[Federal Register Volume 68, Number 32 (Tuesday, February 18, 2003)]
[Rules and Regulations]
[Pages 7704-7706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3697]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. NJ55-248, FRL-7441-4]


Approval and Promulgation of Implementation Plans; New Jersey; 
Motor Vehicle Enhanced Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by New Jersey, including revisions to the State's enhanced 
motor vehicle inspection and maintenance (I/M) program. This revision 
updates New Jersey's enhanced I/M performance standard modeling to 
reflect the State's plan to extend the current new vehicle inspection 
exemption from one inspection cycle (2 years) to two inspection cycles 
(4 years). The State's evaluation demonstrates that the proposed 
changes to the enhanced I/M program will not impact the State's ability 
to continue to meet its enhanced I/M emission reduction goals for 
current and future years. The intended effect of this action is to 
approve New Jersey's plan to extend the new vehicle emission inspection 
exemption, and the State's supporting revised performance standard 
modeling, which demonstrates that the enhanced I/M program continues to 
meet EPA's low enhanced performance standard.

EFFECTIVE DATE: This rule will be effective March 20, 2003.

ADDRESSES: Copies of the state submittal(s) are available at the 
following addresses for inspection during normal business hours:

Environmental Protection Agency, Region 2 Office, Air Programs Branch, 
290 Broadway, 25th Floor, New York, New York 10007-1866.
Environmental Protection Agency, Air and Radiation Docket and 
Information Center, Air Docket (6102), 401 M Street, SW., Washington, 
DC 20460.

[[Page 7705]]

New Jersey Department of Environmental Protection, Bureau of Air 
Quality Planning, 401 East State Street, CN027, Trenton, New Jersey 
08625

FOR FURTHER INFORMATION CONTACT: Kenneth M. Champagne, Air Programs 
Branch, 290 Broadway, 25th Floor, New York, NY 10007-1866, (212) 637-
4249.

SUPPLEMENTARY INFORMATION:

Background

    On November 5, 2002 (67 FR 67345), EPA published a notice of 
proposed rulemaking regarding a SIP revision submitted by the State of 
New Jersey. The notice proposed to approve New Jersey's plan to extend 
the new vehicle emission inspection exemption from two to four years, 
and the State's supporting revised performance standard modeling. This 
new vehicle emission inspection exemption was enacted by New Jersey on 
July 1, 2002 as Public Law 2002, Chapter 34, and supercedes the current 
emission inspection test frequency set forth in New Jersey's I/M rules. 
The new legislation requires any new vehicle of model year 2000 and 
newer to be exempt from the emission inspection for 4 years, and 
thereafter inspected every 2 years, however, implementation of this new 
legislation is contingent upon approval by EPA. New Jersey's goal is to 
begin implementation of the new vehicle emission inspection exemption 
on January 1, 2003.
    Also included as part of the modeling assumptions for New Jersey's 
revised performance standard modeling demonstration were other proposed 
program changes contained in the State's April 24, 2002 proposed SIP 
revision. For more detailed information on these proposed design 
changes, please see the November 5, 2002 notice of proposed rulemaking. 
Although the State appropriately included these proposed changes in its 
revised modeling since they will, if adopted, impact the overall 
emission reduction potential of the I/M program, EPA is not taking 
action on these changes in this final rulemaking. However, EPA will 
take formal rulemaking action on these other changes after they are 
adopted and formally submitted by the State.
    The SIP revision was proposed under a procedure called parallel 
processing, whereby EPA proposes a rulemaking action concurrently with 
a state's procedures for amending its regulations. The proposed SIP 
revision was initially submitted to EPA on August 20, 2002, and the 
final SIP revision was formally submitted on December 3, 2002. It 
should be noted that EPA did not receive any comments associated with 
the November 5, 2002 proposed approval of revisions to New Jersey's 
enhanced I/M program. A detailed description of New Jersey's submittals 
and EPA's rational for the proposed action were presented in the 
proposal referenced above and will not be restated here.

Conclusion

    EPA is taking final action to approve New Jersey's December 3, 2002 
SIP revision, which updates New Jersey's enhanced I/M performance 
standard modeling to reflect the State's plan to extend the current new 
vehicle inspection exemption from one inspection cycle (2 years) to two 
inspection cycles (4 years). In accordance with the parallel processing 
procedures, EPA has evaluated New Jersey's final SIP revision submitted 
on December 3, 2002, and finds that no substantial changes were made 
from the proposed SIP revision submitted on August 20, 2002. Also in 
the final SIP revision, New Jersey addressed the four minor issues 
identified by EPA during technical review of the proposed SIP revision. 
EPA agrees with New Jersey's responses to those comments it received 
which are related to the enhanced I/M program as an element of the 
State's SIP.
    EPA is approving New Jersey's I/M SIP revision submitted on 
December 3, 2002. New Jersey has demonstrated through performance 
standard modeling that its enhanced I/M program with the new vehicle 
emission inspection exemption, including other proposed program design 
changes, continues to meet EPA's low enhanced performance standard.

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

[[Page 7706]]

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 April 21, 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, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: January 9, 2003.
Jane M. Kenny,
Regional Administrator, Region 2.

    Part 52, chapter I, title 40 of the 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 FF--New Jersey

    2. Section 52.1570 is amended by adding new paragraph (c)(72) to 
read as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *
    (72) Revisions to the New Jersey State Implementation Plan (SIP) 
concerning the Enhanced Inspection and Maintenance Program, submitted 
on December 3, 2002 by the New Jersey State Department of Environmental 
Protection (NJDEP).
    (i) Incorporation by reference:
    (A) New Jersey Revised Statutes.
    (1) Public Law 2002, Chapter 34, paragraph 15 amending N.J.S.A. 
39:8-2.c, enacted on July 1, 2002.

[FR Doc. 03-3697 Filed 2-14-03; 8:45 am]
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