[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Rules and Regulations]
[Pages 32411-32414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15163]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 133-4087o; FRL-6354-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Pennsylvania; Motor Vehicle Inspection and Maintenance 
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on the latest revision to 
the Pennsylvania State Implementation Plan (SIP) consisting of the plan 
the Commonwealth will use to conduct the ongoing evaluation of its 
enhanced inspection and maintenance (I/M) program. With the submission 
of this program evaluation plan, Pennsylvania has remedied all 
conditions that EPA had placed upon approval of the Commonwealth's 
enhanced I/M program. Therefore, EPA is today converting its 
conditional approval of Pennsylvania's enhanced I/M program SIP 
revisions to full approval, in accordance with the requirements of the 
Clean Air Act.

DATES: This rule is effective on August 2, 1999 without further notice, 
unless EPA receives adverse written comment by July 19, 1999. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Written comments should be mailed to David Arnold, Chief, 
Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103; or at the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 401 M Street, SW, Washington, DC 20460. They may also be viewed 
at the Pennsylvania Department of Environmental Protection, Bureau of 
Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 
17105.

FOR FURTHER INFORMATION CONTACT: Brian K. Rehn, (215) 814-2176, or via 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 32412]]

I. Background

    On January 28, 1997, EPA published in the Federal Register a final 
rulemaking action (62 FR 4004) granting conditional interim approval to 
Pennsylvania's enhanced I/M program SIP revision submitted by 
Pennsylvania on March 22, 1996, and formally amended on June 27, 1996 
and on July 29, 1996. The interim nature of the approval was granted 
under authority provided by the National Highway Systems Designation 
Act of 1995 (NHSDA). At the end of the specified 18-month interim 
approval period, the Commonwealth was required to make a demonstration 
of the effectiveness of their I/M program network, per NHSDA 
requirements, based upon actual program data. The conditional nature of 
the approval was granted under the Clean Air Act and required 
Pennsylvania to remedy, within a 12-month period, certain major program 
deficiencies. EPA's January 28, 1997 approval also required the 
Commonwealth to remedy certain minor deficiencies within the 18-month 
interim approval period.
    Pennsylvania submitted supplements to its I/M SIP to EPA on 
November 13, 1997; February 24, 1998; and August 21, 1998. The purpose 
of these supplemental submittals was to bolster the enhanced I/M SIP to 
include updated information and to satisfy the conditions imposed by 
EPA in its January 28, 1998 conditional interim approval.
    On September 2, 1998, EPA published a direct final rule in the 
Federal Register (63 FR 46664) approving Pennsylvania's November 13, 
1997 and February 24, 1998 SIP revisions. That approval action removed 
four major conditions and seven minor conditions identified in EPA's 
January 28, 1997 interim conditional approval of Pennsylvania's I/M 
SIP.
    On September 16, 1998, EPA published a direct final rule in the 
Federal Register (63 FR 49436) approving Pennsylvania's August 21, 1998 
SIP revision supplement consisting of the Commonwealth's network 
effectiveness demonstration (per requirements of section 348 of the 
NHSDA). However, EPA received adverse comments upon the direct final 
rule, and withdrew it on October 21, 1998 in accordance with federal 
rulemaking procedures. EPA has since issued a final rule approving the 
August 21, 1998 submittal of the Commonwealth's network effectiveness 
demonstration. In the preamble to that final rule EPA addressed the 
adverse comments. That final rule also removed the remaining minor 
conditions identified in EPA's January 28, 1997 interim conditional 
approval of Pennsylvania's I/M SIP. As a result of these two rulemaking 
actions, EPA converted its interim conditional approval of the 
Commonwealth's I/M program to a conditional approval--leaving only a 
single condition remaining to be addressed. That one remaining 
condition was the submittal by Pennsylvania of a plan for conducting 
the required ongoing evaluation of its enhanced I/M program. On 
November 25, 1998, Pennsylvania submitted the required evaluation plan 
to fulfill this last condition. The November 25, 1998 submittal, as 
amended on March 3, 1999, is the subject of this rulemaking.

II. Summary of the Commonwealth's Submittal

    On November 25, 1998, the Commonwealth of Pennsylvania submitted a 
supplement to its enhanced I/M SIP consisting of its plan for 
conducting the required ongoing program evaluation of its enhanced I/M 
program. On March 3, 1999, the Commonwealth bolstered the November 25, 
1998 submittal to include documentation that public notice and hearing 
had been conducted on its chosen evaluation plan. The submitted plan 
reflects the Commonwealth's choice of an EPA-approved method for 
conducting an ongoing program evaluation. The purpose of the 
Commonwealth's November 25, 1998 and March 3, 1999 SIP submittals is to 
address and remedy the final condition set forth in EPA's January 28, 
1997 interim conditional approval (62 FR 4004) of Pennsylvania's I/M 
program SIP, and codified at 40 CFR 52.2026(a)(2).

III. EPA Review of the SIP Revision

    EPA conditioned its January 28, 1997 approval of the Commonwealth's 
SIP upon submission, by November 30 1998, of a final plan for 
conducting the required enhanced I/M program evaluation, which requires 
the use of an EPA approved methodology to be performed on 0.1 percent 
of the I/M subject vehicles in the Pittsburgh and Philadelphia program 
areas. EPA required the Commonwealth to select a methodology that 
complies with Federal I/M rule requirements set forth at 40 CFR 
51.353(c)(3). On October 30, 1998, EPA's Office of Mobile Sources 
issued a guidance memorandum entitled ``Guidance on Alternative I/M 
Program Evaluation Methods''. This document outlined three EPA accepted 
alternative I/M program evaluation methodologies available to states to 
comply with the requirements of 40 CFR 51.353(c). The approved 
alternatives include: (1) the Sierra Research method; (2) the NYTEST 
(or VMAS) method; and (3) the RG240 method. The guidance also addressed 
the need to establish a baseline from which to determine I/M program 
emissions benefits, in order to fully evaluate enhanced I/M program 
effectiveness. For areas that had previously existing I/M programs 
prior to implementation of an enhanced I/M program, the guidance 
established a methodology for determining a benchmark, since a direct 
comparison between pre-program and post-program baselines for subsets 
of such vehicles would not be possible.
    For its evaluation methodology, Pennsylvania chose to use the 
Sierra Research method, utilizing a correlation between another state's 
IM240 program and its own acceleration simulation mode (ASM) and idle 
testing programs, per EPA's October 30, 1998 guidance. These 
correlations will then be used to convert Pennsylvania's idle/ASM 
measurements to IM240-equivalent measurements for each vehicle. These 
will then form the basis for a modeled comparison between the 
Commonwealth's program and the benchmark IM240 program. For its 
benchmark comparison of estimating a baseline, Pennsylvania intends to 
correlate its idle/ASM program data to IM240 data from New Jersey's or 
Maryland's program.

IV. Final Action

    EPA is hereby approving Pennsylvania's November 25, 1998 and March 
3, 1999 SIP submittals.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment, since the Commonwealth's SIP revision complies with 
applicable guidance and with the requirements at 40 CFR 51.353(c). The 
Commonwealth has fully met the requirements of the relevant condition 
set by EPA in its January 28, 1997 conditional approval of the 
Pennsylvania I/M program SIP revision.
    However, in the ``Proposed Rules'' section of today's Federal 
Register, EPA is publishing a separate document that will serve as a 
proposal to approve the SIP revision in the event adverse comments are 
filed. This rule will be effective on August 2, 1999 without further 
notice unless EPA receives adverse comment by July 19, 1999. If EPA 
receives adverse comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public

[[Page 32413]]

that the rule will not take effect. EPA will address all public 
comments in a subsequent final rule based on the proposed rule. EPA 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.
    EPA, through previous rulemaking actions, approved Pennsylvania's 
enhanced I/M program SIP revisions submitted prior to November 25, 
1998. Those SIP revisions satisfied all but one of the major and minor 
conditions set forth by EPA in its January 28, 1997 (62 FR 4004) 
approval of Pennsylvania's enhanced I/M program. EPA also taken final 
action to approve the Commonwealth's I/M program network effectiveness 
demonstration, required under section 348 of the NHSDA. Because the 
Commonwealth has now addressed all of the deficiencies identified by 
EPA with respect to its enhanced I/M program SIP, EPA is acting today 
to incorporate by reference all of Pennsylvania's enhanced I/M SIP 
revisions into the Code of Federal Regulations, at 40 CFR 
52.2020(c)(139).
    Since EPA has previously taken final approval actions on all of 
Pennsylvania's enhanced I/M SIP revisions submitted prior to November 
25, 1998, EPA is now providing opportunity for comment only upon 
today's approval of the Commonwealth's program evaluation plan--
submitted on November 25, 1998 and amended on March 3, 1999.
    By taking final, full approval upon Pennsylvania's submitted 
enhanced I/M program SIP revisions, the mandatory sanctions and Federal 
Implementation Plan obligations under the Clean Air Act have been 
satisfied. All sanctions and FIP clocks related to approval of 
Pennsylvania's I/M program are terminated upon the effective date of 
today's action.

V. 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 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

[[Page 32414]]

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 to fully approve Pennsylvania's enhanced 
I/M program SIP must be filed in the United States Court of Appeals for 
the appropriate circuit by August 16, 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, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen dioxide, Ozone.

    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 NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraph (c)(139) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (139) Revisions to the Pennsylvania State Implementation Plan 
adopting an enhanced motor vehicle inspection and maintenance (I/M) 
program, submitted on March 22, 1996, and formal amendments submitted 
by the Secretary of the Pennsylvania Department of Environmental 
Protection on June 27, 1996; July 29, 1996; November 1, 1996; October 
22, 1997; November 13, 1997; February 24, 1998; August 21, 1998; 
November 25, 1998; and March 3, 1999.
    (i) Incorporation by reference.
    (A) Letter of November 13, 1997 from the Secretary of the 
Pennsylvania Department of Environmental Protection transmitting 
regulations for an enhanced motor vehicle inspection and maintenance 
program.
    (B) Pennsylvania Department of Transportation Enhanced Motor 
Vehicle Inspection and Maintenance (I/M) Program regulations (contained 
in Title 67 of the PA Code), effective September 27, 1997.
    (1) A definition for ``temporary inspection approval indicator'', 
added to section 175.2.
    (2) Section 175.11
    (3) Paragraph (f)(4) of section 175.29
    (4) Paragraphs (a), (b), (c), and (d) of section 175.41. Paragraph 
(b)(3) of section 175.41. Subparagraphs (d)(2)(ii) and (d)(2)(iii), and 
paragraphs (e)(5) and (f)(4) of section 175.41.
    (5) Sections 175.42, 175.43, 175.44, and 175.45.
    (6) Sections 177.1, 177.2, 177.3, 177.21, 177.22, 177.23, 177.24, 
177.51, 177.52, 177.53, 177.101, 177.102, 177.103, 177.104, 177.105, 
177.106.
    (7) Sections 177.201, 177.202, 177.203, 177.204, 177.231, 177.233, 
177.251, 177.252, 177.253, 177.271, 177.272, 177.273, 177.274, 177.281, 
177.282, 177.291, 177.292, 177.301, 177.302, 177.304, and 177.305.
    (8) Sections 177.401, 177.402, 177.403, 177.404, 177.405, 177.406, 
177.407, 177.408, 177.421, 177.422, 177.423, 177.424, 177.425, 177.426, 
177.427, and 177.431.
    (9) Sections 177.501, 177.502, 177.503, 177.504, and 177.521.
    (10) Sections 177.602, 177.603, 177.605, 177.606, 177.651, 177.652, 
177.671, 177.672, 177.673, and 177.691.
    (11) Appendix A to Title 67 of the Pennsylvania Code.
    (12) Appendix B to Title 67 of the Pennsylvania Code.
(ii) Additional Material.--Remainder of Submittals
    The Commonwealth submitted materials in support of its enhanced 
motor vehicle inspection and maintenance (I/M) program regulation. 
These materials were submitted in formal SIP revisions dated: March 27, 
1996; July 29, 1996; November 1, 1996; November 13, 1997; February 24, 
1998; August 21, 1998; November 25, 1998; and March 3, 1999, and 
include:
    (A) Submittal submitted under a letter dated March 22, 1996, from 
the Secretary of the Pennsylvania Department of Environmental 
Protection.
    (B) Materials submitted under a letter dated June 27, 1996, from 
the Secretary of the Department of Environmental Protection.
    (C) Materials submitted under a letter of July 29, 1996, from the 
Secretary of the Department of Environmental Protection.
    (D) Materials submitted under a letter of November 1, 1996, from 
the Secretary of the Department of Environmental Protection.
    (E) Materials submitted under a letter of October 27, 1997, from 
the Secretary of the Department of Environmental Protection.
    (F) Materials submitted under a letter of February 24, 1998, from 
the Secretary of the Department of Environmental Protection.
    (G) Documents submitted by a letter dated August 21, 1998, from the 
Secretary of the Department of Environmental Protection.
    (H) Materials submitted by the Secretary of the Department of 
Environmental Protection, in a letter dated November 25, 1998, and 
amended by a letter dated March 3, 1999.
    3. In Section 52.2026, the introductory sentence is removed and 
paragraph (a) and paragraph (b) are removed and reserved.
[FR Doc. 99-15163 Filed 6-16-99; 8:45 am]
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