[Federal Register Volume 67, Number 41 (Friday, March 1, 2002)]
[Proposed Rules]
[Pages 9425-9427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4940]



[[Page 9425]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[UT-001-0038, UT-001-0039, UT-001-0040; FRL-7151-5]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Vehicle Inspection and Maintenance Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On August 14, 2001 and on August 15, 2001, the Governor of 
Utah submitted revisions to the State Implementation Plan (SIP) 
affecting the State's motor vehicle Inspection and Maintenance (I/M) 
programs. The August 14, 2001, submittal revised Utah's Rule R307-110-
33, Section X, Vehicle Inspection and Maintenance Program, Part C, Salt 
Lake County to allow Salt Lake County to take 100% credit for their 
test and repair vehicle I/M network, rather than the previously 
required EPA default of a 50% emissions reduction credit. The August 
15, 2001, submittal revises Utah's Rule R307-110-31, Section X, Vehicle 
Inspection and Maintenance Program, Part A, General Requirements and 
Applicability to require mandatory implementation of the inspection of 
vehicle On-Board Diagnostic (OBD) systems starting January 1, 2002. In 
this action, EPA is proposing approval of the revisions to Utah's Rule 
R307-110-33 and Rule R307-110-31.

DATES: Written comments must be received on or before April 1, 2002.

ADDRESSES: Written comments may be mailed to Richard R. Long, Director, 
Air and Radiation Program, Mail code 8P-AR, 999 18th Street, Suite 300, 
Denver, Colorado, 80202. Copies of the documents relevant to this 
action are available for public inspection during normal business hours 
at the United States Environmental Protection Agency, Region VIII, Air 
and Radiation Program, 999 18th Street, Suite 300, Denver, Colorado, 
80202 and copies of the Incorporation by Reference material are 
available at the United States Environmental Protection Agency, Air and 
Radiation Docket and Information Center, 401 M Street, SW, Washington, 
DC 20460. Copies of the State documents relevant to this action are 
available for public inspection at the Utah Department of Environmental 
Quality, Division of Air Quality, 150 North 1950 West, Salt Lake City, 
Utah 84114.

FOR FURTHER INFORMATION CONTACT: Kerri Fiedler, EPA, Region VIII, (303) 
312-6493.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``our,'' or ``us'' is used, we mean EPA.

Table of Contents

I. Summary of EPA's proposed action
II. What is the State's process to submit these materials to EPA?
    A. R307-110-33, Section X, Vehicle Inspection and Maintenance 
Program, Part C, Salt Lake County 
    B. R307-110-31, Section X, Vehicle Inspection and Maintenance 
Program, Part A, General Requirements and Applicability 
III. Evaluation of the State's submittals
    A. R307-110-33, Section X, Vehicle Inspection and Maintenance 
Program, Part C, Salt Lake County 
    B. R307-110-31, Section X, Vehicle Inspection and Maintenance 
Program, Part A, General Requirements and Applicability 
IV. Request for public comment
V. Administrative requirements

I. Summary of EPA's Proposed Action

    We are proposing to approve revisions to the SIP that were 
submitted by the Governor of Utah on August 14, 2001 and August 15, 
2001. The August 14, 2001, submittal updates Utah's Rule R307-110-33, 
Section X, Vehicle Inspection and Maintenance Program, Part C, Salt 
Lake County. Specifically, this revision allows Salt Lake County to 
receive full credit (100%) for its test and repair vehicle Inspection 
and Maintenance (I/M) network. Salt Lake County has demonstrated that 
its test and repair I/M network is as effective as a test only I/M 
network and is eligible to take full emission reduction credit rather 
than the previously required EPA default of a 50% emissions reduction 
credit.
    The August 15, 2001, submittal updates Utah's Rule R307-110-31, 
Section X, Vehicle Inspection and Maintenance Program, Part A, General 
Requirements and Applicability. This revision requires the mandatory 
implementation of the inspection of vehicle On-Board Diagnostic (OBD) 
systems starting January 1, 2002 in all areas implementing an I/M 
program. Therefore, this requirement is applicable for Davis County, 
Salt Lake County, Utah County, and Weber County. As a convenience to 
vehicle owners, Davis, Utah, and Weber Counties are already 
implementing this program. Salt Lake County will begin implementing the 
program on January 1, 2002.

II. What Is the State's Process To Submit These Materials to EPA?

    Section 110(k) of the Clean Air Act (CAA) addresses our actions on 
submissions of revisions to a State Implementation Plan (SIP). The CAA 
requires States to observe certain procedural requirements in 
developing SIP revisions for submittal to us. Section 110(a)(2) of the 
CAA requires that each SIP revision be adopted by the State, after 
reasonable notice and public hearing, and prior to the revision being 
submitted by a State to us.

A. R307-110-33, Section X, Vehicle Inspection and Maintenance Program, 
Part C, Salt Lake County

    The Utah Air Quality Board (UAQB) held a public hearing on June 21, 
2001, to include in the Salt Lake County SIP element a demonstration 
that Salt Lake County's test and repair I/M network is as effective as 
a test only I/M network, and allow the County to claim 100% credit 
instead of 50% credit in emissions reduction. The UAQB adopted the 
revisions to R307-110-33, Section X, Vehicle Inspection and Maintenance 
Program, Part C, Salt Lake County on August 1, 2001. This SIP revision 
became State effective on August 2, 2001, and was submitted by the 
Governor of Utah to us on August 14, 2001.

B. R307-110-31, Section X, Vehicle Inspection and Maintenance Program, 
Part A, General Requirements and Applicability

    The UAQB held a public hearing on June 21, 2001, to consider 
amendments to postpone the Federally required inspection of the OBD 
systems on newer vehicles, because the Federal implementation date had 
been postponed until January 1, 2002 (66 FR 18156). The UAQB adopted 
the revisions to R307-110-31, Section X, Vehicle Inspection and 
Maintenance Program, Part A, General Requirements and Applicability on 
August 1, 2001. This SIP revision became State effective on August 2, 
2001, and was submitted by the Governor of Utah to us on August 15, 
2001.
    We have evaluated the Governor's submittals and have determined 
that the State met the requirements for reasonable notice and public 
hearing under section 110(a)(2) of the CAA. As required by section 
110(k)(1)(B) of the CAA, we reviewed these SIP revision materials for 
conformance with the completeness criteria in 40 CFR part 51, appendix 
V and determined that the Governor's submittals were administratively 
and technically

[[Page 9426]]

complete. Our completeness determination was sent on October 18, 2001, 
through a letter from Jack W. McGraw, Acting Regional Administrator, to 
Governor Michael O. Leavitt.

III. Evaluation of the State's Submittal

A. R307-110-33, Section X, Vehicle Inspection and Maintenance Program, 
Part C, Salt Lake County

    In this action, we are proposing to approve revisions to Utah's 
Rule R307-110-33, Section X, Vehicle Inspection and Maintenance 
Program, Part C, Salt Lake County, as adopted by the UAQB on August 1, 
2001, and State effective on August 2, 2001. The Salt Lake County 
vehicle I/M program is in place to reduce vehicle emissions so that the 
Federal carbon monoxide National Ambient Air Quality Standard (NAAQS) 
and the Federal 1-hour ozone NAAQS are not exceeded. The changes in 
Rule R307-110-33 involve a demonstration that Salt Lake County's test 
and repair I/M network is as effective as a test only I/M network.
    With respect to the CAA Amendments of 1990, we designated Salt Lake 
County nonattainment for the 1-hour ozone NAAQS and we also designated 
Salt Lake City nonattainment for the carbon monoxide NAAQS (see 56 FR 
56694, November 6, 1991). Based on the above, section 182(b)(4) of the 
CAA required Salt Lake County to implement an I/M program at least as 
effective as EPA's Basic Performance Standard as specified in 40 CFR 
51.352. We note that Salt Lake County was redesignated to attainment 
for the 1-hour ozone NAAQS on July 17, 1997 (see 62 FR 38213) and was 
redesignated to attainment for the carbon monoxide NAAQS on January 22, 
1999 (see 64 FR 3216). The associated EPA-approved maintenance plans 
for both of the redesignations, however, continue to rely, in part, on 
the implementation of the I/M program for the necessary emission 
reductions used in the maintenance demonstrations.
    On July 24, 2000, we promulgated, ``Additional Flexibility 
Amendments to Vehicle Inspection Maintenance Program Requirements; 
Amendment to the Final Rule'' (see 65 FR 45526) which removed the 
mandatory I/M rule provision establishing the decentralized, test and 
repair I/M network credit discount of 50% from 40 CFR 51.353(b). This 
new rule (65 FR 45526) requires that the State achieve the same (or 
better) level of emission reduction as the performance standard as 
described in 40 CFR 51.352 Basic I/M performance standard. Salt Lake 
County's Basic I/M program was last approved by us on July 17, 1997, as 
published in our final rule redesignating Salt Lake County to 
attainment for the Federal 1-hour ozone standard (62 FR 38213). Salt 
Lake County has provided a demonstration that their test and repair I/M 
network achieves the same level of emission reduction as the Federal 
performance standard (40 CFR 51.352). Our final rule published in 65 FR 
45526 also requires that the adequacy of this demonstration be judged 
by the Administrator on a case-by-case basis through notice-and-comment 
rulemaking. We have determined Salt Lake County's demonstration is 
adequate to claim 100% emission reduction credit and today's notice 
satisfies the notice-and-comment rulemaking provisions from 65 FR 
45526.
    Based on the above EPA July 24, 2000, action, Salt Lake County used 
EPA's mobile source emissions model, MOBILE5, to model the performance 
standard of their I/M program. This demonstration used the current, 
EPA-approved MOBILE5 model and not the new MOBILE6 emissions model 
since the latter has not been officially released. The MOBILE5 model 
uses emission factors, given information about the fleet, climate, fuel 
characteristics, and I/M programs in a local area to calculate grams of 
a particular pollutant per vehicle mile traveled across the vehicle 
fleet in an area. Salt Lake County's modeling demonstrates compliance 
with both the Federal Basic I/M performance standard (40 CFR 51.352) 
and the Salt Lake/Davis Counties' Ozone Maintenance Plan Basic I/M 
performance standard (62 FR 38213).
    Salt Lake County also evaluated the effectiveness of their test and 
repair I/M program to two other comparable programs. These other 
programs were the State of Minnesota's test only I/M program and Utah 
County's test and repair I/M program, the latter of which we have 
granted interim approval of full credit for their I/M program (see 62 
FR 31349, June 9, 1997). Taking into consideration that:
    (a) Approximately 45% of the initial Salt Lake County I/M tests are 
performed at test only facilities,
    (b) Salt Lake County's Vehicle Emissions Certification process for 
technicians,
    (c) Salt Lake County's I/M network utilizes a real time data base,
    (d) the performance results of covert and overt audits and fail 
rate comparisons, and
    (e) the results of the comparisons to the State of Minnesota and 
Utah County I/M programs conclude that Salt Lake County's test and 
repair I/M program is as effective as a test only I/M program.
    Therefore, based on our review of the above analyses, we have 
determined that Salt Lake County is eligible to take full (100%) 
emission reduction credit for their test and repair I/M program rather 
than the previously required 50% reduction in emission credit.
    We are proposing to approve Utah's SIP revision to Rule R307-110-
33, Section X, Vehicle Inspection and Maintenance Program, Part C, Salt 
Lake County. Our proposed approval is based on the demonstration that 
Salt Lake County's test and repair network is as effective as a test 
only network and our above-referenced July 24, 2000, rulemaking (see 65 
FR 45526) that deleted our prior requirement of an automatic 50% credit 
discount for decentralized test and repair I/M programs.

B. R307-110-31, Section X, Vehicle Inspection and Maintenance Program, 
Part A, General Requirements and Applicability

    In this action, we are also proposing to approve SIP revisions to 
Utah's Rule R307-110-31, Section X, Vehicle Inspection and Maintenance 
Program, Part A, General Requirements and Applicability, as adopted by 
the Utah Air Quality Board on August 1, 2001, and State effective on 
August 2, 2001.
    The Governor had previously submitted a revision to Rule R307-110-
31 on February 22, 1999, that we did not take any action on. The 
February 22, 1999 submittal committed the State of Utah to implement 
testing of vehicle OBD systems by January 1, 2001, as was required by 
40 CFR part 51, subpart S Inspection/Maintenance Program Requirements. 
On April 5, 2001, we extended the Federal date for mandatory 
implementation of the inspection of vehicle OBD systems, in 40 CFR part 
51, subpart S, to January 1, 2002 (see 66 FR 18156). The Governor's 
August 15, 2001 submittal meets the requirements of our April 5, 2001 
rulemaking (see 66 FR 18156) and supersedes and replaces the previous 
SIP revision to Rule R307-110-31 submitted by the Governor on February 
22, 1999. The Governor's August 15, 2001, SIP revision simply 
incorporates the Federal OBD rule change.
    Motor vehicle I/M programs are in place to reduce vehicle emissions 
so that the Federal carbon monoxide NAAQS and the 1-hour ozone NAAQS 
are not exceeded. Vehicle OBD systems monitor emission related 
components for malfunction, assuring proper emission control system 
operations. Our regulations require OBD inspections of

[[Page 9427]]

all 1996 model year and later light-duty vehicles and light-duty 
trucks, rated up to 8,500 pounds Gross Vehicle Weight Rating.
    Today's vehicles use computers to direct engine control systems 
such as fuel and ignition. Sensors and actuators sense the operation of 
specific components (oxygen sensor) and actuate others (fuel injector) 
to maintain optimal engine performance. An on-board computer, known as 
a ``powertrain control module'' or an ``engine control unit,'' controls 
these systems. Using proper diagnostic software, the on-board computer 
can also monitor the operation of the sensors and actuators. The 
sensors, actuators, and diagnostic software comprise the OBD system. 
With the above equipment, the on-board computer can detect an engine 
malfunction or deterioration of the various sensors and actuators well 
before the driver notices poor vehicle performance.
    OBD systems can detect problems which may not be noticeable by a 
visual inspection, because many component failures impacting a 
vehicle's emissions may be electrical. By detecting these emission 
equipment related failures and alerting the driver, vehicles can be 
repaired and returned to their proper emissions performance.
    When the OBD system detects a problem, it stores a ``Diagnostic 
Trouble Code'' in the computer's memory. The computer then illuminates 
a dashboard light indicating ``Check Engine.'' Once alerted, the 
vehicle owner should take the vehicle to a repair shop. A service 
technician can quickly retrieve the stored diagnostic trouble code from 
the vehicle's computer memory. The diagnostic trouble code specifically 
identifies the problem, allowing the technician to quickly perform 
repairs. Vehicle OBD systems allow for early diagnosis of emission 
control malfunction.
    In this action, we are proposing to approve Utah's SIP revision to 
Rule R307-110-31, Section X, Vehicle Inspection and Maintenance 
Program, Part A, General Requirements and Applicability, which commits 
the State of Utah to implement testing of vehicle OBD systems by 
January 1, 2002. Utah's SIP revision merely incorporates our Federal 
rule change of April 5, 2001, that postponed implementation of OBD 
inspections until January 1, 2002 (see 66 FR 18156). As a convenience 
to vehicle owners, Davis, Utah, and Weber Counties are already 
implementing this program. Salt Lake County will begin implementing the 
program on January 1, 2002.

IV. Request for Public Comment

    We are soliciting public comment on all aspects of this proposed 
SIP rulemaking action. Please send your comments in duplicate to the 
address listed above in the front of this proposed action. We'll 
consider your comments in deciding our final action if your letter is 
received before April 1, 2002.

V. 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. 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 
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 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 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 ``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 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements.

    Dated: February 20, 2002.
Jack W. McGraw,
Acting Regional Administrator, Region VIII.
[FR Doc. 02-4940 Filed 2-28-02; 8:45 am]
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