[Federal Register Volume 66, Number 113 (Tuesday, June 12, 2001)]
[Rules and Regulations]
[Pages 31544-31545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13779]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. NJ43-219; FRL-6990-4]


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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) has found that the 
State of New Jersey has implemented the enhanced Inspection and 
Maintenance (I/M) program. EPA, therefore, is terminating all sanctions 
clocks related to the implementation of the New Jersey enhanced I/M 
program upon the effective date of this document. This action also 
reinstates the interim approval granted under Section 348 of the 
National Highway Systems Designation Act of the enhanced I/M program. 
The interim approval became effective on December 13, 1999.

EFFECTIVE DATE: This rule will be effective July 12, 2001.

ADDRESSES: Copies of the documents relevant to this action 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 Jersey Department of Environmental Protection, Office of Air 
Quality Management, Bureau of Air Pollution Control, 401 East State 
Street, CN027, Trenton, New Jersey 08625; 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. What Is EPA Taking Action On?

    On November 19, 1999, New Jersey notified EPA by letter that the 
mandatory enhanced I/M program would be implemented on December 13, 
1999. EPA had been working closely with the State during the phase-in 
period of the enhanced I/M program and agreed that the State would have 
the program implemented on December 13, 1999. Therefore, on December 
17, 1999 (64 FR 70659), EPA proposed to find that the State of New 
Jersey had implemented its enhanced I/M program by December 13, 1999. 
EPA also proposed to reinstate the interim approval under Section 348 
of the NHSDA of the enhanced I/M program effective on December 13, 
1999.
    Also in the December 17, 1999 Federal Register, EPA published an 
interim final rule (64 FR 70593), which stayed the application of the 
offset sanction and deferred the highway sanction as of December 13, 
1999. Although the State of New Jersey had numerous start-up problems, 
the program was implemented and is currently operational. A description 
of EPA's rationale for our proposed action was presented in the 
proposal and will not be restated here. No public comments were 
received on the proposal.

II. Final Action

    Upon the effective date of today's action, all sanctions clocks 
related to the implementation of New Jersey's enhanced I/M program are 
terminated. In addition, the interim approval of New Jersey's enhanced 
I/M program is reinstated. Since approximately six months of the 
interim period had passed by December 12, 1997, the State had the 
remaining 12 months of the interim approval period to demonstrate their 
I/M program's test and repair network effectiveness. On December 13, 
2000, New Jersey submitted their I/M program's test and repair network 
effectiveness demonstration.

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

[[Page 31545]]

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). This final rule also does not have a 
substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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 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. 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). This rule will be effective July 12, 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 August 13, 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, Intergovernmental relations, Ozone, Volatile organic 
compounds.

    Dated: May 9, 2001.
William J. Muszynski,
Acting Regional Administrator, Region 2.
[FR Doc. 01-13779 Filed 6-11-01; 8:45 am]
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