[Federal Register Volume 71, Number 94 (Tuesday, May 16, 2006)]
[Proposed Rules]
[Page 28290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7409]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 182-4196b; FRL-8170-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Withdrawal of Proposed Rule; Motor Vehicle Inspection and 
Maintenance Program--Request for Delay in the Incorporation of On-Board 
Diagnostics Testing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of proposed rule.

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SUMMARY: EPA is withdrawing a proposed rule published on June 6, 2002, 
pertaining to Pennsylvania's timing in incorporating on-board 
diagnostic (OBD) checks as an element of its motor vehicle inspection 
and maintenance (I/M) program. EPA's I/M requirements rule, or I/M 
rule, established deadlines by which states were to add OBD checks to 
their I/M programs (i.e., no later than January 1, 2002). However, 
EPA's I/M rule provided states the option to submit a request to EPA to 
delay OBD testing for no more than one additional year. Pennsylvania 
submitted a SIP revision requesting this optional one-year deadline 
extension on December 14, 2001.
    On June 6, 2002, EPA published a direct final rule (67 FR 38894) to 
approve Pennsylvania's request to delay OBD testing as a revision to 
the Pennsylvania State Implementation Plan (SIP). EPA received adverse 
comments during the comment period established for that rule. On August 
5, 2002 EPA published a withdrawal notice (67 FR 50602) of its June 
2002 direct final rule. As stated in EPA's direct final rule, upon 
EPA's withdrawal of the direct final rule, a proposed rulemaking action 
remained in place. EPA never took final action upon that proposed rule.
    Pennsylvania subsequently submitted two SIP revisions (on December 
1, 2003 and January 30, 2004) that revised its I/M program in its 
entirety--including the incorporation of OBD checks as an element of 
its program. EPA published a final rule fully approving the 
Commonwealth's revamped I/M program on October 6, 2005 (70 FR 58313).
    Since EPA has fully approved the Commonwealth's I/M program 
(including the OBD check component of the program), EPA's proposed rule 
to grant the Commonwealth's request for an extension of the deadline to 
incorporate OBD checks is no longer necessary. On November 17, 2005, 
Pennsylvania formally requested withdrawal of its December 14, 2001 SIP 
revision from EPA. Therefore, EPA is today withdrawing its proposed 
rule (67 FR 38924) to grant the Commonwealth's OBD deadline extension.

DATES: The proposed rule is withdrawn as of May 16, 2006.

FOR FURTHER INFORMATION CONTACT: Brian Rehn, Air Quality Planning 
Branch, Mailcode 3AP21, 1650 Arch Street, Philadelphia, PA 19103. Phone 
(215) 814-2176, or e-mail [email protected].

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements.

    Dated: May 5, 2006.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E6-7409 Filed 5-15-06; 8:45 am]
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