[Federal Register Volume 70, Number 79 (Tuesday, April 26, 2005)]
[Proposed Rules]
[Pages 21384-21387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8324]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2004-PA-0001; FRL-7903-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Revision to the Vehicle Inspection and Maintenance 
Program for the South Central and Northern Regions and New Safety 
Inspection Program Enhancements for Non-I/M Areas

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 Pennsylvania's prior, Federally approved enhanced 
vehicle inspection and maintenance (I/M) SIP, in particular to the I/M 
test type to apply to sixteen counties (Berks, Blair, Cambria, Centre, 
Cumberland, Dauphin, Erie, Lancaster, Lackawanna, Lebanon, Lehigh, 
Luzerne, Lycoming, Mercer, Northampton and York). Pennsylvania had 
previously adopted (but did not commence) a different form of testing 
for these counties, which EPA previously SIP-approved. Pennsylvania's 
revised SIP: Incorporates onboard diagnostic computer system checks for 
vehicles equipped with second generation onboard diagnostic systems 
(OBD-II) in the 8-county South Central Region (comprised of Berks, 
Dauphin, Cumberland, Lancaster, Lebanon, Lehigh and York Counties); 
applies different I/M test requirements for the South Central Region 
versus the 8-county Northern Region (comprised of Blair, Cambria, 
Centre, Erie, Lackawanna, Luzerne, Lycoming and Mercer Counties) in 
order to address the different air pollution concerns and vehicle 
fleets of those regions; revises Pennsylvania's motor vehicle safety 
inspection program (as it applies to forty-two counties not subject to 
Federal I/M program requirements) to include a visual inspection of 
safety-subject vehicles for the presence of certain emissions-related 
components, consistent with visual inspections performed under the I/M 
program in I/M-subject counties; revises the prior approved I/M SIP to 
incorporate miscellaneous program changes made by Pennsylvania since 
commencement of the enhanced I/M program in 1997 in the Pittsburgh and 
Philadelphia Regions; removes references in the prior approved SIP to 
the now defunct basic inspection program, which operated in the 
Allentown/Bethlehem/Easton program area until 1999. EPA proposes to 
approve Pennsylvania's I/M program revision submitted December 1, 2003, 
as amended April 24, 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 Material in 
EDocket (RME) ID Number R03-OAR-2004-PA-0001 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-0001, Dave Campbell, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 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-
0001. 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, (215) 814-2176, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The Clean Air Act (CAA) as amended in 1990 requires states to adopt 
an enhanced motor vehicle emissions inspection and maintenance program 
for 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

[[Page 21385]]

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 submitted its 
adopted program to EPA as a SIP revision. That program utilized a 
decentralized I/M testing network comprised of privately owned stations 
for operation of the program.
    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 
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 as 
part of their I/M programs. These OBD checks are to be performed on 
vehicles having second generation OBD systems, referred to as OBD-II. 
Vehicles equipped with OBD-II systems were first introduced beginning 
in the 1994 model year, but not every car sold was fully compliant with 
OBD-II standards for light-duty vehicles until the 1996 model year. 
Since engines in these newer vehicles are largely electronically 
controlled (with their operation overseen by computerized control unit) 
the operation of the engine and its supporting systems can be monitored 
with proper software. The vehicle's OBD-II computer can detect 
malfunctions in the operation of critical systems and components, 
storing information related to any malfunction in its memory and 
simultaneously triggering a dashboard warning light to alert the driver 
of a problem. OBD-monitored malfunctions may impact air pollution 
emissions from the vehicle, therefore, Congress required OBD checks as 
a mandatory element of I/M programs under the Clean Air Act. An 
additional benefit of OBD testing is that diagnostic information 
provided by these systems provides for more accurate diagnosis of 
emission-related malfunctions than can otherwise be obtained from 
tailpipe emissions testing or from visual inspection of the vehicle 
emissions system.
    When EPA originally adopted its I/M requirements rule in 1992, 
Federal OBD-II certification standards had not yet been developed. EPA 
later amended its 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--one 
on December 1, 2003 and one on January 30, 2004. EPA is proposing 
rulemaking action here only upon the December 1, 2003 SIP revision. EPA 
is proposing a rulemaking action on the January 30, 2004 SIP revision 
in a separate rulemaking action. Together these SIP revisions amend the 
Commonwealth's prior approved I/M SIP, which EPA approved on June 17, 
1999 (64 FR 32411).

II. Summary of Pennsylvania's December 2003 SIP Revision--Description 
of the Revised Emissions and Safety Inspection Programs

    On December 1, 2003, 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 December 1, 2003 
SIP revision on April 29, 2004. Hereafter, the corrected version is 
referred to as the December 2003 SIP revision. This December 2003 SIP 
revision serves several purposes. First, the SIP revision updates 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. Second, the SIP revision amends 
the prior approved SIP to alter the I/M program design to be 
implemented in sixteen counties where enhanced I/M had been required 
under prior versions of state regulation and the approved SIP.
    The Commonwealth's December 2003 SIP revision revises the emissions 
testing regimen that will apply to sixteen previously subject counties 
now designated as the South Central and Northern I/M Regions. Emissions 
testing will continue to apply 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 an I/M region. Those vehicles 
that are exempted or excluded from testing include current model year 
vehicles and any otherwise subject vehicle which has traveled less than 
5,000 miles in the previous year. Emissions testing continues to be 
required on an annual basis, in coordination with a Pennsylvania safety 
inspection.
    Pennsylvania's December 2003 SIP revision contains modifications to 
the emissions testing regulations at Chapter 177 of Title 67 of the 
Pennsylvania Code and public notice from the Department of 
Transportation that certifies that I/M testing implementation is to be 
phased in beginning December 1, 2003. The revised emission regulation 
establishes differing emissions testing regimen for each subject I/M 
Region. The South Central I/M Region is defined to encompass the 
Counties of Berks, Cumberland, Dauphin, Lancaster, Lebanon, Lehigh, 
Northampton and York. Emissions testing there 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, the subject 1975 to 1995 vehicles receive a gas cap 
leakage test and will also undergo a visual anti-tampering inspection 
of emissions-related components. The Commonwealth applies the same 
anti-tampering inspection in all emissions and safety program counties, 
entailing 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 SIP revision defines the Northern I/M Region to include the 
Counties of Blair, Cambria, Centre, Erie, Lackawanna, Luzerne, Lycoming 
and Mercer. Emissions testing there consists of visual anti-tampering 
inspection of 1975 and newer vehicles, as described above, and a gas 
cap leakage test of

[[Page 21386]]

those same vehicles. Testing in the Northern Region program varies from 
that of the South Central Region in that the Commonwealth does not 
require OBD I/M checks as part of the Northern Region.
    The December 1, 2003 SIP revision also contains amendments to the 
Commonwealth's motor vehicle safety inspection program, which is 
codified at Chapter 175 of Title 67 of the Pennsylvania Code. Under 
this revised safety inspection program, vehicles registered in counties 
not subject to emissions testing under Pennsylvania I/M regulation (at 
Chapter 177 of Title 67) must undergo a visual anti-tampering 
inspection as part of the safety inspection. This safety program visual 
inspection applies in forty-two of the Commonwealth's sixty-seven 
counties. The result is that Pennsylvania now requires an annual visual 
anti-tampering inspection on a statewide basis for 1975 to 1995 
vehicles through either the applicable I/M or safety inspection 
program. In the Non-I/M areas subject to the safety inspection program, 
anti-tampering inspection applies on a broader basis to include 
vehicles older than 1975 and newer than 1995. Addition of the anti-
tampering inspection in Non-I/M areas as part of the safety inspection 
program applies to the following Counties: Adams, Armstrong, Bedford, 
Bradford, Butler, Cameron, Carbon, Clarion, Clearfield, Clinton, 
Columbia, Crawford, Elk, Fayette, Forest, Franklin, Fulton, Greene, 
Huntington, Indiana, Jefferson, Juniata, Lawrence, McKean, Mifflin, 
Monroe, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, 
Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, 
Wayne and Wyoming.
    The December 2003 SIP includes additional materials, including 
revised emissions benefits modeling supporting the changes in the 
emissions and safety inspection programs, new test equipment 
specifications for OBD inspection equipment, new inspection procedures 
for visual anti-tampering program, stand alone test equipment 
specifications for OBD and visual testing, supplements to 
Pennsylvania's contract for management of the I/M program, sample 
vehicle inspection reports and other miscellaneous support documents.
    The Commonwealth's December 2003 SIP revision does not address 
changes to the I/M programs in the Pittsburgh and Philadelphia Regions, 
except in cases where updates to the Commonwealth's regulations affect 
all I/M-subject regions. Pennsylvania has submitted separate SIP 
revisions to EPA to address changes specific to the Pittsburgh and 
Philadelphia I/M programs. Those SIP revisions are the subject of a 
separate rulemaking(s).
    Finally, Pennsylvania's December 2003 SIP revision submittal to EPA 
does not include regulatory language adopted as part of Pennsylvania 
regulation that would phase-down/phase-out I/M testing of pre-1996 
subject vehicles at a point in time when pre-1996 vehicles make up less 
than a certain portion of the region's total I/M subject fleet. The 
Commonwealth has also not included in its December 2003 SIP revision 
submittal to EPA the language in its regulation 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. Neither of these state regulatory 
provisions was submitted as part of the SIP and therefore these 
provisions are 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 December 1, 2003, as amended by a technical correction on 
April 29, 2004. This SIP revision incorporates changes being made by 
Pennsylvania to its I/M program in general and specifically with regard 
to the program testing regimen in the South Central and Northern I/M 
Regions as described herein.
    EPA is also proposing to approve Pennsylvania's visual anti-
tampering inspection (under the safety inspection program in the Non-I/
M Regions) as a SIP strengthening air quality control measure, not as 
an enhanced I/M program pursuant to EPA's I/M requirement rule (at 40 
CFR 51, Subpart S). While anti-tampering testing is not required in the 
Non-I/M Region counties of Pennsylvania, Pennsylvania has voluntarily 
undertaken this measure to bolster emissions reductions towards meeting 
the goals of the other areas of the Commonwealth that are subject to I/
M program testing. The Non-I/M Region anti-tampering inspection program 
was not undertaken in support of any currently existing air quality 
rate of progress, attainment or maintenance plan. However, the Non-I/M 
program for the affected fourty-two counties does provide a minor 
benefit toward the I/M performance standard demonstration for the 
sixteen counties comprising the South Central and Northern Regions. EPA 
therefore proposes to incorporate the safety inspection program for 
Non-I/M Regions into the SIP as a SIP strengthening measure, in that it 
does reduce ozone-related pollution and that it may provide benefit to 
neighboring areas that violate the National Ambient Air Quality 
Standards (NAAQS) for ozone. For more information regarding EPA's 
detailed review of the Commonwealth's December 30, 2003 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

[[Page 21387]]

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 prior SIP-
approved 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 
record keeping requirements, Volatile organic compounds.

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

    Dated: April 15, 2005.
Richard Kampf,
Acting Regional Administrator, Region III.
[FR Doc. 05-8324 Filed 4-25-05; 8:45 am]
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