[Federal Register Volume 70, Number 79 (Tuesday, April 26, 2005)]
[Proposed Rules]
[Pages 21380-21384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8323]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2004-PA-0002; FRL-7903-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Revision to the Vehicle Inspection and Maintenance 
Program for the Philadelphia and Pittsburgh I/M Regions

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 revision 
establishes mandatory onboard

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diagnostic testing under the Commonwealth's motor vehicle inspection 
and maintenance (I/M) program, which applies to motorists in the I/M-
designated areas (denoted by Pennsylvania as I/M Regions) of 
Philadelphia and Pittsburgh. This onboard diagnostic I/M testing 
applies only to 1996-and-newer vehicles that are already subject to 
Pennsylvania's existing I/M program and that are equipped with second 
generation on-board diagnostic systems (or OBD-II).
    The Commonwealth's SIP revision also includes a revised I/M program 
regulation that is an updated version of the previously approved 
Pennsylvania I/M SIP. This revised regulation contains minor updates 
made by Pennsylvania to their I/M program since inception of enhanced 
I/M testing in the Pittsburgh and Philadelphia areas since 1997. 
However, these administrative changes (which affect the Commonwealth's 
entire I/M program in all regions) were also part of a separate I/M 
program SIP revision submitted by Pennsylvania on December 1, 2003. EPA 
is addressing those administrative, program-wide changes via a 
separate, simultaneous rulemaking action on that December 2003 SIP 
revision. Therefore, those administrative changes are not being 
readdressed by EPA here.
    For purposes of this rulemaking action, only changes in the testing 
regimen applicable to the Philadelphia and Pittsburgh I/M Regions are 
addressed. The intended effect of this action is to propose approval of 
the Commonwealth's revised I/M program submitted to EPA on January 30, 
2004, as amended on April 29, 2004. This action is being taken under 
the authority of the Clean Air Act.

DATES: Written comments must be received on or before May 26, 2005.

ADDRESSES: Submit your comments, identified by Regional Materials in 
Edocket (RME) ID Number R03-OAR-2004-PA-0002 by one of the following 
methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    B. Agency Web site: http://www.docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the on-line instructions for submitting 
comments.
    C. E-mail: [email protected].
    D. Mail: R03-OAR-2004-PA-0002, Dave Campbell, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 650 Arch Street, Philadelphia, Pennsylvania 19103.
    E. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to RME ID No. R03-OAR-2004-PA-
0002. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov 
or e-mail. The EPA RME and the Federal regulations.gov Web sites are an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://www.docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in RME 
or in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Pennsylvania Department of Environmental 
Protection, Bureau of Air Quality, P.O. Box 8468, 400 Market Street, 
Harrisburg, Pennsylvania 17105.

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

SUPPLEMENTARY INFORMATION: On January 30, 2004, the Pennsylvania 
Department of Environmental Protection (PA DEP) submitted a revision to 
its State Implementation Plan (SIP) for the enhanced I/M program that 
applies to vehicles registered in the Pittsburgh and Philadelphia I/M 
Regions. On April 29, 2004, PA DEP submitted a technical amendment to 
the January 30, 2004 SIP revision (hereafter referred to as the January 
2004 SIP revision).

I. Background

    The Clean Air Act (CAA) as amended in 1990 requires States to adopt 
an enhanced motor vehicle emissions inspection and maintenance (or I/M) 
program in selected areas. An I/M program is required based upon an 
area's air quality (i.e., whether areas violate national ambient air 
quality standards), the population of its metropolitan centers and 
whether or not the State lies within the Ozone Transport Region 
established by the CAA. EPA set forth regulatory requirements to guide 
States in adoption of I/M programs in November 1992, subsequently 
revising those regulations on several occasions. These regulatory 
requirements, hereafter referred to as EPA's I/M requirements rule, are 
codified at 40 CFR part 51, subpart S.

A. Pennsylvania's Prior Enhanced I/M SIP and EPA's SIP Approval Actions

    Pennsylvania adopted several iterations of enhanced I/M during the 
1990s, culminating in the publication of a final I/M regulation in the 
September 27, 1997 edition of the Pennsylvania Bulletin (Vol. 27, No. 
39), codified in Chapter 177 of the PA Code. Pennsylvania chose to 
adopt an I/M test network utilizing decentralized, privatized stations 
for operation of the program and submitted that program to EPA for SIP 
approval.
    Through a series of rulemakings, EPA subsequently approved the 
Commonwealth's I/M program as part of the Pennsylvania SIP, culminating 
in a final rule granting full SIP approval published in the June 17, 
1999 edition of the Federal Register (64 FR 32411). That prior I/M SIP 
approval action is hereafter referred to as EPA's June 1999 SIP 
approval, or simply as the June 1999 SIP approval. Pennsylvania

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subsequently made a minor modification to the approved SIP in July of 
2003 to revise its Acceleration Simulation Mode (or ASM) testing 
methodology and test standards that apply to the Philadelphia area 
program. EPA approved that revision on August 15, 2003 (68 FR 48803).

B. Federal On-Board Diagnostic Testing Requirements

    The Clean Air Act as amended in 1990 requires States to incorporate 
checks of light-duty motor vehicle on-board diagnostic (OBD) systems 
into their I/M programs. These OBD checks are to be performed on 
vehicles equipped with second generation OBD systems (referred to as 
OBD-II). Such OBD-II-equipped vehicles were first introduced beginning 
in the 1994 model year, but were not available in every new light-duty 
vehicle until the 1996 model year. Since engines in these newer 
vehicles are largely electronically controlled, with their operation 
overseen by a computerized control unit, the operation of the engine 
and its supporting systems is monitored by the OBD-II software. The 
vehicle's OBD-II computer detects malfunctions in the operation of 
critical systems and components as they occur and stores information 
related to any such problem in its memory, while simultaneously 
triggering a dashboard warning light to alert the driver of a problem. 
Such OBD-monitored malfunctions may impact the level of air pollution 
emitted by the vehicle, therefore Congress required under the Clean Air 
Act that OBD checks be a mandatory part of I/M programs. An added 
benefit from OBD checks is that diagnostic information garnered from 
OBD checks provides for more accurate diagnosis of emission-related 
malfunctions than could otherwise be obtained from tailpipe emissions 
testing or visual inspection of the vehicles's emissions system 
components.
    In November 1992, when EPA originally adopted its I/M requirements 
rule, Federal OBD-II certification standards had not yet been 
developed. EPA amended its 1992 I/M requirements rule in August 1996 to 
establish testing standards for I/M checks of OBD-II-equipped vehicles. 
On May 4, 1998 and again on April 5, 2001, EPA amended its I/M 
requirements rule specifically to address requirements for OBD checks 
to be performed as part of I/M programs. In order for the Commonwealth 
to implement these new OBD test requirements as part of its SIP's I/M 
program, Pennsylvania needed to amend its regulations and to submit 
those amendments to EPA as SIP revisions. The Commonwealth submitted 
two SIP revisions to EPA to incorporate OBD testing into its I/M 
program dated December 1, 2003 and January 30, 2004, respectively. 
These revisions address different geographic regions in Pennsylvania 
that are subject to I/M programs under the Clean Air Act. Together 
these SIP revisions amend the Commonwealth's prior approved I/M SIP, 
which EPA approved on June 17, 1999 (64 FR 32411).
    EPA is proposing rulemaking action herein only upon the January 30, 
2004 SIP revision. EPA is taking separate, simultaneous rulemaking 
action on the Commonwealth's December 1, 2003 I/M SIP revision. Please 
refer to that separate EPA rulemaking action for details on EPA's 
Federal approval of changes to the Pennsylvania I/M program that are 
not related to the emissions inspection testing performed in the 
Pittsburgh and Philadelphia areas.

II. Summary of Pennsylvania's January 2004 SIP Revision To Revise the 
Emissions Inspection Program for the Philadelphia and Pittsburgh 
Regions

    On January 30, 2004, Pennsylvania submitted a revision to its 
enhanced I/M SIP approved by EPA on June 17, 1999 (64 FR 32411). The 
Commonwealth submitted a technical correction to the January 30, 2004 
SIP revision on April 29, 2004. Hereafter, the corrected version is 
referred to as the January 2004 SIP revision. This January 2004 SIP 
revision serves several purposes. It serves to update the 
Commonwealth's emissions testing program to comply with recent changes 
to Federal requirements regarding incorporation of on-board diagnostic 
checks to enhanced I/M program areas. This SIP revision also amends the 
Commonwealth's prior approved SIP to alter the I/M test regimen for the 
Philadelphia and Pittsburgh Regions. The I/M program continues to apply 
on an annual basis to most 1975 and newer model year, gasoline-powered 
vehicles having a gross vehicle weight rating of 9,000 pounds or less 
that are registered in a I/M region, as defined by Pennsylvania 
regulation. However, pre-1996 vehicles that reach twenty-five model 
years in age will be required to undergo only a gas cap test and a 
visual inspection of certain emission control devices. Pre-1996 
vehicles that are then 25 years old will no longer undergo tailpipe 
emissions testing.
    The Philadelphia I/M Region is defined by Pennsylvania to encompass 
the Counties of Bucks, Chester, Delaware, Montgomery and Philadelphia. 
The Pittsburgh Region is comprised of Allegheny, Beaver, Washington and 
Westmoreland Counties. Emissions testing in both areas consists of an 
annual on-board diagnostic system check for 1996 and newer OBD-II-
equipped vehicles and a gas cap leakage test (in order to verify a gas 
cap's ability to prevent evaporative hydrocarbon vapor from escaping).
    Additionally, subject 1975 to 1995 vehicles (and heavy duty 1996 
and newer subject vehicles) receive a gas cap leakage test and also 
undergo a visual anti-tampering inspection of emissions-related 
components. The anti-tampering inspection entails visual inspection of 
the following components, to ensure such components have not been 
removed or rendered inoperable: catalytic converter, exhaust gas 
recirculation (EGR) system, positive crankcase ventilation (PCV) valve, 
air pump, evaporative control system components and fuel tank inlet 
restrictor.
    The type of tailpipe testing required in both the Philadelphia and 
Pittsburgh Regions is based upon vehicle weight and type and model year 
of the vehicle. Different testing regimen apply in the Philadelphia 
area (due to the severity of the air quality problem there) and the 
Pittsburgh area. The only notable change to the testing regimen from 
that of the prior Pennsylvania I/M SIP approved by EPA in June 1999 is, 
as was noted above, that pre-1996 vehicles that reach twenty-five model 
years in age will be required to undergo only a gas cap test and a 
visual inspection of certain emission control devices--but will not 
need to undergo tailpipe exhaust emissions testing in any form. By 
2021, tailpipe exhaust emissions testing for all pre-1996 model year 
vehicles will be dropped altogether, in lieu of a gas cap check and a 
visual inspection only. Please refer to the technical support document 
prepared by EPA for this rulemaking action for a detailed description 
of the test regimen as it applies to specific vehicles (dependent on 
vehicle age, vehicle weight, vehicle type and the calender year of 
testing).
    The Commonwealth's January 2004 SIP submission to EPA also includes 
additional supporting materials--including a new demonstration of 
compliance of the revised I/M programs for the Pittsburgh and 
Philadelphia Regions to Federal I/M performance-based standards. The 
Commonwealth has used MOBILE emission factor modeling to show that the 
program in each of these Regions meets Federal performance-based goals, 
as evaluated in calender year 2005 and 2007.
    The Commonwealth's January 2004 SIP revision does not address minor

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administrative changes made by Pennsylvania that make minor changes and 
updates to I/M programs regardless of which geographic region such 
programs apply. However, the Commonwealth's revised I/M regulation 
contained in the January 2004 SIP revision is reflective of these 
administrative changes. The Commonwealth provided supporting materials 
and their argument for these changes as part of its December 1, 2003 I/
M SIP revision. That SIP revision also addresses changes to I/M testing 
performed in regions outside of Philadelphia and Pittsburgh and changes 
to the safety inspection program in non-I/M Regions of Pennsylvania. 
EPA is taking separate, simultaneous rulemaking action upon the 
December 1, 2003 SIP revision to address those program-wide, 
administrative changes as they apply to all I/M-subject Regions of the 
Commonwealth. Please refer to EPA's proposed rulemaking for the 
December 1, 2003 SIP for a discussion on these minor changes. Comments 
related to these provisions should be directed to the docket for the 
December 1, 2003 SIP rulemaking action (regardless of the geographic 
area of concern).
    Certain language adopted by Pennsylvania as part of its I/M 
regulation, codified at 67 PA Code Chapter 177, has been redacted by 
Pennsylvania from the I/M SIP revisions. Specifically, this language is 
omitted from both the December 2003 and the January 2004 SIP revisions 
as submitted to EPA. This State regulatory language provides 
Pennsylvania the potential to phase-down/phase-out of I/M testing of 
pre-1996 subject vehicles at a point in time when pre-1996 vehicles 
make up a preset proportion of a given region's total, I/M-subject 
fleet. Since this language is excluded from the SIP revisions, it is 
not before EPA for consideration for inclusion to the Pennsylvania SIP.
    The Commonwealth has also excluded regulatory language from both 
the December 2003 and January 2004 SIP submissions to EPA that would 
set the minimum repair expenditure for failing vehicles in need of I/M-
related repairs (or waiver limit) at $150 for the first two years after 
commencement of a new I/M program. That language is, therefore, not 
under consideration by EPA as a revision to the Pennsylvania SIP.

III. Proposed Action

    EPA is proposing to approve Pennsylvania's I/M SIP revision 
submitted on January 30, 2004, as amended by Pennsylvania via a 
technical correction on April 29, 2004. This SIP revision incorporates 
changes being made by Pennsylvania to its I/M program applicable in the 
Philadelphia and Pittsburgh I/M Regions as described herein.
    For more information regarding EPA's detailed review of the 
Commonwealth's January 30, 2004 I/M SIP revision, please refer to the 
Technical Support Document (TSD) prepared by EPA in support of this 
rulemaking action. The TSD is part of the docket for this action and is 
available at the EPA office listed in the ADDRESSES portion of this 
proposed rulemaking. EPA is soliciting public comments on the issues 
discussed in this document. 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.

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 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 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), nor will it 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), because it 
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 (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. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this proposed rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order.
    This proposed rule to approve a revision to Pennsylvania's motor 
vehicle inspection and maintenance Program for the Pittsburgh and 
Philadelphia Regions 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.


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    Dated: April 19, 2005.
Richard Kampf,
Acting Regional Administrator, Region III.
[FR Doc. 05-8323 Filed 4-25-05; 8:45 am]
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