[Federal Register Volume 66, Number 88 (Monday, May 7, 2001)]
[Rules and Regulations]
[Pages 22922-22924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10429]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. 45-216; FRL-6924-3]


Approval and Promulgation of Implementation Plans; New York; 
Motor Vehicle Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency is announcing the approval 
of a State Implementation Plan revision submitted by New York. This 
revision consists of New York's demonstration of the effectiveness of 
the enhanced motor vehicle inspection and maintenance (I/M) program 
decentralized testing network which satisfies the requirements of 
section 348 of the National Highway Systems Designation Act (NHSDA). In 
addition, EPA is approving New York's test method, NYTEST, and its 
effectiveness in relation to the IM240 test method and the regulations 
implementing the program. The intended effect of this action is to 
fully approve New York's enhanced I/M program, a requirement of the 
Clean Air Act.

EFFECTIVE DATE: This rule will be effective June 6, 2001.

ADDRESSES: Copies of the State submittals are available at the 
following addresses for inspection during normal business hours: 
Environmental Protection Agency, Region II Office, Air Programs Branch, 
290 Broadway, 25th Floor, New York, New York 10007-1866; New York State 
Department of Environmental Conservation, Division of Air Resources, 50 
Wolf Road, Albany, New York 12233; and Environmental Protection Agency, 
Air and Radiation Docket and Information Center, Air Docket (6102), 401 
M Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Judy-Ann Mitchell, Air Programs 
Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New 
York, New York 10278, (212) 637-4249.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 2, 2000 (65 FR 58698), EPA published a notice of 
proposed rulemaking for the State of New York. The notice proposed 
approval of revisions to the State Implementation Plan (SIP) for New 
York's enhanced inspection and maintenance (I/M)

[[Page 22923]]

program. The formal SIP revision was submitted on May 24, 1999 and 
additional information was submitted on October 7, 1999 and October 29, 
1999. A description of New York's submittals and EPA's rationale for 
our proposed action were presented in the proposal and will not be 
restated here.

II. Public Comments/Response to Comments

    One comment was submitted to the docket during the comment period 
for the notice of proposed rulemaking published in the October 2, 2000 
Federal Register. Copies of the original comment letter are available 
at EPA's Region II Office at the address listed in the ADDRESSES 
section of this document.
    The commentor, an emissions inspection and automotive repair 
station owner, commented on problems he has been experiencing with his 
NYTEST equipment including the responsiveness of the New York State 
Department of Environmental Conservation (NYSDEC) and the equipment 
manufacturer. Through discussions with the NYSDEC, EPA has learned that 
the State has been working with the commentor to address his concerns. 
These comments to the docket do not address the approvability of New 
York's I/M program nor do they address the emissions reduction 
effectiveness of the NYTEST test type. Therefore, these comments will 
not be addressed in this document.

III. Conclusion

    EPA is approving New York's enhanced I/M program SIP revision 
pursuant to section 348 of the NHSDA and the Clean Air Act. By so 
doing, EPA is finding that New York has adequately remedied the six de 
minimus deficiencies previously identified and has demonstrated that 
its decentralized I/M program network is substantially as effective as 
a centralized program network in achieving emission reductions 
according to the following:
     88 percent as effective for HC emission reductions.
     84 percent as effective for CO emission reductions.
     86 percent as effective for NOX emission 
reductions.
    In addition, EPA is affording emissions reduction credit to the 
NYTEST as follows:
     95 percent of IM240 credit for HC.
     99 percent of IM240 credit for CO.
     99 percent of IM240 credit for NOX.
    EPA is approving the latest revisions to the enhanced I/M program 
regulations. Specifically, these are found at 6NYCRR Part 200, General 
Provisions, Section 200.9 and Part 217, Motor Vehicle Emissions, 
Subparts 217-1, 217-2, and 217-4, that became effective on May 22, 
1997. These are also found at 15NYCRR Part 79, Motor Vehicle 
Inspection, Sections 79.1-79.15, 79.17, 79.20, 79.21, 79.24-79.26, that 
became effective on June 4, 1997.
    This approval removes the interim status of EPA's interim approval 
promulgated on October 24, 1997 (64 FR 32411).

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
final action is not a ``significant regulatory action'' and therefore 
is not subject to review by the Office of Management and Budget. This 
final 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 final 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 final 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 final 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 final 
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 final 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. 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. This rule is not a 
``major'' rule as defined by 5 U.S.C. 804(2). This rule will be 
effective June 6, 2001.
    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 July 6, 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, Intergovernmental relations, 
Ozone, Volatile organic compounds.


[[Page 22924]]


    Dated: December 15, 2000.
William J. Muszynski,
Acting Regional Administrator, Region 2.

    Part 52, 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 HH--New York

    2. Section 52.1670 is amended by adding new paragraph (c)(99) to 
read as follows:


Sec. 52.1670  Identification of plan.

* * * * *
    (c) * * *
* * * * *
    (99) Revisions to the New York State Implementation Plan (SIP) for 
the Motor Vehicle Inspection and Maintenance Program, submitted on 
March 6, 1996, May 24, 1999, October 7, 1999, October 29, 1999, and May 
22, 2000 by the New York State Department of Environmental 
Conservation.
    (i) Incorporation by reference. Revision to 6NYCRR Part 217, Motor 
Vehicle Emissions, Subparts 217-1, 217-2, and 217-4, that became 
effective on May 22, 1997 and revisions to 15NYCRR Part 79, Motor 
Vehicle Inspection, Sections 79.1-79.15, 79.17, 79.20, 79.21, 79.24-
79.26, that became effective on June 4, 1997.
    (ii) Additional material:
    (A) March 6, 1996, submittal of revisions to the enhanced motor 
vehicle inspection and maintenance program.
    (B) May 24, 1999, submittal of the demonstration of the 
effectiveness of New York's decentralized inspection and maintenance 
program network.
    (C) October 7, 1999, supplemental submittal of the demonstration of 
the effectiveness of New York's decentralized inspection and 
maintenance program network.
    (D) October 29, 1999, letter clarifying October 7, 1999, 
supplemental submittal.
    (E) May 22, 2000, Instrumentation/Protocol Assessment Pilot Study 
analysis of the NYTEST.

    3. In Sec. 52.1679, the table is amended by:
    a. Adding a new heading for ``Title 6'' to the beginning of the 
table;
    b. Revising the entry for part 217;
    c. Adding a new heading for ``Title 15'' and new entries for part 
79 to the end of the table.
    The revisions and entries read as follows:


Sec. 52.1679  EPA-approved New York State regulations.

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                                                                       Latest EPA approval
    New York State regulation            State effective date                  date                Comments
----------------------------------------------------------------------------------------------------------------
Title 6:
 
*                  *                  *                  *                  *                  *
                                                        *
Part 217, Motor Vehicle
 Emissions:
    Subpart 217-1, Motor Vehicle  May 22, 1997......................  May 7, 2001, 66 FR
     Enhanced Inspection and                                           22924.
     Maintenance Program
     Requirements.
    Subpart 217-2, Motor vehicle  May 22, 1997......................  May 7, 2001, 66 FR
     NY91 Inspection and                                               22924.
     Maintenance Program
     Requirements.
    Subpart 217-4, Inspection     May 22, 1997......................  May 7, 2001, 66 FR
     and Maintenance Program                                           22924.
     Audits.
 
*                  *                  *                  *                  *                  *
                                                        *
Title 15:
Part 79, Motor Vehicle
 Inspection:
    Sections 79.1-79.15, 79.17,   June 4, 1997......................  May 7, 2001, 66 FR
     79.20, 79.21, and 79.24-                                          22924.
     79.26.
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Sec. 52.1683  [Amended]

    4. Section 52.1683 is amended by removing and reserving paragraphs 
(b), (c), (d), and (e).
[FR Doc. 01-10429 Filed 5-4-01; 8:45 am]
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