[Federal Register Volume 62, Number 3 (Monday, January 6, 1997)]
[Rules and Regulations]
[Pages 646-648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-194]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OH69-2-6680a; FRL-5646-2]
Approval and Promulgation of Air Quality Implementation Plans
Ohio; Revision to the Enhanced Motor Vehicle Inspection and Maintenance
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA approves submitted changes to Ohio's enhanced vehicle
inspection and maintenance program (known as E-Check) as a revision to
the State Implementation Plan (SIP) for ozone in all areas where the
State's inspection and maintenance (I/M) program is operated. The EPA's
action is based upon a request for a revision which was received by EPA
from Ohio on August 29, 1996. The revision includes a vehicle repair
spending cap and a temporary hardship extension of time for automobile
owners with failed vehicles to perform necessary repairs on vehicles
which fail the E-Check test. The repair spending cap does not affect
vehicles which require repairs and are under manufacturer warranty; it
also does not apply to owners whose vehicles have been mal-maintained
or whose emission control devices have been tampered with. The
extension of time applies to the automobile owner to which the
immediate repair of the failed vehicle would present a hardship.
The changes to the E-Check program are the result of concerns
expressed by citizens affected by the program in the areas where E-
Check has been implemented, and by Ohio legislators representing them.
The rule changes do not affect the emission reduction potential of the
measure, and, therefore, do not affect the expected emission reductions
in the maintenance plan for Cleveland and Dayton or in the 15 percent
reasonable further progress plan for Cincinnati. Therefore, the EPA is
approving the changes to the rule.
DATES: This action is effective March 7, 1997 unless adverse or
critical comments are received by February 5, 1997. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Written comments should be addressed to: J. Elmer Bortzer,
Chief, Regulation Development Section, Air Programs Branch (A-18J),
United States Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Copies of the SIP revision request and EPA's analysis are available
for public inspection during normal business hours at the following
address: United States Environmental Protection Agency, Region 5, Air
and Radiation Division, 77 West Jackson Boulevard (A-18J), Chicago,
Illinois 60604
FOR FURTHER INFORMATION CONTACT: John Paskevicz, Air Programs Branch,
Regulation Development Section (A-18J), United States Environmental
Protection, Region 5, Chicago, Illinois 60604, (312) 886-6084.
SUPPLEMENTARY INFORMATION:
I. Summary of State Submittal
On August 29, 1996, the Director, Ohio Environmental Protection
Agency, (Ohio EPA) submitted a revision to the previously approved
1 E-Check program. The submittal was reviewed for completeness and
was found to meet all of the requirements of appendix V necessary to
obtain EPA approval under section 110 of the Clean Air Act. The SIP
revision included: copy of the rule changes, notice of public hearing,
transcripts, analysis of impact, and
[[Page 647]]
responses to public comments. The legal authority was previously
established, and a schedule for implementation was not required since
the State had already begun to implement the changes. The revision,
which is expected to provide for broader consumer acceptance of the E-
Check program, is expressed in two of the State's rules: Ohio
Administrative Code (OAC) 3745-26-01 and OAC 3745-26-12.
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\1\ Enhanced Motor Vehicle Inspection and Maintenance Program,
60 FR 16989, dated April 4, 1995.
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II. Analysis of State Submittal
The rule amendments include: broadening the definition of
``extension certificate'' which has the effect of providing a temporary
hardship extension of time for qualified vehicle owners to perform
necessary repairs on failed vehicles, and adds a vehicle repair
spending cap. The amendments also define ``low income'' in the context
of the E-Check program in order to qualify for the temporary hardship
extension.
The Director of the Ohio EPA issued a notice to amend rule 3745-26-
01 and rule 3745-26-12 which govern the E-Check I/M program in the 14
affected counties in the State. The rule amendments are intended to
address the concerns of citizens affected by the I/M program and are a
result of the opinions expressed by the public in the State's outreach
program. Public hearings were announced and held in the three affected
areas of Cincinnati, Cleveland and Dayton.
The USEPA reviewed the proposed amendments to determine the impact
the changes will have on emissions in the affected areas. Further, the
EPA reviewed the proposed changes for their impact on the maintenance
plan in the Cleveland and Dayton areas and the 15 percent plan in the
Cincinnati area. The amendments include a vehicle repair spending cap
and a temporary hardship extension of time for automobile owners to
perform necessary repairs on vehicles which fail the E-Check test.
Neither of the changes have a direct impact on the emission reductions
available from the program. The only emissions assessment method
available at present is the MOBILE5a model. This model does not
accommodate the program changes in this case and therefore changes in
emissions, if any, cannot be determined by its use. Indirectly, the
amendments may have some impact on the ability of the program to
achieve total reductions expected as discussed below. However, there
are no data available to show the effect of these indirect results.
The repair spending cap applies in situations where an automobile
owner is required to obtain repairs because of failure of the vehicle
to pass an I/M test. The spending cap, which is set at $300, represents
the maximum dollar amount required to be spent for emission related
repair. It includes the diagnostic fees, labor and parts, as well as
any costs incurred prior to the test if performed within 60 days prior
to the test and if related to the vehicle's emission control equipment.
The spending cap does not include the cost of repair of tampering, nor
does it include the cost of repair of any item covered by a dealer or
manufacturer recall or warranty.
The temporary hardship extension is available to a vehicle owner
whose vehicle fails the emissions test and meets certain criteria. The
extension allows an extra six months from the date of the test to have
the repairs performed. The hardship extension is not available for gas
cap failures nor is it available for vehicles covered by warranty or if
the failure is covered by a recall. The ``low income'' test is met if
the applicant for a hardship extension can demonstrate the household
income for the previous 12 months is not more than one-hundred fifty
percent of the poverty threshold level established by the U.S.
Department of Health and Human Services.
The Ohio EPA contacted EPA for assistance in assessing the impact
of the amendments. However, the changes proposed by Ohio EPA do not
lend themselves to assessment of emission impacts in the traditional
manner using the MOBILE5a emission factor model. The extent of the
temporary hardship extension cannot be accurately determined or
estimated because Ohio EPA has no historical data with respect to the
number of vehicle owners or lessees who would be eligible for this
delay in compliance. However, the compliance extension is for a short
duration relative to the compliance period, and vehicles in this
category will eventually be repaired. Although delayed, vehicle
emission reductions are assured. Further, the scarcity of available
information on the number of vehicle owners who would take advantage of
the limit to the spending cap prevents Ohio EPA from making a useful
estimate of the effect on emissions. This spending cap does not affect
vehicles which require repairs and are under manufacturer emissions
warranty; it also, does not apply to owners whose vehicles have been
mal-maintained or tampered. All tampering or mal-maintenance are to be
repaired by the owner.
The EPA believes that the rule changes proposed by Ohio EPA will
not have a significant impact on the emission reduction potential of
the E-Check program and will improve citizen acceptability of this
mobile source emission reduction program. The EPA finds there is good
cause for this direct final approval to become effective thirty days
from date of publication, and that a delayed effective date is
unnecessary due to the noncontroversial nature of the changes.
III. Rulemaking Action
The EPA is publishing this action without prior proposal because
EPA views this action as a noncontroversial revision and anticipates no
adverse comments. The changes were made to address concerns expressed
by citizens and legislators in Ohio and are expected to be received
favorably. Since this action is in response to previously expressed
public concerns, no adverse comments are expected. However, EPA 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
significant adverse or critical comments are filed. The ``direct
final'' approval shall be effective on March 7, 1997, unless EPA
receives adverse or critical comments (which have not been already
addressed) by February 5, 1997.
If EPA receives such comments adverse to or critical of the
approval discussed above, EPA will publish a Federal Register document
which withdraws this final action. All public comments received will
then be addressed in a subsequent rulemaking action.
Any parties interested in commenting on this action should do so at
this time. If no such comments are received, EPA hereby advises the
public that this action will be effective on March 7, 1997.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. EPA 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.
IV. Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary D. Nichols, Assistant Administrator
for Air and Radiation. The Office of
[[Page 648]]
Management and Budget (OMB) has exempted this regulatory action from
Executive Order 12866 review.
B. Regulatory Flexibility Act
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 section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the
Administrator certifies 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 Clean Air Act, preparation of a
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must undertake various actions
in association with any proposed or final rule that includes a Federal
mandate that may result in estimated costs to state, local, or tribal
governments in the aggregate; or to the private sector, of $100 million
or more. This Federal action approves pre-existing requirements under
state or local law, and imposes no new Federal requirements.
Accordingly, no additional costs to state, local, or tribal
governments, or the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a major rule as defined by 5 U.S.C.
804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 7, 1997. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See Section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Volatile organic compounds.
Dated: October 16, 1996.
William E. Muno,
Acting 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.
Subpart KK--Ohio
2. Section 52.1870 is amended by adding paragraph (c)(112) to read
as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
(112) On August 29, 1996, the United States Environmental
Protection Agency received from the Ohio Environmental Protection
Agency, changes to the approved vehicle inspection and maintenance (I/
M) program which control the release of volatile organic compounds from
vehicles. These changes provide a repair spending cap of $300 and a
temporary hardship extension of time up to 6 months for owners to
perform needed repairs on vehicles which fail the I/M program test.
(i) Incorporation by reference.
(A) Rule 3745-26-01--Definitions effective May 15, 1996.
(B) Rule 3745-26-12--Requirements for motor vehicle owners in the
enhanced or opt-in enhanced automobile inspection and maintenance
program, effective May 15, 1996.
[FR Doc. 97-194 Filed 1-3-97; 8:45 am]
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