[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]

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