[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

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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]
BILLING CODE 6560-50-U