[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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