ohio EPA by
scheduling an appeal inspection within 14 days of the initial test.
Citizens who report incidents of fraud, theft or other violations are
protected by the State which will grant confidentiality to encourage
such disclosure. The contractor will operate a toll-free hotline to
provide to motorists answers to questions about the program. The
contractor is required by the State to swiftly resolve complaints over
which the contractor has control or forward the complaint to the State
for disposition. The State will periodically audit the process to
ensure complaints are resolved. The State will also intervene on behalf
of a consumer in the event of a conflict with an automobile dealer for
warranty repairs for a vehicle which fails the I/M test.
S. Improving Repair Effectiveness
Inspection and maintenance program goals are achieved through
effective repairs of vehicles which have failed the initial test. The
State will provide the repair industry with information and assistance
on vehicle inspection diagnosis and repair. Ohio EPA will provide
technical assistance to repair facilities which are in the business of
repairing emission failures.
These facilities will receive publications which include I/M test
procedures, common problems with specific model year vehicles,
diagnostic tips, training and other I/M related issues. A technician's
hotline also will be available to respond to specific I/M repair
questions. The State will monitor the performance of individual motor
vehicle repair facilities, and provide to the public a summary of the
performance of repair facilities so the consumer has a choice of
locations to seek repairs. The repair statistics also will be available
to the repair facilities. The State plans to evaluate the availability
of repair technician training in the I/M areas. If sufficient training
is not available the State commits to work with public and private
automotive training institutions to develop a training program.
T. Compliance With Recall Notices
States are required to establish a method to ensure that vehicles
subject to enhanced I/M and that are included in either a voluntary
emissions recall as defined at 40 CFR 85.1902(d), or in a remedial plan
determination made pursuant to section 207(c) of the Act, receive the
required repairs. The Ohio EPA, at the time of submittal, did not have
a specific plan developed but included provisions in its RFP for the
contractor to follow to ensure subject vehicles receive all required
recall repairs. Emissions tests will not be conducted on a vehicle that
has an unresolved recall notice until all of the work is done. Vehicles
with unresolved recall work will be identified as noncomplying by the
contractor's system. An owner is required to provide proof that the
repairs have been performed before a test is allowed. The contractor
shall have the ability to resolve situations where the repairs have
been performed but the database has not yet been updated. The State OAC
rule 3745-26-12 requires documented proof that the repairs have been
performed. The cost of these repairs are not counted towards the amount
needed for a waiver. Unresolved recall reports from the contractor to
the State are required on an annual basis. The State requires the
contractor to provide detailed information in the annual report
sufficient for the State to inform the USEPA of the status of
operations of the program.
U. On-Road Testing
On-road testing is required in enhanced I/M areas and is an option
for basic I/M areas. The Ohio nonattainment areas at issue are all
moderate areas requiring basic I/M. Since the enhanced I/M program is
an option in the nonattainment areas of Ohio, on-road testing is not
required. Accordingly, the State did not plan for conducting on-road
testing.
V. State Implementation Plan Submission
The State submitted a committal SIP to USEPA on November 12, 1993.
The committal included: a schedule of events leading up to the
implementation of the I/M program, mobile modeling which shows that the
program meets the performance standard, a description of the geographic
area, a detailed discussion of the design elements, final copy of the
legal authority, regulations, and funding and resources. Additional
information was submitted through May 26, 1994. On July 22, 1994, the
USEPA notified the State that the submittal was complete. This
notification stopped the sanctions clock which was started on January
21, 1994, because at that time the State's submittal was not complete.
III. Comments and Approval Procedure
The USEPA is publishing this action without prior proposal because
USEPA views this action as a noncontroversial revision amendment and
anticipates no adverse comments. However, USEPA is publishing a
separate document in this Federal Register publication, which
constitutes a ``proposed approval'' of the requested SIP revision and
clarifies that the rulemaking will not be deemed final if timely
adverse or critical comments are filed. The ``direct final'' approval
shall be effective on June 5, 1995, unless USEPA receives adverse or
critical comments by May 4, 1995.
If USEPA receives comments adverse or critical of the approval
discussed above, USEPA will withdraw this approval before its effective
date by publishing a subsequent Federal Register notice which withdraws
this final action. All public comments received will then be addressed
in a subsequent rulemaking notice. The USEPA will institute another
comment period on this action only if warranted by significant
revisions to the rulemaking based on any comments received in response
to today's action.
Any parties interested in commenting on this action should do so at
this time. If no comments are received, USEPA hereby advises the public
that this action will be effective on June 5, 1995.
IV. The USEPA's Analysis of the Ohio I/M Program Submittal
A complete USEPA analysis of the program submittal is detailed in
the Agency's technical support document (TSD) which is available in the
docket. A copy of the TSD can be obtained by contacting the person
listed in the ADDRESSES portion of this notice. The TSD summarizes the
requirements of the Federal I/M regulations and address
[[Page 16996]] whether the elements of the State's submittal comply
with the Federal rule. Interested parties are encouraged to examine the
TSD for additional detailed information about the Ohio I/M program.
Final Action
The USEPA is approving the I/M SIP for the Cleveland-Akron-Lorain,
Cincinnati, and Dayton-Springfield areas and takes no action on the I/M
SIP for the Toledo area.
Precedential Effect
Nothing in this action should be construed as permitting, allowing,
or establishing a precedent for any future request for revision to any
SIP. The USEPA shall consider each request for revision to the SIP in
light of specific technical, economic, and environmental factors, and
in relation to relevant statutory and regulatory requirements.
Executive Order 12866
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael Shapiro, Acting Assistant Administrator for Air
and Radiation. The OMB has exempted this regulatory action from E.O.
12866 review.
Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. Section 600 et seq.,
USEPA should 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, USEPA 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. This limited approval does not create any new requirements.
Therefore, I certify that this action 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 the
regulatory flexibility analysis would constitute Federal inquiry into
the economic reasonableness of the State action. The CAA forbids USEPA
to base its final limited approval of Ohio's I/M on such grounds. Union
Electric Co. v. USEPA, 427 U.S. 246, 256-66 (1976).
List of Subjects in 40 CFR Part 52
Air pollution control, Incorporation by reference,
Intergovernmental relations, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: March 10, 1995.
Valdas V. Adamkus,
Regional Administrator.
Title 40 of the Code of Federal Regulations, chapter I, part 52,
subpart KK 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.
2. Section 52.1870 is amended as follows by adding paragraph
(c)(101) to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(101) On November 12, 1993 the Ohio Environmental Protection Agency
submitted a vehicle inspection and maintenance program in accordance
with section 110 of the Clean Air Act as amended in 1990. The new
program replaces I/M programs in operation in the Cleveland and
Cincinnati areas and establishes new programs in Dayton and any area
designated moderate nonattainment or any area where local planning
authorities have requested the State to implement a program.
(i) Incorporation by reference.
(A) Ohio Administrative Code Amended Rules 3745-26-01, 3754-26-02,
3745-26-10, and rules 3745-26-12, 3745-26-13, and 3745-26-14, all made
effective on June 13, 1994.
(ii) Other material.
(A) Certification letter from the Director of the Ohio
Environmental Protection Agency regarding the State process in
developing the I/M rules and the I/M program.
(B) Letter dated June 22, 1994, from the Director of OEPA regarding
implementation of an I/M program in the Toledo area in the event the
State's request for redesignation to attainment for that area is not
approved by USEPA.
* * * * *
[FR Doc. 95-8221 Filed 4-3-95; 8:45 am]
BILLING CODE 6560-50-P
