[Federal Register Volume 65, Number 243 (Monday, December 18, 2000)]
[Proposed Rules]
[Pages 79040-79046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32236]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RI-01-043-6991b; A-1-FRL-6918-6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve a State Implementation Plan 
(SIP) revision submitted by the State of Rhode Island. This revision 
establishes and requires the implementation of an enhanced motor 
vehicle inspection and maintenance program. The intended effect of this 
action is to reduce motor vehicle emissions through identification of 
high emitting vehicles and require repair of these high emitters. This 
action is being taken under the Clean Air Act.

DATES: Written comments must be received on or before January 17, 2001.

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, 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, One Congress Street, 
11th floor, Boston, MA and Office of Air Resources, Department of 
Environmental Management, 235 Promenade Street, Providence, RI 02908-
5767.

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

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

I. What action is EPA proposing today?
II. How can EPA propose approval of a draft plan?
III. What Rhode Island SIP revision is the topic of this action?
IV. What are the major items included in this state submittal?
V. What are the EPA requirements for approval of the Rhode Island 
inspection and maintenance program and how has the state addressed 
each?
VI. What emission reduction credit may Rhode Island assume in the 
interim until the EPA has information available to assign 
appropriate credit?
VII. What is EPA's proposed action on this submittal?
VIII. How can the public participate in this process?
IX. Administrative Requirements

I. What Action Is EPA Proposing Today?

    We are proposing approval of the Rhode Island enhanced motor 
vehicle inspection and maintenance program SIP revision which was 
submitted in draft form on November 17, 2000.

II. How Can EPA Propose Approval of a Draft Plan?

    EPA can propose approval of a SIP revision through a process called 
parallel processing. This process allows EPA to propose approval of a 
state SIP at the same time that the state is having its required public 
comment period. The public has the opportunity to review the State's 
proposed program, plus EPA's discussion in this notice of the non-
regulatory program commitments Rhode Island must submit, for the 
purposes of commenting on this proposed SIP revision. If there are no 
substantive changes as a result of the state public hearing process, 
and if there are no substantive adverse comments in response to this 
notice that cause EPA to require changes in the program beyond the 
additions already discussed in this notice, EPA can go forward with a 
final rulemaking notice. If substantive changes are made or substantive 
adverse comments received that require a program change then EPA must 
repropose the revision for public comment.

III. What Rhode Island SIP Revision Is the Topic of This Action?

    On November 17, 2000, Rhode Island Department of Environmental 
Management (DEM) submitted a draft revision to its SIP for motor 
vehicle inspection and maintenance. The revision will be the subject of 
a public hearing in Rhode Island on December 21, 2000. The SIP revision 
proposes to revise the Rhode Island SIP to add the enhanced motor 
vehicle inspection and maintenance program which is required by EPA's 
inspection and maintenance

[[Page 79041]]

regulation Title 40, Part 51--Subpart S--Requirements for Preparation, 
Adoption, and Submittal of Implementation Plans (I/M rule).
    This approval will apply to the inspection and maintenance program 
which is now operating in the state and will not require any changes to 
the program beyond the non-regulatory program commitments described in 
the notice. The Rhode Island I/M program is operated statewide at 
licensed private garages which also perform required safety tests on 
vehicles. The test performed every two years on most vehicles is a 31 
second dynamometer test. The test equipment is computerized and 
connected to a central computer. Enforcement is by windshield stickers, 
but will be changed to registration denial in January 2001.

IV. What Are the Major Items Included in This State Submittal?

    The revision consists of a narrative description of the program, 
the Rhode Island Department of Environmental Management and Department 
of Motor Vehicles regulations, equipment and test specifications, legal 
authority, emission factor modeling, the vehicle inspection manual, the 
quality assurance and quality control plan, technician training 
information, and the technical proposal from Keating Technologies which 
includes a public awareness plan.

V. What Are the EPA Requirements for Approval of the Rhode Island 
Inspection and Maintenance Program and How Has the State Addressed 
Each?

    We have reviewed the Rhode Island submittal to determine how it 
addresses all aspects of the Clean Air Act and EPA's I/M Rule. Below is 
a summary of how the Rhode Island submittal addresses each section of 
EPA's I/M rule:

Applicability--40 CFR 51.350

    Sections 182(c)(3) and 184(b)(1)(A) of the Clean Air Act and 40 CFR 
51.350(a) require all states in the Northeast Ozone Transport Region 
(OTR) which contain Metropolitan Statistical Areas (MSAs) or parts 
thereof with a population of 100,000 or more to implement an enhanced 
I/M program. Rhode Island is part of the OTR and contains the 
Providence-Pawtucket-Fall River CMSA or parts thereof with a population 
of 100,000 or more.
    Before the EPA finding made on June 9, 1999 (64 FR 30911) that the 
1-hour ozone standard was no longer applicable, the entire State of 
Rhode Island was also classified as a serious ozone nonattainment area. 
As such it was required to implement an enhanced I/M program per 
section 182(c)(3) of the CAA and 40 CFR 51.350(a)(2). On July 20, 2000 
(65 FR 45181), EPA reinstated the applicability of the 1-hour ozone 
standard in all areas for which EPA had taken action determining that 
the standard no longer applied. The effective date of the reinstatement 
for Rhode Island is January 16, 2001, after which Rhode Island will 
once again be considered a serious ozone nonattainment area and again 
subject to the section 182(c) requirement to implement an enhanced I/M 
program.
    Under the requirements of the Clean Air Act, all counties in Rhode 
Island are subject to I/M program requirements. The Rhode Island I/M 
regulation requires that the enhanced I/M program be implemented 
statewide. The I/M legislative authority Rhode Island General Law 
Chapter 31-38, Inspection of Motor Vehicles, and Chapter 31-47.1, Motor 
Vehicle Emissions Inspection Program, provide the legal authority to 
establish a statewide enhanced program. This part of the submittal 
meets the requirements of 40 CFR 51.350 of the federal I/M rule and is 
part of the basis for this proposed approval of the Rhode Island I/M 
SIP.
    The federal I/M rule requires that the state program not terminate 
until it is no longer necessary. EPA interprets the federal rule as 
stating that a SIP which does not sunset prior to the attainment 
deadline for each applicable area satisfies this requirement. The Rhode 
Island submittal does not address the length of time the program will 
be in effect. The program must continue past the attainment dates for 
all applicable nonattainment areas in Rhode Island. In the absence of a 
sunset date, EPA interprets the SIP submittal as requiring the I/M 
program to continue indefinitely, and proposes to approve the program 
on this basis. Once approved, this unlimited term of the program will 
be federally enforceable as a requirement of the SIP.

Enhanced I/M Performance Standard--40 CFR 51.351

    The enhanced I/M program must be designed and implemented to meet 
or exceed a minimum performance standard, which is expressed as 
emission levels in area-wide average grams per mile (gpm) for certain 
pollutants. The performance standard is established using local 
characteristics, such as vehicle age mix and local fuel controls, and 
the following model I/M program parameters: Network type, start date, 
test frequency, model year, vehicle type coverage, exhaust emission 
test type, emission standards, emission control device inspection, 
evaporative system function checks, stringency, waiver rate, compliance 
rate and evaluation date. The emission levels achieved by the state's 
program design shall be calculated using the most current version, at 
the time of submittal, of the EPA mobile source emission factor model. 
At the time of the Rhode Island submittal the most current version was 
MOBILE5b. Areas shall meet the performance standard in 2002 for the 
pollutants which cause them to be subject to enhanced I/M requirements. 
In the case of ozone nonattainment areas or areas in the Ozone 
Transport Region, the performance standard must be met for both 
nitrogen oxides ( NOX) and hydrocarbons (HC). This Rhode 
Island submittal must meet the enhanced I/M performance standard for HC 
and NOX throughout the state.
    The 15 percent rate of progress (ROP) plan for Rhode Island which 
was approved in the Federal Register on December 8, 1998 (63 FR 67594) 
does not rely on I/M emission credits to meet the required reduction. 
This allows Rhode Island to meet the low enhanced I/M performance 
standard pursuant to 40 CFR 51.351(g).
    The Rhode Island submittal includes the following program design 
parameters:

Network type--Test and repair
Start date--2000
Test frequency--biennial
Model year/ vehicle type coverage--most recent 25 years, light and 
heavy duty, gasoline
Exhaust emission test type--transient
Emission standards--1.2 HC, 20.0 CO, 3.0 NOX
Emission control device check--yes
Evaporative system function checks--gas cap only
Stringency (pre-1981 failure rate)--N/A
Waiver rate--3%
Compliance rate--96%
Evaluation date(s)--2002 and 2004

    Rhode Island has submitted modeling demonstrations using the EPA 
computer model MOBILE5b showing that the low enhanced performance 
standard reductions will be met in 2002 with the proposed state 
program. This demonstration assumed a 96% compliance rate, 3% waiver 
rate, and 75% of IM 240 credits. (See Section VI below for a discussion 
on interim emission reduction credit.)
    Rhode Island's modeling shows that the program will meet the ``low 
enhanced I/M performance standard'' for HC, and NOX by 2002. 
This part of the submittal meets the requirements of

[[Page 79042]]

40 CFR 51.351 of the federal I/M rule and is part of the basis for 
proposed approval of the Rhode Island I/M SIP.

Network Type and Program Evaluation--40 CFR 51.353

    The enhanced program shall include an ongoing evaluation to 
quantify the emission reduction benefits of the program, and to 
determine if the program is meeting the requirements of the Clean Air 
Act and the federal I/M rule. The SIP shall include details on the 
program evaluation and shall include a schedule for submittal of 
biennial evaluation reports, data from a state monitored or 
administered mass emission test of at least 0.1% of the vehicles 
subject to inspection each year, description of the sampling 
methodology, the data collection and analysis system and the legal 
authority enabling the evaluation program.
    Rhode Island has designed a test-and-repair network with 
dynamometer testing in a computer connected network. The program 
evaluation testing will consist of a NYTEST test conducted immediately 
after the RI2000 test on 350 randomly selected vehicles. In addition, 
annual remote sensing data from on-road testing will be compared with 
remote sensing data collected prior to the start of the program and for 
subsequent years to provide an alternative assessment method. EPA's 
regulations at 40 CFR 51.353 allow a state to submit a demonstration 
that a decentralized test-and-repair network achieves the level of 
credit, as compared to a centralized program, that a state is claiming 
for its program. Rhode Island is assembling data for a full 
demonstration of the efficacy of its test-and-repair network, some of 
which EPA has already received, and EPA is requiring Rhode Island to 
submit additional documentation before EPA finally approves this 
program. EPA is nevertheless prepared to propose full approval of Rhode 
Island's I/M program pending submittal of their demonstration. Rhode 
Island has submitted data concerning failure rate by model year upon 
which we will base our proposed approval and Rhode Island will be 
submitting data concerning actual waiver rates and station audit 
results which will be incorporated into the analysis before final 
approval. While absolute network effectiveness may not be known with 
this limited data, EPA believes that Rhode Island's network 
effectiveness demonstration meets the same standard applied to 
effectiveness demonstrations applied to other states under section 
51.353. This element is part of the basis for proposed approval of the 
Rhode Island I/M SIP.

Adequate Tools and Resources--40 CFR 51.354

    The federal I/M rule requires Rhode Island to demonstrate that 
adequate funding of the program is available. A portion of the test fee 
or separately assessed per vehicle fee shall be collected, placed in a 
dedicated fund and used to finance the program. Alternative funding 
approaches are acceptable if it is demonstrated that the funding can be 
maintained. Reliance on funding from the state or local General Fund is 
not acceptable unless doing otherwise would be a violation of the 
state's constitution. The SIP shall include a detailed budget plan 
which describes the source of funds for personnel, program 
administration, program enforcement, and purchase of equipment. The SIP 
shall also detail the number of personnel dedicated to the quality 
assurance program, data analysis, program administration, enforcement, 
public education and assistance and other necessary functions.
    Rhode Island has provided for a dedicated fund to provide the 
additional resources, in addition to the resources assigned to the 
existing safety program, needed to implement the program. A portion of 
the fee goes directly to the contractor ($13.00) and part of it goes to 
the state ($2.00) to support the program. Rhode Island submitted a 
breakdown of funds and full time employees for the Department of Motor 
Vehicles (DMV) and DEM to operate the program. These resources along 
with the contractor resources appear to be adequate to meet these 
needs. An annual budget estimate is included in Section 6 of the 
submittal. This part of the submittal meets the requirements of 40 CFR 
51.354 of the federal I/M rule and is part of the basis for proposed 
approval of the Rhode Island I/M SIP.

Test Frequency and Convenience--40 CFR 51.355

    The enhanced I/M performance standard assumes an annual test 
frequency; however, other schedules may be approved if the performance 
standard is achieved. The SIP shall describe the test year selection 
scheme, how the test frequency is integrated into the enforcement 
process and shall include the legal authority, regulations or contract 
provisions to implement and enforce the test frequency. The program 
shall be designed to provide convenient service to the motorist by 
ensuring short wait times, short driving distances and regular testing 
hours.
    The Rhode Island program provides biennial testing in a test-and-
repair network. The test-and-repair structure of the program and 
approximately 350 test stations are expected to provide customer 
convenience. The contract specifies criteria to provide convenient 
locations throughout the state. Legal authority is provided in 31-47.1-
3 of The General Laws of Rhode Island. The performance standard is 
achieved with this biennial format. This part of the submittal meets 
the requirements of 40 CFR 51.355 of the federal I/M rule and is part 
of the basis for proposed approval of the Rhode Island I/M SIP.

Vehicle Coverage--40 CFR 51.356

    The performance standard for enhanced I/M programs assumes coverage 
of all 1968 and later model year light duty vehicles and light duty 
trucks up to 8,500 pounds GVWR, and includes vehicles operating on all 
fuel types. Other levels of coverage may be approved if the necessary 
emission reductions are achieved. Vehicles registered or required to be 
registered within the I/M program area boundaries and fleets primarily 
operated within the I/M program area boundaries and belonging to the 
covered model years and vehicle classes comprise the subject vehicles. 
Fleets may be officially inspected outside of the normal I/M program 
test facilities, if such alternatives are approved by the program 
administration, but shall be subject to the same test requirements 
using the same quality control standards as non-fleet vehicles and 
shall be inspected in the same type of test network as other vehicles 
in the state, according to the requirements of 40 CFR 51.353(a).
    The federal I/M regulation requires that the SIP shall include the 
legal authority or rule necessary to implement and enforce the vehicle 
coverage requirement, a detailed description of the number and types of 
vehicles to be covered by the program and a plan for how those vehicles 
are to be identified, including vehicles that are routinely operated in 
the area but may not be registered in the area, and a description of 
any special exemptions, including the percentage and number of vehicles 
to be impacted by the exemption. Such exemptions shall be accounted for 
in the analysis of the program's potential emission reduction.
    The Rhode Island program tests light duty gasoline vehicles less 
than 25 years old. The mobile modeling contains a model year profile 
provided by the state for the Rhode Island vehicles included in the 
program. Legal authority is provided in Section 31-47.1-3 of the

[[Page 79043]]

General Laws of Rhode Island and section 1.2, Applicability, of Rhode 
Island Motor Vehicle Safety and Emissions Control Regulation No. 1. 
Exemptions are also specified in this regulation and have been 
addressed in the modeling. Rhode Island is not significantly impacted 
by vehicles outside the program area, since the Rhode Island program is 
implemented statewide and each surrounding state (i.e., Connecticut and 
Massachusetts) is implementing a statewide enhanced I/M program. This 
part of the submittal meets the requirements of 40 CFR 51.356 of the 
federal I/M rule and is part of the basis for proposed approval of the 
Rhode Island I/M SIP.
    Federally owned vehicles operated in Rhode Island are required to 
meet the same requirements as Rhode Island registered vehicles. 
However, EPA is not requiring states to implement 40 CFR 51.356(a)(4) 
dealing with federal installations within I/M areas at this time. The 
Department of Justice has recommended to EPA that this regulation be 
revised since it appears to grant states authority to regulate federal 
installations in circumstances where the federal government has not 
waived sovereign immunity. It would not be appropriate to require 
compliance with this regulation if it is not constitutionally 
authorized. EPA will be revising this provision in the future and will 
review state I/M SIPs with respect to this issue when this new rule is 
final. Therefore, for these reasons, EPA is not proposing approval or 
disapproval of the specific requirements which apply to federal 
facilities at this time.

Test Procedures and Standards--40 CFR 51.357

    Written test procedures and pass/fail standards shall 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 documents entitled ``High-Tech 
I/M Test Procedures, Emission Standards, Quality Control Requirements, 
and Equipment Specifications,'' EPA-AA-EPSD-IM-93-1, dated April 1994 
and ``Acceleration Simulation Mode Test Procedures, Emission Standards, 
Quality Control Requirements, and Equipment Specifications,'' EPA-AA-
RSPD-IM-96-2, dated July 1996.
    Rhode Island will use the RI2000 test (BAR31 test with NYTEST 
equipment). Test procedures and standards are specified in: (1) Section 
9 and Appendix A, Equipment and Test Specifications, of the November 
17, 2000 SIP submittal; (2) section 1.4, Rhode Island Vehicle 
Inspection Program Procedures, and section 1.5, Emission Standards and 
Criteria, of Rhode Island Motor Vehicle Safety and Emissions Control 
Regulation No. 1; and (3) Air Pollution Control Regulation No. 34, 
Rhode Island Motor Vehicle Inspection/Maintenance Program. This part of 
the submittal meets the requirements of 40 CFR 51.357 of the federal I/
M rule and is part of the basis for proposed approval of the Rhode 
Island I/M SIP.

Test Equipment--40 CFR 51.358

    Computerized test systems are required for performing any 
measurement on subject vehicles. The federal I/M regulation requires 
that the state SIP submittal include written technical specifications 
for all test equipment used in the program. The specifications shall 
describe the emission analysis process, the necessary test equipment, 
the required features, and written acceptance testing criteria and 
procedures.
    The specifications for the computerized test equipment to be used 
in the program are included in Appendix A, Equipment and Test 
Specifications, of the November 17, 2000 SIP submittal. This part of 
the submittal meets the requirements of 40 CFR 51.358 of the federal I/
M rule and is part of the basis for proposed approval of the Rhode 
Island I/M SIP.

Quality Control--40 CFR 51.359

    Quality control measures shall insure that emission measurement 
equipment is calibrated and maintained properly, and that inspection, 
calibration records, and control charts are accurately created, 
recorded and maintained.
    Rhode Island's November 17, 2000 SIP submittal includes provisions 
which describe and establish quality control measures for the emission 
measurement equipment, and record keeping requirements in Section 12, 
Quality Assurance/Quality Control, and Appendix I, QA/QC Plan. This 
part of the submittal meets the requirements of 40 CFR 51.359 of the 
federal I/M rule and is part of the basis for proposed approval of the 
Rhode Island I/M SIP.

Waivers and Compliance Via Diagnostic Inspection--40 CFR 51.360

    The federal I/M regulation allows for the issuance of a waiver, 
which is a form of compliance with the program requirements that allows 
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 to the CPI for 1989, is required in order to qualify 
for a waiver. Waivers can only be issued after a vehicle has failed a 
retest performed after all qualifying repairs have been made. Any 
available warranty coverage must be used to obtain repairs before 
expenditures can be counted toward the cost limit. Tampering related 
repairs shall not be applied toward the cost limit. Repairs must be 
appropriate to the cause of the test failure. Repairs for 1980 and 
newer model year vehicles must be performed by a recognized repair 
technician. The federal regulation allows for compliance via a 
diagnostic inspection after failing a retest on emissions and requires 
quality control of waiver issuance. The SIP must set a maximum waiver 
rate and must describe corrective action that would be taken if the 
waiver rate exceeds that committed to in the SIP.
    Rhode Island has chosen to allow cost waivers and compliance via 
diagnostic inspection. The Rhode Island waiver requirements are 
described in section 13 of the submittal and will require $450 plus CPI 
adjusted cost waiver. After January 1, 2001, $450 must be spent on 
appropriate repairs and the amount will subsequently be adjusted to 
account for CPI changes by January 1, 2004. Only repairs performed by a 
registered repair technician can be credited toward a waiver. Section 
1.9 of Rhode Island Motor Vehicle Safety and Emissions Control 
Regulation No.1 specifies waiver requirements including requirements 
that creditable cost of repairs shall not include costs covered by 
warranty or tampering reversal, and must be made by a Certified 
Inspection Repair Technician. The submittal assumes a maximum 3% waiver 
rate and a commitment to revise the SIP if it is exceeded. Rhode Island 
submitted these waiver provisions for the purpose of addressing the 
waiver provisions of EPA's I/M rule. This element of the submittal is 
part of the basis for proposed approval of the Rhode Island I/M SIP.

Motorist Compliance Enforcement--40 CFR 51.361

    The federal regulation requires that compliance shall 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. An enhanced 
I/M area may use either sticker-based enforcement programs or computer-
matching programs if either of these programs were used in the existing 
program, which was operating prior to passage of the 1990 Clean Air Act 
Amendments, and it can be demonstrated that the alternative has

[[Page 79044]]

been more effective than registration denial. The SIP shall provide 
information concerning the enforcement process, legal authority to 
implement and enforce the program, and a commitment to a compliance 
rate to be used for modeling purposes and to be maintained in practice.
    Section 14 of the submittal explains enforcement procedures for the 
program. Legal authority is contained Rhode Island General Law Chapter 
31-47.1, Motor Vehicle Emissions Inspection Program. Registration 
denial will start January, 2001, and will be in effect before final EPA 
action on the I/M SIP is taken. The data base will be maintained by the 
contractor and tied in with the Department of Motor Vehicles database. 
Section 1.4.2, Registration, of Rhode Island Motor Vehicle Safety and 
Emissions Control Regulation No.1 specifies registration denial 
requirements starting January 1, 2001. Rhode Island used a 96% 
compliance rate for modeling purposes, but did not commit to this rate. 
The final submittal must have a commitment to maintain 96% compliance 
rate in practice. This part of the submittal meets the requirements of 
40 CFR 51.361 of the federal I/M rule except for the absence of the 
commitment to maintain a 96% compliance rate in the program. This 
commitment must be submitted prior to final action by EPA.

Motorist Compliance Enforcement Program Oversight--40 CFR 51.362

    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 insure the effective overall performance of 
the enforcement system. An information management system shall be 
established which will characterize, evaluate and enforce the program.
    The contract between the state and the program provider details the 
coordination of data between the workstation and DMV to enforce, audit 
and evaluate this requirement. However, the submittal does not address 
training, auditing, and oversight of the DMV functions of the 
enforcement program. This documentation must be submitted prior to 
final EPA action on the SIP. This part of the submittal meets the 
requirements of 40 CFR 51.362 of the federal I/M rule with the 
exception of DMV training, auditing, and oversight functions, which 
must be submitted prior to final action by EPA.

Quality Assurance--40 CFR 51.363

    An ongoing quality assurance program shall 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. A description of the quality assurance program which includes 
written procedure manuals on the above discussed items must be 
submitted as part of the SIP.
    The quality assurance program is described in Section 12, Quality 
Assurance/Quality Control, and Appendix I, QA/QC Plan, of the 
submittal. This element of the submittal is part of the basis for 
proposed approval of the Rhode Island I/M SIP.

Enforcement Against Contractors, Stations and Inspectors--40 CFR 51.364

    Enforcement against licensed stations, contractors and inspectors 
shall include swift, sure, effective, and consistent penalties for 
violation of program requirements. The federal I/M regulation requires 
the establishment of minimum penalties for violations of program rules 
and procedures which can be imposed against stations, contractors and 
inspectors. The legal authority for establishing and imposing 
penalties, civil fines, license suspensions and revocations must be 
included in the SIP. State quality assurance officials shall have the 
authority to temporarily suspend station and/or inspector licenses 
immediately upon finding a violation that directly affects emission 
reduction benefits, unless constitutionally prohibited. An official 
opinion explaining any state constitutional impediments to immediate 
suspension authority must be included in the submittal. The SIP shall 
describe the administrative and judicial procedures and 
responsibilities relevant to the enforcement process, including which 
agencies, courts and jurisdictions are involved, who will prosecute and 
adjudicate cases and the resources and sources of those resources which 
will support this function.
    Section 15 of the submittal, Enforcement--Program Manager, AIRS, 
and Inspectors, describes provisions for enforcement against stations 
and inspectors. Sufficient resources have been provided to enforce the 
program and are addressed in the resources section. The contractor may 
disconnect inspection stations from the computer system without a prior 
hearing if there is a problem with calibration or if the station is 
suspected of conducting improper inspections. The contract terms 
provide for penalties against the contractor. In addition, section 31-
47.1-9 of the General Laws of Rhode Island provides for fines and civil 
penalties of up to $1,000 fine or imprisonment for up to 30 days or 
both for violations. This part of the submittal meets the requirements 
of 40 CFR 51.364 of the federal I/M rule and is part of the basis for 
proposed approval of the Rhode Island I/M SIP.

Data Collection--40 CFR 51.365

    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 required under 
40 CFR 51.359.
    The Rhode Island SIP provides a commitment to meet all of the data 
collection requirements and has listed all the required data which will 
be collected in Section 16, Data Collection, of the state submittal. 
Data collection for quality control is addressed in Appendix I, QA/QC 
plan, of the submittal. This part of the submittal meets the 
requirements of 40 CFR 51.365 of the federal I/M rule and is part of 
the basis for proposed approval of the Rhode Island I/M SIP.

Data Analysis and Reporting--40 CFR 51.366

    Data analysis and reporting are required to allow for monitoring 
and evaluation of 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 shall 
provide statistics for the period of January to December of the 
previous year. A biennial report shall be submitted to EPA which 
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.
    Section 17 of the submittal addresses data analysis and reporting 
procedures and are supported in the contract. This part of the 
submittal meets all of the requirements of 40 CFR 51.366 of the federal 
I/M rule and is part of the basis for proposed approval of the Rhode 
Island I/M SIP.

[[Page 79045]]

Inspector Training and Licensing or Certification--40 CFR 51.367

    The federal I/M regulation requires all inspectors to be formally 
trained and licensed or certified to perform inspections.
    Section 1.14, Authorization and Certification, of Rhode Island 
Motor Vehicle Safety and Emissions Control Regulation No.1 requires 
training and certification of inspectors. The contractor is required to 
train and test inspectors with the appropriate curriculum as specified 
in the federal I/M rule. The training manual and an example test are 
included in Appendix I, QA/QC Plan, of the submittal. This part of the 
submittal meets the requirements of 40 CFR 51.367 of the federal I/M 
rule and is part of the basis for proposed approval of the Rhode Island 
I/M SIP.

Public Information and Consumer Protection--40 CFR 51.368

    The federal I/M regulation requires the SIP to include public 
information and consumer protection programs.
    Section 19, Public Information and Consumer Protection, of the 
submittal and Section 3 of the contractor's RFP response contain a 
detailed public awareness plan for the 7 years of the contract. 
Consumer protection will be provided through the public awareness plan 
and a challenge test program. This part of the submittal meets the 
requirements of 40 CFR 51.368 of the federal I/M rule and is part of 
the basis for proposed approval of the Rhode Island I/M SIP.

Improving Repair Effectiveness--40 CFR 51.369

    Effective repairs are 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 to be 
implemented, a description of the procedures and criteria to be used in 
meeting the performance monitoring requirements required in the federal 
regulation, and a description of the repair technician training 
resources available in the community.
    As described in Section 20, Improving Repair Effectiveness, of the 
submittal, Rhode Island will be providing subsidized mechanic training 
through a CMAQ grant, a diagnostic center, and a technician performance 
evaluation and monitoring system. This part of the submittal meets the 
requirements of 40 CFR 51.369 of the federal I/M rule and is part of 
the basis for proposed approval of the Rhode Island I/M SIP.

Compliance with Recall Notices--40 CFR 51.370

    The federal regulation requires the states to establish methods to 
ensure that vehicles that are subject to enhanced I/M and are included 
in an emission related recall receive the required repairs prior to 
completing the emission test and/or renewing the vehicle registration.
    EPA will adopt regulations to require submittal of this information 
by manufacturers to develop a database to support this requirement. The 
Rhode Island I/M SIP commits to ensuring compliance with EPA I/M recall 
rules when they are finalized. This part of the I/M rule will be 
reevaluated after EPA adopts the needed rule.

On-Road Testing--40 CFR 51.371

    On-road testing is required in enhanced I/M areas. The use of 
either remote sensing devices (RSD) or roadside pullovers including 
tailpipe emission testing can be used to meet the federal regulations. 
The program must include on-road testing of 0.5% of the subject fleet 
or 20,000 vehicles, whichever is less, in the nonattainment area or the 
I/M program area.
    The Rhode Island SIP submittal describes an on-road testing program 
which is a requirement of the program contract. The on-road testing 
program meets the minimum testing requirements of the federal I/M rule.

State Implementation Plan Submissions/Implementation Deadlines--40 CFR 
51.372-373

    The Rhode Island program started mandatory testing on January 1, 
2000 in accordance with the terms of the contract. Although this is 
beyond the start date specified in EPA's I/M rule, that date has 
already passed and it is now impossible to start by that date. The 
program has now started and EPA believes it is appropriate to approve 
this currently operating program.

VI. What Emission Reduction Credit May Rhode Island Assume in the 
Interim Until the EPA Has Information Available To Assign 
Appropriate Credit?

    Rhode Island and Massachusetts use the same testing equipment and 
testing cycle. Specifically the New York state test equipment (NYTEST), 
and the BAR31 test cycle. 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 Massachusetts 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. This is also the case for Rhode 
Island. 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. Rhode Island will be able to utilize this same 
information to establish more accurate emission reduction credits for 
future SIP planning by Rhode Island.
    Rhode Island is at this time using 75% of IM240 credit for future 
planning. Based on recent information on the NYTEST system, EPA 
believes this is a reasonable assumption. EPA has evaluated a test 
program which evaluated the difference in effectiveness between EPA's 
IM240 equipment and NYTEST equipment which is utilized by Rhode Island. 
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 RI2000 test, the OR31 employs IM240 equipment, which is 
more accurate than the BAR97 (NYTEST) equipment specified in the RI2000 
test. Therefore, the credit afforded the RI2000 at this time needs to 
be 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 Rhode Island is assuming (75% of IM240) from the I/M program 
for future air quality planning appears currently to be acceptable. 
Therefore, EPA is proposing to approve this interim level of credit for 
planning purposes.
    Once the comparison study results are available from the 
Massachusetts study, EPA will establish appropriate credit for the 
BAR31 test done on NYTEST equipment. If the emission reduction credits 
assigned do not meet or exceed

[[Page 79046]]

the credit assumed by Rhode Island, Rhode Island and EPA will take 
appropriate action to correct any SIP shortfall in any SIP 
demonstrations that may rely on credit from the I/M program.

VII. What Is EPA's Proposed Action on This Submittal?

    EPA's review of this material indicates that with the exception of 
three nonregulatory items, the submittal addresses the requirements of 
the I/M rule. EPA is proposing to approve the Rhode Island SIP revision 
for enhanced motor vehicle inspection and maintenance, which was 
submitted on November 17, 2000. Prior to EPA taking final action, 
however, Rhode Island must include in its final submittal: (1) A 
commitment to maintain a 96% compliance rate (or revise the SIP 
accordingly), (2) the appropriate enforcement oversight provisions for 
the DMV, and 3) a demonstration of the performance of its test-and-
repair network. Additionally, we are also proposing approval of an 
interim level of emission reduction credit for the inspection and 
maintenance program that can be utilized by Rhode Island for SIP 
planning. If the state fails to submit the required items in its final 
SIP submittal, EPA proposes to grant only a limited approval of the 
program. In this case, the I/M SIP would be approved as a SIP 
strengthening measure, and not approved as meeting the CAA requirements 
for an enhanced I/M program.
    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.

VIII. How Can the Public Participate in This Process?

    EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters. These comments will be considered 
before taking final action. Interested parties may participate in the 
Federal rulemaking procedure by submitting written comments to the EPA-
New England office listed in the Addresses section of this notice.
    Interested parties are encouraged to participate in the concurrent 
state process by presenting oral or written testimony at Rhode Island's 
December 21, 2000 public hearing, at 10 am in Conference Room ``C'' at 
One Capitol Hill, Providence, RI. Written comments will be accepted 
until 12 noon on December 22, 2000 at Office of Air Resources, 
Department of Environmental Management, 235 Promenade Street, 
Providence, RI 02908-5767.

IX 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 addressing 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.).

List of Subjects in 40 CFR Part 52

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

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

    Dated: December 12, 2000.
Mindy S. Lubber,
Regional Administrator, EPA--New England.
[FR Doc. 00-32236 Filed 12-15-00; 8:45 am]
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