[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Rules and Regulations]
[Pages 15263-15267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6208]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2011-0686, FRL-9635-5]


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: The Environmental Protection Agency (EPA) is approving a 
proposed revision to the State Implementation Plan (SIP) submitted by 
the New Jersey Department of Environmental Protection for New Jersey's 
enhanced inspection and maintenance (I/M) program. New Jersey has made 
several amendments to its I/M program to improve performance of the 
program and has requested that the SIP be revised to include these

[[Page 15264]]

changes. Chief among the amendments EPA is approving is New Jersey's 
amendment to its I/M program to establish a new exhaust emission test 
for gasoline fueled vehicles and the extension of the new vehicle 
inspection exemption from 4 years to 5 years. EPA is approving this SIP 
revision because it meets all applicable requirements of the Clean Air 
Act and EPA's regulations and because the revision will not interfere 
with attainment or maintenance of the national ambient air quality 
standards in the affected area. 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 April 16, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OAR-2011-0686. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., 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 through 
www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 2 Office, Air Programs Branch, 290 Broadway, 25th Floor, 
New York, New York 10007-1866. This Docket Facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
Docket telephone number is 212-637-4249.

FOR FURTHER INFORMATION CONTACT: Jenna Salomone, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-3741, [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA taking?
II. What was included in New Jersey's proposed SIP submittal?
III. What comments did EPA receive in response to its proposal?
IV. What are EPA's conclusions?
V. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is approving a revision, submitted by New Jersey on December 
15, 2009, and a supplemental revision, submitted by New Jersey on 
October 12, 2010, to the New Jersey State Implementation Plan (SIP) 
pertaining to New Jersey's motor vehicle enhanced inspection and 
maintenance (I/M) program. New Jersey provided EPA with documentation 
on the emission impacts that will result from proposed changes to New 
Jersey's enhanced I/M program including a comparison to the EPA I/M 
performance standard. The revisions submitted by New Jersey include a 
new exhaust emission test for gasoline fueled vehicles; the extension 
of the new vehicle inspection exemption from 4 years to 5 years; the 
elimination of repair cost waivers; the increase in the inspection 
frequency (to annual) for certain classes of commercial vehicles such 
as limousines, taxis and jitneys; and the subjecting of light duty 
diesel vehicles to emissions testing.

II. What was included in New Jersey's proposed SIP submittal?

    On December 15, 2009, New Jersey submitted a revision to the State 
of New Jersey's I/M program SIP. The submittal consists of new rules 
and rule amendments to the New Jersey Department of Environmental 
Protection's rules at New Jersey Administrative Code (N.J.A.C.) 7:27-
15, 7:27B-5 and the Motor Vehicle Commission rules at N.J.A.C. 13:20-7, 
13:20-24, 13:20-26, 13:20-28, 13:20-29, 13:20-32, 13:20-33, 13:20-43, 
13:20-44, 13:20-45, and N.J.A.C. 13:21-15.8 and 13:21-15.12.
    The proposed changes to New Jersey's I/M program include the 
establishment of a new exhaust emission test for gasoline fueled 
vehicles. The Two Speed Idle (TSI) test will replace both the 
Acceleration Simulation Mode (ASM5015) and 2500 Revolutions per Minute 
(RPM) tests. The TSI test is a tailpipe test which checks the vehicle's 
hydrocarbons, carbon monoxide, oxygen and carbon dioxide (HC, CO, 
O2 and CO2, respectively) exhaust emissions 
concentration levels at two different engine speeds, the regular idle 
and a fast idle around 2500 RPM. The ASM5015 test measures the 
concentrations of HC, CO and oxides of nitrogen (NOX), in a 
vehicle's tailpipe emissions when a vehicle is running under marginal 
load and at a steady rate or RPM. The 2500 RPM test is a tailpipe test 
that checks the vehicle's HC, CO, O2 and CO2 
exhaust emissions concentration levels at 2500 RPM.
    The proposed changes to New Jersey's I/M program also include: the 
elimination of repair cost waivers, the increase in the inspection 
frequency (to annual) for certain classes of commercial vehicles such 
as limousines, taxis and jitneys, and the subjecting of light duty 
diesel vehicles to emissions testing. New Jersey provided documentation 
on the emission impacts that will result from proposed changes to New 
Jersey's I/M program including a comparison to the EPA I/M performance 
standard.
    On October 12, 2010, New Jersey submitted a supplemental I/M 
program SIP revision which consisted of amendments to chapter 8 of 
Title 39 of the Revised Statutes of the state of New Jersey at R.S. 
39:8-1, 39:8-2, and 39:8-3. The submittal includes an extension of the 
new vehicle inspection exemption from 4 years to 5 years and an 
acknowledgement with supporting justification that New Jersey's 
decentralized I/M network (the private inspection facilities, or PIFs) 
is currently 96 percent as effective as New Jersey's centralized I/M 
network (the centralized inspection facilities, or CIFs). PIFs were 
previously assumed to be 80 percent as effective as CIFs, which New 
Jersey considered to likely be very conservative in light of the 
program and technology changes that were implemented in the years 
following the 80 percent effectiveness assumption. In May 2010, New 
Jersey authorized MACTEC Engineering and Consulting, Inc. to assess 
improvements in effectiveness of the decentralized program and to 
determine a reasonable effectiveness fraction that may be supported by 
data and technical reasoning. MACTEC analyzed the effectiveness of the 
decentralized PIF network relative to the CIF (centralized) network. 
The relative effectiveness of PIFs was based on data collected from 
PIFs and CIFs in 2009. As a result of the analysis, MACTEC determined 
that New Jersey should increase the effectiveness factor for PIFs and 
provided the following justifications:
     Fail rates for OBD inspections in PIFs were found to be 
nearly identical to those in CIFs;
     An analysis of triggers for OBD tests performed in 2009 
showed that over 99% of inspections in PIFs have no indications of 
fraud;
     New Jersey has implemented several additional OBD triggers 
in the new program, which will further reduce the incidence of fraud.
    On July 8, 2010, New Jersey submitted to EPA the final report 
prepared by MACTEC, dated June 23, 2010 entitled ``New Jersey Motor 
Vehicle Inspection Program PIF Effectiveness Study.''
    On September 16, 2011 (76 FR 57691), EPA proposed to approve New 
Jersey's revised I/M program. For a detailed discussion on the content 
and requirements of the revisions to New Jersey's regulations, the 
reader is referred to EPA's proposed rulemaking action.

[[Page 15265]]

III. What comments did EPA receive in response to its proposal?

    In response to EPA's September 16, 2011 proposed rulemaking action, 
EPA received no comments.

IV. What are EPA's conclusions?

    EPA's review of the materials submitted indicates that New Jersey 
has revised its I/M program in accordance with the requirements of the 
Clean Air Act, 40 CFR part 51 and all of EPA's technical requirements 
for an approvable Enhanced I/M program. EPA is approving the rules and 
rule amendments to the New Jersey Department of Environmental 
Protection's rules at N.J.A.C. 7:27-15, 7:27B-5 (replaces B-4), 
effective November 16, 2009, the Motor Vehicle Commission rules at 
N.J.A.C. 13:20-7, 13:20-24, 13:20-26, 13:20-28, 13:20-29, 13:20-32, 
13:20-33, 13:20-43, 13:20-44, 13:20-45, and N.J.A.C. 13:21-15.8 
(replaces 15.7), 13:21-15.12, all effective October 19, 2009 and the 
amendments to chapter 8 of Title 39 of the Revised Statutes of the 
state of New Jersey at R.S. 39:8-1, 39:8-2, and 39:8-3, effective July 
1, 2010, which incorporate New Jersey's motor vehicle inspection 
program requirements. The Clean Air Act gives states the discretion in 
program planning to implement programs of the state's choosing as long 
as necessary emission reductions are met.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 action 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 May 14, 2012. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Oxides of nitrogen, Ozone, Reporting and recordkeeping requirements, 
Volatile organic compounds.

    Dated: February 1, 2012.
Judith A. Enck,
Regional Administrator, Region 2.

    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)(92) to read 
as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *
    (92) Revisions to the New Jersey State Implementation Plan (SIP) 
submitted by the New Jersey Department of Environmental Protection for 
New Jersey's enhanced inspection and maintenance (I/M) program, dated 
December 15, 2009.
    (i) Incorporation by reference:
    (A) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code, Subchapter 15, ``Control and Prohibition of Air 
Pollution from Gasoline-Fueled Motor Vehicles,'' effective November 16, 
2009, and Appendix B-5, ``Air Test Method 5: Testing Procedures for 
Gasoline-Fueled Motor Vehicles,'' effective November 16, 2009.
    (B) Amendments to Chapter 20, Title 13 of the New Jersey 
Administrative Code, Subchapter 7, ``Vehicle Inspection'' (Sections: 
7.1, 7.2, 7.3, 7.4, 7.5, 7.6); Subchapter 24, ``Motorcycles'' (Section: 
24.20); 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 and 
26.16); Subchapter 28, ``Inspection of New Motor Vehicles''

[[Page 15266]]

(Sections 28.3, 28.4 and 28.6); Subchapter 29, ``Mobile Inspection 
Unit'' (Sections: 29.1, 29.2, 29.3); 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,'' 
all effective October 19, 2009.
    (C) Amendments to Chapter 21, Title 13 of the New Jersey 
Administrative Code, Subchapter 15, ``New Jersey Licensed Motor Vehicle 
Dealers'' (Sections: 15.8 and 15.12), effective October 19, 2009.
    (D) Amendments to Chapter 8, Title 39 of the Revised Statutes of 
the State of New Jersey at R.S. 39:8-1, 39:8-2, and 39:8-3, effective 
July 1, 2010.
    (ii) Additional material:
    (A) December 15, 2009, letter from Mark N. Mauriello, Acting 
Commissioner, NJDEP, to Judith A. Enck, Regional Administrator, EPA, 
requesting EPA approval of a revision to the State of New Jersey's I/M 
program SIP.
    (B) October 12, 2010, letter from Bob Martin, Commissioner, NJDEP, 
to Judith A. Enck, Regional Administrator, EPA, requesting EPA approval 
of the supplemental revision to the State of New Jersey's I/M program 
SIP.
    (C) July 8, 2010, letter from Bob Martin, Commissioner, NJDEP, to 
Judith A. Enck, Regional Administrator, EPA, requesting EPA approval of 
the supplemental revision to the State of New Jersey's I/M program SIP.


0
3. Section 52.1605 is amended by:
0
a. Revising the entry under Title 7, Chapter 27, for Subchapter 15;
0
b. Removing the entry for Title 7, Chapter 27B: Subchapter 4;
0
c. Adding new entry Title 7, Chapter 27B, Subchapter 5 in numerical 
order;
0
d. Revising the entries under Title 13, Chapter 20 for Subchapters 7, 
24, 26, 28, 29, 32, 33, 43, 44, and 45;
0
e. Removing the entry for Title 13, Chapter 21, Subchapter 15, Section 
15.7;
0
f. Adding new entry Title 13, Chapter 21, Subchapter 15, Sections 15.8 
and 15.12 in numerical order; and
0
g. Adding new entry Title 39, Chapter 8, Subchapters 1, 2 and 3 in 
numerical order to read as follows:


Sec.  52.1605  EPA-approved New Jersey regulations.

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           State regulation                        State effective date                 EPA approved date                      Comments
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                                                                      * * * * * * *
Title 7, Chapter 27:
 
                                                                      * * * * * * *
Subchapter 15, ``Control and            November 16, 2009.........................  March 15, 2012 [Insert
 Prohibition of Air Pollution From                                                   Federal Register page
 Gasoline-Fueled Motor Vehicles.''                                                   citation].
 
                                                                      * * * * * * *
Title 7, Chapter 27B:
 
                                                                      * * * * * * *
Subchapter 5, ``Air Test Method 5:      November 16, 2009.........................  March 15, 2012 [Insert
 Testing Procedures For Gasoline-                                                    Federal Register page
 Fueled Vehicles.''                                                                  citation].
 
                                                                      * * * * * * *
Title 13, Chapter 20:
 
                                                                      * * * * * * *
Subchapter 7, ``Vehicle Inspection.''   November 19, 2009.........................  March 15, 2012 [insert
 Sections: 7.1. 7.2, 7.3, 7.4, 7.5,                                                  FR page citation].
 7.6.
Subchapter 24, ``Motorcycles.''Section  November 19, 2009.........................  March 15, 2012 [insert
 20.                                                                                 FR page citation].
Subchapter 26, ``Compliance With        November 19, 2009.........................  March 15, 2012 [insert
 Diesel Emission Standards and                                                       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 New      November 19, 2009.........................  March 15, 2012 [insert    ..........................................
 Motor Vehicles.'' Sections: 28.3,                                                   FR page citation].
 28.4, 28.6.
Subchapter 29, ``Mobile Inspection      November 19, 2009.........................  March 15, 2012 [insert
 Unit.''Sections: 29.1, 29.2, 29.3.                                                  FR page citation].
Subchapter 32, ``Inspection Standards   November 19, 2009.........................  March 15, 2012 [insert    ..........................................
 and Test Procedures To Be Used By                                                   FR page citation].
 Official Inspection Facilities.''
Subchapter 33, ``Inspection Standards   November 19, 2009.........................  March 15, 2012 [insert    ..........................................
 and Test Procedures To Be Used By                                                   FR page citation].
 Licensed Private Inspection
 Facilities.''
Subchapter 43, ``Enhanced Motor         November 19, 2009.........................  March 15, 2012 [insert    ..........................................
 Vehicle Inspection and Maintenance                                                  FR page citation].
 Program.''
Subchapter 44, ``Private Inspection     November 19, 2009.........................  March 15, 2012 [insert
 Facility Licensing.''                                                               FR page citation].

[[Page 15267]]

 
Subchapter 45, ``Motor Vehicle          November 19, 2009.........................  March 15, 2012 [insert    ..........................................
 Emission Repair Facility                                                            FR page citation].
 Registration.''
Title 13, Chapter 21:
 
                                                                      * * * * * * *
Subchapter 15, ``New Jersey Licensed    November 19, 2009.........................  March 15, 2012 [insert
 Motor Vehicle Dealers.'' Sections                                                   FR page citation].
 15.8 and 15.12.
 
                                                                      * * * * * * *
Title 39, Chapter 8 Subchapters 1, 2    July 1, 2010..............................  March 15, 2012 [insert
 and 3.                                                                              FR page citation].
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[FR Doc. 2012-6208 Filed 3-14-12; 8:45 am]
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