[Federal Register Volume 68, Number 228 (Wednesday, November 26, 2003)]
[Rules and Regulations]
[Pages 66343-66348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29427]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DE059-1038a; FRL-7590-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Revisions to Delaware's Motor Vehicle Emissions Inspection 
Program and Low Enhanced Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

[[Page 66344]]


ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Delaware State Implementation Plan (SIP). The revisions effect 
Delaware's Motor Vehicle Emissions Inspection Program and Low Enhanced 
Inspection and Maintenance Program. These revisions include a five-
model-year vehicle exemption, the incorporation of a New Model Year 
Clean Screen provision, and the addition of an on-board diagnostic 
(OBD) systems check. EPA is approving these revisions to Delaware's SIP 
in accordance with the requirements of the Clean Air Act.

DATES: This rule is effective on January 26, 2004, without further 
notice, unless EPA receives adverse written comment by December 26, 
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: 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. To submit comments, please 
follow the detailed instructions described in part III 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.

FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, (215) 814-
2174, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On January 30, 2001, the Delaware Department of Natural Resources 
and Environmental Control (DNREC) submitted SIP revisions to Delaware 
Regulation 26: Motor Vehicle Emissions Inspection Program and Delaware 
Regulation 31: Low Enhanced Inspection and Maintenance (LEIM) Program. 
The revisions to Regulation 26 include a provision to exempt the five 
newest model year vehicles from inspection and an amendment to the 
program's waiver requirements. The revisions to Regulation 31 create a 
new car clean screen provision in the LEIM program. On September 24, 
2001, DNREC submitted another SIP revision to Regulation 31 that 
incorporates an on-board diagnostics (OBD) systems check as part of the 
LEIM Program.
    This rulemaking pertains to both the January 30, 2001 and September 
24, 2001 SIP revisions submitted by DNREC to amend Regulations 26 and 
31.

II. Summary of SIP Revision and EPA's Evaluation

    On January 30, 2001, DNREC officially submitted a revision to EPA 
pertaining to SIP-approved Delaware Regulation 31. Regulation 31 for 
the LEIM program applies in Kent and New Castle Counties. The revision 
includes a new model year clean screen provision whereby newer model 
year vehicles may be exempt from exhaust and evaporative emissions 
testing when waiting lines at inspection stations are too long. The 
previous version of Regulation 31 called for the use of a low emitter 
profile (LEP) model to clean screen vehicles at the lanes during peak 
inspection periods. However, this LEP model clean screen provision of 
the previous version of Regulation 31 was not implemented, and long 
lines continued to be a problem during certain times. The main reason 
for not implementing the LEP clean screen program was the complexity of 
integrating the LEP program into the existing information systems. The 
revision to Regulation 31 replaces the LEP model clean screen provision 
with a new model year clean screen exemption to exempt vehicles that 
are less than eight model years old. The DNREC provided a modeling 
analysis that demonstrates that with this new model year clean screen 
provision, its LEIM program still meets the applicable performance 
standard required under the Federal I/M rule. Furthermore, DNREC's 
analysis demonstrates that with this revision to Regulation 31, its 
LEIM program provides more emission reductions that the previous 
version calling for the use of an LEP model to clean screen. For a more 
detailed evaluation of the modeling analysis, please see the Technical 
Support Document (TSD) prepared in support of this rulemaking action. 
Copies of that TSD are available from the EPA Regional Office listed in 
the ADDRESSES section of this document. EPA has determined that these 
revisions to Regulation 31 are consistent with the applicable 
requirements of the Federal I/M rule.
    The DNREC's January 30, 2001 SIP revision submittal also included 
amendments to Delaware Regulation 26: Motor Vehicle Emissions 
Inspection Program, which only applies in Sussex County. The revisions 
to Regulation 26 include a provision to exempt the five newest model 
year vehicles from inspection and an amendment to the program's waiver 
requirements. EPA has determined that the five-year-model exemption and 
revised waiver provisions are consistent with the applicable 
requirements of the Federal I/M rule.
    On September 24, 2001, DNREC submitted to EPA further revisions to 
Regulation 31 to incorporate an OBD systems check as part of the LEIM 
Program. This revision addresses the key components for making an OBD 
systems check part of a LEIM program such as implementation deadlines, 
model year coverage, test standards and procedures, waivers, and test 
reports. The September 24, 2001 submittal also revises Regulation 31 to 
clarify the test procedures for the Evaporative System Integrity Test 
(pressure test). EPA has determined that these revisions to Regulation 
31 are consistent with the applicable requirements of the Federal I/M 
rule.

III. Final Action

    EPA is approving the SIP revisions submitted by DNREC on January 
30, 2001 pertaining to Regulations 26 and 31 and on September 24, 2001 
pertaining to Regulation 31 as described in Section II of this 
document.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment. 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 January 26, 2004, without further 
notice unless EPA receives adverse comment by December 26, 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.

[[Page 66345]]

    You may submit comments either electronically or by mail. To ensure 
proper receipt by EPA, identify the appropriate rulemaking 
identification number DE059-1038a 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 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. 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 DE059-1038. 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.
    ii. Regulations.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 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.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, confidential business information (CBI), or other 
information whose disclosure is restricted by statute. When EPA 
identifies a comment containing copyrighted material, EPA will provide 
a reference to that material in the version of the comment that is 
placed in the official public rulemaking file. The entire printed 
comment, including the copyrighted material, will be available at the 
Regional Office for public inspection.

Submittal of CBI Comments

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

Considerations When Preparing Comments to EPA

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

IV. Statutory and Executive Order Reviews

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

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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 must be filed in the United States Court 
of Appeals for the appropriate circuit by January 26, 2004. 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 approving revisions to Delaware Regulations 
26 and 31 pertaining to vehicle inspection and maintenance programs 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, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: November 13, 2003.
Maria Parisi Vickers,
Acting Regional Administrator, Region III.


0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart I--Delaware

0
2. In Section 52.420, the table in paragraph (c) is amended:
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a. Under Regulation 26 by revising the entries for Section 1, Section 
2, Section 4, Section 6, Section 9, and Technical Memorandum 
1.
0
b. Under Regulation 31 by revising the entries for Section 1, Section 
2, Section 3, Section 5, Section 6, Section 7, Section 8, Section 9, 
Section 13, Appendix 5(f), Appendix 6(a), Appendix 6(a)(8), and 
Appendix 9(a); and by adding an entry for Appendix 6(a)(9) after the 
existing entry for Appendix 6(a)(8).
    The revisions and additions read as follows:


Sec.  52.420  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                                      EPA-Approved Regulations in the Delaware SIP
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                                                                                  State
         State Citation                          Title/Subject                  effective         EPA approval date            Additional explanation
                                                                                   date
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                                                                      * * * * * * *
---------------------------------
                                                Regulation 26 Motor Vehicle Emissions Inspection Program
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 Section 1......................  Applicability and General Provisions.......      2/12/01  [11/26/03, Federal Register
                                                                                             page citation]
Section 2.......................  Definitions................................      2/12/01  [11/26/03, Federal Register
                                                                                             page citation]
 
                                                                      * * * * * * *
 Section 4......................  Exemptions.................................      2/12/01  [11/26/03, Federal Register
                                                                                             page citation]
 
                                                                      * * * * * * *
 Section 6......................  Compliance, Waivers and Extensions of Time.      2/12/01  [11/26/03, Federal Register
                                                                                             page citation]

[[Page 66347]]

 
 
                                                                      * * * * * * *
 Section 9......................  Calibration and Test Procedures and              2/12/01  [11/26/03, Federal Register
                                   Approved Equipment.                                       page citation]
 Technical Memoranum 1.  Delaware Division of Motor Vehicles Vehicle      2/12/01  [11/26/03, Federal Register    Formally referred to as
                                   Exhaust Emissions Test.                                   page citation]                 Technical Memorandum 1:
                                                                                                                            Motor Vehicle Inspection and
                                                                                                                            Maintenance Program Vehicle
                                                                                                                            Test Procecure and Machine
                                                                                                                            Calibration
 
                                                                      * * * * * * *
---------------------------------
                                              Regulation 31 Low Enhanced Inspection and Maintenance Program
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Section 1......................  Applicability..............................     10/11/01  [11/26/03, Federal Register
                                                                                             page citation]
 Section 2......................  Low Enhanced I/M Performance Standard......     10/11/01  [11/26/03, Federal Register
                                                                                             page citation]
 Section 3......................  Network Type and Program Evaluation........     10/11/01  [11/26/03, Federal Register
                                                                                             page citation]
 
                                                                      * * * * * * *
 Section 5......................  Vehicle Coverage...........................     10/11/01  [11/26/03, Federal Register
                                                                                             page citation]
 Section 6......................  Test Procedures and Standards..............     10/11/01  [11/26/03, Federal Register
                                                                                             page citation]
 Section 7......................  Waivers and Compliance Via Diagnostic           10/11/01  [11/26/03, Federal Register
                                   Inspection.                                               page citation]
 Section 8......................  Motorist Compliance Enforcement............     10/11/01  [11/26/03, Federal Register
                                                                                             page citation]
 Section 9......................  Enforcement Against Operators and Motor         10/11/01  [11/26/03, Federal Register
                                   Vehicle Technicians.                                      page citation]
 
                                                                      * * * * * * *
 Section 13.....................  Implementation Deadlines...................     10/11/01  [11/26/03, Federal Register
                                                                                             page citation]
 
                                                                      * * * * * * *
 Appendix 5(f)..................  New Model Year Clean Screen................  ...........  [11/26/03, Federal Register
                                                                                             page citation]
 Appendix 6(a)..................  Idle Test Procedure........................     10/11/01  [11/26/03, Federal Register
                                                                                             page citation]
 
                                                                      * * * * * * *
 Appendix 6(a)(8)...............  Evaporative System Integrity (pressure)         10/11/01  [11/26/03, Federal Register
                                   Test.                                                     page citation]
 Appendix 6(a)(9)...............  On-board Diagnostic Test Procedure.........     10/11/01  [11/26/03, Federal Register
                                                                                             page citation]
 

[[Page 66348]]

 
                                                                      * * * * * * *
 Appendix 9(a)..................  Enforcement Against Operators and               10/11/01  [11/26/03, Federal Register
                                   Inspectors.                                               page citation]
 
                                                                      * * * * * * *
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[FR Doc. 03-29427 Filed 11-25-03; 8:45 am]
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