[Federal Register Volume 65, Number 209 (Friday, October 27, 2000)]
[Rules and Regulations]
[Pages 64357-64360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27655]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CT-25-7223a; A-1-FRL-6891-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; Enhanced Motor Vehicle Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: We are converting our limited approval under the Clean Air Act 
of the State of Connecticut's State Implementation Plan (SIP) revision 
for an enhanced vehicle inspection and maintenance (I/M) program, which 
was granted on March 10, 1999 (64 FR 12005), to a full approval. In our 
March 10, 1999 limited approval, we said Connecticut needed to submit 
revisions to its SIP to address eight sections of EPA's enhanced I/M 
regulation for full approval. We have determined that on November 16, 
1999 Connecticut submitted revisions that meet all of the conditions 
for full approval. The intent of this action is to convert our limited 
approval of Connecticut's enhanced vehicle I/M program SIP to a full 
approval.

DATES: This direct final rule is effective on December 26, 2000 without 
further notice, unless EPA receives relevant adverse comment by 
November 27, 2000. If adverse comment is received, EPA 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: Comments may be mailed to David Conroy, Unit Manager, Air 
Quality Planning, Office of Ecosystem Protection (mail code CAQ), 
Environmental Protection Agency, EPA-New England, One Congress Street, 
Suite 1100, Boston, MA 02114-2023. Copies of the State submittal and 
EPA's technical support document are available for public inspection 
during normal business hours, by appointment at the Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA-New England, One 
Congress Street, 11th floor, Boston, MA and the Bureau of Air 
Management, Department of Environmental Protection, State Office 
Building, 79 Elm Street, Hartford, CT 06106-1630.

FOR FURTHER INFORMATION CONTACT: Peter Hagerty, (617) 918-1049.

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

I. What action Is EPA taking today?
II. What Connecticut SIP revision is the topic of this action?
III. What were the requirements for full approval of the Connecticut 
program?
IV. How did Connecticut fulfill these requirements for full 
approval?
V. EPA Action
VI. Administrative Requirements

I. What Action Is EPA Taking Today?

    In this action, we are converting our limited approval of 
Connecticut's I/M program as a revision to the SIP to a full approval.

II. What Connecticut SIP Revision Is the Topic of This Action?

    This notice deals with a revision to the State of Connecticut's 
Clean Air Act SIP submitted by the State of Connecticut on November 16, 
1999 for certain program elements necessary to complete the enhanced 
vehicle inspection and maintenance (I/M) program. Today we are acting 
only upon this November 16, 1999 submittal to determine that 
Connecticut submitted revisions meeting all of the conditions necessary 
to convert the limited approval of the enhanced I/M plan to a full 
approval. In so doing we are not reopening our March 10, 1999 final 
rulemaking granting limited approval of Connecticut's enhanced I/M SIP 
submitted on June 24, 1998, as supplemented on November 13, 1998.

[[Page 64358]]

III. What Were the Requirements for Full Approval of the 
Connecticut Program?

    Approval of Connecticut's I/M program SIP required submission of 
information to meet the requirements of the following sections of the 
regulations: Network Type and Program Evaluation--40 CFR 51.353; 
Waivers and Compliance Via Diagnostic Inspection--40 CFR 51.360; 
Motorist Compliance Enforcement Program Oversight--40 CFR 51.362; 
Quality Assurance--40 CFR 51.363; Enforcement Against Contractors, 
Stations and Inspectors--40 CFR 51.364; Public Information and Consumer 
Protection--40 CFR 51.368; Compliance with Recall Notices--40 CFR 
51.370; and On-road Testing--40 CFR 51.371.

IV. How Did Connecticut Fulfill These Requirements for Full 
Approval?

    On November 16, 1999, Connecticut submitted revisions to its 
enhanced I/M SIP to EPA in order to correct conditions for full 
approval. The following is a description of the measures which 
Connecticut has submitted to meet each of the deficient areas described 
in the March 10, 1999 limited approval.
    1. Network Type and Program Evaluation--40 CFR 51.353--Connecticut 
will utilize the NYTEST test performed on 1100 randomly selected 
vehicles in the test lanes. This is an acceptable option for program 
evaluation testing as explained in Inspection and Maintenance Program 
Evaluation Methodologies (EPA420-S-98-015). The legal authority for 
program evaluation is in Section 14-164c(e)(C) and Section 164h(a) and 
(b) of the Connecticut General Statutes. This section of the SIP now 
meets the requirements of EPA's I/M rule.
    2. Waivers and Compliance Via Diagnostic Inspection--40 CFR 
51.360--Connecticut has submitted revised regulation Section 14-164c-
11a, entitled ``Emissions Repairs Expenditure Requirements to Receive 
Waiver,'' requiring a $450 expenditure for a waiver starting in January 
2000, and $450 adjusted each year for the cost of living beginning in 
January 2001. This regulation was effective on June 24, 1999. This 
section of the SIP now meets the requirements of EPA's I/M rule.
    3. Motorist Compliance Enforcement Program Oversight--40 CFR 
51.362--Exhibit 3 of the November 16, 1999 SIP submittal describes in 
detail an enforcement oversight program meeting the requirements of 
this section. The legal authority for this aspect of the program is at 
Section 14-164c(j) of the Connecticut General Satutes. This section of 
the SIP now meets the requirements of EPA's I/M rule.
    4. Quality Assurance--40 CFR 51.363--The state has submitted the 
needed procedures manuals in Exhibit 4 of the November 16, 1999 
submittal. This section of the SIP now meets the requirements of EPA's 
I/M rule.
    5. Enforcement Against Contractors, Stations and Inspectors--40 CFR 
51.364--Exhibit 5 of the November 16, 1999 submittal contains a 
description of enforcement authority Connecticut has over the 
contractor that is operating the I/M program. Essentially, Connecticut 
can hold the contractor liable under the contract for monetary 
penalties for violations of the contract and the contract provides for 
disbarment of inspectors upon a finding of program violations or 
incompetence. The submittal also includes Connecticut Regulations 
pertaining to disciplinary and termination action with respect to state 
of Connecticut employees: Regulation 5-240-1.--Suspension.; Regulation 
5-240-2.--Demotion.; and Regulation 5-240-3.--Dismissal. This section 
of the SIP now meets the requirements of EPA's I/M rule.
    6. Public Information and Consumer Protection--40 CFR 51.368--
Connecticut has submitted additional material in Exhibit 6 of the 
November 16, 1999. With this supplementary material the SIP meets all 
requirements of this section of EPA's I/M Rule.
    7. Compliance with Recall Notices--40 CFR 51.370--Connecticut has 
provided in Exhibit 7 of the November 16, 1999 submittal an agreement 
with the contractor to enforce compliance with all recall notices prior 
to completing the next inspection. This agreement is adequate to meet 
the requirements of EPA's I/M rule.
    8. On-road Testing--40 CFR 51.371--Connecticut has submitted a 
detailed description of remote sensing program screening 5500 vehicles 
per year. Legal authority for this program is at Section 14-164c(f) of 
the Connecticut General Statutes. When the March 10, 1999 limited 
approval was granted, states were required to have as part of the off-
road testing program a requirement that vehicles which exceeded 
standards for this program be subjected to an out-of-cycle I/M test. 
However, the I/M flexibility rule EPA published in the Federal Register 
on July 24, 2000 (65 FR 45526) allows states to develop on-road testing 
programs that do not mandate out-of-cycle testing and repair. With this 
change to EPA's I/M rule, the Connecticut program meets the 
requirements of this section.
    EPA's review of this material indicates that Connecticut has 
corrected all of the deficiencies with regard to I/M as described in 
the March 10, 1999 limited approval of the program.

V. EPA Action

    EPA is converting its limited approval of Connecticut's enhanced I/
M program to a full approval. An extensive discussion of Connecticut's 
enhanced I/M program and our rationale for our limited approval action 
was provided in the previous final rule for the Connecticut enhanced I/
M program published on March 10, 1999 (see 64 FR 12005). This action to 
convert our limited approval to a full approval is being published 
without prior proposal because we view this as a noncontroversial 
amendment and because we anticipate no adverse comments. In a separate 
document in the ``Proposed Rules'' section of this Federal Register 
publication, we are proposing to convert our limited approval of 
Connecticut's enhanced I/M program SIP revision to a full approval if 
relevant adverse comments are filed. This action will be effective 
without further notice unless we receive relevant adverse comment by 
November 27, 2000. If we receive such comment, we will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. We will address all public comments in a 
subsequent final rule based on the proposed rule. Any parties 
interested in commenting must do so at this time. If no such comments 
are received by November 27, 2000, you are advised that this action 
will be effective on December 26, 2000. You should send comments to the 
EPA-New England office listed in the Addresses section of this notice.

VI. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This 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 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 approves pre-existing 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

[[Page 64359]]

uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
this 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 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 Clean Air Act. This 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 Clean Air Act. 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 Clean Air Act. 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 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 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.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2).
    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 December 26, 2000. EPA 
encourages interested parties to comment in response to the proposed 
rule rather than petition for judicial review, unless the objection 
arises after the comment period allowed for in the proposal. 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and record keeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 19, 2000.
Mindy S. Lubber,
Regional Administrator, EPA-New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart H--Connecticut


Sec. 52.369  [Removed]

    2. Section 52.369 is removed and reserved to read as follows:.

    3. Section 52.370 is amended by adding paragraph (c)(89) to read as 
follows:


Sec. 52.370  Identification of plan.

* * * * *
    (c) * * *
    (89) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on November 16, 
1999.
    (i) Incorporation by reference.
    (A) Subsection (b) of Section 14-164c-11a of the Regulations of 
Connecticut State Agencies Concerning Emissions Repairs Expenditure 
Requirement to Receive Waiver, adopted and effective June 24, 1999.
    (ii) Additional materials.
    (A) Letter from Connecticut Department of Environmental Protection 
dated November 19, 1999 submitting a revision to the Connecticut State 
Implementation Plan.
    (B) Narrative portion of the Revision to State Implementation Plan 
for Enhanced Motor Vehicle Inspection and Maintenance Program, dated 
October 7, 1999.

    4. In Sec. 52.385, Table 52.385 is amended by removing entries 
``22a-174-27'' and ``14-164c'' and adding new entries in their place to 
read as follows:


Sec. 52.385--EPA-approved  Connecticut Regulations.

* * * * *

[[Page 64360]]



                                                         Table 52.385.--EPA-Approved Regulations
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                                                                                                               Federal
   Connecticut state citation        Title/subject          Dates       Date adopted    Date  approved by      Register      Section 52.370     Comments/
                                                                          by State             EPA             citation                        description
--------------------------------------------------------------------------------------------------------------------------------------------- -------------
 
                   *                  *                  *                  *                  *                  *                  *
22a-174-27......................  Emissions standards  March 26, 1998  March 10, 1999  64 FR 12005........  (c)78........  Revised Department
                                   for periodic motor                                                                       of Environmental
                                   vehicle inspection                                                                       Protection
                                   and maintenance.                                                                         regulation
                                                                                                                            contain I/M
                                                                                                                            emission
                                                                                                                            standards.
14-164c.........................  Periodic Motor       April 7, 1998.  March 10, 1999  64 FR 12005........  (c)78........  Revised Department
                                   Vehicle Inspection                                                                       of Motor Vehicles
                                   and Maintenance.                                                                         regulation for
                                                                                                                            the Connecticut I/
                                                                                                                            M Program.
                                                       June 24, 1999.  October 27,     [Insert FR citation  (c)89........  Revised subsection
                                                                        2000.           from published                      (b) of Section 14-
                                                                                        date].                              164c-11a of the
                                                                                                                            Department of
                                                                                                                            Motor Vehicles
                                                                                                                            regulation
                                                                                                                            concerning
                                                                                                                            emissions repairs
                                                                                                                            expenditure
                                                                                                                            requirement to
                                                                                                                            receive waver.
 
                   *                  *                  *                  *                  *                  *                  *
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[FR Doc. 00-27655 Filed 10-26-00; 8:45 am]
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