[Federal Register Volume 68, Number 14 (Wednesday, January 22, 2003)]
[Rules and Regulations]
[Pages 2912-2914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1234]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AZ 106-0064; FRL-7418-8]


Approval and Promulgation of Implementation Plans; Arizona; Motor 
Vehicle Inspection and Maintenance Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving two State Implementation Plan (SIP) revisions 
submitted by the Arizona Department of Environmental Quality (ADEQ). 
These revisions consist of several changes that have been made to 
Arizona's Basic and Enhanced Vehicle Emissions Inspection and 
Maintenance Programs after the programs were approved by EPA in 1995. 
Arizona's Basic Vehicle Emissions Inspection (VEI) Program is 
implemented in the Tucson Air Planning Area carbon monoxide (CO) 
nonattainment area (Area B). The Enhanced VEI Program is implemented in 
the Maricopa County ozone and CO nonattainment area (the Phoenix area 
or Area A).

EFFECTIVE DATE: February 21, 2003.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
EPA's Region 9 office at 75 Hawthorne Street, San Francisco, California 
94105.
    This document and the Technical Support Document (TSD) for this 
rulemaking are also available as electronic files on EPA's Region 9 Web 
page at http://www.epa.gov/region09/air.

FOR FURTHER INFORMATION CONTACT: Sylvia Dugr[eacute], Office of Air 
Planning (AIR-2), U.S. Environmental Protection Agency, Region 9, 75 
Hawthorne Street, San Francisco, CA 94105. Phone: (415) 947-4149; e-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 12, 2002 (67 FR 52433), EPA published a notice of 
proposed rulemaking for the State of Arizona. The notice proposed 
approval of revisions to the SIP for Arizona's Basic and Enhanced VEI 
programs.
    ADEQ submitted the changes to its Basic and Enhanced VEI Programs 
as a revision to its SIP on July 6, 2001. The July 6, 2001 SIP revision 
package includes, among various other program changes, ADEQ's revised 
rule which extends the exemption for newer model year vehicles from the 
current model year to the first five model year vehicles and the 
revised rules incorporating legislative changes to the provisions for 
issuing a waiver. Also included in the SIP revision is State 
legislation that discontinues the remote sensing program that had been 
implemented in Area A and authorizes a study to determine the most 
effective on-road testing program for Arizona.
    A SIP revision supplementing the July 6, 2001 SIP revision was 
submitted by ADEQ on April 10, 2002. This submittal contains the ADEQ 
rule revisions incorporating on-board diagnostics (OBD) testing and, in 
accordance with the State legislation, deleting the previously approved 
remote sensing program from the ADEQ regulations. It also contains a 
modeling demonstration, with adjustments for the IM147

[[Page 2913]]

transient loaded-mode emissions test, showing the I/M program 
implemented in Area A meets EPA's high enhanced performance standard.
    A more complete description of Arizona's submittals and the 
rationale for EPA's approval were presented in the proposal and will 
not be restated here.

II. Public Comments on the Proposed Action

    No comments were submitted to the docket during the comment period 
for the proposed rulemaking published in the August 12, 2002 Federal 
Register.

III. Final Action

    Clean Air Act (CAA) sections 182(c)(3) and 187(a)(6) require 
serious ozone and carbon monoxide areas, such as the Phoenix area, to 
implement enhanced I/M programs. EPA's requirements for these I/M 
programs are contained in 40 CFR part 51, subpart S. In order for EPA 
to approve the SIP revisions submitted by ADEQ, they must be consistent 
with EPA's I/M requirements and they must meet CAA section 110(a) 
requirements for enforceability as well as CAA section 110(1) 
requirements regarding plan revisions.
    In today's action, EPA is finding that the Arizona enhanced I/M 
program implemented in Area A (Phoenix) meets CAA and EPA requirements 
for a high enhanced program. We are also finding that the VEI program 
implemented in Area B (Tucson) continues to meet EPA's I/M requirements 
for basic programs.\1\ The basis for these findings are discussed in 
the proposal for today's action. See 67 FR 52433.
    In addition, under CAA section 110(1), EPA is finding that these 
SIP revisions submitted by ADEQ do not interfere with the applicable 
requirements concerning CO maintenance in the Tucson area or any other 
requirements of the CAA applicable to Tucson. We are also finding that 
these SIP revisions will not interfere with any applicable requirements 
for CO and ozone attainment and reasonable further progress (RFP) or 
any other requirements of the CAA applicable to the Phoenix area. The 
basis for these findings are discussed in the proposal for today's 
action. See 67 FR 52433.
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    \1\ As an unclassified CO nonattainment area that has been 
redesignated to attainment, the Tucson area does not have a 
statutory requirement to implement a basic I/M program. The area, 
however, has relied on the program to both attain and maintain the 
CO standard.
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    Finally, EPA is approving various Arizona statutes amending the VEI 
programs and the latest revisions to the basic and enhanced VEI program 
regulations. Specifically, we are approving the following Arizona 
statutes:
    Amendments to Arizona Revised Statutes (ARS) 49-541, 49-542.05, 49-
544, 49-545, 49-551 and the repeal of 49-542.01 submitted to EPA as a 
SIP revision on July 6, 2001.
    Amendments to ARS 49-542, 49-543, and the repeal of 49-541.01 
submitted to EPA as a SIP revision on April 10, 2002.
    We are also approving the following Arizona regulations:
    Arizona Administrative Code (AAC), Title 18, Chapter 2, Article 10 
(except for AAC R 18-2-1020) ``Motor Vehicles; Inspection and 
Maintenance'' as of December 31, 2000, submitted to EPA as a SIP 
revision on July 6, 2001.
    Amendments to AAC R 18-2-1006 and 18-2-1019, and the repeal of AAC 
R 18-2-1014 and R 18-2-1015 submitted to EPA as a SIP revision on April 
10, 2002.

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 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 March 24, 2003. Filing a 
petition for reconsideration by the Administrator of this final rule 
does

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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 regulations, Ozone, 
Reporting and recordkeeping requirements.

    Dated: October 31, 2002.
Alexis Strauss,
Acting Regional Administrator, Region 9.

    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 D--Arizona

    2. Section 52.120 is amended by adding paragraphs (c)(108) and 
(c)(109) to read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (108) Revisions to the Arizona State Implementation Plan for the 
Motor Vehicle Inspection and Maintenance Programs, submitted on July 6, 
2001.
    (i) Incorporation by reference.
    (A) Arizona Revised Statutes.
    (1) Section 49-551 as amended in Section 27 of Arizona Senate Bill 
1427, 43rd Legislature, 2nd Regular Session (1998), approved by the 
Governor on May 29, 1998.
    (2) Section 49-544 as amended in Section 15 of Arizona Senate Bill 
1007, 43rd Legislature, 4th Special Session (1998), approved by the 
Governor on May 20, 1998.
    (3) Section 49-541 as amended in Section 44 of Arizona House Bill 
2189, 44th Legislature, 1st Regular Session (1999), approved by the 
Governor on May 18, 1999.
    (4) Section 49-542.01 repealed in Section 3 and Section 49-545 as 
amended in Section 5 of Arizona House Bill 2104, 44th Legislature, 2nd 
Regular session (2000), approved by the Governor on April 28, 2000.
    (5) Section 49-542.05 as added in Section 23 of Arizona Senate Bill 
1004, 44th Legislature, 7th Special Session (2000), approved by the 
Governor on December 14, 2000.
    (B) Arizona Administrative Code.
    (1) Title 18, Chapter 2, Article 10 (except for AAC R 18-2-1020) 
``Motor Vehicles; Inspection and Maintenance'' as adopted on December 
31, 2000.
    (109) Revisions to the Arizona State Implementation Plan for the 
Motor Vehicle Inspection and Maintenance Programs, submitted on April 
10, 2002 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Revised Statutes.
    (1) Section 49-542 as amended in Section 9, Section 49-543 as 
amended in Section 11, and Section 49-541.01 repealed in Section 29 of 
Arizona House Bill 2538, 45th Legislature, 1st Regular Session (2001), 
approved by the Governor on May 7, 2001.
    (B) Arizona Administrative Code.
    (1) Amendments to AAC R 18-2-1006 and 18-2-1019, and the repeal of 
AAC R 18-2-1014 and R 18-2-1015 effective January 1, 2002.

    3. Section 52.123 is amended by adding paragraph (k) to read as 
follows:


Sec.  52.123  Approval status.

* * * * *
    (k) The Administrator approves the revised Enhanced Vehicle 
Inspection and Maintenance Program for the Maricopa County carbon 
monoxide and ozone nonattainment area submitted by the Arizona 
Department of Environmental Quality on July 6, 2001 and April 10, 2002 
as meeting the requirements of Clean Air Act sections 182(c)(3) and 
187(a)(6) and the requirements for high enhanced inspection and 
maintenance programs contained in 40 CFR part 51, subpart S.

[FR Doc. 03-1234 Filed 1-21-03; 8:45 am]
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