[Federal Register Volume 67, Number 210 (Wednesday, October 30, 2002)]
[Rules and Regulations]
[Pages 66056-66058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27495]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC 104-200239(a); FRL-7400-4]


Approval and Promulgation of Implementation Plans; North 
Carolina: Approval of Revisions to Inspection and Maintenance (I/M) 
Regulations Within the North Carolina State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On August 7, 2002, the North Carolina Department of 
Environment and Natural Resources submitted revisions to the North 
Carolina State Implementation Plan (SIP). These revisions are contained 
within 15A NCAC 2D .1000 Motor Vehicle Emissions Control Standards. 
North Carolina has submitted these rules for an enhanced inspection and 
maintenance (I/M) program which is a component of the State's Nitrogen 
Oxides (NOX) Budget and Allowance Trading Program. The I/M 
program establishes reductions which are being utilized by the State as 
part of their NOX SIP budget. Approval of these I/M rules 
allow North Carolina to gain credits ranging from 914 tons in 2004 to 
4,385 credits in 2007. These credits are then used to determine the 
number of credits that will be made available for new growth in North 
Carolina. This submittal resolves all outstanding issues and allows for 
EPA's final approval of the State's NOX Budget and Allowance 
Trading Program. The final approval of the North Carolina 
NOX Budget and Allowance Trading Program, which was proposed 
for approval in 67 FR 42519 and received no adverse comments, will be 
processed in a later action. The EPA is approving these revisions.

DATES: This direct final rule is effective December 30, 2002 without 
further notice, unless EPA receives adverse

[[Page 66057]]

comment by November 29, 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: Randy Terry at the EPA, 
Region 4 Air Planning Branch, 61 Forsyth Street, SW., Atlanta, Georgia 
30303.
    Copies of the State submittal(s) 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. Randy Terry, 404/562-
9032. North Carolina Department of Environment, Health, and Natural 
Resources, 512 North Salisbury Street, Raleigh, North Carolina 27604.

FOR FURTHER INFORMATION CONTACT: Randy B. Terry, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9032. Mr. Terry can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 7, 2002, the North Carolina Department of Environment and 
Natural Resources submitted revisions to the North Carolina SIP. These 
revisions involve the amending of multiple rules within Section 15A 
NCAC 2D .1000 Motor Vehicle Emissions Control Standards to establish an 
enhanced I/M program. An analysis of each of the major revisions 
submitted is listed below.

II. Analysis of State's Submittal

15A NCAC 2D

.1001 Purpose
    This rule has been amended to change ``vehicle exhaust emission 
standard'' to ``vehicle emission control standard.''
.1002 Applicability This rule is being amended to replace the list of 
nine counties where tailpipe testing is currently required with a 
reference to the North Carolina General Statutes that lists the 
counties covered under the I/M program.
.1004 Tailpipe Emission Standards for CO (Carbon Monoxide) and HC 
(Hydrocarbon)
    This rule is being amended to list the nine counties covered under 
the tailpipe testing program, to reference the tailpipe testing 
procedures and to state that the requirements of this Rule expire on 
January 1, 2006.
.1005 On-board Diagnostic Standards
    This rule is being amended to specify that 1996 and later modeled-
year vehicles are to be inspected using On Board Diagnostics (OBD) 
test. The federal procedures are incorporated by reference.
    Approval of these I/M rules allow North Carolina to gain credits 
ranging from 914 tons in 2004 to 4,385 credits in 2007. These credits 
are then used to determine the number of credits that will be made 
available for new growth in North Carolina. The total credits obtained 
from these I/M rules and the credits allocated for new growth are 
detailed in the North Carolina Nitrogen Oxides (NOX) Budget 
and Allowance Trading Program Federal Register proposal notice (67 FR 
42519).

III. Final Action

    EPA is approving the aforementioned changes to the SIP because the 
revisions are consistent with Clean Air Act and EPA regulatory 
requirements. 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 December 
30, 2002 without further notice unless the Agency receives adverse 
comments by November 29, 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 
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 December 30, 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.

IV. 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 (Pub. L. 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

[[Page 66058]]

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 30, 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Dated: October 21, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.


    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart II--North Carolina

    2. In Sec.  52.1770(c), table 1 is amended under subchapter 2D by 
revising entries .1001; .1002; .1004; and .1005 to read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                Table 1.--EPA Approved North Carolina Regulations
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                                                            State
          State citation               Title/subject      effective    EPA approval date          Comments
                                                             date
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Subchapter 2D....................                        Air Pollution Control Requirements
 
                                                  * * * * * * *
Section .1000....................                    Motor Vehicle Emissions Control Standards
Sect. .1001......................  Purpose.............      7/01/02  10/30/02 and FR
                                                                       page citation.
Sect. .1002......................  Applicability.......      7/01/02  10/30/02 and FR
                                                                       page citation.
 
                                                  * * * * * * *
Sect. .1004......................  Emission Standards..      7/01/02  10/30/02 and FR
                                                                       page citation.
Sect. .1005......................  Measurement and           7/01/02  10/30/02 and FR
                                    Enforcement.                       page citation.
 
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[FR Doc. 02-27495 Filed 10-29-02; 8:45 am]
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