[Federal Register Volume 65, Number 221 (Wednesday, November 15, 2000)]
[Rules and Regulations]
[Pages 68898-68901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29067]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MA-014-7195D; A-1-FRL-6882-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts; Enhanced Motor Vehicle Inspection and Maintenance 
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 Commonwealth of Massachusetts. This revision 
establishes and requires an enhanced inspection and maintenance program 
in Massachusetts. The intended effect of this action is to provide 
limited approval of the inspection and maintenance program which has 
been operating in Massachusetts since October 1, 1999. This action is 
being taken in accordance with the Clean Air Act.

EFFECTIVE DATE: This rule will become effective on December 15, 2000.

ADDRESSES: Copies of the documents relevant to this action 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; Air and Radiation Docket and Information Center, U.S. 
Environmental Protection Agency, Room M-1500, 401 M Street, (Mail Code 
6102), SW., Washington, DC; and Division of Air Quality Control, 
Department of Environmental Protection, One Winter Street, 8th Floor, 
Boston, MA 02108.

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

SUPPLEMENTARY INFORMATION: On September 27, 1999 (64 FR 51937), and on 
November 30, 1999 (64 FR 66829), EPA published Notices of Proposed 
Rulemaking (NPR) for the Commonwealth of Massachusetts. The NPRs 
proposed approval of an enhanced inspection and maintenance (I/M) 
program once the Massachusetts Department of Environmental Protection 
(DEP) submitted supplemental documentation. Massachusetts submitted the 
formal SIP revision on May 14, 1999.
    The September 27, 1999, proposed rulemaking notice stated that 
prior to final action, Massachusetts must submit certain items which 
had not yet been supplied by the program contractor. These items 
included requirements specified in the following sections of the EPA I/
M Rule: Network Type and Program Evaluation--40 CFR 51.353, Test 
Procedures and Standards--40 CFR 51.357, Test Equipment--40 CFR 51.358, 
Quality Control--40 CFR 51.359, Quality Assurance--40 CFR 51.363, and 
On-road Testing--40 CFR 51.371. The November 30, 1999 supplemental 
notice indicated that Massachusetts could not claim full I/M 240 credit 
for the Massachusetts I/M program, but EPA believed the program would 
achieve at least low enhanced program credit, therefore proposed 
approval was still appropriate.
    In response to the September 27, 1999, Federal Register document, 
Massachusetts made the following submissions: Test Procedures and 
Equipment Specifications on February 1, 2000, and Acceptance Test 
Protocol on March 15, 2000. These submittals were designed to better 
define the information required in Test Procedures and Standards--40 
CFR 51.357, and Test Equipment--40 CFR 51.358. With these two 
submissions the Massachusetts I/M SIP now meets the requirements of 
these two sections of the EPA rule. On March 15, 2000 Massachusetts 
also submitted Overt Audit Software Specifications which addresses part 
of the requirements for Quality Assurance, 40 CFR 51.363. On July 14, 
2000, Massachusetts submitted a Draft Quality Assurance and Quality 
Control Plan. In a letter dated August 8, 2000 EPA provided minor 
comments on this plan.
    The following sections still require additional information to meet 
the requirements of the I/M rule: Network Type and Program Evaluation--
40 CFR 51.353, Quality Control--40 CFR Part 51.359, Quality Assurance--
40 CFR 51.363 and On-road Testing--40 CFR 51.371. These requirements 
were explained in the NPR and will not be restated here. In response to 
the Supplementary Proposed Rule

[[Page 68899]]

published in the Federal Register on November 30, 1999, EPA and the DEP 
have had extensive discussions concerning a comparison testing program 
between EPA's IM240 test and the Massachusetts I/M test. A testing 
program has been designed and will soon be started. DEP will provide 
EPA with copies of the work orders to initiate this program once they 
have been issued. The results of this program will enable EPA to assign 
appropriate emission reduction credit for the Massachusetts I/M 
program.
    Massachusetts has been successfully operating a transient testing 
program with a 31 second test and NYTEST equipment, which is expected 
to provide high emitter identification rates which are close to the 
rates provided by IM240 testing. This expectation is based on testing 
of the NYTEST equipment by New York and the 31 second test by Oregon. 
Although we cannot at this time assign appropriate program credit, this 
will be done once the comparison testing is completed.
    Interim Credit--There is no data available at this time to assign 
appropriate emission reduction credit for the combination of test type 
and equipment that the Commonwealth is implementing. Nevertheless, even 
if one makes extremely conservative assumptions about the efficacy of 
the Massachusetts test, EPA's mobile modeling shows that the I/M 
program demonstrates at least compliance with low enhanced I/M program 
performance standard, and it therefore meets the requirement for this 
aspect of the program. Moreover, this conservative estimate of the 
performance standard still provides sufficient emission reduction 
credits to support the 15% and 9% rate of progress plans EPA is 
approving elsewhere in today's Federal Register. EPA's analysis of 
these conservative assumptions is available in a technical support 
document in the docket for the November 30, 1999 Federal Register 
Notice.
    Other specific requirements of the 
I/M rule and the rationale for EPA's proposed action are explained in 
the NPR and will not be restated here. No public comments were received 
on the NPR.

Final Action

    EPA is providing limited approval of the Massachusetts inspection 
and maintenance program as a revision designed to strengthen the 
Massachusetts SIP.
    This action will make the I/M program an enforceable part of the 
Massachusetts SIP, but DEP must still supplement the program to get 
full approval and meet the I/M requirements of the Act. Edward Kunce, 
acting Commissioner of DEP submitted this plan revision on May 14, 1999 
with subsequent submissions on February 1, 2000, and March 15, 2000, as 
a revision to the SIP. The Commonwealth must submit to EPA additional 
information on Network Type and Program Evaluation--40 CFR 51.353, On-
road Testing--40 CFR 51.371 and a final QA/QC plan to meet the 
requirements of Quality Control--40 CFR 51.359, and Quality Assurance--
40 CFR 51.363, prior to EPA giving full approval to the Massachusetts 
I/M SIP. EPA will then publish a subsequent final rulemaking notice in 
the Federal Register, when the State submits the needed information. 
This approval action will remain a part of the SIP until EPA takes 
final action fully approving or disapproving the revised I/M SIP 
submittal.
    Massachusetts DEP Regulation 310 CMR 60.02 ``Regulations for the 
Enhanced Motor Vehicle Inspection and Maintenance Program'' replaces 
completely the existing regulation 310 CMR 7.20 ``Motor Vehicle 
Inspection and Maintenance Emission Analyzer Approval Process and 
Inspection Requirements and Procedures.'' Regulation 310 CMR 7.20 will 
be removed from both the table identifying the SIP in the Code of 
Federal Regulations (CFR) and from the files where EPA incorporates by 
reference Massachusetts rules into the SIP.
    Massachusetts Registry of Motor Vehicles Regulation 540 CMR 4.00 
entitled ``Periodic Annual Staggered Safety and Combined Safety and 
Emissions Inspection of All Motor Vehicles, Trailers, Semi-trailers and 
Converter Dollies'' although part of the previous I/M program was not 
incorporated by reference and was not listed in Table 52.1167. This 
regulation which was revised for the enhanced 
I/M program and effective October 1, 1999 will be incorporated by 
reference and added to table 52.1167.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any State implementation plan. Each request for revision to 
the State implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

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 
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

[[Page 68900]]

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. 
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 January 16, 2001. 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, 
Reporting and recordkeeping requirements.

    Dated: September 20, 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 W--Massachusetts

    2. Section 52.1120 is amended by adding paragraph (c)(122) to read 
as follows:


Sec. 52.1120  Identification of plan.

* * * * *
    (c) * * *
    (122) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on May 14, 1999, 
February 1, 2000 and March 15, 2000.
    (i) Incorporation by reference.
    (A) Regulation 310 CMR 60.02 entitled ``Regulations for the 
Enhanced Motor Vehicle Inspection and Maintenance Program'' which 
became effective on October 1, 1999, and a September 17, 1999, Notice 
of Correction submitted by the Secretary of State indicating the 
effective date of the regulations.
    (B) Sections 4.01, 4.02, 4.03, 4.04(1), (2), (3), (5), (15) 
4.05(1), (2), (12)(d), (12)(e), (12)(o) 4.07, 4.08, and 4.09 of 
Regulation 540 CMR 4.00 entitled ``Periodic Annual Staggered Safety and 
Combined Safety and Emissions Inspection of All Motor Vehicles, 
Trailers, Semi-trailers and Converter Dollies' which became effective 
on May 28, 1999.''
    (ii) Additional materials.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated May 14, 1999, February 1, 2000, and March 15, 2000, 
submitting a revision to the Massachusetts State Implementation Plan.
    (B) Test Procedures and Equipment Specifications submitted on 
February 1, 2000.
    (C) Acceptance Test Protocol submitted on March 15, 2000.


Sec. 52.1167  [Amended]

    3. Table 52.1167 is amended by removing Regulation 310 CMR 7.20 
``Motor Vehicle Inspection and Maintenance Emission Analyzer Approval 
Process and Inspection Requirements and Procedures.''

    4. In Sec. 52.1167 the Table 52.1167 is amended by adding new 
entries in numerical order for ``310 CMR 60.02'' and 540 CMR 4.00'' to 
read as follows,


Sec. 52.1167  EPA-approved Massachusetts State regulations.

* * * * *

                                                   Table 52.1167.--EPA-Approved Rules and Regulations
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                                                        Date
     State citation             Title/subject        submitted     Date approved by EPA        Federal Register      52.1120(c)    Comments/unapproved
                                                      by State                                     citation                              sections
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                   *                  *                  *                  *                  *                  *                  *
310 CMR 60.02             Regulations for the           5/14/99  11/15/00                  65 FR 68900                      122  Replaces requirements
                           enhanced Motor Vehicle                                                                                 for I/M tests with
                           Inspection and                                                                                         enhanced I/M test
                           Maintenance Program                                                                                    requirements.
540 CMR 4.00              Periodic Annual               5/13/99  11/15/00                  65 FR 68900                      122  Revises Requirements
                           Staggered Safety and                                                                                   for Inspections and
                           Emissions Inspection of                                                                                Enforcement of I/M
                           Motor Vehicles                                                                                         Program
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[FR Doc. 00-29067 Filed 11-14-00; 8:45 am]
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