[Federal Register Volume 65, Number 222 (Thursday, November 16, 2000)]
[Rules and Regulations]
[Pages 69254-69257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29220]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MA-081-7211a; A-1-FRL-6897-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts; 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 Commonwealth of Massachusetts State Implementation Plan (SIP) 
revision for an enhanced vehicle inspection and maintenance program to 
a full approval. In our limited approval, we said Massachusetts needed 
to submit revisions to its SIP to address four sections of EPA's 
enhanced I/M regulation for full approval. We have determined that on 
October 20, 2000 Massachusetts submitted revisions that meet all of the 
conditions for full approval. Additionally, we are also approving an 
interim level of emission reduction credit for the inspection and 
maintenance program that can be utilized by Massachusetts in attainment 
planning. The intent of this action is to convert our limited approval 
of Massachusetts' enhanced vehicle I/M program SIP to a full approval 
and to approve an interim level of emission reduction credit for 
attainment planning purposes.

DATES: This direct final rule is effective on January 16, 2001 without 
further notice, unless EPA receives relevant adverse comment by 
December 18, 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), U.S. 
Environmental Protection Agency, EPA-New England, One Congress Street, 
Suite 1100, Boston, MA 02114-2023. Copies of the documents relevant to 
this action are available for public inspection during normal business 
hours, by appointment at the Office 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 Hagerty, (617) 918-1049.

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

I. What action is EPA taking today?
II. What Massachusetts SIP revision is the topic of this action?
III. What were the requirements for full approval of the 
Massachusetts inspection and maintenance program?
IV. How did Massachusetts fulfill these requirements for full 
approval?
V. What action did EPA take to defer sanctions in Massachusetts?
VI. What credit may Massachusetts assume in the interim until the 
correlation study is complete?
VII. EPA Action
VIII. Administrative Requirements

I. What Action Is EPA Taking Today?

    In this action, we are converting our limited approval of 
Massachusetts' enhanced motor vehicle inspection and maintenance (I/M) 
SIP to a full approval.
    We are also approving Massachusetts to use ASM credits for future 
planning purposes until the correlation study to compare IM240 with the 
Massachusetts 31 second test (MA31 test) is completed. Note: The full 
approval of the Massachusetts I/M program is based on the ability of 
the program to achieve the low-enhanced performance standard, and EPA 
has already determined that the program meets the low-enhanced standard 
in its limited approval of the program.

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

    This notice deals with a revision to the State of Massachusetts' 
Clean Air Act SIP submitted by Massachusetts on October 20, 2000 for 
certain program elements necessary to complete the I/M program. Today 
we are acting only upon this October 20, 1999 submittal to determine 
that Massachusetts 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 final rulemaking 
granting limited approval of the Massachusetts enhanced I/M SIP 
submitted on May 14, 1999 and approved at 40 CFR 52.1120(c)(122).

III. What Were the Requirements for Full Approval of the 
Massachusetts Inspection and Maintenance Program?

    Approval of Massachusetts' I/M program SIP required submission of 
information to meet the requirements of the following sections of EPA's 
I/M regulations: Network type and program evaluation--40 CFR 51.353; 
Quality control--40 CFR 51.359; Quality assurance--40 CFR 51.363; and 
On-road testing--40 CFR 51.371.

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

    On October 20, 2000, Massachusetts submitted revisions to its 
enhanced I/M SIP to EPA in order to meet the conditions for full 
approval. The following is a description of the measures which 
Massachusetts has submitted to meet each of the deficient areas 
described in the limited approval approved at 40 CFR 52.1120(c)(122).
    1. Network type and program evaluation--40 CFR 51.353--As part of 
its October 20, 2000 submittal, Massachusetts submitted a document 
entitled ``Program Evaluation Plans For the Enhanced Inspection and 
Maintenance Program,'' dated October 2000. The Program Evaluation Plans 
contained a final ``MA31-to-IM240 Correlation Study.'' The protocol for 
the correlation study was developed with EPA input and is acceptable to 
establish final emission reduction credit for the Massachusetts I/M 
program. A task assignment has been signed by Massachusetts to gather 
data to conduct the study described in the protocol. A copy of that 
task assignment was included in the October 20, 2000 submittal.
    The Program Evaluation Plans, dated October 2000, also contained a 
``Phase 2 Program Evaluation Plan for the Massachusetts I&M Program.'' 
The

[[Page 69255]]

phase 2 program evaluation will begin after the MA31-to-IM240 
correlation study is complete. The phase 2 program will evaluate the 
Massachusetts I/M program using a modified method of the EPA/Sierra 
Research Method. On January 9, 1998 (63 FR 1362), EPA finalized 
revisions to its program evaluation requirements allowing this 
methodology to be utilized. This section of the SIP now meets the 
requirements of EPA's I/M rule.
    2. Quality control--40 CFR 51.359--As part of its October 20, 2000 
submittal, Massachusetts submitted a document entitled ``Quality 
Assurance and Quality Control Plan For the Massachusetts Enhanced 
Emissions and Safety Inspection Program,'' dated October 16, 2000. This 
plan contains the needed quality control procedures. This section of 
the SIP now meets the requirements of EPA's I/M rule.
    3. Quality assurance--40 CFR 51.363--As part of its October 20, 
2000 submittal, Massachusetts submitted a document entitled ``Quality 
Assurance and Quality Control Plan For the Massachusetts Enhanced 
Emissions and Safety Inspection Program,'' dated October 16, 2000. This 
plan contains the needed quality assurance measures and provisions. 
This section of the SIP now meets the requirements of EPA's I/M rule.
    4. On-road testing--40 CFR 51.371--In the October 20, 2000 
submittal letter, Massachusetts has committed to conducting on-road 
testing with remote sensing and has shown that resources are available 
to do the testing. Data will be analyzed and a report submitted to EPA. 
This section of the SIP now meets the requirements of EPA's I/M rule.

V. What Action Did EPA Take To Defer Sanctions in Massachusetts?

    Due to the disapproval of an earlier I/M SIP submitted by the 
Commonwealth of Massachusetts, the Clean Air Act's offset sanction was 
applicable in Massachusetts beginning May 15, 1999 and the Clean Air 
Act's highway sanction was applicable beginning November 15, 1999. On 
November 30, 1999 (64 FR 66775), EPA published an interim final rule in 
the Federal Register which deferred the application of those sanctions 
beginning on December 15, 1999. Our interim final rule was based on a 
finding that Massachusetts had more likely than not implemented an 
approvable enhanced I/M program that was to take effect on December 15, 
1999. In that action EPA said that the implementation of sanctions will 
be deferred until EPA takes final action on the I/M SIP.
    Today EPA is taking final, full approval of Massachusetts' 
submitted enhanced I/M program SIP revision. Accordingly, all sanctions 
and FIP clocks related to approval of Massachusetts' I/M program are 
terminated upon the effective date of today's action.

VI. What Credit May Massachusetts Assume in the Interim Until the 
Correlation Study Is Complete?

    In EPA's supplementary proposed rule on the Massachusetts I/M SIP 
published on November 30, 1999 (64 FR 66829), EPA stated that there was 
no data available at the time to assign the exact emission reduction 
credit for the combination of test type and equipment that the 
Commonwealth was implementing (i.e., a 31 second transient test 
utilizing the BAR 31 trace and NYTEST equipment). We did state that, 
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 compliance with EPA's performance standard for a 
low enhanced program. We also acknowledged that Massachusetts will 
conduct necessary comparison testing to determine the appropriate 
emission reduction for SIP credit using the combination of the BAR 31 
transient trace with NYTEST equipment and stated that this would be 
important for purposes of approving the ozone attainment demonstration 
for the one-hour ozone standard submitted by the Commonwealth on July 
27, 1998.
    On December 16, 1999 (64 FR 70319), EPA proposed approval of the 
Massachusetts attainment demonstration for the Springfield (Western 
Massachusetts) ozone nonattainment area. EPA stated that unless 
Massachusetts submitted a demonstration which would substantiate the 
level of credit claimed for their I/M program, EPA would disapprove the 
attainment demonstration. Id. at 70329-30. In the meantime, while 
Massachusetts has pursued such a test program and has in fact signed a 
work order to execute this program, additional information has become 
available which allows the Agency to exercise engineering judgement in 
estimating the credit level of the MA31 test program. The MA 31 test 
program combines use of the NYTEST equipment used in New York with the 
BAR 31 test cycle used in Oregon.
    The additional information EPA has received is a test program which 
resulted in an evaluation of the difference in effectiveness between 
EPA's IM240 equipment and NYTEST equipment which is utilized by 
Massachusetts. This test program quantified the effectiveness of NYTEST 
and granted it 95% of the IM240 hydrocarbon (HC) reduction credit and 
99% of the IM240 reduction credit for both carbon monoxide (CO) and 
nitrogen oxides ( NOX).
    In November 25, 1996, EPA had quantified the BAR31 cycle currently 
run in Oregon (OR31) as receiving 90% of the IM240 HC credit and 95% of 
the IM240 CO and NOX credit. Although the OR31 uses the same 
cycle as the MA31 test, the OR31 employs IM240 equipment, which is more 
accurate than the BAR97 equipment specified in the MA31 test. 
Therefore, the credit afforded the MA31 at this time has been slightly 
reduced to reflect this equipment discrepancy. The NYTEST equipment 
analysis taken in concert with the earlier information defining the 
relationship between OR31 and IM240 cycles results in the Agency 
agreeing, based on our best engineering judgment, that the level of 
credit Massachusetts needs to support their attainment demonstration 
for their currently operating I/M program is acceptable. Massachusetts 
needs a level of credit equivalent to ASM2 at final cut points. The 
level of credit granted the MA31 as compared to the IM240 is 85% for 
HC, 87% for CO and 85% for NOX.
    At this time, EPA believes Massachusetts will continue work on two 
related but distinct efforts. The first is to obtain and analyze MA31/
IM240 correlation data, and the second is that Massachusetts will also 
perform a program evaluation to quantify the emissions benefits 
achieved by the program. EPA will review the correlation data as well 
as the program evaluation data, and take notice and comment as 
appropriate on whether the data bears out our current determination 
with regard to the level of credit granted to the program. If it does 
not, we will take appropriate action to correct any SIP shortfall.

VII. EPA Action

    EPA is converting its limited approval of Massachusetts' enhanced 
I/M program to a full approval. Accordingly, all sanctions and FIP 
clocks related to approval of Massachusetts' I/M program are terminated 
upon the effective date of today's action. An extensive discussion of 
Massachusetts' enhanced I/M program and our rationale for our limited 
approval action was provided in the previous final rule for the 
Massachusetts enhanced I/M program approved at 40 CFR 52.1120(c)(122).

[[Page 69256]]

    Additionally, we are also approving an interim level of emission 
reduction credit for the inspection and maintenance program that can be 
utilized by Massachusetts in attainment planning.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective January 
16, 2001 without further notice unless the Agency receives relevant 
adverse comments by December 18, 2000.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. Any parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on January 16, 2001 and no further action will 
be taken on the proposed rule.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

VIII. 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 (Pub. L. 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 January 16, 2001. Interested 
parties should 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).)

[[Page 69257]]

List of Subjects in 40 CFR Part 52

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

    Dated: October 27, 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 52.1159 is added to read as follows:


Sec. 52.1159  Enhanced Motor Vehicle Inspection and Maintenance.

    (a) Revisions submitted by the Massachusetts Department of 
Environmental Protection on October 20, 2000, to the motor vehicle 
inspection and maintenance program are approved:
    (1) Letter from the Massachusetts Department of Environmental 
Protection dated October 20, 2000 submitting a revision to the 
Massachusetts State Implementation Plan.
    (2) Document entitled ``Quality Assurance and Quality Control Plan 
For the Massachusetts Enhanced Emissions and Safety Inspection 
Program,'' dated October 16, 2000.
    (3) Document entitled ``Program Evaluation Plans For the Enhanced 
Inspection and Maintenance Program,'' dated October 2000, and 
supporting contracts.
[FR Doc. 00-29220 Filed 11-15-00; 8:45 am]
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