[Federal Register Volume 67, Number 185 (Tuesday, September 24, 2002)]
[Rules and Regulations]
[Pages 59785-59787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24091]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY 134 & KY 136--200235(a); FRL-7381-2]


Approval and Promulgation of Implementation Plans for Kentucky: 
Vehicle Emissions Control Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to the State Implementation 
Plan (SIP) of the Commonwealth of Kentucky amending Kentucky rules 401 
KAR 65:001 and 401 KAR 65:010. These changes affect military personnel 
with vehicles required to undergo vehicle emissions tests. The EPA also 
proposes to approve into the Kentucky SIP revisions to the Air 
Pollution Control District of Jefferson County's regulations 8.01 and 
8.02, which affect vehicle emission test centers and owners of certain 
vehicles registered in the County.

DATES: This direct final rule is effective November 25, 2002 without 
further notice, unless EPA receives adverse comment by October 24, 
2002. If adverse comment is received, EPA 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: All comments should be addressed to: Michele Notarianni, Air 
Planning Branch, U.S. Environmental Protection Agency Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. (404/562-9031 (phone) 
or [email protected] (e-mail).)
    Copies of the Commonwealth's submittal are available at the 
following addresses for inspection during normal business hours:

Environmental Protection Agency, Region 4, Air Planning Branch, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. (Michele Notarianni, 
404/562-9031, [email protected])
Commonwealth of Kentucky, Division for Air Quality, 803 Schenkel Lane, 
Frankfort, Kentucky 40601-1403. (502/573-3382)
Air Pollution Control District of Jefferson County, 850 Barrett 
Avenue--Suite 200, Louisville, Kentucky 40204. (502/574-6000)

FOR FURTHER INFORMATION CONTACT: Michele Notarianni at address listed 
above or 404-562-9031 (phone) or [email protected] (e-mail).

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Today's Action
II. Final Action
III. Administrative Requirements

I. Today's Action

    The EPA is approving revisions to rules 401 KAR 65:001, 
``Definitions for 401 KAR Chapter 65'', and 401 KAR 65:010, ``Vehicle 
emission control programs'', into the Kentucky SIP. The Kentucky 
Natural Resources and Environmental Protection Cabinet submitted these 
revisions to EPA on September 5, 2001. The revisions establish 
guidelines for a fee exemption for vehicles belonging to military 
personnel during the applicable testing period, move the definitions 
for Kentucky's vehicle emissions control programs from 401 KAR 65:010 
into 401 KAR 65:001, and make administrative clarifications to the 
definitions in 401 KAR 65:001. The effect of this action is that 
military personnel who reside in vehicle testing program areas will not 
have to pay the exemption certificate fee when their vehicle is outside 
the program area during the required testing period. Vehicle testing 
programs in Kentucky exist in those areas which are designated one-hour 
ozone nonattainment (except marginal) areas or attainment areas that 
were previously designated nonattainment for the one-hour national 
ambient air quality standard and continue to operate a testing program 
to maintain attainment status or to meet other applicable mandates.
    The EPA is also approving into the Kentucky SIP revisions to the 
Air Pollution Control District of Jefferson County's regulations 8.01, 
``Mobile Source Emissions Control Requirements,'' and 8.02, ``Vehicle 
Emissions Testing Procedure.'' The Kentucky Natural Resources and 
Environmental Protection Cabinet submitted these revisions to EPA on 
January 24, 2002. These revisions include specific procedures for on-
board diagnostics (OBD) testing and delay the implementation start date 
for OBD testing from the January 1, 2001, date currently in the 
Kentucky SIP until January 1, 2002. The new test procedures apply to 
model year 1996 and newer, light-duty vehicles and trucks and to model 
year 1997 and newer, light-duty diesel vehicles and trucks manufactured 
with certified OBD systems. The OBD test would replace the current 
tailpipe test emissions test, evaporative system test, and equipment 
visual inspection for these newer vehicles. As specifically provided 
for under the rules, the start date for OBD testing was delayed to July 
1, 2002.

II. Final Action

    EPA is approving into the Kentucky SIP revisions to Rules 401 KAR 
65:001 and 401 KAR 65:010, and Air Pollution Control District of 
Jefferson County Regulations 8.01 and 8.02, because they are consistent 
with the requirements of the Clean Air Act and EPA policy.
    EPA is approving the aforementioned changes to the SIP. The EPA is 
publishing this rule without prior proposal because the Agency views 
this as a noncontroversial submittal and anticipates no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, EPA is publishing a separate document that will 
serve as the proposal to approve the SIP revision should adverse 
comments be filed. This rule will be effective November 25, 2002 
without further notice unless the Agency receives adverse comments by 
October 24, 2002.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will

[[Page 59786]]

not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on November 25, 2002 and no 
further action will be taken on the proposed rule. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

III. 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 November 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, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: September 5, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    Part 52 of chapter I, title 40, 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 S--Kentucky

    2. Section 52.920 paragraph (c) is amended:
    a. Under Table ``EPA--APPROVED KENTUCKY REGULATIONS FOR KENTUCKY'', 
Chapter 65, by revising the entries for 401 KAR 65:001 and 401 KAR 
65:010.
    b. Under ``EPA--APPROVED JEFFERSON COUNTY REGULATIONS FOR 
KENTUCKY'', Reg 8, by revising the entries for 8.01 and 8.02.
    The revisions read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

                                 EPA--Approved Kentucky Regulations for Kentucky
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                                                               State
           Regulation                   Title/subject        effective    EPA approval date    Federal Register
                                                                date                                notice
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[[Page 59787]]

 
                                                  * * * * * * *
---------------------------------
                                   Chapter 65 Mobile Source Related Emissions
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 401 KAR, 65:001................  Definitions for 401, KAR      8/15/01  September 24, 2002.  [Insert FR page
                                   Chapter 65.                                                 citation]
 
                                                  * * * * * * *
---------------------------------
401 KAR, 65:010.................  Vehicle emission control      8/15/01  September 24, 2002.  [Insert FR page
                                   programs.                                                   citation]
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                             EPA--Approved Jefferson County Regulations for KentuckY
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                                                              District
           Regulation                   Title/subject        effective    EPA approval date    Federal Register
                                                                date                                notice
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                                                  * * * * * * *
---------------------------------
Reg 8                                                     Mobile Source Emissions Control
---------------------------------
8.01............................  Mobile Source Emissions      11/21/01  September 24, 2002.  [Insert FR page
                                   Control Requirements.                                       citation]
8.02............................  Vehicle Emissions            11/21/01  September 24, 2002.  [Insert FR page
                                   Testing Procedure.                                          citation]
 
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[FR Doc. 02-24091 Filed 9-23-02; 8:45 am]
BILLING CODE 6560-50-P