[Federal Register Volume 68, Number 124 (Friday, June 27, 2003)]
[Proposed Rules]
[Pages 38266-38268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16237]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 207-4211; FRL-7518-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Motor Vehicle Inspection and Maintenance Program--Revised 
Final Standards for the Acceleration Simulation Mode Exhaust Emissions 
Test

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Pennsylvania. This SIP 
revision amends the Commonwealth's SIP-approved Enhanced Vehicle 
Emission Inspection Program (or I/M program) to implement final 
tailpipe test standards for the Acceleration Simulation Mode (ASM) 
tailpipe emissions test. This is being done through the substitution of 
revised ASM test standards in place of the previously SIP-approved 
final standards. Since this change affects only testing performed using 
the ASM tailpipe test method, only that portion of the I/M-subject 
vehicles in the five-county Philadelphia area that receive ASM tailpipe 
testing are affected by this action. This action is being taken under 
the Clean Air Act.

DATES: Written comments must be received on or before July 28, 2003.

ADDRESSES: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Makeba Morris, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
Electronic comments should be sent either to [email protected] or 
to http://www.regulations.gov., which is an alternative method for 
submitting electronic comments to EPA. Follow the detailed instructions 
of the Supplementary Information section. 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; and at the Pennsylvania Department of 
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 
400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On June 5, 2003, the Pennsylvania Department of Environmental 
Protection submitted a request that EPA parallel process the approval 
of a revision to its State Implementation Plan (SIP) to amend its SIP-
approved enhanced inspection and maintenance (I/M) program. The 
revision consists of a change of the Commonwealth's I/M program 
regulation to implement a revised set of final pass/fail testing 
standards for those vehicles that undergo Acceleration Simulation Mode 
(ASM) tailpipe test method. The Commonwealth is replacing final ASM 
test standards previously adopted and SIP-approved with a set of 
revised final standards issued by EPA that are being adopted by 
Pennsylvania as a compliance alternative to the previous final ASM 
standards.
    The ASM test is a test method used to measure tailpipe emissions 
from cars. In Pennsylvania, the test is performed only in five counties 
in the Philadelphia severe ozone nonattainment area (Bucks, Chester, 
Delaware, Montgomery, and Philadelphia Counties), and therefore only on 
a portion of the I/M-subject fleet. The ASM tailpipe

[[Page 38267]]

emissions test employs tailpipe emissions sensing equipment that 
measures emissions while the vehicle is driven, under load, at a steady 
speed on a chassis dynamometer. An emissions gas analyzer measures 
tailpipe emissions for certain pollutants. Specifically, the result is 
a concentration measurement for each of three pollutants--expressed in 
units of parts per million (ppm) of pollutant of hydrocarbons and 
oxides of nitrogen, and percent concentration of carbon monoxide. The 
results for each pollutant are compared against a standard, or 
cutpoint, that represents the maximum allowable amount of each 
pollutant that may be emitted, and a pass or fail determination is made 
based upon comparison of the test result to the cutpoint. Repairs would 
then be required to failing vehicles in an attempt to reduce the 
measured tailpipe pollutants to within acceptable limits. The ASM 
testing cutpoints vary depending upon vehicle type (i.e., car or 
truck), model year of manufacture, and vehicle weight--to represent the 
different standards with which different types of vehicles were 
manufactured to comply. In general, older vehicles must comply with 
less stringent test standards than newer vehicles, and heavier vehicles 
comply with less stringent test standards than lighter vehicles.
    At the inception of the enhanced I/M program, EPA allowed states to 
employ a less stringent set of interim, or phase-in, ASM cutpoints in 
order to make a pass/fail determination, eventually requiring the state 
to implement more stringent final ASM test cutpoints for the duration 
of the program.
    During the period when states were conducting ASM testing using the 
phase-in cutpoints, several states raised concerns to EPA that 
application of the final ASM cutpoints could result in an overly high 
level of failures, potentially failing some cars that marginally fail 
or that should not fail the test (i.e., false failures). EPA 
investigated the matter using I/M program data provided by several 
states, and as a result, EPA developed and released an alternative 
final set of ASM cutpoints to address the problem via an August 16, 
2002 memorandum entitled ``Revised Final Cutpoints for ASM5015 and ASM 
252'' to EPA's Regional Air Division Directors from Gregory Green, 
Director of the Certification and Compliance Division of EPA's Office 
of Transportation and Air Quality. These alternative cutpoints can be 
used by states as an optional means to comply with Federal I/M 
requirements for ASM I/M testing final cutpoints.
    The alternative EPA final cutpoints were developed using a 
methodology that adjusts emissions on the basis of engine displacement 
rather than vehicle test weight. To apply the alternative ASM 
cutpoints, the tested vehicle's engine displacement (in liter units) is 
multiplied by the concentration of the exhaust pollutant (hydrocarbon, 
carbon monoxide, or oxides of nitrogen, in units of either ppm HC or 
NOX or % CO). The resultant value (in units of liters 
displacement*concentration) is compared to an EPA-generated table of 
cutpoints. If the test result exceeds the allowable cutpoint for any 
tested pollutant, the vehicle fails the ASM test for that pollutant. If 
the test results are lower than the allowable cutpoints for all tested 
pollutants, then the vehicle passes the ASM test.
    EPA's policy provides states who elect to use the recently released 
alternative final ASM cutpoints the same level of emissions benefits, 
or credits, that would have been achieved by use of the previously 
available final cutpoints. Therefore, Pennsylvania was not required to 
perform a new analysis to determine potential changes in emissions 
benefits, as claimed in a SIP or other plan, from an ASM-based I/M 
program using final ASM cutpoints.

II. Summary of SIP Revision

    The SIP revision consists of amendments to Pennsylvania's enhanced 
I/M program regulation, codified in Title 67 of the Pennsylvania Code, 
Part I, Subpart A, Article VII, Chapter 177, Subchapter A. 
Specifically, Section 1 of Appendix A (which contains procedures, 
standards, equipment specifications, and quality control specifications 
for the enhanced I/M program) is being revised. Specifically, the 
regulatory change replaces the previously adopted final ASM cutpoints 
that are based upon vehicle weight with EPA's alternative final 
cutpoints that are based upon engine displacement (released by EPA in 
an August 16, 2002 memorandum).
    Pennsylvania is also amending the deadline for implementation of 
final ASM test cutpoints in the five counties in Southeast Pennsylvania 
comprising the Philadelphia I/M program area. The Commonwealth's 
proposed SIP stipulates that the final cutpoints will apply upon notice 
by the Department of Transportation. However, the Commonwealth is under 
court order by the United States District Court for the Eastern 
District of Pennsylvania in the case of Clean Air Council v. Mallory 
and Seif, No. 01-179 to fully implement either the original or the 
alternative final ASM cutpoints by September 1, 2003. There are three 
compelling reasons for EPA to approve the proposed time frame for final 
ASM cutpoint implementation: (1) The SIP deadline that is being removed 
from the SIP has past and can no longer be met; (2) the Commonwealth is 
moving as expeditiously as possible to adopt the new EPA alternative 
ASM cutpoints; and (3) the Federal court order compels the Commonwealth 
to implement final cutpoints on an expedited schedule that is as 
ambitious as can reasonably be expected. Therefore, EPA believes that 
the Commonwealth's SIP revision, in conjunction with a Federal court 
order, will provide for implementation of final ASM cutpoints by 
September 1, 2003.
    Specific details of the final cutpoints being adopted by 
Pennsylvania are available for review in the technical support document 
(TSD) prepared by EPA for this action and in the proposed SIP materials 
submitted by Pennsylvania, both of which are contained in the docket 
for this rulemaking action. These materials are available for 
inspection at the locations listed in the ADDRESSES section of this 
rulemaking action. A copy of the TSD is also available, upon request, 
by contacting Brian Rehn at (215) 814-2176, or by e-mail at 
[email protected].

III. Proposed Action

    EPA proposing to approve Pennsylvania's SIP revision for ASM test 
standards under the enhanced I/M program in Southeast Pennsylvania, 
which was submitted on June 5, 2003. EPA is soliciting public comments 
on the issues discussed in this notice or on other relevant matters. 
These comments will be considered before taking final action. 
Interested parties may participate in the Federal rulemaking procedure 
by submitting either electronic or written comments. To ensure proper 
receipt by EPA, identify the appropriate rulemaking identification 
number [writer: insert AIRTRAX No.] in the subject line on the first 
page of your comment. Please ensure that your comments are submitted 
within the specified comment period. Comments received after the close 
of the comment period will be marked ``late.'' EPA is not required to 
consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any

[[Page 38268]]

cover letter accompanying the disk or CD ROM. This ensures that you can 
be identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to: 
[email protected], attention: [writer: insert AIRTRAX No.]. EPA's 
e-mail system is not an ``anonymous access'' system. If you send an e-
mail comment directly without going through Regulations.gov, EPA's e-
mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    ii. Regulations.gov. Your use of Regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then select 
``Environmental Protection Agency'' at the top of the page and use the 
``go'' button. The list of current EPA actions available for comment 
will be listed. Please follow the online instructions for submitting 
comments. The system is an ``anonymous access'' system, which means EPA 
will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in the ADDRESSES 
section of this document. These electronic submissions will be accepted 
in WordPerfect, Word or ASCII file format. Avoid the use of special 
characters and any form of encryption.
    2. By Mail. Written comments should be addressed to the EPA 
Regional office listed in the ADDRESSES section of this document.
    This revision is being proposed under a procedure called parallel 
processing, whereby EPA proposes rulemaking action concurrently with 
the state's procedures for amending its regulations. If the proposed 
revision is substantially changed in areas other than those identified 
in this document, EPA will evaluate those changes and may publish 
another notice of proposed rulemaking. If no substantial changes are 
made other than those areas cited in this document, EPA will publish a 
Final Rulemaking Notice on the revisions. The final rulemaking action 
by EPA will occur only after the SIP revision has been adopted by 
Pennsylvania and submitted formally to EPA for incorporation into the 
SIP.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed 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 proposes to approve 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 proposed 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 proposes to approve 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 proposed 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 proposed rule to 
approve amendments to the ASM testing provisions of Pennsylvania's I/M 
program does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: June 17, 2003.
Richard J. Kampf,
Acting Regional Administrator, Region III.
[FR Doc. 03-16237 Filed 6-26-03; 8:45 am]
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