[Federal Register Volume 64, Number 189 (Thursday, September 30, 1999)]
[Rules and Regulations]
[Pages 52657-52660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25424]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE039-1026; FRL-6449-2]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Enhanced Motor Vehicle Inspection and Maintenance (I/M)
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware. This revision establishes and
requires the implementation of an enhanced motor vehicle inspection and
maintenance
(I/M) program in the counties of Kent and New Castle. The intended
effect of this action is to approve the Delaware enhanced motor vehicle
I/M program as a SIP revision under the Clean Air Act (the Act).
EFFECTIVE DATE: This final rule is effective on November 1, 1999.
ADDRESSES: 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; and Delaware
Department of Natural Resources & Environmental Control, 89 Kings
Highway, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Jill Webster, (215) 814-2033, or by e-
mail at Webster.J[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On July 7, 1999 (64 FR 36635), EPA published a notice of proposed
rulemaking (NPR) for the State of Delaware. The NPR proposed approval
of revisions to the SIP for an enhanced motor vehicle I/M program. The
formal SIP revision was submitted by the Delaware Department of Natural
Resources and Environmental Control (DNREC) on June 16, 1998 and
additional revisions were submitted on May 24, 1999. A description of
Delaware's submittals and EPA's rationale for our proposed action were
presented in the NPR and will not be restated here. No public comments
were received on the NPR.
Additionally, EPA is not requiring the State of Delaware to
implement section 40 CFR 51.356 (a)(4) dealing with federal
installations within I/M areas at this time. The Department of Justice
has recommended to EPA that these provisions of the federal I/M
regulation be revised since it appears to grant states authority to
regulate federal installations in circumstances where the federal
government has not waived sovereign immunity. Federally owned vehicles
operated in Delaware are required to meet the same requirements as
Delaware registered vehicles, but it would not be appropriate to
require compliance with this regulation if it is not constitutionally
authorized. EPA will be revising these provisions in the future. EPA
will review state I/M SIPs with respect to this issue when the revised
rule is final. EPA is neither approving nor disapproving requirements
which apply to federal facilities at this time.
EPA believes that approval of Delaware's I/M program was
sufficiently proposed in the rulemaking process and that omitting its
requirements pursuant to section 40 CFR 51.356(a)(4) from this approval
would not warrant further comment, because responsibility for
compliance with those requirements rests with the Federal government.
For this reason, EPA invokes the ``good cause'' clause of the
Administrative Procedure Act section 553(b)(B) to make this change in
this final notice. It would be contrary to the public interest to take
final action on these provisions which may be unconstitutional and
which EPA is currently revising.
II. Final Action
EPA is approving Delaware's low enhanced I/M program as a revision
to the Delaware SIP, with the exception of its provisions for federal
facilities.
III. Administrative Requirements
A. Executive Orders 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 Orders on Federalism
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon
[[Page 52658]]
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.
On August 4, 1999, President Clinton issued a new executive order
on federalism, Executive Order 13132, (64 FR 43255 (August 10, 1999),
which will take effect on November 2, 1999. In the interim, the current
Executive Order 12612, (52 FR 41685 (October 30, 1987), on federalism
still applies. This rule will not have a substantial direct effect on
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 12612.
The rule affects only one State, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act.
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).
[[Page 52659]]
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 November 29, 1999. Filing a
petition for reconsideration by the Administrator of this final rule to
approve the Delaware 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Dated: September 20, 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 I--Delaware
2. In Section 52.420, the table in paragraph (c) entitled ``EPA-
Approved Regulations in the Delaware SIP'' is amended by revising the
entry for Regulation 26--Motor Vehicle Emissions Inspections Program,
and adding an entry for Regulation 31--Low Enhanced Inspection and
Maintenance Program.
Sec. 52.420 Identification of plan.
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(c) EPA approved regulations.
EPA-Approved Regulations in the Delaware SIP
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State
State citation Title subject effective EPA approval date Comments
date
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Regulation 26 MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM
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Section 1................... Applicability and 4/1/90 1/06/92.................... Regulation 26
Definitions. 57 FR 351.................. provisions
apply to Sussex
County only,
effective
November 1,
1999.
Section 2................... General Provisions.... 4/1/90 1/06/92....................
57 FR 351..................
Section 3................... Registration 5/9/85 12/08/86................... ................
Requirement. 51 FR 44068................
Section 4................... Exemptions............ 4/1/90 01/06/92................... ................
57 FR 351..................
Section 5................... Enforcement........... 7/6/82 10/17/83................... ................
48 FR 46986................
Section 6................... Compliance, Waivers, 4/1/90 01/06/92................... ................
Extensions of Time, 57 FR 351..................
and Repairs.
Section 7................... Inspection Facility 7/6/82 10/17/83................... ................
Requirements. 48 FR 46986................
Section 8................... Certification of Motor 7/6/82 10/17/83................... ................
Vehicle Officers. 48 FR 46986................
Section 9................... Calibration and Test 7/6/82 10/17/83................... ................
Procedures and 48 FR 46986................
Approved Equipment.
Technical Memorandum 1...... Motor Vehicle 4/1/90 01/06/92................... ................
Inspection and 57 FR 351..................
Maintenance Program
Vehicle Test
Procedure and Machine
Calibration.
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Regulation 31 Low Enhanced Inspection and Maintenance Program
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Section 1................... Applicability......... 8/13/98 9/30/99.................... Provisions apply
to New Castle
and Kent
Counties
Section 2................... Low Enhanced I/M 8/13/98 9/30/99.................... ................
performance standard.
Section 3................... Network type and 6/11/99 9/30/99.................... ................
program evaluation.
Section 4................... Test Frequency and 6/11/99 9/30/99.................... ................
Convenience.
Section 5................... Vehicle Coverage- 6/11/99 9/30/99.................... ................
except paragraph (4)
which applies to
federal facilities.
Section 6................... Test Procedures and 6/11/99 9/30/99.................... ................
Standards.
Section 7................... Waivers and Compliance 8/13/98 9/30/99.................... ................
Via Diagnostic
Inspection.
Section 8................... Motorist Compliance 8/13/98 9/30/99.................... ................
Enforcement.
Section 9................... Enforcement Against 8/13/98 9/30/99.................... ................
Operators and Motor
Vehicle Technicians.
Section 10.................. Improving Repair 8/13/98 9/30/99.................... ................
Effectiveness.
Section 11.................. Compliance with Recall 8/13/98 9/30/99.................... ................
Notices.
Section 12.................. On-Road Testing....... 8/13/98 9/30/99.................... ................
[[Page 52660]]
Section 13.................. Implementation 6/11/99 9/30/99.................... ................
Deadlines.
Appendix 1(d)............... Commitment to Extend 8/13/98 9/30/99.................... ................
the I/M Program to
the Attainment Date
Letter from Secretary
Tulou to EPA
Administrator, W.
Michael McCabe.
Appendix 3 (a)(7)........... Exhaust Emission 8/13/98 9/30/99.................... ................
Limits According to
Model Year.
Appendix 3(c)(2)............ VMASTM Test Procedure. 6/11/99 9/30/99.................... ................
Appendix 4(a)............... Sections from Delaware 8/13/98 9/30/99.................... ................
Criminal and Traffic
Law Manual.
Appendix 5(a)............... Division of Motor 8/13/98 9/30/99.................... ................
Vehicles Policy on
Out-of-State Renewals.
Appendix 5(f)............... Clean Screening 6/11/99 9/30/99.................... ................
Vehicle Exemption.
Appendix 6(a)............... Idle Emissions Test 6/11/99 9/30/99.................... ................
Procedures.
Appendix 6(a)(5)............ Vehicle Emission 8/13/98 9/30/99.................... ................
Repair Report Form.
Appendix 6(a)(8)............ Evaporative System 8/13/98 9/30/99.................... ................
Integrity (Pressure)
Test.
Appendix 7(a)............... Emission Repair 8/13/98 9/30/99.................... ................
Technician
Certification Process.
Appendix 8(a)............... Registration Denial 8/13/98 9/30/99.................... ................
System Requirements
Definition.
Appendix 9(a)............... Enforcement Against 8/13/98 9/30/99.................... ................
Operators and
Inspectors.
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*
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Sec. 52.424 [Amended]
3. In section 52.424, paragraph (b) is removed and reserved.
[FR Doc. 99-25424 Filed 9-29-99; 8:45 am]
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