[Federal Register Volume 64, Number 112 (Friday, June 11, 1999)]
[Rules and Regulations]
[Pages 31498-31501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14593]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC036-2017; FRL-6356-4]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Enhanced Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: We are converting the conditional approval of the District of 
Columbia's (the District's) enhanced vehicle inspection and maintenance 
(I/M) program which was granted on June 2, 1998 (63 FR 29955) to a full 
approval. The District's I/M program was conditionally approved as a 
revision to its State Implementation Plan (SIP) in the rule published 
on June 2, 1998. The sole condition imposed in EPA's June 2, 1998 
conditional approval was that the District's enhanced I/M program begin 
on or before April 30, 1999. The District began testing vehicles on 
April 26, 1999, and fulfilled its condition for full approval of the I/
M program. The District's program meets all the requirements of the 
Clean Air Act for enhanced I/M.

DATES: This rule is effective on August 10, 1999, unless EPA receives 
adverse written comment by July 12, 1999. If adverse comment is 
received, we will publish a timely withdrawal of the rule in the 
Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: Send written comments to: David L. Arnold, Chief, Ozone and 
Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
You may inspect copies of the documents relevant to this action during 
normal business hours at the following locations: Air Protection 
Division, 14th floor, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103; the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 401 M Street, SW, Washington, DC 20460; and District of 
Columbia Department of Public Health, Air Quality Division, 2100 Martin 
Luther King Avenue, S.E., Washington, DC 20020. Please contact 
Catherine L., Magliocchetti at (215) 814-2174 if you wish to arrange an 
appointment to view the docket at the Philadelphia office.

FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, (215) 814-
2174 , or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: This Supplementary Information section is 
organized as follows:

What action is EPA taking today?
Who is affected by this action?
Who will benefit from this action?

What Action is EPA Taking Today?

    In this action, we are converting our conditional approval of the 
District's I/M program as a revision to the SIP to a full approval. The 
District's enhanced I/M program was conditionally approved and made 
part of the District's SIP in a rule published on June 2, 1998 (63 FR 
29955).
    The sole condition imposed in the June 2, 1998 conditional approval 
was that the District's enhanced I/M program begin on or before April 
30, 1999. The District began testing vehicles on April 26, 1999, and 
thereby has fulfilled the sole condition necessary for full approval of 
the I/M program. Because the District has fulfilled the condition 
imposed in the June 2, 1998 rule, we are converting our conditional 
approval of the I/M SIP to a full approval.

Who is Affected by This Action?

    It is important to note that our action today does not impose any 
new requirements on District residents; we are merely giving full 
versus conditional federal approval to the District law and regulations 
that are already in place to implement an enhanced I/M program. Those 
laws and regulations were made part of the District's SIP by the final 
rule published on June 2, 1998 (63 FR 29955).

Who Will Benefit From This Program?

    The residents of the District will benefit from this program, which 
is designed to keep vehicles maintained and operating within pollution 
control standards. And, since air pollution does not recognize 
political boundaries, neighboring states' residents will also benefit 
from implementation of this program which is designed to prevent 
excessive vehicle pollution.

EPA Action

    EPA is converting its conditional approval approval of the 
District's enhanced I/M SIP to full approval. An extensive discussion 
of the District's 
I/M plan and our rationale for its approval was provided in the 
previous final rule which conditionally approved the I/M SIP (see 63 FR 
29955 and 63 FR 15118) and in our Technical Support Document, dated 
March 10, 1998. This action to convert our conditional approval to full 
approval is being published without prior proposal because we view this 
as a noncontroversial revision and we anticipate no adverse comment. 
However, in a separate document in this Federal Register publication, 
we are proposing to this action should adverse written comments be 
filed. This action will be effective without further notice unless we 
receive relevant adverse comment by July 12, 1999. Should we receive 
such comments, we will publish a withdrawal and inform the public that 
this action will not take effect. Anyone interested in commenting on 
this action should do so at this time. If no such comments are 
received, you are advised that this action will be effective on August 
10, 1999.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from review under 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 EPA complies by consulting, E.O. requires EPA to 
provide to the Office of Management and Budget

[[Page 31499]]

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

    E.O. 13045, entitled ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that the EPA determines (1) is ``economically 
significant,'' as defined under E.O. 12866, and (2) the environmental 
health or safety risk addressed by the rule has 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 final rule is not subject to E.O. 13045 because it is not an 
economically significant regulatory action as defined by E.O. 12866, 
and it does not address an environmental health or safety risk that 
would have a disproportionate effect on children.

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 EPA complies by 
consulting, Executive Order 13084 requires EPA to provide to the Office 
of Management and Budget, 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, Executive Order 13084 
requires EPA to develop an effective process permitting elected and 
other representatives of Indian 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. This action does not involve or impose 
any requirements that affect Indian Tribes. 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 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 
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).

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 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. 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 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 10, 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 converting the conditional approval of the District of 
Columbia's enhanced inspection and maintenance program SIP revision to 
a full approval 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, 
Hydrocarbons, Incorporation by reference, Nitrogen dioxide, Ozone,

[[Page 31500]]

Enhanced Inspection and Maintenance (I/M).

    Dated: May 27, 1999
W. Michael McCabe,
Regional Administrator, Region III.

    40 CFR part 52 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 J--District of Columbia

    2. In Sec. 52.470, an entry for Title 18, Chapters 4, 6, 7, 11, 26 
and 99 is added at the end of the table in paragraph (c) in the ``EPA 
Approved Regulations in the District of Columbia SIP'' to read as 
follows:


Sec. 52.470  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                            EPA-Approved Regulations In The District of Columbia Sip
----------------------------------------------------------------------------------------------------------------
                                                        State effective
         State citation              Title/Subject           date          EPA approval date       Comments
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
                                         Title 18--Vehicles and Traffic
                                 Chapter 4  Motor Vehicle Title and Registration
----------------------------------------------------------------------------------------------------------------
Section 411.....................  Registration of     10/10/86..........  June 11, 1999.
                                   Motor Vehicles:
                                   General
                                   Provisions.
Section 412.....................  Refusal of          10/17/97..........  June 11, 1999.
                                   Registration.
Section 413.....................  Application for     9/16/83...........  June 11, 1999.
                                   Registration.
Section 429.....................  Enforcement of      3/4/83............  June 11, 1999.
                                   Registration and
                                   Reciprocity
                                   Requirements.
----------------------------------------------------------------------------------------------------------------
                                     Chapter 6  Inspection of Motor Vehicles
----------------------------------------------------------------------------------------------------------------
Section 600.....................  General Provisions  4/23/82...........  June 11, 1999.
Section 602.....................  Inspection          3/15/85...........  June 11, 1999.
                                   Stickers.
Section 603.....................  Vehicle             6/29/74;            June 11, 1999.
                                   Inspection:         Recodified 4/1/81.
                                   Approved Vehicles.
Section 604.....................  Vehicle             11/23/84..........  4/10/86 51 FR
                                   Inspection:                             12322.
                                   Rejected Vehicles.
Section 606.....................  Vehicle             6/29/74;            June 11, 1999.
                                   Inspection:         Recodified 4/1/81.
                                   Condemned
                                   Vehicles.
Section 607.....................  Placement of        4/7/77; Recodified  June 11, 1999.
                                   Inspection          4/1/81.
                                   Stickers on
                                   Vehicles.
Section 608.....................  Lost, Mutilated or  6/30/72;            June 11, 1999.
                                   Detached            Recodified 4/1/81.
                                   Inspection
                                   Stickers.
Section 609.....................  Inspection of Non-  6/30/72;            June 11, 1999.
                                   Registered Motor    Recodified 4/1/81.
                                   Vehicles.
Section 617.....................  Inspection          7/22/94...........  June 11, 1999.
                                   Certification.
Section 618.....................  Automotive          7/22/94...........  June 11, 1999.
                                   Emissions Repair
                                   Technician.
Section 619.....................  Vehicle Emission    10/17/97..........  June 11, 1999.
                                   Recall Compliance.
----------------------------------------------------------------------------------------------------------------
                                       Chapter 7  Motor Vehicle Equipment
----------------------------------------------------------------------------------------------------------------
Section 701.....................  Historic Motor      2/25/78;            June 11, 1999.
                                   Vehicles.           Recodified 4/1/81.
Section 750.....................  Exhaust Emission    4/26/77;            June 11, 1999.
                                   Systems.            Recodified 4/1/81.
Section 751.....................  Compliance with     7/22/94...........  June 11, 1999.
                                   Exhaust Emission
                                   Standards.
Section 752.....................  Maximum Allowable   10/17/97..........  June 11, 1999.
                                   Levels of Exhaust
                                   Components.
Section 753.....................  Inspection of       5/23/83...........  4/10/86 51 FR
                                   Exhaust Emission                        12322.
                                   Systems.
Section 754.....................  Federal Transient   7/22/94...........  June 11, 1999.
                                   Emissions Test:
                                   Testing
                                   Procedures.
Section 755.....................  Federal Transient   7/22/94...........  June 11, 1999.
                                   Emissions Test:
                                   Equipment.
Section 756.....................  Federal Transient   7/22/94...........  June 11, 1999.
                                   Emissions Test:
                                   Quality Assurance
                                   Procedures.
----------------------------------------------------------------------------------------------------------------

[[Page 31501]]

 
                                Chapter 11  Motor Vehicle Offenses and Penalties
----------------------------------------------------------------------------------------------------------------
Section 1101....................  Offenses Related    6/30/72;            June 11, 1999.
                                   to Title,           Recodified 4/1/81.
                                   Registration, and
                                   Identification
                                   Tags.
Section 1103....................  Offenses Related    6/30/72;            June 11, 1999.
                                   to Inspection       Recodified 4/1/81.
                                   Stickers.
Section 1104....................  False Statements,   11/29/91..........  June 11, 1999.
                                   Alterations,
                                   Forgery, and
                                   Dishonest Checks.
Section 1110....................  Penalties for       11/29/91..........  June 11, 1999.
                                   Violations.
----------------------------------------------------------------------------------------------------------------
                          Chapter 26  Civil Fines for Moving and Non-Moving Violations
----------------------------------------------------------------------------------------------------------------
Section 2600.1..................  Infraction:         8/31/90...........  June 11, 1999.
                                   Inspection,
                                   Registration
                                   Certificate, Tags.
----------------------------------------------------------------------------------------------------------------
                                             Chapter 99  Definitions
----------------------------------------------------------------------------------------------------------------
Section 9901....................  Definitions.......  10/17/97..........  June 11, 1999.
----------------------------------------------------------------------------------------------------------------

Sec. 52.473  [Amended]

    3. In section 52.473, paragraph (a) is reserved.

[FR Doc. 99-14593 Filed 6-10-99; 8:45 am]
BILLING CODE 6560-50-P