[Federal Register Volume 62, Number 110 (Monday, June 9, 1997)]
[Rules and Regulations]
[Pages 31349-31351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14986]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[UT-NHA-02; FRL-5834-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Utah; Improved Motor Vehicle Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule.

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SUMMARY: EPA is granting interim approval of a State Implementation 
Plan (SIP) revision submitted by the State of Utah. This revision 
establishes and requires the implementation of an improved basic 
inspection and maintenance (I/M) program in Utah County. The intended 
effect of this action is to approve the State's proposed I/M program 
for an interim period to last 18 months, based upon the State's good 
faith estimate of the program's performance. This action is being taken 
under section 110 of the Clean Air Act and section 348 of the National 
Highway Systems Designation Act.

EFFECTIVE DATE: This final rule is effective on July 9, 1997.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
USEPA Region VIII (P2-A), 999 18th Street--Suite 500, Denver, Colorado 
80202-2466. Interested persons wanting to examine these documents 
should make an appointment with the appropriate office at least 24 
hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: Scott P. Lee, at (303) 312-6736 or via 
e-

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 mail at [email protected]. The mailing address is, USEPA 
Region VIII (P2-A), 999 18th Street--Suite 500, Denver, Colorado 80202-
2466.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 10, 1996 (61 FR 53180), EPA published a notice of 
proposed rulemaking (NPR) for the State of Utah. The NPR proposed 
interim approval of Utah's improved basic inspection and maintenance 
program for Utah County, submitted to satisfy the applicable 
requirements of both the Clean Air Act (CAA) and the National Highway 
Safety Designation Act (NHDSA). The formal SIP revision was submitted 
by Utah's Governor, Michael O. Leavitt, on March 15, 1996.
    As described in the NPR, the NHSDA directs EPA to grant interim 
approval for a period of 18 months to approvable I/M submittals under 
the NHSDA. The NHSDA also directs EPA and the states to review the 
interim program results at the end of that 18-month period, and to make 
a determination as to the effectiveness of the interim program. 
Following this demonstration, EPA will adjust any credit claims made by 
the state in its good faith effort, to reflect the emissions reductions 
actually measured by the State during the program evaluation period. 
The NHSDA is clear that the interim approval shall last for only 18 
months, and that the program evaluation is due to EPA at the end of 
that period. Therefore, EPA believes Congress intended for these 
programs to start up as soon as possible, which EPA believes should be 
on or before November 15, 1997, so that at least six months of 
operational program data can be collected to evaluate the interim 
programs. EPA believes that in setting such a strict timetable for 
program evaluations under the NHSDA, Congress recognized and attempted 
to mitigate any further delay with the start-up of this program. If 
Utah County fails to start its program according to this schedule, this 
interim approval granted under the provisions of the NHSDA will convert 
to a disapproval after a finding letter is sent to the State. The start 
date provision will only trigger a disapproval upon EPA's notification 
to the State by letter that the start date has been missed. Because the 
start date condition is not imposed pursuant to a commitment to correct 
a deficient SIP under 110(k)(4), EPA does not believe it is necessary 
to have the SIP approval convert to a disapproval automatically if the 
start date is missed. EPA is imposing the start date condition under 
its general SIP approval authority of section 110(k)(3), which does not 
require automatic conversion.
    The program evaluation to be used by the State during the 18-month 
interim period must be acceptable to EPA. The Environmental Council of 
States (ECOS) group has developed such a program evaluation process 
which includes both qualitative and quantitative measures, and this 
process has been deemed acceptable to EPA. The core requirement for the 
quantitative measure is that a mass emission transient test (METT) be 
performed on 0.1% of the subject fleet, as required by the I/M Rule at 
40 CFR 51.353 and 51.366.
    As per the NHSDA requirements, this interim rulemaking will expire 
on January 11, 1999. A full approval of Utah's final I/M SIP revision 
for Utah County (which will include the State/County program evaluation 
and final adopted County/State regulations) is still necessary under 
section 110 and under section 182, 184 or 187 of the CAA. After EPA 
reviews the State/County's submitted program evaluation and 
regulations, final rulemaking on the State/County's SIP revision will 
occur.
    Specific requirements of the Utah improved basic I/M SIP for Utah 
County and the rationale for EPA's proposed action are explained in the 
NPR and will not be restated here.

II. Public Comment/Response to Comments

    No comments were received.

III. Final Rulemaking Action

    EPA is approving the improved basic I/M program for Utah County as 
a revision to the Utah SIP. The State's I/M program revisions for Utah 
County meet requirements pursuant to sections 182 and 187 of the Act 
and 40 CFR part 51, subpart S and section 348 of the NHSDA for interim 
approval. This approval is being granted on an interim basis for a 
period of 18 months, under the authority of section 348 of the National 
Highway Systems Designation Act of 1995. At the end of this period, the 
approval will lapse.
    Following this interim period, full approval of the State's plan 
and associated program credit will only be granted if the following 
criteria are met:
    (1) EPA's review of the State/County's program evaluation confirms 
that the appropriate amount of program credit was claimed by the State/
County and achieved with the interim program,
    (2) Final program regulations are submitted to EPA.
    Following a review of the State/County's credit evaluation and 
final rules, EPA will proceed with further rulemaking action under 
section 110 of the Clean Air Act.

VI. Administrative Requirements

    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
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.

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 Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 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.
    Approvals of SIP submittals under section 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 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).
    If this approval is converted to a disapproval, it will not affect 
any existing state requirements applicable to small entities. Federal 
disapproval of the state submittal would not affect its

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state-enforceability. Moreover, EPA's disapproval of the submittal 
would not impose a new Federal requirement. Therefore, EPA certifies 
future conversion to a disapproval would not have a significant impact 
on a substantial number of small entities because it does not remove 
existing requirements nor would it substitute a new federal 
requirement.

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany 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 
private sector, of $100 million or more. Under section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action proposed/promulgated 
does not include a Federal 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. This Federal action 
approves pre-existing requirements under State or local law, and 
imposes no new requirements. Accordingly, no additional costs to State, 
local, or tribal governments, or to the private sector, result from 
this action.

D. Submission to Congress and the General Accounting Office

    Under section 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 
section 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 August 8, 1997.
    Filing a petition for reconsideration by the Administrator of this 
final interim 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) of the Administrative Procedures Act).

List of Subjects in 40 CFR part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Reporting 
and record keeping requirements.

    Dated: May 21, 1997.
Patricia D. Hull,
For Acting Regional Administrator, Region VIII.

    Part 52, chapter I, title 40 of the 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 TT-UTAH

    2. Section 52.2348 is added to Subpart TT to read as follows:


Sec. 52.2348  National Highway Systems Designation Act Motor Vehicle 
Inspection and Maintenance (I/M) Programs

    On March 15, 1996 the Governor of Utah submitted a revised I/M 
program for Utah County which included a credit claim, a basis in fact 
for the credit claimed, a description of the County's program, draft 
County ordinances, and authorizing legislation for the program. 
Approval is granted on an interim basis for a period of 18 months, 
under the authority of section 348 of the National Highway Systems 
Designation Act of 1995. If Utah County fails to start its program by 
November 15, 1997 at the latest, this approval will convert to a 
disapproval after EPA sends a letter to the State. At the end of the 
eighteen month period, the approval will lapse. At that time, EPA must 
take final rulemaking action upon the State's SIP, under the authority 
of section 110 of the Clean Air Act. Final action on the State/County's 
plan will be taken following EPA's review of the State/County's credit 
evaluation and final regulations (State and County) as submitted to 
EPA.
[FR Doc. 97-14986 Filed 6-6-97; 8:45 am]
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