[Federal Register Volume 60, Number 106 (Friday, June 2, 1995)]
[Rules and Regulations]
[Pages 28720-28726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13462]



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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.

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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 
Federal Register.

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 
20460.
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 
4211.

SUPPLEMENTARY INFORMATION:

I. Background

    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 
51.350-51.373.

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 
(VOCs).
    The North Carolina submittal includes the following program design 
parameters:

Network type--decentralized, test and repair
Start date--1991
Test frequency--annual
Model year coverage--1975 and later
Vehicle type coverage--light and heavy duty gasoline powered vehicles
Emission test--Idle
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 
procedures.
    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 
approvable.

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 
function.
    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 
approvable.

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 
51.372-373

    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.
Final Action

    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 
50,000.
    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]] 

Unfunded Mandates

    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:

PART 52--[AMENDED]

    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 
as follows:


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/M program.
    (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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