[Federal Register Volume 69, Number 99 (Friday, May 21, 2004)]
[Rules and Regulations]
[Pages 29234-29236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11433]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. NJ68-275, FRL-7661-1]


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 request from New Jersey to revise its State 
Implementation Plan (SIP) to incorporate revisions to the enhanced 
inspection and maintenance (I/M) program. New Jersey has made several 
amendments to its I/M rules to comply with EPA regulations and to 
improve performance of the program and has requested that the SIP be 
revised to include these changes. Chief among the amendments EPA is 
approving is New Jersey's On-Board Diagnostic (OBD) program. EPA is 
approving New Jersey's latest I/M rule changes. The intended effect of 
this action is to maintain consistency between the State-adopted rules 
and the federally approved SIP.

DATES: Effective Date: This rule will be effective June 21, 2004.

ADDRESSES: Copies of the state submittal 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.
New Jersey Department of Environmental Protection, Bureau of Air 
Quality Planning, 401 East State Street, CN027, Trenton, New Jersey 
08625.

FOR FURTHER INFORMATION CONTACT: Reema Persaud, Air Programs Branch, 
290 Broadway, 25th Floor, New York, NY 10007-1866, (212) 637-4249, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On December 15, 2003 (68 FR 69637), EPA published a notice of 
proposed rulemaking regarding a State Implementation Plan (SIP) 
revision submitted by the State of New Jersey. The notice proposed to 
approve a revision to the SIP for New Jersey's enhanced inspection and 
maintenance (I/M) program. New Jersey made several amendments to its I/
M rules to comply with EPA regulations and to improve performance of 
the program and requested that the SIP be revised to include these 
changes. Chief among the amendments EPA proposed to approve is New 
Jersey's On-Board Diagnostic (OBD) program. A detailed description of 
New Jersey's submittals and EPA's rationale for the proposed action 
were presented in the December 15, 2003 proposal, referenced above, and 
will not be restated here.

II. Public Comments on the Proposed Action

    No comments were received for the proposed rulemaking published in 
the December 15, 2003 Federal Register.

III. Final Action

    EPA is taking final action to approve New Jersey's OBD I/M program 
and additional changes to the I/M SIP discussed in the Notice of 
Proposed Rulemaking titled ``Approval and Promulgation of 
Implementation Plans; New Jersey; Motor Vehicle Enhanced Inspection and 
Maintenance Program.'' EPA is approving the request for the exemption 
of OBD-eligible gasoline-fueled and bi-fueled school buses from 
enhanced I/M inspection, and for leasing companies and out-of-state 
dealerships to be allowed to issue temporary inspection decals. The SIP 
revision also incorporated several features of the current New Jersey 
Enhanced Inspection and Maintenance program, such as, the increase of 
the minimum cost expenditure value for the issuance of a waiver from 
$200 to $450; the exemption from dynamometer testing any motor vehicle 
``with a chassis height that has been modified so as to make its 
operation on a dynamometer either impractical or hazardous''; and the 
removal of all references to the evaporative pressure and purge test, 
while retaining the evaporative fuel cap leak test; and additional 
amendments to clarify definitions and other aspects of the program. The 
State demonstrated there is no adverse impact to air quality with the 
exemption of new cars from inspection for four years, as opposed to two 
years, and the change in the minimum cost expenditure value for the 
issuance of a waiver, from $200 to $450. Please refer to the proposed 
rulemaking 68 FR 69637 for further details on all approved measures. 
EPA's authority to approve New Jersey's enhanced I/M program is set 
forth at sections 110 and 182 of the Clean Air Act.

[[Page 29235]]

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 July 20, 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 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: April 29, 2004.
Jane M. Kenny,
Regional Administrator, Region 2.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations 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. 7401 et seq.

Subpart FF--New Jersey

0
2. Section 52.1570 is amended by adding new paragraph (c)(76) to read 
as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *
* * * * *
    (76) Revisions to the New Jersey State Implementation Plan (SIP) 
concerning the Enhanced Inspection and Maintenance Program, submitted 
on August 13, 2003 by the New Jersey Department of Environmental 
Protection (NJDEP).
    (i) Incorporation by reference:
    (A) Title 13, Chapter 20 of the NJAC: Subchapter 7, ``Vehicle 
Inspections'' (Section: 7.1); Subchapter 26, ``Compliance With Diesel 
Emission Standards and Equipment, Periodic Inspection Program for 
Diesel Emissions, and Self-Inspection of Certain Classes of Motor 
Vehicles'' (Sections: 26.2, 26.16); Subchapter 28, ``Inspection of New 
Motor Vehicles'' (Section 28.3); Subchapter 29, ``Mobile Inspection 
Unit'' (Section: 29.2); Subchapter 32, ``Inspection Standards and Test 
Procedures To Be Used By Official Inspection Facilities''; Subchapter 
33, ``Inspection Standards and Test Procedures To Be Used By Licensed 
Private Inspection Facilities''; Subchapter 43, ``Enhanced Motor 
Vehicle Inspection and Maintenance Program''; Subchapter 44, ``Private 
Inspection Facility Licensing''; and Subchapter 45, ``Motor Vehicle 
Emission Repair Facility Registration,'' effective May 19, 2003.
    (ii) Additional material:
    (A) Letter from State of New Jersey Department of Environmental 
Protection dated August 13, 2003, requesting EPA approval of a revision 
to the Enhanced Inspection and Maintenance Program SIP which contains 
amendments to the Subchapter 16 ``Control and Prohibition of Air 
Pollution from Volatile Organic Compounds.''

0
3. Section 52.1605 is amended by revising the entries under Title 13, 
Chapter 20 for Subchapters 7, 26, 28, 29, 32, 33, 43, 44, and 45 in the 
table in numerical order to read as follows:


Sec.  52.1605  EPA-approved New Jersey regulations.

[[Page 29236]]



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        State regulation               State effective date            EPA approved date            Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Title 13, Chapter 20 Subchapter   May 19, 2003.................  May 21, 2004
 7, ``Vehicle Inspection.''.                                     [Insert FR page citation].
    Sections: 7.1, 7.2, 7.3,
     7.4, 7.5, 7.6.
                                                  * * * * * * *
Subchapter 26, ``Compliance With  May 19, 2003.................  May 21, 2004
 Diesel Emission Standards and                                   [Insert FR page citation].
 Equipment, Periodic Inspection
 Program for Diesel Emissions,
 and Self-Inspection of Certain
 Classes of Motor Vehicles.''.
    Section: 26.2, 26.16........
Subchapter 28, ``Inspection of    May 19, 2003.................  May 21, 2004
 New Motor Vehicles.''.                                          [Insert FR page citation].
    Sections: 28.3, 28.4, 28.6.
Subchapter 29, ``Mobile           May 19, 2003.................  May 21, 2004
 Inspection Unit.''.                                             [Insert FR page citation].
    Sections: 29.1, 29.2, 29.3.
Subchapter 32, ``Inspection       May 19, 2003.................  May 21, 2004
 Standards and Test Procedures                                   [Insert FR page citation].
 To Be Used By Official
 Inspection Facilities.''.
Subchapter 33, ``Inspection       May 19, 2003.................  May 21, 2004
 Standards and Test Procedures                                   [Insert FR page citation].
 To Be Used By Licensed Private
 Inspection Facilities.''.
Subchapter 43, ``Enhanced Motor   May 19, 2003.................  May 21, 2004
 Vehicle Inspection and                                          [Insert FR page citation].
 Maintenance Program.''.
Subchapter 44, ``Private          May 19, 2003.................  May 21, 2004
 Inspection Facility                                             [Insert FR page citation].
 Licensing.''.
Subchapter 45, ``Motor Vehicle    May 19, 2003.................  May 21, 2004
 Emission Repair Facility                                        [Insert FR page citation].
 Registration.''.
 
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[FR Doc. 04-11433 Filed 5-20-04; 8:45 am]
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