[Federal Register Volume 65, Number 33 (Thursday, February 17, 2000)]
[Proposed Rules]
[Pages 8097-8103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3473]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region 7 Tracking No. MO 096-1096;     FRL-6537-5]


Approval and Promulgation of Implementation Plans; State of 
Missouri; St. Louis Inspection and Maintenance (I/M) Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to approve revisions to the air pollution control 
State Implementation Plan (SIP) submitted by the State of Missouri. The 
revised SIP pertains to the St. Louis vehicle I/M program. These 
revisions require the implementation of a motor vehicle I/M program 
containing many of the features of an enhanced I/M program in the St. 
Louis metropolitan area, i.e., Jefferson, St. Louis, and St. Charles 
counties and St. Louis City. This proposal is being published to meet 
EPA's statutory obligation under the Clean Air Act (CAA or the Act).

DATES: Comments must be received on or before March 20, 2000.

ADDRESSES: All comments should be addressed to Leland Daniels at the 
Region 7 address. Copies of the state submittal are available at the 
following addresses for inspection during normal business hours: 
Environmental Protection Agency, Region 7, Air Planning and Development 
Branch, 901 North 5th Street, Kansas City, Kansas 66101; and the 
Environmental

[[Page 8098]]

Protection Agency, Air and Radiation Docket and Information Center, Air 
Docket (6102), 401 M Street, SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Lee Daniels at (913) 551-7651.

SUPPLEMENTARY INFORMATION:

I. What Is the Statutory Requirement?

    The CAA, as amended in 1990, requires that certain ozone 
nonattainment areas adopt either ``basic'' or ``enhanced'' I/M 
programs, depending on the severity of the problem and the population 
of the area. An I/M program is a way to check whether the emission 
control system on a vehicle is working correctly and to repair those 
that are not. All new passenger cars and trucks sold in the United 
States must meet stringent pollution standards, but they can only 
retain this low pollution profile if the emission controls and the 
engine are functioning properly. I/M is designed to ensure that 
vehicles stay clean in actual customer use. Through periodic vehicle 
checks and required repairs for vehicles which fail the test, I/M 
encourages proper vehicle maintenance and discourages tampering with 
emission control devices.
    Since the CAA's inception in 1970, Congress has directed EPA to set 
national ambient air quality standards for common air pollutants, one 
of which includes ozone. Under the CAA, these standards must be set at 
levels that protect public health and welfare with an adequate margin 
of safety and without consideration of cost. These standards provide 
information to the American people about whether the air in their 
community is healthful. Also, the standards present state and local 
governments with the targets they must meet to achieve clean air.
    Moderate ozone nonattainment areas, e.g., St. Louis, fall under the 
``basic'' I/M requirements. However, moderate areas such as St. Louis 
have the option of implementing an enhanced I/M program. The State of 
Missouri chose to implement an I/M program containing most of the 
features of an ``enhanced'' program in St. Louis as part of its overall 
plan for achieving emission reductions to attain the 1-hour ozone 
standard.

II. What Are the I/M Requirements?

    Missouri has developed its I/M program not only to meet the 
requirements of section 182(b)(4) of the CAA but also to meet the 
reasonable further progress requirements of section 182. Section 
182(b)(1) of the CAA requires states with nonattainment areas 
classified as moderate and above for ozone to develop a plan to reduce 
areawide volatile organic compound (VOC) emissions from a 1990 baseline 
by 15 percent. However, the Act prohibits credit toward the 15 percent 
reduction for correcting deficiencies in previously established basic 
I/M programs. Missouri decided to pursue an I/M program containing most 
of the features of an enhanced program to help the state meet the 15 
percent plan requirements.
    Section 182(a)(2)(B) of the Act directed EPA to publish updated 
guidance for state I/M programs, taking into consideration findings of 
EPA's audits and investigations of these programs. Based on these 
requirements, EPA promulgated I/M regulations on November 5, 1992 (57 
FR 52950), and has promulgated subsequent amendments, codified in 40 
Code of Federal Regulations (CFR) Part 51, Subpart S.
    The Federal I/M rule establishes minimum performance standards for 
basic and enhanced I/M programs. The I/M regulations include the 
following: network type and program evaluation; adequate tools and 
resources; test frequency and convenience; vehicle coverage; test 
procedures and standards; test equipment; quality control; waivers and 
compliance via diagnostic inspection; motorist compliance enforcement; 
motorist compliance enforcement program oversight; quality assurance; 
enforcement against contractors, stations, and inspectors; data 
collection; data analysis and reporting; inspector training and 
licensing or certification; public information and consumer protection; 
improving repair effectiveness; compliance with recall notices; and on-
road testing.
    The performance standard for basic I/M programs remains the same as 
it has been since the initial I/M policy was established in 1978, 
pursuant to the 1977 CAA Amendments.
    Although Missouri has submitted an I/M program containing most of 
the features of an enhanced program, EPA is proposing to act on the 
submittal with regard to compliance with the basic I/M requirements in 
section 182(b)(4) and 40 CFR Part 51, Subpart S, because those are the 
I/M requirements applicable to St. Louis. However, because the state 
has chosen to adopt an I/M program containing many features of an 
enhanced program so that additional emission reductions can be achieved 
and credit claimed as part of the 15% Rate-Of-Progress Plan and 
attainment demonstration, EPA's review also includes an analysis of the 
submission as it relates to requirements for enhanced I/M.

III. What Is the Background on Missouri's Program?

    On January 1, 1984, the State of Missouri implemented a basic motor 
vehicle I/M program in the St. Louis metropolitan area. The St. Louis 
program is currently decentralized and is jointly administered by the 
Missouri State Highway Patrol (MSHP) and the Missouri Department of 
Natural Resources (MDNR).
    EPA first audited the St. Louis, Missouri, I/M program in 1985. The 
audit found that the St. Louis I/M program experienced a significant 
shortfall in achieving the minimum required VOC emission reductions 
necessary for an acceptable basic I/M program. As a follow-up to the 
1985 audit, EPA conducted a second audit of the St. Louis I/M program 
in 1987. The follow-up audit showed that the state had not made 
sufficient progress toward improving the program. Based on the 
continued low failure rate, unrepresentative reporting on the tampering 
rate, and an excessive waiver rate, the I/M program again failed to 
achieve a level of emission reduction consistent with the minimum 
emission reduction requirement (MERR).
    Because the St. Louis I/M program did not meet the MERR, EPA 
requested the state to submit a corrective action plan (CAP) to correct 
the St. Louis I/M program deficiencies. As part of the CAP, Missouri 
implemented computerized BAR-90 (Bureau of Automotive Repair) type 
analyzers on December 1, 1990.
    EPA conducted an audit of the revised program during the week of 
August 24-28, 1992. Despite improvements following EPA's two previous 
audits, the St. Louis I/M program still had not shown a level of VOC 
emission reductions consistent with the MERR for a basic program. The 
I/M program is an important strategy toward achieving healthful air 
quality in St. Louis. To maximize progress toward that goal, the State 
of Missouri and EPA believed the most effective approach would be to 
implement a centralized, test-only program that includes high-tech 
testing.
    As discussed in EPA's I/M rule, states such as Missouri are 
required to submit a SIP, including a schedule, analysis, description, 
legal authority, and adequate evidence of funding and resources for 
program implementation discussed in 40 CFR 51.372 (a)(1)-(a)(8). The 
SIP must correct deficiencies in the preexisting program.
    In a letter dated November 10, 1999, to Dennis Grams, Regional

[[Page 8099]]

Administrator, Stephen Mahfood, MDNR Director, submitted a revised I/M 
program as an amendment to the SIP. This submittal revises the program 
which Missouri submitted in 1997, and which EPA proposed to 
conditionally approve in February 1999 (64 FR 9460, February 26, 1999). 
The submittal included the SIP revision and a number of attachments 
including the adopted state statute and regulation, the signed I/M 
contract, a Memorandum of Understanding with the MSHP, an interagency 
agreement with the Missouri Department of Revenue (MDOR),the I/M 
budget, modeling input and output files, sample calculations, a table 
showing the number of vehicles in the I/M program, procedures and 
specifications, a list of zip codes for the I/M program, the public 
education program, and an example of the MDOR contract with fee 
offices. As explained in more detail below, EPA is proposing action on 
the November 1999 submission.

IV. What Are the Regulatory Requirements and How Does the State's 
Plan Meet Those Requirements?

    As discussed above, sections 182(b)(4), 182(c)(3), 184(b)(1)(A), 
187(a)(6), and 187(b)(1) of the Act require that states adopt and 
implement regulations for a basic or an enhanced I/M program in certain 
areas. The following sections of this document summarize the 
requirements of the Federal I/M regulations and address whether the 
elements of the state's submittal comply with the Federal rule. The 
specific requirements for I/M plan submissions are in 40 CFR Part 51, 
Subpart S, and a list of required SIP elements are in 40 CFR 51.372. 
For a more detailed discussion of EPA's analysis, the reader should 
consult the technical support document (TSD) which can be obtained by 
contacting the EPA Regional Office noted above. EPA's decision for 
approval is based solely on the state's ability to meet the I/M 
requirements for a basic program.

Applicability--40 CFR 51.350--Part A and B of the SIP

    As required in the I/M rule, any area classified as moderate ozone 
nonattainment and not required to implement an enhanced I/M program 
shall implement a basic I/M program in any 1990 census-defined, 
urbanized area within the nonattainment area with a population of 
200,000 or more.
    The legal authority for the I/M program is contained in the 
Missouri Revised Statutes, Sections 643.300-643.355 and implementing 
regulations in Missouri rule 10 CSR 10-5.380. The statute defines the 
boundaries for the I/M program which include three counties in Missouri 
(Jefferson, St. Charles, and St. Louis) and St. Louis City.
    The state's submittal contains legal authority and regulations 
necessary to establish the program boundaries for the areas required by 
EPA's rule to be included in a basic IM program. Thus, this portion of 
the SIP is approvable. Missouri's program boundaries are also adequate 
to meet EPA's enhanced I/M program requirements.
    In addition, RSMo Section 307.366 provides authority for the state 
to implement a basic I/M program in Franklin County. The statute was 
amended during 1999 in Senate Bill 019 to give the residents of 
Franklin County the option of annual or biennial emission inspection 
cycle. The Missouri rule 11 CSR 50-2 has not been amended at this time.
    The state intends to extend the program to Franklin County and 
submit appropriate revisions to EPA.

I/M Performance Standard--40 CFR 51.351 and 51.352--Part C of the SIP

    Section 51.351 contains the performance standard for enhanced I/M 
programs, and 40 CFR 51.352 contains the performance standard for basic 
I/M programs. In accord with the Federal I/M rule, Missouri's I/M 
program is designed to meet or exceed the minimum basic performance 
standard, which is expressed as emission levels in areawide average 
grams per mile (gpm), for certain pollutants. The performance standards 
are established using local characteristics, such as vehicle mix and 
local fuel controls, and the following model I/M program parameters: 
network type, start date, test frequency, model year coverage, vehicle 
type coverage, exhaust emission test type, emission standards, emission 
control device inspections, evaporative system function checks (for the 
enhanced programs I/M performance standard), stringency, waiver rate, 
compliance rate, and evaluation date. The emission levels achieved by 
the state's program design are calculated using EPA's most current 
mobile source emission factor model (MOBILE5b) at the time of 
submittal. The program meets the high enhanced performance standard for 
VOCs and NOx for the applicable milestone dates. Therefore, this 
portion of the SIP meets the performance standard for an high enhanced 
I/M program which exceeds the requirements for a basic program and is 
approvable.

Network Type and Program Evaluation--40 CFR 51.353--Part D of the SIP

    Basic I/M programs can be centralized, decentralized, or a hybrid 
at the state's discretion. Missouri has the legal authority for and a 
contract in place to implement and operate a centralized, test-only 
network that meets the Federal requirements. By state statute, RSMo 
Section 643.310, no one operating or employed by an emission inspection 
station shall repair, diagnose, or maintain motor vehicle emission 
systems or pollution control devices for compensation of any kind. This 
portion of the SIP meets the Federal requirements relating to the 
network type.
    A state program is required to demonstrate that it achieves the 
same emission reductions as the model program described in the Federal 
rule (40 CFR 51.353) and submit a report every two years starting two 
years after the initial start date. The SIP shows the random evaluation 
program will monitor 0.1 percent of 1971 and later model year vehicles. 
The results will be incorporated into an annual report. The first 
report will be submitted to EPA two years after the start date and 
subsequent reports submitted annually by January 1. Therefore, the SIP 
is approvable with regard to the program evaluation requirements.

Adequate Tools and Resources--40 CFR 51.354--Part E of the SIP

    The Federal regulation requires Missouri to provide a description 
of the resources to be used in the program. The state must provide a 
detailed budget plan that describes the source of funds for personnel, 
program administration, program enforcement, and purchase of equipment. 
In addition, the SIP must include public education and assistance and 
funding for other necessary functions.
    The SIP includes a detailed budget plan that describes the source 
of funds for personnel, program administration, program enforcement, 
and purchase of equipment. The SIP also details the number of personnel 
dedicated to the quality assurance program, data analysis, program 
administration, enforcement, public education and assistance, and other 
necessary functions. The SIP meets the Federal requirements for 
evidence of adequate tools and resources under 40 CFR 51.372 and 
51.354.

Test Frequency and Convenience--40 CFR 51.355--Part F of the SIP

    The I/M performance standard assumes an annual test frequency;

[[Page 8100]]

however, other schedules may be approved if the performance standard is 
achieved. The Missouri legislation provides the legal authority to 
implement the biennial program. Missouri's I/M regulation provides for 
a biennial test frequency and provides for enforcement of the biennial 
test frequency. The Missouri submittal meets the performance standard. 
This portion of the SIP meets the Federal requirements.
    Although not required for a basic program, enhanced I/M programs 
shall be designed in such a way as to provide convenient service to 
motorists required to get their vehicles tested. To meet the enhanced 
requirements, the state must show that the network of stations is 
sufficient to ensure short waiting times, short driving distances, and 
regular testing hours. The state has ensured consumer convenience by 
both state law, rule and contract provisions regarding station 
location, accessibility, and operation; equipment availability and 
reliability; and wait time penalties. Therefore, this portion of the 
SIP meets the test frequency and convenience requirements for an 
enhanced I/M program which exceed the requirements for a basic program.

Vehicle Coverage--40 CFR 51.356--Part G of the SIP

    The performance standards for enhanced I/M programs assume coverage 
of all 1968 and later model year light-duty vehicles and light-duty 
trucks (LDT) up to 8500 pounds gross vehicle weight rating and includes 
vehicles operating on all fuel types. The standard for basic I/M 
programs does not include LDTs. Other levels of coverage may be 
approved if the necessary emission reductions are achieved. Missouri's 
submittal includes: legal authority necessary to implement and enforce 
program with respect to vehicles required to be covered in a basic and 
an enhanced program; a detailed description of the number and types of 
vehicles to be covered by the program; a plan for how those vehicles 
are identified, including vehicles that are routinely operated in the 
area but may not be registered in the area; a description of any 
special exemptions.
    In addition, the I/M rule and the implementing contract provide for 
an alternative to the emissions inspection for up to 40 percent of the 
motor vehicles. This provision includes the statutory exemption for the 
most recent two model year vehicles. Other vehicles that are checked 
and pass a remote-sensing, clean-screening test twice during a year do 
not have to have the emission inspection. To reach the 40 percent goal, 
additional remote-sensing, clean-screening testing, additional model 
year exemption, or the use of vehicle profiling may be used.
    Missouri is authorized in its enabling legislation to impose fleet-
testing requirements. Fleet testing will be conducted at official test-
only stations. The state's plan for testing fleet vehicles is 
acceptable and meets the requirements of the Federal I/M regulation. 
EPA is in the process of revising the regulatory requirements 
applicable to federal fleets. After EPA revises its rule, the state may 
need to revise its SIP to reflect the Federal revisions.
    This level of coverage is approvable as it meets the requirements 
for an enhanced I/M program which exceed the requirements for a basic 
program. In addition, Missouri has legal authority to implement fleet-
testing requirements and to implement requirements for special 
exemptions. Therefore, this portion of the SIP is approvable as it 
meets the requirements for a basic and an enhanced I/M program.

Test Procedures and Standards--40 CFR 51.357--Part H of the SIP

    The Federal rule requires Missouri to have written test procedures 
and pass/fail standards to be established and followed for each model 
year and vehicle type included in the program. Test procedures and 
standards are detailed in 40 CFR 51.357 and in the EPA document 
entitled ``IM 240 & Evap Technical Guidance,'' EPA-AA-RSPD-IM-98-1, 
dated August 1998.
    The state's I/M regulation, Missouri rule 10 CSR 10-5.380, includes 
a description of the test procedures for a transient, idle, evaporative 
system purge; evaporative system pressure testing; on-board diagnostic 
(OBD) checks, and for a visual emission control device inspection. The 
checks of the OBD system will begin no later than January 1, 2001. 
These test procedures conform to EPA-approved test procedures and are 
approvable. The state I/M regulation establishes pass/fail exhaust 
standards (hydrocarbons, carbon monoxide, carbon dioxide, and oxides of 
nitrogen) and test procedures for each applicable model year and 
vehicle type. The exhaust standards adopted by the state conform to 
EPA-established standards and are approvable. Initial exhaust standards 
will be in effect for the first two years and the final standards will 
start April 5, 2002. This portion of the SIP is approvable.

Test Equipment--40 CFR 51.358--Part I of the SIP

    As required by Federal rule, the state submittal contains the 
written technical specifications for all test equipment to be used in 
the program. The specifications require the use of computerized test 
systems. The specifications also include performance features and 
functional characteristics of the computerized test systems that meet 
the applicable Federal I/M regulations and are approvable. The SIP 
meets the requirements of this section.

Quality Control--40 CFR 51.359--Part J of the SIP

    The Federal rule requires that quality control measures shall 
insure that emission measurements equipment is calibrated and 
maintained properly, and that inspection, calibration records, and 
control charts are accurately created, recorded, and maintained. In 
accordance with these requirements, the state's I/M rule and contract 
address the quality control provisions by providing: quality control 
standards and criteria for all test equipment; procedures and 
specifications for the calibration and maintenance of all test 
equipment; procedures manual for station operations, lane operators, 
waiver inspector's and station manager's computer handbook, host 
computer manual, and station installation manual; recordkeeping 
requirements for equipment maintenance and calibration records, 
emissions test data, and vehicle repair records; document security 
measures for inspection result forms, emission inspection certificates 
of compliance, and emission inspection stickers; and maintenance of an 
audit trail.
    This portion of the submittal complies with the quality control 
requirements set forth in the Federal I/M regulation and is approvable.

Waivers and Compliance via Diagnostic Inspection--40 CFR 51.360--Part K 
of the SIP

    The Federal I/M regulation allows for the issuance of a waiver, 
which is a form of compliance with the program requirements, that 
permits a motorist to comply without meeting the applicable test 
standards. For enhanced I/M programs, an expenditure of at least $450 
in repairs, adjusted annually to reflect the change in the Consumer 
Price Index (CPI) as compared with the CPI for 1989, is required to 
qualify for a waiver. For the basic program the minimum expenditure is 
$75 for pre-1981 vehicles and $200 for 1981 and newer vehicles.

[[Page 8101]]

    As required, RSMo 643.335 provides legislative authority to issue 
waivers, set and adjust cost limits, and administer and enforce the 
waiver system. The Missouri legislation set a $75 waiver cost limit for 
1980 and older model year vehicles, a $200 waiver cost limit for 1981 
to 1996 model year vehicles, and $450 waiver cost limits for 1997 and 
newer model year vehicles. The state statute allows these amounts to be 
adjusted for inflation after January 1, 2001, consistent with an 
enhanced I/M program. Waivers will be issued for vehicles that do not 
pass the emission inspection, provided the minimum dollar amount was 
spent for repairs. The repair record must show that the repair 
expenditures were not covered by either a recall or manufacturer 
warranty, and that parts costs and labor costs of recognized 
technicians total the minimum applicable amount for the model year of 
the vehicle. However, because Missouri is subject to the basic program 
requirements, it is only required to meet or exceed the basic I/M 
requirements of a minimum of $75 for pre-1981 vehicles and $200 for 
1981 and newer vehicles. The SIP meets this portion of the regulation 
and is acceptable.

Motorist Compliance Enforcement--40 CFR 51.361--Part L of the SIP

    The Federal regulation requires that compliance will be ensured 
through the denial of motor vehicle registration in enhanced I/M 
programs unless an exception for use of an existing alternative is 
approved. A basic I/M area may use an alternative enforcement mechanism 
if it demonstrates that the alternative will be as effective as 
registration denial.
    To register a vehicle subject to the I/M requirements, the MDOR by 
rule, 12 CSR 10-23.170, requires an owner to present an original, 
current certificate of emissions inspection no older than 60 days. 
Thus, the enforcement method used is registration denial. The Missouri 
SIP commits to a compliance rate of 96 percent which was used in the 
performance standard modeling demonstration and is approvable. The 
submittal includes detailed information concerning the registration 
denial enforcement process, the identification of agencies responsible 
for performing each applicable activity, and a plan for testing fleet 
vehicles. Therefore, this portion of the SIP is approvable.

Motorist Compliance Enforcement Program Oversight--40 CFR 51.362--Part 
M of the SIP

    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 ensure the effective overall performance of 
the enforcement system. An information management system shall be 
established which will characterize, evaluate and enforce the program.
    In accord with Federal regulation, Missouri's SIP includes 
regulations and descriptions of procedural manuals and supporting 
documents describing how the enforcement program oversight will be 
quality-controlled and quality-assured and includes the establishment 
of an information management system. Therefore, this portion of the SIP 
is approvable.

Quality Assurance--40 CFR 51.363--Part N of the SIP

    An ongoing quality assurance program must 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 Missouri submittal includes a quality assurance program that 
includes quality control and quality assurance procedures describing 
methods for reviewing inspector records, performing equipment audits, 
and providing formal training to all state enforcement officials. 
Performance audits of inspectors and stations will consist of both 
covert and overt audits. Reports will be provided weekly, monthly, 
quarterly, and annually. In addition, an annual independent audit by a 
third party will be performed. The SIP meets the requirements of this 
section.

Enforcement Against Contractors, Stations, and Inspectors--40 CFR 
51.364--Part O of the SIP

    The EPA regulation requires that enforcement against stations, 
contractors, and inspectors shall include swift, sure, effective, and 
consistent penalties for violation of program requirements. 
Implementation and operation of Missouri's centralized program is done 
by one contractor. Enforcement of violations performed by the 
contractor, station, or contractor employee is through provisions of 
the contract. The contract includes appropriate penalty provisions and 
includes recordkeeping and enforcement procedures. The SIP meets the 
requirements of this section.

Data Collection--40 CFR 51.365--Part P of the SIP

    Accurate data collection is essential to the management, 
evaluation, and enforcement of an I/M program. 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, as required under 40 CFR 51.359. The SIP provides a 
commitment to gather, maintain, summarize, and report all of the data 
requirements and has listed all the data which will be collected. The 
contract details the functions the contractor will fulfill and 
specifies the data to be collected and the record storage format. This 
test data and quality control will be maintained and summarized by 
MDNR. The SIP meets the requirements of this section.

Data Analysis and Reporting--40 CFR 51.366--Part Q of the SIP

    Data analysis and reporting are required to allow for monitoring 
and evaluating the program by the state and EPA. The Federal I/M 
regulation requires annual reports to be submitted which 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 and will 
provide statistics during January to December of the previous year. A 
biennial report will be submitted to EPA that addresses changes in 
program design, regulations, legal authority, program procedures, and 
any weaknesses in the program found during the two-year period and how 
these problems will be or were corrected.
    The state has committed to meet all of the data analysis and 
reporting requirements of this section. The contract specifies the data 
analysis and reporting the contractor will fulfill. The state commits 
to submit the reports to EPA as required. The SIP meets the 
requirements of this section.

Inspector Training and Licensing or Certification--40 CFR 51.367--Part 
R of the SIP

    The Federal I/M regulation requires all inspectors to be formally 
trained and licensed or certified to perform inspections.
    The SIP states that all inspectors are to receive formal training, 
lists the curricula, sets the minimum examination requirements and 
states that inspectors must be reexamined

[[Page 8102]]

every two years. The curricula and certification examinations will be 
approved by the state. The contractor will conduct the training and 
certification examination. The SIP meets the requirements of this 
section.

Public Information and Consumer Protection--40 CFR 51.368--Part S of 
the SIP

    The Federal I/M regulation requires the SIP to include public 
information and consumer protection programs.
    The state has committed to conduct public information and consumer 
protection programs. The contract specifies and lists the activities 
the contractor will perform to provide information to the public. It 
also specifies the minimum amount of funds to be spent during the life 
of the contract for public information. Both the state and the 
contractor will aid motorist to obtain warranty covered repairs 
whenever a vehicle fails a test. The state will also have a Quality 
Assurance Facility available to motorists so they can challenge the 
results of their inspection and report fraud and abuse by inspectors. 
The state has committed to following up and responding to complaints 
made by the motorist and the public.
    A whistle blower protection component is included in the contract. 
In addition, state employees are protected from repercussions by a 
whistle blower statute, RSMo Section 105.055. These portions of the SIP 
submittal meet the requirements of this section.

Improving Repair Effectiveness--40 CFR 51.369--Part T of the SIP

    Effective repair work is 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 
must include a description of the technical assistance program; in 
enhanced areas, a description of the procedures and criteria to be used 
in meeting the performance monitoring requirements; and a description 
of the technician training resources available in the community.
    Training is required for state-recognized repair technicians and 
will be provided by non-profit and for-profit schools as well as 
independent trainers. The state will review and approve courses and set 
criteria for course curricula and number of class hours. The contractor 
will provide a telephone information service line to help the repair 
industry identify and repair emission problems. The state will use a 
newsletter to provide information and assistance related to the program 
and vehicle repair.
    The motorist must present a completed repair data sheet prior to 
the vehicle being retested. The sheet will include information on the 
types of repairs performed, repair costs, and the name of the repair 
facility. This information together with the results from the retest 
will be used to evaluate the effectiveness of the repair industry. An 
annual report will be prepared by the contractor. These portions of the 
SIP submittal meet the requirements of this section.

Compliance with Recall Notices--40 CFR 51.370--Part U of the SIP

    The CAA and Federal regulation require states subject to the 
enhanced I/M requirements to establish methods to ensure that vehicles 
that have been recalled for emission-related repairs do receive the 
repair prior to completing the emission test and/or renewing the 
vehicle registration.
    The Missouri I/M regulation requires owners to comply with 
emission-related recalls before completing the emission test or 
renewing the vehicle registration. The contractor will maintain a 
database of vehicles that have been recalled and can identify them at 
the test station. Those that have obtained the needed repairs can 
complete the inspection. The submittal includes a commitment to submit 
an annual report to EPA that includes the information as required. 
Therefore, this portion of the SIP meets the requirements for an 
enhanced I/M program which exceed the requirements for a basic program.

On-Road Testing--40 CFR 51.371--Part V of the SIP

    On-road testing is required in enhanced I/M areas and is an option 
for basic areas. The on-road testing program shall provide information 
about the emission performance of in-use vehicles. The use of either 
remote sensing devices (RSD) or roadside pullovers where tailpipe 
emission testing is done can be used to meet the Federal regulations. 
The program must include on-road testing of 0.5 percent of the vehicles 
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 another emission test.
    Enabling authority to implement the on-road testing program and 
enforce off-cycle inspection and repair requirements is contained in 
Missouri's legislation. The contractor will use RSD to test 0.5 percent 
of the vehicles in the I/M program area. The contract contains a 
description of the program and methods of collecting, analyzing, and 
reporting data. The state plans to select test limits and perform on-
road testing. The on-road testing requirements are optional for basic 
programs. Therefore, this is not relevant to EPA's proposed action with 
respect to the basic I/M requirement.

State Implementation Plan Submissions--40 CFR 51.372 and Part 51, 
Subpart F

    States such as Missouri are required to submit a SIP, including a 
schedule, analysis, description, legal authority, and adequate evidence 
of funding and resources for program implementation as discussed in 
EPA's I/M rule. The Federal regulation lists a number of elements that 
the submittal shall include such as the statutory authority and 
regulations, specifications and procedures, licensing or certification 
of station inspectors, date mandatory testing will begin, date full-
stringency cutpoints will take effect, an analysis showing the 
performance standard is met, a description of the geographic coverage 
of the program, a discussion of the design elements including 
provisions for Federal facility compliance, and adequate funding. 
Although the state's submission was not made in the time frames called 
for in 40 CFR 51.372 (a schedule by November 15, 1992, and a complete 
program by November 15, 1993), the submittal has addressed the 
requirements of that section as described above. Missouri's efforts to 
develop the I/M program are described in more detail in the TSD. The 
lateness of this submittal does not effect the approvability of the 
program.
    For the I/M rule, MDNR provided a 30-day public comment period and 
held a public hearing before the Missouri Air Conservation Commission 
(MACC) on September 23, 1999. The revision was adopted by the MACC on 
October 28, 1999, and became effective on December 30, 1999. MDNR 
followed all applicable administrative procedures in proposing and 
adopting the rule revisions.
    In addition, MDNR complied with the requirements of 40 CFR Part 51, 
Appendix V, for SIP submittals. Missouri has met all the applicable 
requirements for a SIP revision.
    On February 26, 1999, at 64 FR 9460, EPA proposed conditional 
approval of a prior submittal of Missouri's I/M SIP. As discussed 
above, Missouri submitted a revised final I/M SIP to EPA on November 
12, 1999, which is the subject of today's action. The submission 
revises and replaces the submission on which EPA based its February 26, 
1999,

[[Page 8103]]

proposal. Commenters on the February 26, 1999, proposal are encouraged 
to resubmit comments in light of this reproposal. EPA intends to 
address only those comments which are relevant to this reproposal. 
Anyone wishing to submit comments should do so during the comment 
period established by today's notice.

Implementation Deadline--40 CFR 51.373

    The SIP commits to starting the I/M program on April 5, 2000. 
Before testing can begin, a number of tasks, as described in the SIP 
submittal and the EPA TSD, must be completed. They include the 
acquisition of the sites, construction of the test stations, purchase 
and installation of equipment, writing computer programs, writing 
procedure manuals, and hiring and training employees. Missouri and its 
contractor are in the process of completing these tasks. Although EPA 
regulations call for earlier start dates for I/M programs, EPA believes 
that the start date of April 5, 2000, is as expeditious as practicable 
and that the program is not deficient because of the April 5, 2000, 
start date. It is EPA policy that once the start date in the 
regulations has passed, SIPs are approvable if the program starts as 
expeditiously as practicable. EPA anticipates that it will not be 
taking final action on this proposal prior to the projected start date.

V. What is EPA's Conclusion and Proposed Action?

    EPA's review of the material submitted indicates that the state has 
adopted an I/M program in accordance with the requirements of the Act 
and the Federal rule. EPA is proposing to approve the Missouri SIP 
revision for the St. Louis I/M program which was submitted on November 
12, 1999. EPA solicits comments on this proposed action. Final 
rulemaking will occur after consideration of any comments. EPA 
anticipates that it will not take final action until after the April 5, 
2000, start date. Therefore, EPA is not proposing conditional approval 
based on the start date.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. This proposed action merely approves state law as meeting 
Federal requirements and imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this proposed rule will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve 
preexisting requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4). For the same reason, this proposed rule also does 
not significantly or uniquely affect the communities of tribal 
governments, as specified by Executive Order 13084 (63 FR 27655, May 
10, 1998). This proposed rule will not have substantial direct effects 
on the 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 13132 
(64 FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This proposed rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the state 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
proposed rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the Executive Order. 
This proposed rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).

List of Subjects 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: February 7, 2000.
Dennis Grams,
Regional Administrator, Region 7.
[FR Doc. 00-3473 Filed 2-16-00; 8:45 am]
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