[Federal Register Volume 77, Number 148 (Wednesday, August 1, 2012)]
[Proposed Rules]
[Pages 45530-45532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18795]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0695; FRL-9708-3]


Approval and Promulgation of Implementation Plans; New Mexico; 
Albuquerque/Bernalillo County: Motor Vehicle Inspection

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions from the Governor of New 
Mexico to the State Implementation Plan for Air Quality for the City of 
Albuquerque/Bernalillo County area pursuant to the Clean Air Act. The 
revision addresses 20.11.100 NMAC, Motor Vehicle Inspection, and was 
submitted on July 28, 2011. This revision includes addition of 
emissions inspections for 1998 and newer diesel vehicles less than 
10,001 pounds and all gasoline/electric hybrid vehicles; changes test 
frequency for some model year vehicles; allows motorists that are 
financially incapable of paying for certain repairs to apply for a time 
extension; makes minor test procedure changes; codifies certain 
regulatory language from the VPMD Procedures Manual into 20.11.100 
NMAC; reorganizes 20.11.100 NMAC; and makes numerous non-substantive 
changes to clarify and improve readability of these rules. This action 
is being taken under section 110 of the Clean Air Act (the Act).

DATES: Comments must be received on or before August 31, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2011-0695, by one of the following methods:
    (1) www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    (2) Email: Ms. Sandra Rennie at [email protected].
    (3) Fax: Ms. Sandra Rennie, Air Planning Section (6PD-L), at fax 
number 214-665-6762.
    (4) Mail: Ms. Sandra Rennie, Air Planning Section (6PD-L), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733.
    (5) Hand or Courier Delivery: Ms. Sandra Rennie, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2011-0695. 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.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through http://www.regulations.gov or email, if you believe that it is 
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means that EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through http://www.regulations.gov, your email 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 along with any disk or CD-ROM 
submitted. 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 and any form of encryption and should be free of any 
defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in 
the http://www.regulations.gov index. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information the disclosure of which is restricted by statute. Certain 
other material, such as copyrighted material, will be publicly 
available only in hard copy. Publicly available docket materials are 
available either electronically in http://www.regulations.gov or in 
hard copy at the Air Planning Section (6PD-L), Environmental Protection 
Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file 
will be made available by appointment for public inspection in the 
Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m. 
weekdays except for legal holidays. Contact the person listed in the 
FOR FURTHER INFORMATION CONTACT paragraph below to make an appointment. 
If possible, please make the appointment at least two working days in 
advance of your visit. A 15 cent per page fee will be charged for 
making photocopies of documents. On the day of the visit, please check 
in at the EPA Region 6 reception area on the seventh floor at 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733. The State submittal 
related to this SIP revision, which is part of the EPA docket, is also

[[Page 45531]]

available for public inspection at the State and Local Air Agencies 
listed below during official business hours by appointment:
    New Mexico Environment Department, Air Quality Bureau, 1190 St. 
Francis Drive, Santa Fe, New Mexico.
    Albuquerque Environmental Health Department, Suite 3023, One Civic 
Plaza (400 Marquette Avenue NW.), Albuquerque, NM 87102.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning 
today's proposed action, please contact Ms. Sandra Rennie (6PD-L), Air 
Planning Section, Environmental Protection Agency, Region 6, 1445 Ross 
Avenue (6PD-L), Suite 1200, Dallas, Texas 75202-2733, telephone (214) 
665-7367; fax number (214) 665-6762; email address 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document the following terms 
have the meanings described below:
    ``We'', ``us'' and ``our'' refer to EPA.

Table of Contents

I. What action is EPA proposing?
II. EPA's Evaluation
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. What action is EPA proposing?

    We are proposing to approve revisions to the State Implementation 
Plan (SIP) for Air Quality in New Mexico submitted by the State of New 
Mexico on July 28, 2011, that apply to the motor vehicle inspection and 
maintenance (I/M) program in Bernalillo County and the City of 
Albuquerque. Among the revisions to the I/M rules at 20.11.100 NMAC are 
expanding the vehicle I/M program to cover model year 1998 and newer 
diesel motor vehicles greater than 1,000 and less than 10,001 pounds, 
and all hybrid vehicle gasoline engines, changing the test frequency 
for some model year vehicles, revising an exemption for certain low 
income vehicle owners from the $300 repair or repair estimate 
threshold, and revising some test procedures. Regulatory language from 
the VPMD (Vehicle Pollution Management Division) Procedures Manual is 
now codified in the I/M rules. Numerous non-substantive ministerial 
revisions are being proposed for approval because they add clarity and 
improve readability of the rules. A detailed evaluation of these 
revisions is provided in the Technical Support Document (TSD) that was 
prepared for this rulemaking.

II. EPA's Evaluation

Fuel Type Subject to Testing

    Although not required by federal rule, model year 1998 and newer 
compression ignition powered (diesel) motor vehicles of a certain size 
are now included in the vehicle I/M program. Diesel vehicles that are 
greater than 1,000 pounds gross vehicle weight (GVW) but less than 
10,001 pounds GVW are covered by On-Board Diagnostics second generation 
(OBDII) testing. Repair of tested but failing diesel vehicles will 
result in fewer emissions of particulate matter, and oxides of nitrogen 
(NOX, a precursor of ozone formation). Testing for this fuel 
type will start on January 1, 2013, as adopted in the rule.
    Gasoline/electric hybrids are no longer exempt from testing. 
Technology improvements have made testing the small gasoline engines 
found in hybrids now possible. Including the growing number of these 
hybrid vehicles in the I/M program will result in greater emission 
reductions of Volatile Organic Compounds and NOX in the 
program area.

Model Years Subject to Testing

    A clarification is made about the newest model years that are 
exempt from testing. Two registration periods is clarified to mean four 
(4) years.
    Model year 1975-1985 vehicles are now required to get tested on a 
biennial schedule. Previously, these vehicles were on an annual testing 
schedule. The Vehicle Pollution Management Division Program (Program) 
provided a de minimis demonstration that showed how making this change 
will not have an adverse impact on emissions from this group of 
vehicles. Other provisions in the rule require vehicles in this age 
group to have annual inspections if their HC (hydrocarbon) or CO 
(carbon monoxide) emissions are more than 75% of the standard for those 
pollutants. Based on the technical demonstration provided by the 
Program and the regulatory backstop for vehicles approaching the 
standard, EPA proposes to approve this revision because it will not 
interfere with attainment and reasonable further progress of the NAAQS 
or any other applicable requirement of the CAA. See 42 U.S.C. 7410(l); 
CAA 110(l).
    Motor vehicles 35 years old or older are now exempt from testing. 
The Program estimates that less than 300 vehicles per year would fall 
into this age group. We agree that this small number will not have an 
adverse impact on the SIP considering the other emission reduction 
enhancements being made to the I/M program at the same time. Therefore, 
we propose to approve this revision because it will not interfere with 
attainment and reasonable further progress of the NAAQS or any other 
applicable requirement of the CAA. See 42 U.S.C. 7410(l); CAA 110(l).

Test Procedures

    Minor changes to test procedures include requiring a visual 
inspection for a catalytic converter on all OBDII-equipped vehicles. 
The program is also limiting the gas cap pressure check to 1975-2005 
vehicles. Increased OBD sensitivity for evaporative emissions in 2006 
and newer vehicles will eliminate the need for a separate gas cap test 
on these newer vehicles. Therefore, we propose to approve this revision 
because it will not interfere with attainment and reasonable further 
progress of the NAAQS or any other applicable requirement of the CAA. 
See 42 U.S.C. 7410(l); CAA 110(l).

Time Extensions for Individuals on Public Assistance

    The requirement for spending at least $300 for repairs to apply for 
a time extension has been revised to instead require a repair estimate 
of $300 or more from a licensed repair facility and proof that the 
individual is financially incapable of paying for the needed repairs. 
The Program has seen ineffective partial repairs as a result of this 
requirement for this income group of vehicle owners. The purpose of an 
I/M program is to bring about effective repairs with real emission 
reductions. When this program outcome is not achieved by this rule, 
eliminating this unnecessary expense for this income group is a logical 
change. The revision ensures that the time extension is available to 
those who are financially incapable of paying for necessary repairs at 
the time the inspection is due. Therefore, we propose to approve this 
revision.

Codification of Procedures

    Prior to the rule revision before us, many program procedures were 
contained in the VPMD Procedures Manual. The Program determined that 
this manual was out of date but some of the regulatory language needed 
to be retained. Portions of the manual were codified in the rules 
verbatim. The remaining parts of the manual were abandoned. The manual 
was not previously part of the SIP. Non-regulatory procedure 
information is now contained in technical guidance that is not part of 
the SIP. We propose to approve the revisions that incorporate

[[Page 45532]]

language from the VPMD Procedures Manual into the regulatory text.

Definitions

    As a result of the codification process, some additional terms were 
added to the definitions section. These include Audit, Clean piping, 
Clean scanning, Covert audit, Covert surveillance, Emissions analyzer, 
Emissions inspection system or EIS, Fleet, Gas cap test, Overt audit, 
Pretesting, and Vehicle information database or VID. Definitions 
adopted for these terms are those that are commonly used in the 
industry or similar to terms defined in the federal regulations. We 
propose to approve these definitions.

Other Revisions

    In the process of codifying language from the Procedures Manual, 
the I/M rules were reorganized with some sections being moved from one 
numbered section to another. Useless and/or anachronistic references 
were removed or revised to be more meaningful. We propose to approve 
these non-substantive changes.

III. Proposed Action

    EPA is proposing to approve revisions to the New Mexico SIP for the 
City of Albuquerque/Bernalillo County submitted on July 28, 2011. These 
include revisions to the fuel type subject to testing, the model years 
subject to testing, certain test procedures, an opportunity for a time 
extension for motorists that are financially incapable of paying for 
repairs of $300 or more, codification of procedures from the Procedures 
Manual, addition of definitions, and other non-substantive revisions. 
We believe these revisions will enhance the SIP and improve the 
effectiveness of the I/M program. This action is being taken under 
section 110 of the Act.

IV. Statutory and Executive Order Reviews

    Under the CAA, 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 proposes to approve 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: July 20, 2012.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2012-18795 Filed 7-31-12; 8:45 am]
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