[Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
[Rules and Regulations]
[Pages 29955-29957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14158]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DC-036-2011; FRL-6103-3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Enhanced Motor Vehicle Inspection and Maintenance
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is granting conditional approval of a State Implementation
Plan (SIP) revision submitted by the District of Columbia. This
revision establishes and requires the implementation of an enhanced
motor vehicle inspection and maintenance (I/M) program throughout the
District. The intended effect of this action is to conditionally
approve the District of Columbia enhanced motor vehicle I/M program.
EPA is granting approval of this SIP revision, conditioned upon the
District meeting the April 30, 1999 start date committed to and
contained in its enhanced I/M SIP revision.
EFFECTIVE DATES: This final rule is effective on July 2, 1998.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the Air
Programs Division, U.S. Environmental Protection Agency, Region III,
841 Chestnut Building, Philadelphia, Pennsylvania 19107.
FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti 215-566-
2174, at the EPA Region III address above, or via e-mail at
magliocchetti. catherineepamail. epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 30, 1998 (63 FR 15118), EPA published a notice of proposed
rulemaking (NPR) for the District of Columbia. The NPR proposed
conditional approval of the enhanced I/M program, submitted on November
25, 1997 by the District of Columbia Department of Health (DoH). A
description of the District's submittal and EPA's rationale for its
proposed action were presented in the NPR and will not be restated
here.
II. Public Comments/Response to Public Comments
There were no comments submitted during the public comment period
on this notice.
[[Page 29956]]
III. Conditional Approval
Under the terms of EPA's March 30, 1998 notice of proposed
rulemaking (63 FR 15118), the District's enhanced I/M program is
conditionally approved, pending full implementation of the program on
or before April 30, 1998. All other aspects of the District's plan were
considered approvable by EPA, in accordance with the Clean Air Act
(CAA) and the federal I/M rule requirements.
IV. Final Rulemaking Action
EPA is conditionally approving the District's enhanced I/M program
as a revision to the District of Columbia SIP, based upon the District
commitment to begin full implementation of the program by April 30,
1999. Should the District fail to fulfill this condition by April 30,
1999, this conditional approval will convert to a disapproval pursuant
to CAA section 110(k). In that event, EPA would issue a letter to
notify the District that the condition had not been met, and that the
approval had converted to a disapproval.
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.
V. Administrative Requirements
A. Executive Order 12866
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.
Conditional 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 District is already imposing.
Therefore, because the Federal SIP approval does not impose any new
requirements, EPA 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 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 the conditional approval is converted to a disapproval under
section 110(k), based on the State's failure to meet the commitment, it
will not affect any existing state requirements applicable to small
entities. Federal disapproval of the state submittal does not affect
its state-enforceability. Moreover, EPA's disapproval of the submittal
does not impose a new Federal requirement. Therefore, EPA certifies
that this disapproval action does not have a significant impact on a
substantial number of small entities because it does not remove
existing requirements nor does 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 conditional approval action 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
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a report, which includes a copy of the rule, to
each House of the Congress and to the Comptroller General of the United
States. EPA will submit 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 United States prior
to publication of the rule in the 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 0the appropriate circuit by August 3, 1998. Filing a
petition for reconsideration by the Administrator of this final rule to
conditionally approve the District of Columbia enhanced I/M SIP 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).
F. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks. Executive Order 13045 (62 FR 19885, April 23, 1997), applies to
any rule that is (1) likely to be ``economically significant'' as
defined under Executive Order 12866, and (2) the Agency has reason to
believe that the environmental health or safety risk addressed by the
rule may have a disproportionate effect on children. If a regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children, and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
This rule is not subject to E.O. 13045, ``Protection of Children
from Environmental Health Risks and Safety Risks'' because this is not
an ``economically significant'' regulatory action as defined by E.O.
12866, and
[[Page 29957]]
because it does not involve decisions on environmental health or safety
risks that may disproportionately affect children.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Dated: May 18, 1998.
William T. Wisniewski,
Acting Regional Administrator, Region III.
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 J--District of Columbia
2. Section 52.473 is added to read as follows:
Sec. 52.473 Conditional approval.
The District of Columbia's November 25, 1997 submittal, for an
enhanced motor vehicle inspection and maintenance (I/M) program, is
conditionally approved pending full implementation of the program by
April 30, 1999. Should the District fail to fulfill this condition by
April 30, 1999, this conditional approval will convert to a disapproval
pursuant to CAA section 110(k). In that event, EPA would issue a letter
to notify the District that the condition had not been met, and that
the approval had converted to a disapproval.
[FR Doc. 98-14158 Filed 6-1-98; 8:45 am]
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