[Federal Register Volume 66, Number 125 (Thursday, June 28, 2001)]
[Proposed Rules]
[Pages 34391-34394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16291]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN138-1; FRL-7003-7]


Approval and Promulgation of Implementation Plans; Indiana

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 Indiana Department of Environmental 
Management (IDEM) on June 8, 2000. The revised SIP pertains to the 
Indiana motor vehicle inspection and maintenance (I/M) program. The 
purpose of this action is to approve certain amendments to the Indiana 
program, which EPA originally approved on March 19, 1996 (61 FR 11142).

DATES: Written comments must be received on or before July 30, 2001.

ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    Copies of this SIP revision request are available for public 
inspection during normal business hours at the following address: U.S. 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
77 West Jackson Boulevard, Chicago, Illinois 60604. (It is recommended 
that you telephone Francisco J. Acevedo at (312) 886-6061 before 
visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Regulation 
Development Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, Telephone: (312) 886-6061, E-Mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``you'' 
and ``me'' refer to the reader of this proposed rulemaking and to 
sources subject to the State rule addressed by this proposed 
rulemaking, and the terms ``we,'' ``us,'' or ``our'' refer to the EPA.

Table of Contents

I. Background
    A. What is a State Implementation Plan (SIP)?
    B. What is the federal approval process for a SIP?
    C. What does federal approval of a state rule mean to me?
    D. What is the purpose of the Indiana I/M rule?
    E. What public review opportunities did Indiana provide for this 
rule?
II. Evaluation of the Rule
    A. What are the changes to the States I/M rule?
    B. Is this rule approvable?
III. Proposed Action
    What action is EPA proposing today?
IV. Administrative Requirements


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I. Background

A. What Is a State Implementation Plan (SIP)?

    Section 110 of the Clean Air Act (Act or CAA) requires states to 
develop air pollution control regulations and strategies to ensure that 
state air quality meets the national ambient air quality standards 
established by the EPA. Each state must submit the regulations and 
emission control strategies to the EPA for approval and promulgation 
into the federally enforceable SIP.
    Each federally approved SIP protects air quality primarily by 
addressing air pollution at its points of origin. The SIPs can be and 
generally are extensive, containing many state regulations or other 
enforceable documents and supporting information, such as emission 
inventories, monitoring documentation, and modeling (attainment) 
demonstrations.

B. What Is the Federal Approval Process for a SIP?

    In order for state regulations to be incorporated into the 
federally enforceable SIP, states must formally adopt the reuglations 
and emisison control strategies consistent with State and federal 
requirements. This process generally includes public notice, public 
hearings, public comment periods, and formal adoption by state-
authorized rulemaking bodies.
    Once a state has adopted a rule, regulation, or emissions control 
strategy it submits it to us for inclusion into the SIP. We must 
provide public notice and seek additional public comment regarding the 
proposed federal action on the state submission. If we receive adverse 
comments we address them prior to any final federal action (we 
generally address them in a final rulemaking action).
    The EPA incorporates into the federally approved SIP all state 
regulations and supporting information it has approved under section 
110 of the Act. Records of such SIP actions are maintained in the Code 
of Federal Regulations (CFR) at Title 40, Part 52, titled ``Aprpoval 
and Promulgation of Implementation Plans.'' The actual state 
regulations the EPA has approved are not reproduced in their entirety 
in the CFR, but are ``incorporated by reference,'' which means that EPA 
has approved a given state regulation (or rule) with a specific 
effective date.

C. What Does Federal Approval of a State Rule Mean to Me?

    Enforcement of a state rule before and after it is incorporated 
into a federally approved SIP is primarily a state responsibility. 
After the rule is federally approved, however, the CAA authorizes the 
EPA to take enforcement actions against violators. The CAA also offers 
citizens legal recourse to address violations, as provided in section 
304 of the Act.

D. What Is the Purpose of the Indiana I/M Rule?

    Indiana's I/M requirements contained in 326 IAC 13-1.1 provide for 
emission standards and testing criteria for motor vehicles in Lake, 
Porter, Clark, and Floyd Counties. These counties are designated as 
``nonattainment'' for ozone. Owners and operators of motor vehicles 
subject to Indiana's I/M program are required to maintain their motor 
vehicles and related air pollution related equipment in good working 
order and to have their vehicles' emissions checked every two years. 
The emissions testing program is a requirement of the Clean Air Act, 
and has been in place in these Indiana counties since 1984. On March 
19, 1996 (61 FR 11142), EPA approved an upgrade to the Indiana I/M 
program as required by the Act. On June 8, 2000, Indiana submitted 
amendments to the I/M rule as a revision to the SIP for the purpose of 
updating program requirements gained from experience gained in the 
implementation of the Indiana program.

E. What Public Review Opportunities Did Indiana Provide for this Rule?

    Indiana held a public hearing on the I/M rule on November 4, 1998, 
in Indianapolis, Indiana. The Indiana Air Pollution Control Board 
adopted final rules on December 2, 1998. The rule revisions became 
effective January 22, 1999, and were formally submitted to EPA on June 
8, 2000, as a revision to the Indiana SIP for ozone.

II. Evaluation of the Rule

A. What Are the Changes to the State's I/M Rule?

1. Exemption of the Current Calendar Year Model Vehicle Plus the Three 
(3) Previous Model Year Vehicles From Emission Testing
    The first change, at 326 IAC 13-1.1-2 (Applicability), specifically 
exempts the current calendar year's model plus the three (3) previous 
model year vehicles from emissions testing requirements, instead of 
only the most recent model year, as required in the original rule 
approved by EPA on March 19, 1996.
    Test records for the Indiana program indicate that motor vehicles 
four (4) years old or newer have a failure rate of five tenths (0.5) 
percent compared to an average failure rate of thirteen and nine-tenths 
(13.9) percent for remaining vehicles tested. Indiana has determined 
that making this change will make the testing more efficient because 
newer cars, which have an extremely low failure rate, will not be 
unnecessarily tested. Further, cars which are required to be tested 
will have a reduced waiting time and increased accessability to test 
sites. This exemption of model years from emission testing is 
permissible, as long as the state can demonstrate that the program 
meets the performance standard for I/M programs as contained in 40 CFR 
51.351 and 51.352. We have evaluated this change to the program using 
EPA's mobile source emission factor model (Mobile5b) and have 
determined that the program still meets the performance standard 
required for the Indiana program.
2. A Shortened Vehicle Emission Test
    The second change provides for the use of a shortened vehicle 
emission test for gasoline powered, light and medium duty motor 
vehicles of model year 1981 through the current calendar year model. 
The original rule EPA approved on March 19, 1996 (61 FR 11142) 
specified the use of the 240-second transient vehicle emission test 
known as the ``IM240 test.'' The new shorter test uses the first 93-
second test cycle of the IM240 test and is known as the ``IM93 test.'' 
Indiana includes the authority for both test types in 326 IAC 13-1.1-7. 
Both tests types are consistent with the requirements of the federal I/
M requirements at 40 CFR 51.357.
    IDEM has recently conducted a formal correlation study to compare 
the IM240 and the IM93 vehicle emissions tests in order to demonstrate 
that the shortened duration test is as effective in identifying 
vehicles with excessive emissions and quantifying the associated 
emission reductions. This will be determined once the state completes 
the correlation study and formally submits the results to EPA.
3. Testing of Vehicles Equipped With Second Generation On-board 
Diagnostics Systems (OBDII)
    The third change adds provisions for the testing of vehicles 
equipped with second generation on-board diagnostics systems (OBDII) at 
326 IAC 13-1.1-7 (Testing Parameter). OBDII computers monitor and 
actively perform diagnostics tests, looking at engine parameters such 
as air to fuel ratio and engine temperature. In vehicles equipped with 
OBDII systems, a malfunction indicator light illuminates if a system or 
component either fails or

[[Page 34393]]

deteriorates to the point where vehicle emissions could rise above one 
and one-half time the federal emission standards. OBDII systems are to 
be inspected as part of both IM240 and IM93 emission tests. Also at 326 
IAC 13-1.1-8 (Testing Procedures and Standards), Indiana added OBDII 
equipment as one of several pieces of equipment that must be inspected 
and in working order before an emissions inspection will be performed. 
Furthermore, Indiana added a new section to provide for the testing of 
OBDII systems per EPA requirements. The new section at 326 IAC 13-1.1-
17.1 (On-board diagnostics check), incorporates by reference federal 
requirements at 40 CFR part 51, subpart S, ``Requirements for 
Preparation, Adoption, and Submittal of Implementation Plans'' and 40 
CFR part 85, subpart W, Control of Air Pollution From Motor Vehicles 
and Motor Vehicle Engines. The key elements of the Indiana OBDII system 
check requirements are a check of the self diagnostic system to 
determine that it is functioning properly and has not been tampered 
with, a specification of the test sequence for the inspection of on-
board diagnostic systems, and a specification of the test result 
provided with the on-board diagnostic test.
4. Elimination of the Off-cycle Test Currently Required When There Is a 
Change in Possession of Motor Vehicle Titles
    The fourth change eliminates the off-cycle emission test originally 
required when there was a change in possession of motor vehicle titles. 
Indiana's program currently provides for vehicle emissions testing 
every two years. By requiring that motorists present a certificate of 
compliance for emission testing only during the year that testing is 
required based on their vehicle's model year in order to obtain 
registration, motorists can avoid having to unnecessarily test their 
vehicle multiple times during a single test cycle. This section meets 
the federal I/M requirements for test frequency and convenience found 
in 40 CFR 51.355.
5. Certified Inspection and Maintenance Emissions Repair Technician
    The fifth change at 326 IAC 13-1.1-1 (Definitions) and 326 IAC 13-
1.1-10 (Waivers and Compliance through Diagnostic Inspection) clarifies 
what is required of a repair shop and technician to become I/M 
certified, and makes clear that IDEM can rescind certification of a 
repair technician if he or she does not maintain the training or 
equipment requirements. The existing rule requires that repairs be 
performed by a certified repair technician in order to be considered in 
a waiver request. This section meets the requirements for inspector 
training and licences or certification found in 40 CFR 51.367
6. Vehicle Retest Limit
    The sixth change in 326 IAC 13-1.1-10 (Waivers and Compliance 
through Diagnostic Inspection) sets a limit of four additional times 
that a vehicle may be tested after initial failure. A vehicle cannot be 
tested a fifth time until the type of repairs or modifications 
necessary has been evaluated by IDEM and the I/M contractor. This is 
intended to address those instances where motorists bring a failed 
vehicle in for multiple retests, even if minimal repairs have been 
made. This section meets the Federal I/M requirements for vehicle 
retesting found in 40 CFR 51.357.
7. Changes in the ``Definitions'' Section
    Indiana has made some additional changes in 326 IAC 13-1.1-1 
(Definitions), including amendments to the definitions of ``light duty 
motor vehicle;'' ``medium duty motor vehicle;'' and ``heavy duty motor 
vehicle.'' These changes do not affect the vehicle coverage 
requirements found in 40 CFR 51.356 which requires that light duty 
vehicles and light duty trucks rated up to 8,500 pounds gross vehicle 
weight rating be included in the program. In addition to the changes 
mentioned above, Indiana has added several definitions to address 
changes made in the other sections of the rule.
    The rest of the changes to the rule are administrative in nature 
and are intended to enhance the clarity of the I/M rule, or improve the 
operation of the I/M program.

B. Is This Rule Approvable?

    Our review of the material submitted indicates that the changes 
made to the Indiana I/M program addresses the Federal I/M program 
requirements. These rule revisions are, therefore, approvable.

III. Proposed Action

What Action Is EPA Proposing Today?

    The EPA is proposing to approve Indiana's I/M SIP revision 
submitted by Indiana on June 8, 2000. The SIP revision amends certain 
program elements of Indiana's motor vehicle inspection and maintenance 
requirements.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. This proposed action merely proposes to approve state law as 
meeting federal requirements and imposes no additional requirements 
beyond those imposed by state law. Accordingly, the Administrator 
certifies that this proposed 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 proposes to 
approve 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). This proposed 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 proposes to approve 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 
proposed 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 proposed rule, EPA has taken the

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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 proposed 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, Volatile organic 
compounds, Ozone.

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

    Dated: June 19, 2001.
David A. Ullrich,
Acting Regional Administrator, Region 5.
[FR Doc. 01-16291 Filed 6-27-01; 8:45 am]
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