[Federal Register Volume 68, Number 11 (Thursday, January 16, 2003)]
[Rules and Regulations]
[Pages 2208-2211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-855]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD 137-3093a; FRL-7436-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; 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 revisions to the 
Maryland State Implementation Plan (SIP). Maryland has requested a six-
month extension of the Federal deadline to incorporate electronic 
checks to of On-board Diagnostic (OBD) computer systems of 1996-and-
newer vehicles into

[[Page 2209]]

Maryland'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 for delay demonstrates to EPA that such a delay was 
necessary. Maryland has requested a six-month delay provided for by 
EPA's regulations (i.e., until July 1, 2002) in commencing OBD checks 
as part of its I/M program. EPA has reviewed Maryland's request, and is 
proposing through this action to grant Maryland's request for a six-
month extension of the OBD testing deadline in accordance with the 
requirements of the Clean Air Act.

DATES: This rule is effective on March 17, 2003 without further notice, 
unless EPA receives adverse written comment by February 18, 2003. 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 Robert Kramer, Acting 
Chief, Air Quality Planning and Information Services Branch, Mailcode 
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 Maryland Department of the Environment, 
2500 Broening Highway, Baltimore, Maryland, 21224.

FOR FURTHER INFORMATION CONTACT: Janet C. Kremer, (215) 814-2147, 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 On-board 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 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.
    Maryland has submitted a SIP revision to formally request an 
extension of the OBD I/M test deadline, per EPA's I/M requirement rule. 
Maryland's SIP revision lists many of the same factors that are listed 
in EPA's I/M rule in order to justify the State's request for extension 
of the OBD testing deadline.

Summary of SIP Revision

    On July 9, 2002, Maryland submitted a formal revision to its SIP, 
which constitutes a request to delay the addition of on-board 
diagnostic system checks of 1996-and-newer vehicles to Maryland's 
adopted and SIP-approved I/M program.
    Maryland's SIP revision to request delay in adding OBD testing to 
it I/M program list several factors that effect the State's ability to 
conduct OBD testing at this time. Maryland's justification for its 
request of a 6-month delay includes the following factors:
    (1) Hardware and software issues pertaining to the transition to 
new hardware and testing equipment, installation of new communications 
network, and construction of a new data management system. Also, the 
time to develop a new formal acceptance testing procedures for 
equipment and develop quality assurance specifications and procedures 
for the OBD test equipment that will be incorporated into the State's 
ongoing assurance audit inspections of the Vehicle Emissions Inspection 
Program (VEIP) stations,
    (2) evaluation of various programmatic options, and the design of 
an OBD program that will be compatible with the current VEIP program 
design,
    (3) the need to train the contractor inspection, operational, and 
management personnel, so that all of these personnel have a thorough 
knowledge of all aspects of the final OBD program design and operation,
    (4) the need for additional education and training of the vehicle 
repair community in the new OBD test procedures as well as the repair 
of OBD-failed vehicles,
    (5) the need for additional outreach and public education in order 
to increase public acceptance of OBD testing.

II. Final Action

    EPA is granting the state of Maryland's request for a six-month 
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). Maryland has adequately justified a 
six-month extension of the January 1, 2002 Federal OBD I/M testing 
deadline. EPA therefore proposes to grant a six-month extension of the 
deadline to commence OBD testing as part of the Maryland I/M program to 
July 1, 2002. EPA has determined that this delayed implementation 
schedule represents the timeliest implementation schedule that Maryland 
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 amendment 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 SIP revision if adverse comments are filed. 
This rule will be effective on March 17, 2003 without further notice 
unless EPA receives adverse comment

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by February 18, 2003. 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. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

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 (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 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 
``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 Maryland I/M program by six-
months must be filed in the United States Court of Appeals for the 
appropriate circuit by March 17, 2003. 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, Nitrogen dioxide, Ozone, Volatile organic 
compounds.

    Dated: December 23, 2002.
Judith M. Katz,
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 V--Maryland

    2. Section 52.1070 is amended by adding paragraph (c)(179) to read 
as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *
    (179) Revisions to the Code of Maryland Administrative Regulation 
(COMAR) 11.14.08 pertaining to the request for delay in the 
incorporation of On-board Diagnostics testing in the state's Vehicle 
Inspection and Maintenance Program submitted on July 9, 2002 by the 
Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 9, 2002 from the Maryland Department of the 
Environment transmitting amendments to Regulations .03, .06, .09, .12, 
and .16 under COMAR 11.14.08, Vehicle Emissions Inspection Program.
    (B) Additions and revisions to COMAR 11.14.08.03, .06, .09, .12, 
and .16, effective June 10, 2002:
    (1) Added COMAR 11.14.08.03E.
    (2) Revised COMAR 11.14.08.06A(3)(r), .09F, .12C(1) through (3) 
inclusive, and .16D.
    (ii) Additional Material.--Remainder of the State submittal(s) 
pertaining to the revisions listed in paragraph (c)(179)(i) of this 
section.

    3. Section 52.1078 is amended by designating the existing text as 
paragraph (a) and adding paragraph (b) to read as follows:


Sec.  52.1078  Extensions.

* * * * *

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    (b) The Administrator hereby extends by six-months the deadline by 
which Maryland 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, Maryland 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 July 1, 
2002.

[FR Doc. 03-855 Filed 1-15-03; 8:45 am]
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