[Federal Register Volume 64, Number 34 (Monday, February 22, 1999)]
[Rules and Regulations]
[Pages 8517-8523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3520]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL175-1a; FRL-6232-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois: Motor Vehicle Inspection and Maintenance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving the remaining portions of a vehicle 
inspection and maintenance (I/M) State Implementation Plan (SIP) 
revision submitted by the State of Illinois on June 29, 1995, which 
were conditionally approved by EPA on June 25, 1996. The final approval 
of the conditionally approved portions of the plan is based on the 
State's June 21, 1997, and December 9, 1998, submittals of additional 
documentation addressing the requirements of EPA's conditional 
approval. This revision provides for the adoption and implementation of 
an enhanced I/M program in both the Chicago severe ozone nonattainment 
area and the East St. Louis moderate ozone nonattainment area.

DATES: This rule is effective on April 23, 1999, unless EPA receives 
adverse written comments by March 24, 1999. If adverse comment is 
received, EPA will publish a timely withdrawal of the rule in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Written comment should be sent to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. Copies of the State submittal are available 
for inspection at the following address: U.S. Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. (It is recommended that you 
telephone Francisco Acevedo at (312) 886-6061 before visiting the 
Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Environmental 
Protection Specialist at (312) 886-6061.

SUPPLEMENTARY INFORMATION:

I. Introduction

    Motor vehicles are significant contributors of volatile organic 
compounds (VOC), carbon monoxide (CO), and nitrogen oxide 
(NOx) emissions. The motor vehicle inspection and 
maintenance program is an effective means of reducing these emissions. 
Despite improvements in emission control technology in past years, 
mobile sources in urban areas continue to remain responsible for 
roughly half of the emissions of VOC causing ozone, and most of the 
emissions of CO. They also emit substantial amounts of nitrogen oxides 
(NOx) and air toxics. This is because the number of vehicle 
miles traveled has doubled in the last 20 years to 2 trillion miles per 
year, offsetting much of the technological progress in vehicle emission 
control over the same period. Projections

[[Page 8518]]

indicate that the steady growth in vehicle miles will continue.
    Under the Clean Air Act (the Act), the EPA is pursuing a three-
point strategy to achieve emission reductions from motor vehicles. The 
development and commercialization of cleaner vehicles and cleaner fuels 
represent the first two elements of the strategy. These developments 
will take many years before cleaner vehicles and fuels dominate the 
fleet and favorably impact the environment. This document deals with 
the third element of the strategy, vehicle inspection and maintenance, 
which is aimed at the reduction of emissions from the existing fleet by 
ensuring that vehicles are maintained to meet the emission standards 
established by EPA. Properly functioning emission controls are 
necessary to keep pollution levels low. The driving public is often 
unable to detect a malfunction of the emission control system. While 
some minor malfunctions can increase emissions significantly, they do 
not affect drivability and may go unnoticed for a long period of time. 
Effective I/M programs can identify excessive emissions and assure 
repairs. The EPA projects that sophisticated I/M programs such as the 
one being approved in this rulemaking for Illinois will identify 
emission related problems and prompt the vehicle owner to obtain timely 
repairs thus reducing emissions. The Act requires that polluted cities 
adopt either a ``basic'' or ``enhanced'' I/M program, depending on the 
severity of the pollution and the population of the area. Moderate 
ozone nonattainment areas, plus marginal ozone areas with existing or 
previously required I/M programs in Census-defined urbanized areas, 
fall under the ``basic'' I/M requirements. Basic and enhanced I/M 
programs both achieve their objective by identifying vehicles that have 
high emissions as a result of one or more malfunctions, and requiring 
them to be repaired. An ``enhanced'' I/M program covers more vehicles 
in operation in the fleet, employs inspection methods which are better 
at finding high emitting vehicles, and has additional features to 
better assure that all vehicles are tested properly and effectively 
repaired. The Act directed EPA to establish a minimum performance 
standard for enhanced I/M programs. The standard is based on the 
performance achievable by annual inspections in a centralized test 
program. States have flexibility to design their own programs if they 
can show that their program is as effective as the model program used 
in the performance standard. Naturally, the more effective the program 
the more credit a State will get toward the emission reduction 
requirement. An effective program will help to offset emissions 
associated with growth in vehicle use and allow for industrial and/or 
commercial growth.
    The EPA and the States have learned a great deal about what makes 
an I/M program effective since the Clean Air Act of 1977 first required 
I/M programs for polluted areas. There are three major keys to an 
effective program:
    (1) Given the advanced state of current vehicle design and 
anticipated technology changes, the ability to accurately fail problem 
vehicles and pass clean ones requires improved test equipment and test 
procedures;
    (2) Comprehensive quality control and aggressive enforcement are 
essential to assuring the testing is done properly; and,
    (3) Skillful diagnostics and capable mechanics are important to 
assure that failed cars are fixed properly.
    These three factors are missing in most older I/M programs. 
Specifically, the idle and 2500 RPM/idle short tests and anti-tamper 
inspections used in current I/M programs are not as effective in 
identifying and reducing in-use emissions from the types of vehicles in 
the current and future fleet. Also, covert audits by EPA and State 
agencies typically discover improper inspection and testing 50 percent 
of the time in test-and-repair stations, indicating poor quality 
control. Experience has shown that quality control at high-volume test 
only stations is usually much better. And, finally, diagnostics and 
mechanics training are often poor or nonexistent in most older I/M 
programs.
    On November 5, 1992 (57 FR 52950), EPA established a high-tech 
emission test for high-tech cars. This I/M test, known as the IM240 
test, is so effective that biennial test programs yield almost the same 
emission reduction benefits as annual programs. The addition of the 
evaporative test increases the benefit even more and results in lower 
testing costs. In addition, EPA published changes to the I/M rule in 
the Federal Register on October 18, 1995, (60 FR 48029) in order to 
provide greater flexibility to States required to implement I/M 
programs.

II. Background

    The State of Illinois currently contains two ozone nonattainment 
areas which are required to implement I/M programs in accordance with 
the Act. The Chicago severe-17 ozone nonattainment area contains the 
Chicago, Aurora, Crystal Lake, Elgin, Joliet, and Round Lake Beach-
McHenry urbanized areas. The Federal I/M rule requires the Chicago 
urbanized area to implement an enhanced I/M program. Since the I/M rule 
does not require enhanced I/M programs in severe urbanized areas with a 
Census population of less than 200,000, the remaining five cities in 
the Chicago nonattainment area were required to implement only a basic 
I/M program based on their 1990 Census-defined urbanized area 
populations. The East St. Louis moderate ozone nonattainment area 
(Metro-East) contains the Illinois portion of the St. Louis and Alton 
urbanized areas. Both areas were required to implement a Basic I/M 
program in the nonattainment area. On June 29, 1995, the Illinois 
Environmental Protection Agency (IEPA) submitted to EPA a SIP revision 
for the implementation of an enhanced I/M program to cover both the 
Chicago and the East St. Louis nonattainment areas. This submittal 
includes the Vehicle Emissions Inspection Law of 1995 (625 ILCS 5/13B) 
(``Inspection Law''), which became effective January 18, 1994. That 
statute provides authority for IEPA to implement an enhanced I/M 
program and meet EPA's requirements for such a program. The Inspection 
Law mandates enhanced I/M testing for the Metro-East and the Chicago 
ozone nonattainment areas. The Illinois Pollution Control Board (Board) 
is required by the Inspection Law to adopt the necessary vehicle 
emissions standards, and IEPA is required to adopt equipment 
requirements and all necessary procedures for the enhanced I/M testing 
program. The standards were required to be adopted as amendments to 35 
Illinois Administrative Code 240 (Part 240), and the procedures adopted 
as amendments to 35 Illinois Administrative Code 276 (Part 276). The 
Illinois submittal of June 21, 1997 included two separate amendments to 
the Board I/M standards contained in Part 240 (Board docket numbers 
R94-19 and R94-20) effective on December 14, 1994 and December 12, 
1994, respectively (18 Ill. Reg. 18228 (December 30, 1994), and 18 Ill. 
Reg. 18013 (December 23, 1994)). These amendments include emissions 
standards based upon EPA's preferred IM240 loaded mode exhaust 
emissions standard. For the Enhanced I/M Program, the IEPA adopted an 
initial set of amendments to Agency procedures contained in Part 276 
and they became effective on June 14, 1996 (20 Ill. Reg. 8456). On 
April 22, 1996, IEPA submitted the State's Enhanced I/M Request-For-
Proposal as part of the Illinois SIP submittal.

[[Page 8519]]

    In a proposed rule published in the Federal Register on May 10, 
1996 (61 FR 21405), EPA proposed to approve portions of the Illinois 
enhanced I/M submittal and to conditionally approve other portions. The 
public comment period for the May 10, 1996, notice of proposed 
rulemaking closed on June 10, 1996, and no comments were received. EPA 
published a final rule approving portions of the Illinois enhanced I/M 
submittal and conditionally approving other portions of the plan on 
July 25, 1996.
    On June 21, 1997, the IEPA submitted the final enhanced I/M 
contract and supplemental information in support of the SIP as required 
by EPA's July 25, 1996 conditional approval of the Illinois plan. On 
December 9, 1998, the IEPA submitted recently adopted amendments to 
Part 240 ((22 Ill. Reg. 13723), effective July 13, 1998, and 22 Ill. 
Reg. 21120, effective July 13, 1998), and Part 276 ((22 Ill. Reg. 
18867) effective September 28, 1998) as the final required elements in 
support of the SIP revision. The adopted Board and IEPA agency 
regulations and the legislation submitted by Illinois, change the 
existing program from a basic I/M program to a fully enhanced I/M 
program in both of Illinois' ozone nonattainment areas.

III. EPA's Analysis of Illinois' Enhanced I/M Program

    As discussed above, section 182 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 for 
those areas that were conditionally approved by EPA on July 25, 1996 
and address whether the elements of the State's submittal comply with 
the Federal rule.

Network Type and Program Evaluation 40 CFR 51.353

    Enhanced I/M programs shall be operated in a centralized test-only 
format, unless the State can demonstrate that a decentralized program 
is equally effective in achieving the enhanced I/M performance 
standard. The enhanced program shall include an ongoing evaluation to 
quantify the emission reduction benefits of the program and to 
determine if the program is meeting the requirements of the Act and the 
Federal I/M regulations. The SIP shall include details on the program 
evaluation and a schedule for submittal of biennial evaluation reports, 
data from a State monitored or administered mass emission test of at 
least 0.1 percent of the vehicles subject to inspection each year, 
description of the sampling methodology, the data collection and 
analysis system and the legal authority enabling the evaluation 
program.
    The State legislative authority and the State I/M regulations 
provide for a centralized, test-only network. Illinois' centralized, 
test only network type is approvable. The submittal includes provisions 
for on-going program evaluation to satisfy the requirements of 40 CFR 
51.353. Specifically, the State's submittal includes a schedule for 
program evaluations and methodologies by which this biennial program 
evaluation will be carried out, as required by 40 CFR 51.353. In 
addition, the State has committed to submit to EPA biennial program 
evaluation reports meeting the requirements of 40 CFR 51.353 starting 
at the end of the program's first biennial cycle in July 2001. EPA is 
approving this section of the Illinois enhanced I/M SIP.

Vehicle Coverage 40 CFR 51.356

    The performance standard for enhanced I/M programs assumes coverage 
of all 1968 and newer model year light duty vehicles and light duty 
trucks 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. 
Vehicles registered or required to be registered within the I/M program 
area boundaries, and fleets primarily operated within the I/M program 
area boundaries belonging to the covered model years and vehicle 
classes comprise the subject vehicles. Fleets may be officially 
inspected outside the normal I/M program test facilities, if such 
alternatives are approved by IEPA, 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).
    The Federal I/M regulation requires that the SIP shall include the 
legal authority or rule necessary to 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 Illinois Vehicle Inspection Law of 1995 requires coverage of 
all 1968 and newer vehicles registered or required to be registered in 
the I/M program area, except those vehicles which run on diesel or 
exclusively by electricity. The modeling demonstration submitted with 
the SIP includes vehicle coverage of light-duty gasoline vehicles 
(LDGV), light-duty gasoline trucks 1 (LDGT1), and light-duty gasoline 
trucks 2 (LDGT2). The Illinois legislation provides the legal authority 
to implement and enforce the vehicle coverage. This level of coverage 
is approvable because it provides the necessary emission reductions. 
The State's June 21, 1997, SIP submittal adequately addresses fleet 
testing requirements. The State described the extent of the exemption's 
impact, in accordance with 40 CFR 51.356 and therefore EPA is approving 
this section of the State submittal.

Test Procedures and Standards 40 CFR 51.357

    Written test procedures and pass/fail standards are required to be 
established and followed for each model year and vehicle type included 
in the program. Federal test procedures and standards are found in 40 
CFR 51.357 and in the EPA document entitled ``High-Tech I/M Test 
Procedures, Equipment Standards, Quality Control Requirements, and 
Equipment Specifications'', EPA-AA-EPSD-IM-93-1, finalized in April, 
1994 and revised June 1996 and March 1998. 625 ILCS 5/13B provides the 
State the authority to establish test procedures according to the needs 
of the program. The Illinois submittal includes I/M regulations adopted 
by the Board ((R94-19, and R94-20, and R98-24) effective December 14, 
1994, December 12, 1994, and July 13, 1998, respectively), which 
include emissions standards based upon EPA's preferred IM240 loaded 
mode exhaust emissions standard. In 1996, Illinois EPA adopted some 
administrative rules to implement many aspects of the Enhanced I/M 
program, and these became effective on June 14, 1996 (amendments to 35 
Illinois Administrative Code 276 (20 Ill. Reg. 8456) (``Part 276'')). 
IEPA adopted the remaining necessary amendments to these rules this 
fall, and they have an effectiveness date of September 28, 1998 (22 
Ill. Reg. 18867). Therefore, EPA is approving this section of the SIP 
based on IEPA's submittal of December 9, 1998 of the adopted and 
effective amendments to the Part 240 Board rules, and the Part 276 IEPA 
rules.

[[Page 8520]]

Test Equipment 40 CFR 51.358

    The Federal regulation requires computerized test systems for 
performing any measurement on subject vehicles. The Federal I/M 
regulations requires that the State SIP submittal 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.
    625 ILCS 5/13B provides the general authority for the State to 
establish the designation of official test equipment and testing 
procedures. The Illinois submittal also includes I/M regulations which 
include emissions standards based upon EPA's preferred IM240 loaded 
mode exhaust emissions standard. IEPA has addressed the requirements of 
this section in Chapter 4 (Technical Requirements) and Chapter 5 
(Administrative Requirements) of the Enhanced I/M RFP and the 
contractor's Technical Proposal. EPA is approving this section of the 
SIP based on the State's June 21, 1997, submittal of the final signed 
contract addressing the requirements of 40 CFR 51.358.

Quality Control 40 CFR 51.359

    Quality control measures shall ensure that emission measurement 
equipment are calibrated and maintained properly, and that inspection, 
calibration records and control charts are accurately created, recorded 
and maintained. The Illinois submittal contains general legal authority 
in 625 ILCS 5/13B which requires IEPA to establish an enhanced program 
containing procedures to assure the correct operation, maintenance and 
calibration of test equipment, and also procedures for certifying test 
results and for reporting and maintaining relevant data and records. 
EPA is approving this section of the SIP based on the State's June 21, 
1997, submittal of the final signed contract addressing the quality 
control requirements of 40 CFR 51.359 in Chapter 4 (Technical 
Requirements) and Chapter 5 (Administrative Requirements) of the 
Enhanced I/M RFP and the contractor's Technical Proposal.

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 legal authority for the implementation of an I/M program is found 
in 625 ILCS 5/13B. This statute provides the authority necessary to 
develop and implement the enforcement program oversight element of the 
I/M program. The Office of the Secretary of State (SOS) will continue 
to enforce the Vehicle Emission Inspection Law of 1995, which requires 
SOS to ``suspend either the driving privileges or the vehicle 
registration or both, of any vehicle owner who has not complied with 
this chapter'' (625 ILCS 5/13B-55). EPA is approving this portion of 
the State's plan based on the State's June 21, 1997, submittal of the 
final signed I/M contract addressing the requirements of 40 CFR 51.362.

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. The Illinois submittal contains a general provision under 625 
ILCS 5/13B which requires that the State I/M program provide for 
procedures to assure the correct operation, maintenance, and 
calibration of test equipment. Illinois will continue to implement its 
ongoing quality assurance program to discover, correct and prevent 
fraud, waste and abuse in the enhanced I/M program. The program will 
include both covert and overt performance audits of the inspectors, 
audits of the stations and inspection records, equipment audits, and 
formal training of all state I/M enforcement officials and auditors. 
Chapter 4 (Technical Requirements) and Chapter 5 (Administrative 
Requirements) of the Enhanced I/M RFP and the contractor's Technical 
Proposal contain numerous provisions which will enable IEPA to continue 
this program. EPA is approving this portion of the State's plan based 
on IEPA's June 21, 1997, submittal of the final signed I/M contract 
addressing the requirements of this section.

Enforcement Against Contractors, Stations and Inspectors 40 CFR 51.364

    Enforcement against licensed stations or contractors and inspectors 
shall include swift, sure, 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 should 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. The Illinois submittal includes the legal authority 
to establish and impose penalties against station, contractors, and 
inspectors. In addition, Chapter 6 (Implementation) of the enhanced I/M 
RFP and the contractor's Technical Proposal contain detailed provisions 
addressing the requirements of this section, including specific 
monetary penalties established for violation of program rules and 
procedures. EPA is approving this section of the SIP based on the 
State's June 21, 1997, submittal of the final signed I/M contract 
addressing such requirements.

Data Collection 40 CFR 51.365

    In order to manage, evaluate, and enforce the program requirements, 
an effective I/M program requires accurate data collection. 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. The Illinois submittal contains 
a general provision under 625 ILCS 5/13B which requires that the State 
I/M program provide for procedures for certifying test results and for 
reporting and maintaining relevant data and records. In addition, 
Chapter 4 (Technical Requirements) of the Enhanced I/M RFP and the 
contractor's Technical Proposal requires that the contractor submit to 
IEPA, on a monthly basis, a file containing detailed data for each 
vehicle test transaction conducted. The data collection requirements 
specified in the final contract meet those specified in 40 CFR 51.365. 
EPA is approving this section of the SIP based on the State's June 21, 
1997, submittal of the final signed I/M contract addressing the 
requirements of this section.

Data Analysis and Reporting 40 CFR 51.366

    Data analysis and reporting are required in order to monitor and 
evaluate the program by the State and

[[Page 8521]]

EPA. The Federal I/M rule requires annual reports to be submitted to 
EPA that provide information and statistics and summarize activities 
performed for each of the following programs: testing, quality 
assurance, quality control and enforcement. These reports are to be 
submitted by July of each year and shall provide statistics for the 
period of January to December of the previous year. A biennial report 
shall be submitted to EPA that addresses changes in the program design, 
regulations, legal authority, program procedures, any weaknesses in the 
program found during the previous two year period and how these 
problems will be or were corrected. Chapter 4 (Technical Requirements) 
of the Enhanced I/M RFP and the contractor's Technical Proposal 
contains the necessary provisions addressing the requirements of this 
section.
    EPA is approving this section of the SIP based on the State's June 
21, 1997, submittal of the final signed contract addressing the data 
analysis and reporting requirements of 40 CFR 51.366.

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 conduct inspections. 625 ILCS 5/
13B requires all inspectors to be certified by IEPA after successfully 
completing a course of training and successfully passing a written 
test. Chapter 4 (Technical Requirements) of the Enhanced I/M RFP and 
the contractor's Technical Proposal requires the contractor to develop 
a detailed Management Plan for the implementation and operation of the 
contracted elements of the Illinois enhanced I/M program. The 
Management Plan must include as part of its elements, a description of 
the Personnel Training and Certification Program as described in the I/
M contract. The final contract requires the Contractor to establish and 
operate an on-going program to train and certify contractor and IEPA 
personnel. EPA is approving this section of the SIP based on the 
State's June 21, 1997, submittal of the final signed I/M contract 
addressing such requirements.

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. The submittal needs to 
include a public information program, which educates the public on I/M, 
State, and Federal regulations, air quality, the contribution of motor 
vehicles to the air pollution problem, and other items as described in 
the Federal rule. A consumer protection program, which includes 
provisions for a challenge mechanism, protection of whistle blowers and 
assistance to motorists in obtaining warranty covered repair, also 
needs to be addressed. IEPA has prepared a comprehensive public 
information program meeting the requirements of this section. The 
Enhanced I/M contractor will be responsible for developing and 
implementing the majority of the public information program according 
to the Enhanced I/M contract. Chapter 5 of the Enhanced I/M Contract 
requires the contractor to assist IEPA to inform motorists of the need 
for emission testing and the benefits derived from regular maintenance 
of their vehicles, and cooperate in distributing public information 
brochures and/or leaflets to motorists in the inspection lanes. EPA is 
approving this section of the Illinois plan.

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 
should 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 Enhanced I/M Contract 
contains provisions for the contractor to develop a ``Repair Industry 
Plan'' that will be developed and coordinated with IEPA to assist the 
industry, especially during the beginning of the operating phase of the 
Enhanced I/M program. The contractor will provide direct mailings 
providing information on available training and certification. The 
contractor will also prepare and distribute to the industry, on a 
quarterly basis, a newsletter focusing on emissions-related repair 
procedures, unusual or anomalous vehicles, and other information 
related to diffusing beneficial repair information. The contractor has 
also made arrangements for the repair industry to receive key repair 
information from a third-party contractor for a fee. This telephone 
service hotline will provide a variety of repair information and will 
be linked to the Contractor's computer system to allow real-time access 
to test record information. EPA is approving this section of the 
Illinois plan.

Compliance With Recall Notices 40 CFR 51.370

    States are required to establish a method to ensure that vehicles 
subject to enhanced I/M and that are included in either a voluntary 
emissions recall as defined at 40 CFR 85.1902(d), or in a remedial plan 
determination made pursuant to section 207(c) of the Act, receive the 
required repairs prior to completing the emission test or renewing the 
vehicle registration. 625 ILCS 5/13B provides the legal authority to 
require owners to comply with emission related recalls before 
completing the emission test. The Illinois RFP requires that the 
contractor provide and maintain as part of the data handling system a 
means to identify vehicles with unresolved emissions recalls based upon 
the data provided by EPA. At a minimum, the Contractor and IEPA will 
have the capability to store, retrieve, and update recall data that 
consists of the vehicle identification number, the number of the recall 
campaign, and the date that the repairs were performed. The system is 
to be capable of interactively updating vehicle and/or recall database 
records based upon information supplied by vehicle owners indicating 
that required repairs have been made. The system will also be capable 
of updating appropriate records based upon updated data provided by 
EPA. EPA is approving this section of the Illinois plan.

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 percent 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 an on-road test shall 
be required to pass an out-of-cycle test. 625 ILCS 5/13B requires on-
road testing through the use of remote sensing devices. The SIP 
submittal requires the use of RSD to test at least 0.5 percent of the 
subject fleet per year in the I/M program area. Chapter 4 (Technical 
Requirements) of the Enhanced I/M RFP and the contractor's Technical 
Proposal requires that the Contractor develop and maintain written on-
road inspection procedures to be approved by IEPA. In addition, the 
Contractor is to provide and maintain as part of the system on-

[[Page 8522]]

road testing information containing vehicle and test results obtained 
from the on-road testing program. The Contractor will be responsible 
for evaluating all on-road emission data, including linking emissions 
data with vehicle database records. EPA is approving this section of 
the Illinois plan.

IV. Final Rulemaking Action

    EPA is approving the sections addressed above as a revision to the 
Illinois SIP for an enhanced I/M program. The sections discussed in 
this notice were conditionally approved on July 25, 1996, and EPA is 
approving them based on the State's June 21, 1997, and December 9, 
1998, submittal of the final signed I/M contract and additional 
documentation addressing the requirements of EPA's conditional 
approval.
    The EPA is publishing this rule without prior proposal because EPA 
views this as a noncontroversial revision and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, the EPA is proposing to approve the State Plan should 
adverse written comments be filed. This rule will be effective without 
further notice unless the Agency receives relevant adverse written 
comment by March 24, 1999. Should the Agency receive such comments, it 
will publish a final rule informing the public that this action will 
not take effect. 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 April 23, 1999.

V. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a State, local or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of State, local and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.'' Today's rule does not 
create a mandate on State, local or tribal governments. The rule does 
not impose any enforceable duties on these entities. Accordingly, the 
requirements of section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the 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 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the OMB, in a separately identified section of the 
preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, E.O. 13084 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of tribal governments ``to provide meaningful and 
timely input in the development of regulatory policies on matters that 
significantly or uniquely affect their communities.'' Today's rule does 
not significantly or uniquely affect the communities of Indian tribal 
governments. Accordingly, the requirements of section 3(b) of E.O. 
13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act (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 create any new requirements, I certify that this action will 
not have a significant economic impact on a substantial number of small 
entities. 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 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. V. EPA., 427 U.S. 246, 256-66 (1976); 42 U.S.C. 
7410(a)(2).

F. 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 
annual 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 promulgated does not include a Federal mandate that 
may result in estimated

[[Page 8523]]

annual 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.

G. Submission to Congress and the Comptroller General

    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 rule 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

H. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 23, 1999. 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, Carbon monoxide, 
Incorporation by reference, Nitrogen oxide, Ozone, Volatile organic 
compounds.

    Dated: January 28, 1999.
David A. Ullrich,
Acting Regional Administrator, Region V.

    For the reasons stated in the preamble, 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 et seq.

Subpart O--Illinois

    2. Section 52.720 is amended by adding paragraph (c)(147) to read 
as follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (147) On June 21, 1997, and December 9, 1998, the State of Illinois 
submitted regulations adopted by the Illinois Pollution Control Board 
and the Illinois Environmental Protection Agency and legislation 
adopted by the General Assembly and signed by the Governor related to 
Illinois' vehicle inspection and maintenance (I/M) program. The purpose 
of these submittals was to change the existing program from a basic I/M 
program to a fully enhanced I/M program. These changes modify the 
program in both the Chicago and Saint Louis (Illinois Portion) Ozone 
nonattainment areas.
    (i) Incorporation by reference.
    (A) Illinois Administrative Code, Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control 
Board, Subchapter k: Emission Standards and Limitations for Mobile 
sources, Part 240 Mobile Sources, Except for Section 240. Table C. 
Adopted at 22 Ill. Reg. 13723, effective July 13, 1998.
    (B) Illinois Administrative Code, Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control 
Board, Subchapter k: Emission Standards and Limitations for Mobile 
sources, Part 240 Mobile Sources, Section 240. Table C. Corrected at 22 
Ill. Reg. 21120, effective July 13, 1998.
    (C) Illinois Administrative Code, Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter II: Environmental 
Protection Agency, Part 276 Procedures to be Followed in the 
Performance of Inspections of Motor Vehicle Emissions. Amended at 22 
Ill. Reg. 18867, effective September 28, 1998.
    (ii) Other materials.
    (A) Transmittal letters dated June 21, 1997, and December 9, 1998.
    (B) Public Act 90-475, effective August 17, 1997. This Act amends 
the Illinois Environmental Protection Act by changing Sections 3.32, 
3.78, 21, and 22.15 and adding Sections 3.78a and 22.38.


Sec. 52.726   [Revised]

    3. Section 52.726 is revised by removing and reserving paragraph 
(m).

[FR Doc. 99-3520 Filed 2-19-99; 8:45 am]
BILLING CODE 6560-50-P