[Federal Register Volume 60, Number 106 (Friday, June 2, 1995)]
[Rules and Regulations]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13462]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC59-2-6942a; NC55-1-6497a; NC54-1-6496a: FRL-5207-3]
Approval and Promulgation of Air Quality Implementation Plans;
North Carolina; Basic Motor Vehicle Inspection and Maintenance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is approving a state implementation plan (SIP) revision
submitted on May 19, 1994, January 17, 1992, September 24, 1992 and
August 5, 1994, by the State of North Carolina, through the North
Carolina Department of Environmental Management (NCDEM). This revision
modifies the implementation of a basic motor vehicle inspection and
maintenance (I/M) program in the areas of Charlotte, Raleigh/Durham,
and Winston-Salem, North Carolina.
DATES: This final rule will be effective on July 17, 1995 unless
adverse or critical comments are received by July 3, 1995. If the
effective date is delayed, timely notice will be published in the
ADDRESSES: Written comments on this action should be addressed to
Benjamin Franco at the EPA Regional office listed below.
Copies of the documents relative to this action are available for
public inspection during normal business [[Page 28721]] hours at the
following locations. The interested persons wanting to examine these
documents should make an appointment with the appropriate office at
least 24 hours before the visiting day.
Air and Radiation Docket and Information Center (Air Docket), U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC
Environmental Protection Agency, Region 4, Air Programs Branch, 345
Courtland Street, NE, Atlanta, Georgia 30365.
Department of Environment, Health, and Natural Resources, P.O. Box
29535, Raleigh, North Carolina, 27626-0535.
FOR FURTHER INFORMATION CONTACT: Benjamin Franco, Mobile Source
Planning Unit, Regulatory Planning and Development Section, Air
Programs Branch, Air, Pesticides & Toxics Management Division,
Environmental Protection Agency, Region 4, 345 Courtland Street, NE,
Atlanta, Georgia 30365. The telephone number is 404/347-3555, extension
The Clean Air Act as amended in 1990 (the Act) requires that most
ozone nonattainment areas adopt either ``basic'' or ``enhanced'' I/M
programs, depending on the severity of the problem and the population
of the area. The moderate ozone nonattainment areas, plus marginal
ozone nonattainment areas with existing or previously required I/M
programs, fall under the ``basic'' I/M requirements. Enhanced programs
are required in serious, severe, and extreme ozone nonattainment areas
with 1980 urbanized populations of 200,000 or more.
The Act requires states to make changes to improve existing I/M
programs or to implement new ones for certain nonattainment areas.
Section 182(a)(2)(B) of the Act directed EPA to publish updated
guidance for state I/M programs, taking into consideration findings of
the Administrator's audits and investigations of these programs. The
Act further mandates each area required to have an I/M program to
incorporate this guidance into the SIP. Based on these requirements,
EPA promulgated I/M regulations on November 5, 1992 (57 FR 52950,
codified at 40 Code of Federal Regulations (CFR) 51.350-51.373).
The I/M regulation establishes minimum performance standards for
basic I/M programs as well as requirements for the following: network
type and program evaluation; adequate tools and resources; test
frequency and convenience; vehicle coverage; test procedures and
standards; test equipment; quality control; waivers and compliance via
diagnostic inspection; motorist compliance enforcement; motorist
compliance enforcement program oversight; quality assurance;
enforcement against contractors, stations and inspectors; data
collection; data analysis and reporting; inspector training and
licensing or certification; public information and consumer protection;
improving repair effectiveness; compliance with recall notices; on-road
testing; SIP revisions; and implementation deadlines. The performance
standard for basic I/M programs remains the same as it has been since
initial I/M policy was established in 1978, pursuant to the 1977
amendments to the Clean Air Act.
The State of North Carolina contains the Raleigh/Durham and
Winston-Salem urbanized areas which were recently redesignated to
attainment for ozone, and Charlotte which is designated nonattainment
for ozone and classified as moderate. A redesignation request for the
Charlotte nonattainment area was submitted by the State on November 12,
1993, with supplementary information provided on December 15, 1994. It
is currently being reviewed by EPA. Section 51.372(b)(2) of the Federal
I/M regulation (codified at 40 CFR 51.372(b)(2)) required affected
states to submit full I/M SIP revisions that met the requirements of
the Act to EPA by November 15, 1993.
On August 5, 1994, NCDEM submitted a complete SIP revision of the
I/M program. This submittal includes new and revised regulations
adopted by the North Carolina Department of Motor Vehicles (NCDMV) and
the North Carolina Department of Environmental Management (NCDEM) and
documentation addressing required portions of the Federal I/M rule.
Also, on May 19, 1993, January 17, 1992, and September 24, 1992,
the State of North Carolina, through NCDEM submitted to EPA a revised
SIP for the areas of Charlotte, Raleigh/Durham, and Winston-Salem.
These submittals included revisions to Regulation .1002, Applicability;
Regulation .1004, Emission Standards; Regulation .1005, Measurement and
Enforcement. Regulation .1002 was adopted by the Environmental
Management Commission, on May 12, 1994, and became effective on July 1,
1994. Regulation .1004 was adopted on May 14, 1993, and became
effective June 1, 1993. These regulations changed the I/M program from
a carbon monoxide program to an ozone/carbon monoxide program. Also,
NCDEM expanded the I/M program coverage. EPA summarizes the
requirements of the Federal I/M regulations as found in 40 CFR 51.350-
51.373 and its analysis of the state submittal below. Parties desiring
additional details on the Federal I/M regulation are referred to the
November 5, 1992, Federal Register notice (57 FR 52950) or 40 CFR
II. EPA's Analysis of the North Carolina, Basic I/M Program
As discussed above, section 182(a)(2)(B) of the Act requires that
states adopt and implement updated regulations for I/M programs in
moderate and above ozone nonattainment areas. The following sections of
this notice summarize the requirements of the Federal I/M regulations
and address whether the elements of the State's submittal comply with
the Federal rule.
Applicability--40 CFR 51.350
Section 182(b)(4) of the Act and 40 CFR 51.350(a)(4) require that
any area classified as moderate ozone nonattainment and not required to
implement enhanced I/M under 40 CFR 51.350(a)(1) shall implement basic
I/M in the 1990 Census-defined urbanized nonattainment area. The
urbanized portion of the Charlotte nonattainment area includes sections
of Mecklenburg, Gaston, Cabarrus, and Union Counties. The urbanized
portion of Winston-Salem includes sections of Guilford and Forsyth
Counties. The urbanized portion of Raleigh/Durham includes sections of
Wake, Durham, and Orange Counties. The population distribution of these
counties is such that the program exceeds the minimum required I/M
coverage area. The North Carolina submittal contains the legal
authority and regulations necessary for the NCDEM to establish the
program boundaries and operate a basic I/M program. The program
boundaries described in the North Carolina submittal meet the Federal
I/M requirements under Sec. 51.350 and are approvable.
The Federal I/M regulation requires that state programs shall not
lapse prior to the time they are no longer needed. EPA beleives that a
program that does not lapse prior to the attainment deadline for each
applicable area would meet this requirement. The attainment date for
the Charlotte ozone nonattainment area is November 15, 1996, and the
North Carolina I/M regulation contained in the North Carolina submittal
does not establish an [[Page 28722]] I/M program sunset date. This
section is approvable.
Basic I/M Performance Standard--40 CFR 51.352
The basic I/M program must be designed and implemented to meet or
exceed a minimum performance standard, which is expressed as emission
levels in area-wide average grams per mile (gpm) for certain
pollutants. The performance standard shall be established using local
characteristics, such as vehicle mix and local fuel controls, and the
following model I/M program parameters: 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. The emission levels achieved by the state's program
design shall be calculated using the most current version, at the time
of submittal, of the EPA mobile source emission factor model. At the
time of the North Carolina submittal the most current version was
MOBILE5a. Areas shall meet or exceed the performance standard for the
pollutants which cause them to be subject to basic I/M requirements. In
the case of ozone nonattainment areas, the performance standard must be
met for both nitrogen oxides (NOX) and volatile organic compounds
The North Carolina submittal includes the following program design
Network type--decentralized, test and repair
Model year coverage--1975 and later
Vehicle type coverage--light and heavy duty gasoline powered vehicles
Emission standards--1.2 percent CO, 220 ppm HC
Emission control device--Catalytic converter, air injection system, PCV
valve, unleaded gas restrictor, EGR, thermostatic air control, fuel
evaporation control, and oxygen sensor.
Stringency (pre-1981 failure rate)--20 percent
Waiver rate (pre-81/81 and newer)--5 percent
Compliance rate--95 percent
Evaluation date(s)--January 1, 1997.
The North Carolina program design parameters meet the Federal I/M
regulations and are approvable.
The emission levels achieved by the State, for each area, were
modeled using MOBILE5a. The modeling demonstration was performed
correctly, used local characteristics and demonstrated that the program
design will exceed the minimum basic I/M performance standard,
expressed in gpm, for VOCs and NOX for each milestone and for the
attainment deadline. The modeling demonstration is approvable.
Network Type and Program Evaluation--40 CFR 51.353
Basic I/M programs can be operated in a centralized test-only
format, in a decentralized test and repair, or in any hybrid version as
long as states can demonstrate that the selected program is effective
in achieving the basic I/M performance standard. The NCDEM will
administer a decentralized test and repair I/M program in the areas of
Raleigh/Durham, Winston-Salem, and Charlotte. The enhanced program
evaluation requirements of this section do not pertain to these areas
as it is a basic I/M program. The network type is approvable.
Adequate Tools and Resources--40 CFR 51.354
The Federal regulation requires states to demonstrate that adequate
funding of the program is available. A portion of the test fee or
separately assessed per vehicle fee shall be collected, placed in a
dedicated fund and used to finance the program. Alternative funding
approaches are acceptable if demonstrated that the funding can be
maintained. Reliance on funding from a state or local General Fund is
not acceptable unless doing otherwise would be a violation of the
state's constitution. The SIP shall include a detailed budget plan
which describes the source of funds for personnel, program
administration, program enforcement, and purchase of equipment. The SIP
shall also detail the number of personnel dedicated to the quality
assurance program, data analysis, program administration, enforcement,
public education and assistance and other necessary functions.
The North Carolina program is funded by a portion of the inspection
fee that is dedicated to the program, and is divided among North
Carolina Department of Motor Vehicles (NCDMV) and NCDEM. The NCDEM
portion of the vehicle inspection fee is credited to the I/M Air
Pollution Control Account. The NCDMV uses their portion to fund the
enforcement part of the program. A detailed budget is included in the
SIP for both groups. The submittal demonstrates that sufficient funds,
equipment and personnel have been appropriated to meet program
operation requirements. The State's submittal meets the adequate tools
and resources requirements set forth in the Federal I/M regulations.
Test Frequency and Convenience--40 CFR 51.355
The SIP shall describe the test year selection scheme, how the test
frequency is integrated into the enforcement process and shall include
the legal authority, regulations or contract provisions to implement
and enforce the test frequency. The program shall be designed to
provide convenient service to the motorist by ensuring short wait
times, short driving distances and regular testing hours.
The North Carolina I/M regulation provides for an annual test
frequency for all covered vehicles. A vehicle is assigned a test month.
An emission sticker is placed on the vehicle's windshield, reminding
the owner of the testing date. Vehicles not in compliance can be fined
by the state police or NCDMV. In addition, the NCDMV is establishing a
computer matching system in order to identify vehicles that are late in
getting an emission test. Owner's identified through computer matching
with more than four months of non-compliance will be fined $100 if the
vehicle is a pre-81, $250 if it is a 1981 or newer vehicle, and the
registration may be revoked. This section is approvable.
Vehicle Coverage--40 CFR 51.356
The performance standard for basic I/M programs assumes coverage of
all 1968 and later model year light duty vehicles (LDV) and light duty
trucks (LDT) up to 8,500 pounds gross vehicle weight rating (GVWR), and
includes vehicles operating on all fuel types. Other levels of coverage
may be approved if the necessary emission reductions are achieved.
Fleets may be officially inspected outside of the normal I/M program
test facilities, if such alternatives are approved by the program
administration, but shall be subject to the same test requirements
using the same quality control standards as non-fleet vehicles and
shall be inspected in independent, test-only facilities, according to
the requirements of 40 CFR 51.353(a). Vehicles which are operated on
Federal installations located within an I/M program area shall be
tested, regardless of whether the vehicles are registered in the state
or local I/M area.
The Federal I/M regulation requires that the SIP shall include the
legal authority or rule necessary to [[Page 28723]] implement and
enforce the vehicle coverage requirement, a detailed description of the
number and types of vehicles to be covered by the program and a plan
for how those vehicles are to be identified including vehicles that are
routinely operated in the area but may not be registered in the area,
and a description of any special exemptions including the percentage
and number of vehicles to be impacted by the exemption.
The North Carolina I/M regulation require all 1975 and later model
year gasoline powered vehicles up to 8,500 pounds gross vehicle weight
registered in the I/M area to take an emission test. Non-gasoline
powered vehicles, motorcycles, current model year vehicles, and
vehicles of 1974 model year and older are exempted from this rule.
Vehicles older than 1968 are required to undergo a tampering check as
part of the state-wide safety inspection required on all vehicles.
NCDMV will use a computer matching procedure in order to identify
vehicles that should undergo testing. Fleet vehicles are subject to the
program if registered in or primarily operated in a designated I/M
county. Fleet owners are allowed to self-inspect their vehicles.
Federally owned vehicles and vehicles operating in a federal
installation located in an I/M county are subject to the testing
requirements. The North Carolina's plan for testing fleet vehicles is
acceptable and meets the requirements of the Federal I/M regulation.
Test Procedures and Standards--40 CFR 51.357
Written test procedures and pass/fail standards shall be
established and followed for each model year and vehicle type included
in the program. Test procedures and standards are detailed in 40 CFR
51.357 and in the EPA document entitled ``Recommended I/M Short Test
Procedures For the 1990's: Six Alternatives.''
The State's I/M submittal includes a description of the test
procedures used in the North Carolina I/M program. These test
procedures conform to EPA approved test procedures and are approvable.
The North Carolina I/M regulation establishes hydrocarbon (HC) and
carbon monoxide (CO) pass/fail exhaust standards for all test
procedures for each applicable model year and vehicle type. The exhaust
standards and test methods adopted by the State conform to EPA
established standards and are approvable.
Test Equipment--40 CFR 51.358
Computerized test systems are required for performing any
measurement on subject vehicles. The Federal I/M regulation requires
that state SIP submittals include written technical specifications for
all test equipment used in the program. The specifications shall
describe the emission analysis process, the necessary test equipment,
the required features, and written acceptance testing criteria and
Appendix G of the North Carolina SIP establishes the type of
exhaust analyzers that meet the BAR90 performance specifications. These
specifications require the use of computerized test systems. The
specifications also include performance features and functional
characteristics of the computerized test systems. This section is
Quality Control--40 CFR 51.359
Quality control measures shall insure that emission measurement
equipment is calibrated and maintained properly, and that inspection,
calibration records, and control charts are accurately created,
recorded and maintained.
Appendix G provides the calibration procedures and system checks
that must be conducted by the inspection station. The SIP also contains
the quality control requirements for the emission measurement
equipment, record keeping requirements and measures to maintain the
security of all documents used to establish compliance with the
inspection requirements. A special software encryption algorithm codes
the ``Inspection Number'' field on the test form and can not be
duplicated without access to the source code. Under a Memorandum of
Understanding between NCDMV and NCDEM, NCDMV is in charge of overt and
covert audits of the inspection stations, and inspectors. NCDEM, in
turn, quality assures NCDMV's enforcement program. This portion of the
North Carolina submittal complies with the quality control requirements
set forth in the Federal I/M regulation and is approvable.
Waivers and Compliance Via Diagnostic Inspection--40 CFR 51.360
The Federal I/M regulation allows for 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. For
basic I/M programs, an expenditure of at least $75 for pre-81 vehicles
and $200 for 1981 and later vehicles in repairs, is required in order
to qualify for a waiver. Waivers can only be issued after a vehicle has
failed a retest performed after all qualifying repairs have been made.
Any available warranty coverage must be used to obtain repairs before
expenditures can be counted toward the cost limit. Tampering related
repairs shall not be applied toward the cost limit. Repairs must be
appropriate to the cause of the test failure. Repairs for 1980 and
newer model year vehicles must be performed by a recognized repair
technician. The Federal regulation allows for compliance via a
diagnostic inspection after failing a retest on emissions and requires
quality control of waiver issuance. The SIP must set a maximum waiver
rate and must describe corrective action that would be taken if the
waiver rate exceeds that contained in the SIP.
North Carolina is commited to a waiver rate of 5%. In case the
waiver rate exceeds this percentage, the State will take corrective
actions to lower the rate. North Carolina issues only repair waivers.
North Carolina's Regulation 20-183.5 sets a $75 cost limit for pre-81
vehicles and $200 for 1981 and newer vehicles. The regulation includes
provisions which address waiver criteria and procedures, including cost
limits, tampering and warranty related repairs, quality control and
administration. Any vehicle owner requesting a waiver must submit the
vehicle for review at a NCDMV office. A vehicle repair form must be
submitted by the owner at that time, verifying the repairs. This
section is approvable.
Motorist Compliance Enforcement--40 CFR 51.361
The Federal regulation requires that compliance shall be ensured
through the denial of motor vehicle registration in I/M programs.
However, a basic area may use an alternative enforcement mechanism if
it demonstrates that the alternative will be as effective as
registration denial. The SIP shall provide information concerning the
enforcement process, legal authority to implement and enforce the
program, a commitment to a compliance rate to be used for modeling
purposes and to be maintained in practice.
The NCDMV uses a sticker-enforcement system. The SIP contains a
detailed description of the enforcement process. Any owner failing to
obtain a certificate of compliance by the end of the assigned month
will be subject to a penalty. If caught without a valid sticker, the
vehicle owner will be given a $50.00 ticket. Also, NCDMV is in process
of establishing a computer-matching system. The system will identify
owners that are a month late in renewing their sticker, and the owner
[[Page 28724]] will be notified by letter. If a second letter is sent
out and the owner doesn't inspect the vehicle, a $100 penalty is
assessed on a pre-1981 vehicle or a $250 penalty is assessed for a 1981
or newer vehicle. After four months of noncompliance, DMV will revoke
the vehicle's registration. NCDMV and NCDEM will change the enforcement
system to registration denial by October 1, 1996. North Carolina
commits to a 95% compliance rate, and this number was used in their
modeling demonstration. This portion of the North Carolina submittal
meets the Federal requirements and is approvable.
Motorist Compliance Enforcement Program Oversight--40 CFR 51.362
The Federal I/M regulation requires that the enforcement program
shall be audited regularly and shall follow effective program
management practices, including adjustments to improve operation when
necessary. The SIP shall include quality control and quality assurance
procedures to be used to insure the effective overall performance of
the enforcement system. An information management system shall be
established which will characterize, evaluate and enforce the program.
The North Carolina program will be audited every quarter by NCDEM.
These audits will insure that NCDMV is performing the enforcement
portion of the I/M program at an acceptable level. NC has established a
database system that tracks NCDMV's enforcement record, and the number
of vehicles tested. This section is approvable.
Quality Assurance--40 CFR 51.363
An ongoing quality assurance program shall be implemented to
discover, correct and prevent fraud, waste, and abuse in the program.
The program shall include covert and overt performance audits of the
inspectors, audits of station and inspector records, equipment audits,
and formal training of all state I/M enforcement officials and
auditors. A description of the quality assurance program which includes
written procedure manuals on the above discussed items must be
submitted as part of the SIP.
The North Carolina submittal includes a quality assurance program
which describes details and procedures for auditing inspectors, station
records, and equipment. NCDMV has developed a performance audit
program. NCDMV's inspectors will perform inspections of testing station
inspectors and testing equipment. These include overt and covert audits
and remote observation of inspection personnel performing testing.
Covert audits are required to use a range of vehicles which have been
set to fail the inspection test. NCDEM will evaluate NCDMV performance,
and is in charge of developing all manuals and program specifications.
NCDEM's and NCDMV's quality assurance programs meets the Federal I/M
regulation requirements and are approvable.
Enforcement Against Contractors, Stations and Inspectors--40 CFR 51.364
Enforcement against licensed stations or contractors, and
inspectors shall include swift, sure, effective, and consistent
penalties for violation of program requirements. 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. The legal authority for
establishing and imposing penalties, civil fines, license suspensions
and revocations must be included in the SIP. State quality assurance
officials shall have the authority to temporarily suspend station and/
or inspector licenses immediately upon finding a violation that
directly affects emission reduction benefits. An official opinion
explaining any state constitutional impediments to immediate suspension
authority must be included in the submittal. The SIP shall describe the
administrative and judicial procedures and responsibilities relevant to
the enforcement process, including which agencies, courts and
jurisdictions are involved, who will prosecute and adjudicate cases and
the resources and sources of those resources which will support this
The North Carolina submittal includes the legal authority to
establish and impose penalties against stations, contractors and
inspectors. The North Carolina enforcement program is staffed by NCDMV
officers and immediate action and prosecution is taken when needed.
NCDMV officers have the authority to shut down analayzers that are not
working properly, and can issue citations against inspectors and
testing facilities. A penalty schedule is included in the submittal.
The North Carolina I/M program meets the requirements of this section
and is approvable.
Data Collection--40 CFR 51.365
Accurate data collection is essential to the management, evaluation
and enforcement of an I/M program. The Federal I/M regulation requires
data to be gathered on each individual test conducted and on the
results of the quality control checks of test equipment required under
40 CFR 51.359.
Appendix G specifies the information contained on the inspection
form. Appendix G requires the collection of data, and subsequent
analysis, on each individual test conducted and describes the type of
data to be collected. The type of test data collected meets the Federal
I/M regulation requirements and is approvable. The submittal also
commits to gather and report the results of the quality control checks
required under 40 CFR 51.359 and is approvable.
Data Analysis and Reporting--40 CFR 51.366
Data analysis and reporting are required to allow for monitoring
and evaluation of the program by the states and EPA. The Federal I/M
regulation requires annual reports to be submitted which provide
information and statistics and summarize activities performed for each
of the following programs: testing, quality assurance, quality control
and enforcement. These reports will be submitted quarterly.
The North Carolina I/M program provides for the analysis and
reporting of data for the testing program, quality assurance program,
quality control program and the enforcement program. The type of data
to be analyzed and reported meets the Federal I/M regulation
requirements and is approvable. North Carolina commits to submit
quarterly reports on these programs to EPA. This section is approvable.
Inspector Training and Licensing or Certification--40 CFR 51.367
The Federal I/M regulation requires all inspectors to be formally
trained and licensed or certified to perform inspections. The North
Carolina I/M regulation requires all inspectors to receive formal
training, be certified, and renew the certification every four years.
The inspector must attend a training course and pass an examination
with at least a score of 80%. The SIP meets the Federal I/M regulation
requirements for inspector training and certification and is
Public Information and Consumer Protection--40 CFR 51.368
The Federal I/M regulation requires the SIP to include a public
information and consumer protection program. NCDMV will operate a toll
free number which provides information concerning the I/M program, and
warranty information. This number must be posted in all testing
stations and visible to the customer. Also, NCDEM and NCDMV developed a
brochure that contains general program information, car care tips and
information concerning [[Page 28725]] emissions warranty. The public
information and consumer protection programs contained in the SIP
submittal meet the Federal regulations and are approvable.
Improving Repair Effectiveness--40 CFR 51.369
Effective repairs are the key to achieving program goals. The
Federal regulation requires states to take steps to ensure that the
capability exists in the repair industry to repair vehicles. The SIP
must include a description of the technical assistance program to be
implemented, a description of the procedures and criteria to be used in
meeting the performance monitoring requirements required in the Federal
regulation and a description of the repair technician training
resources available in the community.
The North Carolina I/M program provides for a mechanics ``help
line'' regarding vehicle repair. The ``help line'' is intended to
provide service in three areas: providing emissions repair technical
assistance, assist in locating replacement parts for emissions devices,
and to answer questions related to the legality of engine-switching and
changes to exhaust system configurations. Also, various technical
colleges in the State offer emission controls training. The repair
effectiveness program described in the SIP meets the Federal regulation
and is approvable.
Compliance with Recall Notices--40 CFR 51.370
The Federal regulation requires the states to establish methods to
ensure that vehicles that are subject to enhanced I/M and are included
in an emission related recall receive the required repairs prior to
completing the emission test or renewing the vehicle registration.
The North Carolina's nonattainment areas are classified as moderate
and therefore not subject to this provision.
On-road Testing--40 CFR 51.371
On-road testing is required in enhanced I/M areas. The use of
either remote sensing devices (RSD) or roadside pullovers including
tailpipe emission testing can be used to meet the Federal regulations.
The program must include on-road testing of 0.5% of the subject fleet
or 20,000 vehicles, whichever is less, in the nonattainment area or the
I/M program area. Motorists that have passed an emission test and are
found to be high emitters as a result of a on-road test shall be
required to pass an out-of-cycle test.
Even though North Carolina's nonattainment areas are classified as
moderate and therefore not subject to this provision, NCDEM has
purchased a RSD and will conduct surveys with it.
State Implementation Plan Submissions/Implementation Deadlines--40 CFR
The Federal regulation requires decentralized basic I/M programs to
be fully implemented by January 1, 1994. The North Carolina I/M program
has been in operation since 1983 as a carbon monoxide program. Starting
in 1991, the I/M program started failing vehicles for the hydrocarbon
standard. The changes required by the CAA as amended in 1990 were
phased in the I/M program areas between 1991-1993. The SIP meets the
SIP submission and implementation deadline requirements set forth in
the Federal I/M regulation.
EPA's review of the material indicates that the State has adopted a
basic I/M program in accordance with the requirements of the Act. EPA
is approving the North Carolina SIP revision for all basic I/M programs
in North Carolina, which were submitted on August 5, 1994, July 19,
1993, January 17, 1992, and September 24, 1992.
The EPA is publishing this action without prior proposal because
the agency views this as a noncontroversial amendment and anticipates
no adverse public comments. However, in a separate document in this
Federal Register publication, the EPA is proposing to approve the SIP
revision should adverse or critical comments be filed. This action will
be effective on August 1, 1995 unless, within 30 days of its
publication, adverse or critical comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
discussed in a subsequent final rule based on the separate proposed
rule. The EPA will not institute a second comment period for this
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, the public is
advised that this action will be effective on August 1, 1995.
EPA is approving this revision to the North Carolina SIP for a
basic I/M program. The Agency has reviewed this request for revision of
the Federally-approved SIP for conformance with the provisions of the
1990 Amendments enacted on November 15, 1990. The Agency has determined
that this action conforms with those requirements.
Under section 307(b)(1) of the Act, 42 U.S.C. 7607 (b)(1),
petitions for judicial review of this action must be filed in the
United States Court of Appeals for the appropriate circuit by August 1,
1995. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule for purposes
of judicial review nor does it extend the time within which a petition
for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2) of the Act, 42 U.S.C. 7607 (b)(2).)
The Office of Management and Budget has exempted this rule from the
requirements of section 6 of Executive Order 12866.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any state implementation plan. Each request for revision to the state
implementation plan shall be considered separately in light of specific
technical, economic, and environmental factors and in relation to
relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
SIP approvals under 110 and subchapter I, Part D of the CAA do not
create any new requirements, but simply approve requirements that the
State is already imposing. Therefore, because the Federal SIP approval
does not impose any new requirements, I certify that it does not have a
significant impact on any small entities affected. Moreover, due to the
nature of the Federal-state relationship under the CAA, preparation of
a regulatory flexibility analysis would constitute Federal inquiry into
the economic reasonableness of state action. The CAA forbids EPA to
base its actions concerning SIPs on such grounds. Union Electric Co. v.
U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2)
and 7410(k)(3). [[Page 28726]]
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, or tribal governments in the aggregate.
EPA's final action does not impose any federal intergovernmental
mandate, as defined in section 101 of the Unfunded Mandates Act, upon
the State. To the extent that the rules being approved by this action
will impose any mandate upon the State, local, or tribal governments,
or upon the private sector, EPA's action will impose no new
requirements; such sources are already subject to these regulations
under State law. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
For these reasons, EPA has determined that this final action does not
include a mandate that may result in estimated costs of $100 million or
more to either State, local, or tribal governments in the aggregate, or
to the private sector.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and Recordkeeping requirements.
Dated: May 3, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401-7671q.
Subpart S--North Carolina
2. Section 52.1770, is amended by adding paragraph (c)(80) to read
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(80) Modifications to the existing basic I/M program in North
Carolina submitted on July 19, 1993, January 17, 1992, and September
24, 1992. Addition of regulations .1001 through .1005 establishes the
(i) Incorporation by reference.
(A) Regulation .1001 and .1003, effective on December 1, 1982.
(B) Regulation .1002 effective on July 1, 1994.
(C) Regulation .1004 effective on July 1, 1993.
(D) Regulation .1005 effective on April 1, 1991.
(E) Specification for the North Carolina Analyzer System adopted
December 12, 1991.
(ii) Other material. None.
[FR Doc. 95-13462 Filed 6-1-95; 8:45 am]
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