[Federal Register Volume 67, Number 14 (Tuesday, January 22, 2002)]
[Rules and Regulations]
[Pages 2811-2814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1345]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region 2 Docket No. NJ49-235 FRL-7127-8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by New Jersey that consists of two elements necessary for EPA 
to grant final full approval of New Jersey's enhanced motor vehicle 
inspection and maintenance (I/M) program. The first element provides 
the State's final submittal for compliance with the National Highway 
Systems Designation Act (NHSDA), which allowed states to claim 
additional credit for their decentralized inspection and maintenance 
programs, provided they could validate that credit claim with actual 
program implementation data. The second element revises New Jersey's 
performance standard modeling to reflect the State's enhanced I/M 
program as it is currently implemented. This element satisfies a 
condition of EPA's May 14, 1997 conditional interim approval of New 
Jersey's enhanced I/M program SIP. The intended effect of this action 
is to approve the two evaluations of the enhanced I/M program, in 
addition to prior minor revisions to the enhanced I/M SIP, and to grant 
final full approval of the program. The enhanced I/M program will 
result in emission reductions that will help achieve attainment of the 
one-hour ozone standard and carbon monoxide standard.

EFFECTIVE DATE: This rule will be effective February 21, 2002.

ADDRESSES: Copies of the state submittal(s) are available at the 
following addresses for inspection during normal business hours: 
Environmental Protection Agency, Region 2 Office, Air Programs Branch, 
290 Broadway, 25th Floor, New York, New York 10007-1866. Environmental 
Protection Agency, Air and Radiation Docket and Information Center, Air 
Docket (6102), 401 M Street, SW., Washington, DC 20460. New Jersey 
Department of Environmental Protection, Bureau of Air Quality Planning, 
401 East State Street, CN027, Trenton, New Jersey 08625.

FOR FURTHER INFORMATION CONTACT: Kenneth M. Champagne, Air Programs 
Branch, 290 Broadway, 25th Floor, New York, NY 10007-1866, (212) 637-
4249.

SUPPLEMENTARY INFORMATION:

Background

    On September 11, 2001 (66 FR 47130), EPA published a notice of 
proposed rulemaking regarding a State Implementation Plan (SIP) 
revision submitted by the State of New Jersey. The notice proposed to 
approve revisions to New Jersey's enhanced I/M SIP, and to grant final 
full approval of the program. The SIP revision was proposed under a 
procedure called parallel processing, whereby EPA proposes a rulemaking 
action concurrently with a state's procedures for amending its 
regulations. The proposed SIP revision was initially submitted to EPA 
on May 4, 2001, and the final SIP revision was formally submitted on 
August 20, 2001. A detailed description of New Jersey's submittals and 
EPA's rationale for the proposed action were presented in the September 
11, 2001 proposal, referenced above, and will not be restated here.

Public Comments/Response to Comments

    On October 16, 2001 (66 FR 52560), EPA published a notice extending 
the comment period for the September 11, 2001 proposal for an 
additional thirty days. This action was necessary due to the tragic 
events of September 11, 2001 and the resulting temporary closure of the 
Region 2 office of the EPA in New York City and the disruption of mail 
delivery and telephone service. It should be noted that EPA did not 
receive any comments associated with the proposed approval of New 
Jersey's enhanced I/M program.

Conclusion

    EPA is taking final action to approve New Jersey's August 20, 2001 
SIP revision, which contained the remaining elements necessary to grant 
final full approval of the State's enhanced I/M program. EPA's 
authority to approve New Jersey's enhanced I/M program is set forth at 
sections 110 and 182 of the Clean Air Act. In accordance with the 
parallel processing procedures, EPA has

[[Page 2812]]

evaluated New Jersey's final SIP revision submitted on August 20, 2001, 
and finds that no substantial changes were made from the proposed SIP 
revision submitted on May 4, 2001. EPA agrees with New Jersey's 
responses to those comments it received which are related to the 
enhanced I/M program as an element of the State's SIP.
    Based on the analyses included in New Jersey's August 20, 2001 
submittal, EPA concludes that the State's NHSDA evaluation validates 
New Jersey's 80% decentralized test and repair effectiveness rate 
credit claim. New Jersey's evaluation uses actual program 
implementation data to show that the decentralized portion of the 
network is at least 80% as effective as its centralized program, as the 
State previously claimed. EPA also concludes, based on New Jersey's 
performance standard modeling which reflects the State's enhanced I/M 
program as it is currently implemented, that the State's program meets 
the low enhanced performance standard. Based on these conclusions, EPA 
is approving New Jersey's August 20, 2001 SIP revision.
    EPA is also approving the final and complete test equipment 
specifications, test procedures and emission standards that New Jersey 
submitted to satisfy conditions of EPA's May 14, 1997 interim approval. 
New Jersey made a revision to its SIP on January 31, 1997 which 
contained those required elements.
    EPA is finding that New Jersey's December 14, 1998, SIP revision 
submittal adequately remedies the eight de minimus deficiencies 
previously identified.
    Finally, as a consequence of EPA's conclusions regarding the 
approvability of the elements summarized above, EPA is changing the 
conditional interim status of the approval of New Jersey's enhanced I/M 
program to final approval.

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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
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). This action also does not have Federalism 
implications because it does 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). This action 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 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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. 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).
    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 March 25, 2002. 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, 
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, 
Volatile organic compounds.

    Dated: December 21, 2001.
William J. Muszynski,
Deputy 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 FF--New Jersey

    2. Section 52.1570 is amended by adding new paragraph (c)( 71) to 
read as follows:


Sec. 52.1570  Identification of plan.

* * * * *
    (c) * * *
    (71) Revisions to the New Jersey State Implementation Plan (SIP) 
concerning the Enhanced Inspection and Maintenance Program, submitted 
on August 20, 2001 by the New Jersey State

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Department of Environmental Protection (NJDEP).
    (i) Incorporation by reference:
    (A) Amendments to Title 7, Chapter 27 of the New Jersey 
Administrative Code (NJAC) Subchapter 15, ``Control and Prohibition of 
Air Pollution From Gasoline-Fueled Motor Vehicles,'' effective November 
15, 1999.
    (B) Amendments to Title 7, Chapter 27B of the NJAC Subchapter 4, 
``Air Test Method 4: Testing Procedures for Motor Vehicles,'' effective 
November 15, 1999.
    (C) Amendments to Title 13, Chapter 20 of the NJAC Subchapter 28, 
``Inspection of New Motor Vehicles'' (Sections: 28.3, 28.4, 28.6), 
effective December 6, 1999.
    (D) Title 13, Chapter 20 of the NJAC: Subchapter 7, ``Vehicle 
Inspection'' (Sections: 7.1, 7.2, 7.3, 7.4, 7.5, 7.6); Subchapter 24, 
``Motorcycles'' (Section: 24.20); Subchapter 26, ``Compliance With 
Diesel Emission Standards and Equipment, Periodic Inspection Program 
for Diesel Emissions, and Self-Inspection of Certain Classes of Motor 
Vehicles'' (Section: 26.16); Subchapter 29, ``Mobile Inspection Unit'' 
(Sections: 29.1, 29.2, 29.3); Subchapter 32, ``Inspection Standards and 
Test Procedures To Be Used By Official Inspection Facilities''; 
Subchapter 33, ``Inspection Standards and Test Procedures To Be Used By 
Licensed Private Inspection Facilities''; Subchapter 43, ``Enhanced 
Motor Vehicle Inspection and Maintenance Program''; Subchapter 44, 
``Private Inspection Facility Licensing''; and Subchapter 45, ``Motor 
Vehicle Emission Repair Facility Registration'', effective December 6, 
1999.
    (E) Title 13, Chapter 21 Subchapter 5, ``Registrations'' (Section: 
5.12) and Subchapter 15, ``New Jersey Licensed Motor Vehicle Dealers'' 
(Section: 15.7), effective December 6, 1999.
* * * * *
    3. In Sec. 52.1605 the table is amended:
    a. Revising under Title 7, Chapter 27, the entry for Subchapter 15.
    b. Revising under Title 7, Chapter 27B, the entry for Subchapter 4.
    c. Revising under Title 13, Chapter 20, the entry for Subchapter 
28.
    d. Adding new entries for Subchapters 7, 24, 26, 29, 32, 33, 43, 
44, and 45 in numerical order under Title 13, Chapter 20.
    e. Adding new Chapter 21 under Title 13 and new entries for 
Subchapters 5 and 15 in numerical order under Chapter 21.
    The revisions and additions read as follows:


Sec. 52.1605  EPA--approved New Jersey regulations.

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           State regulation              State effective date      EPA approved date             Comments
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                 *            *            *            *            *            *            *
Title 7, Chapter 27
 
                  *            *            *            *          *            *            *
Subchapter 15, ``Control and           Nov. 15, 1999..........  January 22, 2002,
 Prohibition of Air Pollution From                               [Insert FR page
 Gasoline-Fueled Motor Vehicles.''                               citation].
 
                 *            *            *            *            *            *            *
Chapter 27B
 
                 *            *            *            *            *            *            *
Subchapter 4, ``Air Test Method 4:     Nov. 15, 1999..........  January 22, 2002,
 Testing Procedures for Motor                                    [Insert FR page
 Vehicles.''                                                     citation].
 
                 *            *            *            *            *            *            *
Title 13, Chapter 20
Subchapter 7, ``Vehicle Inspection.''  Dec. 6, 1999...........  January 22, 2002
                                                                 [Insert FR page
                                                                 citation].
    Sections: 7.1, 7.2, 7.3, 7.4,
     7.5, 7.6.
Subchapter 24, ``Motorcycles.''......  Dec. 6, 1999...........  January 22, 2002
                                                                 [Insert FR page
                                                                 citation].
    Section: 24.20.
Subchapter 26, ``Compliance With       Dec. 6, 1999...........  January 22, 2002
 Diesel Emission Standards and                                   [Insert FR page
 Equipment, Periodic Inspection                                  citation].
 Program for Diesel Emissions, and
 Self-Inspection of Certain Classes
 of Motor Vehicles.''
    Section: 26.16.
Subchapter 28, ``Inspection of New     Dec. 6, 1999...........  January 22, 2002
 Motor Vehicles.''.                                              [Insert FR page
                                                                 citation].
    Sections: 28.3, 28.4, 28.6.
Subchapter 29, ``Mobile Inspection     Dec. 6, 1999...........  January 22, 2002
 Unit.''                                                         [Insert FR page
                                                                 citation].
    Sections: 29.1, 29.2, 29.3.
Subchapter 32, ``Inspection Standards  Dec. 6, 1999...........  January 22, 2002
 and Test Procedures To Be Used By                               [Insert FR page
 Official Inspection Facilities.''                               citation].
Subchapter 33, ``Inspection Standards  Dec. 6, 1999...........  January 22, 2002
 and Test Procedures To Be Used By                               [Insert FR page
 Licensed Private Inspection                                     citation].
 Facilities.''
Subchapter 43, ``Enhanced Motor        Dec. 6, 1999...........  January 22, 2002
 Vehicle Inspection and Maintenance                              [Insert FR page
 Program.''                                                      citation].
Subchapter 44, ``Private Inspection    Dec. 6, 1999...........  January 22, 2002
 Facility Licensing.''.                                          [Insert FR page
                                                                 citation].
Subchapter 45, ``Motor Vehicle         Dec. 6, 1999...........  January 22, 2002
 Emission Repair Facility                                        [Insert FR page
 Registration.''                                                 citation].
Chapter 21

[[Page 2814]]

 
Subchapter 5, ``Registrations.''.....  Dec. 6, 1999...........  January 22, 2002
                                                                 [Insert FR page
                                                                 citation].
    Section: 5.12.
Subchapter 15, ``New Jersey Licensed   Dec. 6, 1999...........  January 22, 2002
 Motor Vehicle Dealers.''                                        [Insert FR page
                                                                 citation].
    Section: 15.7.
 
                 *            *            *            *            *            *            *
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[FR Doc. 02-1345 Filed 1-18-02; 8:45 am]
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