[Federal Register Volume 67, Number 196 (Wednesday, October 9, 2002)]
[Rules and Regulations]
[Pages 62891-62894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25588]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[UT-001-0038, UT-001-0039, UT-001-0040; FRL-7262-2]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Vehicle Inspection and Maintenance Programs; Salt Lake 
County and General Requirements and Applicability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On March 21, 2002, EPA published a notice of proposed 
rulemaking (NPR) that proposed approval of revisions to Utah's state 
air quality implementation plan (SIP). The revisions update Utah's 
vehicle inspection and maintenance (I/M) programs. On August 14, 2001 
and on August 15, 2001, the Governor of Utah submitted revisions to the 
SIP affecting the State's motor vehicle I/M programs. The August 14, 
2001, submittal revised Utah's Rule R307-110-33, which incorporates by 
reference 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, which incorporates 
by reference 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 approving the 
revisions to Utah's Rule R307-110-33 and Rule R307-110-31.

EFFECTIVE DATE: November 8, 2002.

ADDRESSES: 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: Jeffrey Kimes, EPA, Region VIII, (303) 
312-6445.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``our,'' or ``us'' is used, we mean EPA.
    Throughout this document wherever ``R307-110-33'' is used alone it 
is

[[Page 62892]]

assumed to mean ``R307-110-33, which incorporates by reference Section 
X, Vehicle Inspection and Maintenance Program, Part C, Salt Lake 
County'' and wherever ``R307-110-31'' is used alone it is assumed to 
mean ``R307-110-31, which incorporates by reference Section X, Vehicle 
Inspection and Maintenance Program, Part A, General Requirements and 
Applicability.''

Table of Contents

I. Summary of EPA's Final Action
II. What Is the State's Process to Submit These Materials to EPA?
A. R307-110-33, Which Incorporates by Reference Section X, Vehicle 
Inspection and Maintenance Program, Part C, Salt Lake County
    B. R307-110-31, Which Incorporates by Reference Section X, 
Vehicle Inspection and Maintenance Program, Part A, General 
Requirements and Applicability
III. Evaluation of the State's Submittals
    A. R307-110-33, Which Incorporates by Reference 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. Public Comment
V. Final Rulemaking Action
VI. Consideration of Clean Air Act Section 110(l)
VII. Administrative Requirements

I. Summary of EPA's Final Action

    We are approving 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. 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 revised rule R307-110-
33 being approved in this action supersedes and replaces the existing 
State rule.
    The August 15, 2001, submittal updates Utah's Rule R307-110-31. 
This revision required 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 
began implementing the program on January 1, 2002. The revised rule 
R307-110-33 being approved in this action supersedes and replaces the 
existing R307-110-33 rule.

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, Which Incorporates by Reference 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, 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, Which Incorporates by Reference 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 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 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

    We have thoroughly reviewed the Utah rules that are the subject of 
this rulemaking and have found the revisions to meet all applicable 
requirements. A detailed evaluation of the rule revisions submitted by 
the State can be found in the notice of proposed rulemaking (NPR) for 
these rules found at 57 FR 9425, March 1, 2001. The NPR provided a 
detailed evaluation of how the State submittal meets the CAA 
requirements and the entire evaluation is not repeated here. The 
evaluation below is a limited summary of the evaluation found in the 
NPR.

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

    In this action, we are approving revisions to Utah's Rule R307-110-
33, 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.
    Section 182(b)(4) of the CAA requires that Salt Lake County 
implement an I/M program at least as effective as EPA's Basic 
Performance Standard as specificied in 40 CFR 51.352. Our July 24, 
2000, rulemaking (see 65 FR 45526) deleted our prior requirement of an 
automatic 50% emission credit discount for decentralized test and 
repair I/M programs if it can be demonstrated that the test and repair 
I/M network is as effective as a test only I/M network.
    We are approving Utah's SIP revision to Rule R307-110-33, Section 
X, Vehicle Inspection and Maintenance Program, Part C, Salt Lake 
County. Salt Lake County's test and repair network was demonstrated to 
be as effective as a test-only network.

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

    In this action, we are also approving SIP revisions to Utah's Rule 
R307-110-

[[Page 62893]]

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 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 the 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.

IV. Public Comment

    No public comment was received in response to the EPA's proposed 
rulemaking on these Utah SIP revisions.

V. Final Rulemaking Action

    In this Final Rulemaking Action, we are approving revisions to the 
SIP affecting the State's motor vehicle I/M programs submitted by the 
Governor of Utah. The approved revisions include the August 14, 2001, 
submittal revising Utah's Rule R307-110-33, which incorporates by 
reference Section X, Vehicle Inspection and Maintenance Program, Part 
C, Salt Lake County and the August 15, 2001, submittal revising Utah's 
Rule R307-110-31 which incorporates by reference, 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. The 
final rule is effective November 8, 2002.

VI. Consideration of Clean Air Act Section 110(l)

    Section 110(l) of the Act states that a SIP revision cannot be 
approved if the revision would interfere with any applicable 
requirement concerning attainment and reasonable progress towards 
attainment of a National Ambient Air Quality Standard (NAAQS) or any 
other applicable requirements of the Act. This SIP revision is 
consistent with Federal requirements and does not interfere with any 
applicable requirements of the Act. Therefore, we conclude that our 
approval of Utah's Rule R307-110-33 and R307-110-31 meets the 
requirements of section 110(l) of the Act.

VII. 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 December 9, 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, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements.


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    Dated: August 8, 2002.
Robert E. Roberts,
Regional Administrator, Region VIII.

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

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

Subpart TT--Utah

    2. Section 52.2320 is amended by adding paragraph (c)(48 )and 
(c)(49) to read as follows:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *
    (48) On August 14, 2001, the Governor of Utah submitted a revision 
to Utah's SIP to update UACR R307-110-33, Section X, Vehicle Inspection 
and Maintenance Program, Part C, Salt Lake County. The changes involve 
a demonstration that Salt Lake County's test and repair I/M network is 
as effective as a test only I/M network.
    (i) Incorporation by reference.
    (A) UACR R307-110-33, which incorporates by reference Utah SIP, 
Section X, Vehicle Inspection and Maintenance Program, Part C, Salt 
Lake County and appendices 1.a, 1.b, and 1.c, adopted by the UAQB 
August 1, 2001 and State effective on August 2, 2001.
    (49) On August 15, 2001, the Governor of Utah submitted a revision 
to Utah's SIP to update UACR R307-110-31, Section X, Vehicle Inspection 
and Maintenance Program, Part A, General Requirements and 
Applicability. This revision required 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.
    (i) Incorporation by reference.
    (A) UACR R-307-110-31 which incorporates by reference Utah SIP, 
Section X, Vehicle Inspection and Maintenance Program, Part A, General 
Requirements and Applicability adopted by the UAQB on August 1, 2001 
and State effective on August 2, 2001.

[FR Doc. 02-25588 Filed 10-8-02; 8:45 am]
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