[Federal Register Volume 67, Number 109 (Thursday, June 6, 2002)]
[Rules and Regulations]
[Pages 38894-38896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14035]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 182-4196a; FRL-7224-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Motor Vehicle Inspection and Maintenance Program--Request 
for Delay in the Incorporation of On-Board Diagnostics Testing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Pennsylvania State Implementation Plan (SIP). Pennsylvania has 
requested a one-year extension of the Federal deadline to incorporate 
electronic checks of on-board diagnostic (OBD) computer systems of 
1996-and-newer vehicles into the Commonwealth's motor vehicle emissions 
inspection and maintenance (I/M) program. EPA's rules governing I/M 
programs required states to add OBD checks to their I/M programs by 
January 1, 2002. However, EPA's same rule provides states the option to 
submit a request for delay of this deadline by up to one additional 
year, provided each state making such a request demonstrates to EPA 
that such a delay was necessary. Pennsylvania has requested the maximum 
delay provided for by EPA's regulations (i.e., until January 1, 2003) 
in commencing OBD checks as part of its I/M program. EPA has reviewed 
Pennsylvania's request, and is proposing through this action to grant 
Pennsylvania's request for a one year extension of the OBD testing 
deadline in accordance with the requirements of the Clean Air Act.

DATES: This rule is effective on August 5, 2002, without further 
notice, unless EPA receives adverse written comment by July 8, 2002. If 
EPA receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Written comments should be mailed to David L. Arnold, Chief, 
Air Quality Planning and Information Services Branch, Mail code 3AP21, 
U.S. Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. Copies of the documents relevant to 
this action are available for public inspection during normal business 
hours at the Air Protection Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
Copies of these relevant documents are also available from the 
Pennsylvania Department of Environmental Protection, Bureau of Air 
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 
17105.

FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On April 5, 2001, EPA's revised I/M program requirements rule was 
published in the Federal Register (Amendments to Vehicle Inspection and 
Maintenance Program Requirements Incorporating the Onboard Diagnostics 
Check; Final Rule (66 FR 18156)). The revised I/M requirements rule 
requires that electronic checks of the on-board diagnostics system of 
applicable 1996-and-newer motor vehicles (OBD) be conducted as part of 
states' motor vehicle I/M programs. This revised I/M requirements rule 
applies only to those areas required to implement an I/M program under 
the Clean Air Act of 1990. This rule establishes a deadline of January 
1, 2002 for states to begin performing OBD checks on 1996-and-newer 
model OBD-equipped vehicles, and to require repairs to be performed on 
those vehicles with malfunctions identified by the OBD check. However, 
the revised I/M rule also provides several options to states to delay 
implementation of OBD testing, under certain circumstances, beyond the 
prescribed January 1, 2002 deadline. One such option provides for a 
one-time, 12-month extension of the deadline for states to begin 
conducting mandatory OBD checks (to as late as January 1, 2003) 
provided the state making the request can show just cause to EPA for a 
delay and that the revised implementation date represents ``the best 
the state can reasonably do''.
    EPA's final rule identifies factors that may serve as a possible 
justification for states considering making a request to EPA to delay 
implementation of OBD I/M program checks beyond the January 2002 
deadline. Potential factors justifying such a delay request that are 
listed in EPA's rule include: contractual impediments, hardware or 
software deficiencies, data management software deficiencies, the need 
for additional training for the testing and repair industries, and the 
need for public education or outreach.
    Pennsylvania has submitted a SIP revision to formally request an 
extension of the OBD I/M test deadline, per EPA's I/M requirement rule. 
Pennsylvania's SIP revision lists many of the same factors that are 
listed in EPA's I/M rule in order to justify the Commonwealth's request 
for extension of the OBD testing deadline in Pennsylvania.

Summary of SIP Revision

    On December 14, 2001, Pennsylvania submitted a formal revision to 
its State Implementation Plan (SIP), which constitutes a request to 
delay the addition of on-board diagnostic system checks of 1996-and-
newer vehicles to the Commonwealth's adopted and SIP-approved I/M 
program.
    Pennsylvania's SIP revision to request a delay in adding OBD 
testing to its I/M program lists several factors that effect the 
Commonwealth's ability to conduct OBD testing at this time. The 
Commonwealth's justification for its request of a one-year delay 
includes the following factors:
    (1) Hardware and software deficiencies associated with the OBD 
testing equipment and its ability to communicate with Pennsylvania's 
Vehicle Inspection Information Database (VIID), as well as the 
commercial availability of equipment meeting the Commonwealth's 
specifications and requirements,
    (2) Software deficiencies related to Pennsylvania's VIID, 
pertaining to communications between testing stations and the program 
oversight contractor and the VIID,

[[Page 38895]]

    (3) The need for additional and updated training of Pennsylvania's 
sizable I/M testing and vehicle repair communities,
    (4) The need for additional public outreach and public education in 
order to increase public acceptance of OBD testing,
    (5) The Commonwealth's desire to conduct a small-scale, pilot OBD 
test program prior to the widespread launch of mandatory OBD testing as 
an element of the broader I/M program,
    (6) The time frame associated with the completion of the regulatory 
adoption process in Pennsylvania necessary to add OBD checks to the I/M 
program regulations,
    (7) The time frame associated with public notice/public 
participation related to the Commonwealth's regulatory process, and
    (8) The time frame for submitting an OBD I/M SIP to EPA upon 
adoption of such Pennsylvania OBD I/M regulations.
    The Commonwealth's request lists several activities that 
Pennsylvania has performed (prior to the date of this request for a 
testing deadline extension) to facilitate the addition of OBD testing 
to the Pennsylvania I/M program. The preparation activities listed in 
the Commonwealth's SIP include:
    (1) The formation of the Pennsylvania Enhanced Emissions Inspection 
Policy Review Group to consider, among other things, the inclusion of 
OBD checks as part of Pennsylvania's I/M program. This group 
recommended that the Commonwealth petition EPA for a one-year extension 
of the January 1, 2002 OBD testing deadline.
    (2) The continuation of meetings of the Pennsylvania Department of 
Transportation's I/M Working Group to consider issues related to OBD-
based I/M testing and repair.

II. Final Action

    EPA is granting the Commonwealth's request for a one-year extension 
of the OBD testing deadline, per the guidelines established by EPA in 
its amended Vehicle Inspection and Maintenance Program Requirements 
Rule, published in the April 5, 2001 edition of the Federal Register 
(66 FR 18156). The Commonwealth has adequately justified a one-year 
extension of the January 1, 2002 Federal OBD I/M testing deadline. EPA 
therefore proposes to grant a one-year extension of the deadline to 
commence OBD testing as part of the Pennsylvania I/M program to January 
1, 2003. EPA has determined that this delayed implementation schedule 
represents the timeliest implementation schedule that the Commonwealth 
can perform, and is ``the best the state can reasonably do''.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial request and anticipates no 
adverse comment as EPA's I/M program requirements regulations allow the 
Administrator to grant such an extension request if a state provides a 
justification that meets the factors set forth in EPA's I/M regulations 
(66 FR 18156). However, in the ``Proposed Rules'' section of today's 
Federal Register, EPA is publishing a separate document that will serve 
as the proposal to approve the Commonwealth's SIP revision in the event 
that adverse comments are filed with EPA. This rule will be effective 
on August 5, 2002, without further notice unless EPA receives adverse 
comment by July 8, 2002. If EPA receives adverse comment, EPA will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. EPA will address all public 
comments in a subsequent final rule based on the proposed rule. EPA 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

III. Administrative Requirements

A. General 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.).

B. Submission to Congress and the Comptroller General

    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

[[Page 38896]]

``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action to extend the deadline for incorporation 
of on-board diagnostics checks to the Pennsylvania I/M program by one 
year must be filed in the United States Court of Appeals for the 
appropriate circuit by August 5, 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, Nitrogen dioxide, Ozone.

    Dated: May 29,2002.
William C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 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 NN--Pennsylvania

    2. Section 52.2022 is amended by adding paragraph (f) to read as 
follows:


Sec. 52.2022  Extensions

* * * * *
    (f) The Administrator hereby extends by 12 months the deadline by 
which Pennsylvania must incorporate mandatory testing of second 
generation on-board diagnostics (OBD-II) equipped motor vehicles as 
part of its inspection and maintenance (I/M) program. As a result of 
this deadline extension, Pennsylvania must now incorporate mandatory 
OBD-II checks (for 1996-and-newer OBD-II-equipped vehicles) as an 
element of the Commonwealth's I/M program in all enhanced I/M program 
areas by January 1, 2003.

[FR Doc. 02-14035 Filed 6-5-02; 8:45 am]
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