[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Rules and Regulations]
[Pages 24223-24226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11201]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2009-0436; FRL-9978-30--Region 1]


Air Plan Approval; Rhode Island; Enhanced Motor Vehicle 
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 State 
Implementation Plan (SIP) revision submitted by the State of Rhode 
Island. These revisions include regulations to update the enhanced 
motor vehicle inspection and maintenance (I/M) program in Rhode Island. 
The revised program includes a test and repair network consisting of 
on-board diagnostic (OBD2) testing for model year 1996 and newer 
vehicles and tailpipe exhaust test, using a dynamometer, for model year 
1995 and older vehicles. The intended effect of this action is to 
approve the revised program into the Rhode Island SIP. This action is 
being taken in accordance with the Clean Air Act (CAA).

DATES: This rule is effective on June 25, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2009-0436. All documents in the docket 
are listed on the www.regulations.gov website. 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 at www.regulations.gov or at 
the U.S. Environmental Protection Agency, EPA New England Regional 
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 
Post Office Square--Suite 100, Boston, MA. EPA requests that if at all 
possible, you contact the contact listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 a.m. to 4:30 
p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA Region 1 Regional 
Office, 5 Post Office Square, Suite 100 (mail code:

[[Page 24224]]

OEP05-2), Boston, MA 02109-3912, telephone number: (617) 918-1660, 
email: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On November 14, 2017, EPA published a direct final rule (82 FR 
52682), as well as an accompanying notice of proposed rulemaking (NPRM) 
(82 FR 52682), for the State of Rhode Island. The direct final rule 
intended to approve a SIP revision submitted by the State of Rhode 
Island updating Rhode Island's enhanced motor vehicle inspection and 
maintenance program. Due to the receipt of an adverse comment, EPA 
published a withdrawal of the direct final rule in the Federal Register 
on January 9, 2018 (83 FR 984).
    EPA published a second NPRM on March 2, 2018 (83 FR 8961), which 
reopened the public comment period, and proposed approval of Rhode 
Island's SIP revision updating the State's enhanced motor vehicle I/M 
program. The formal SIP revision was submitted in two parts: (1) A 
submittal made by Rhode Island on January 28, 2009, which included 
regulations to update the enhanced I/M program in Rhode Island, and (2) 
a supplemental submittal made by Rhode Island on February 17, 2017, 
which included the emissions modeling and I/M SIP narrative required by 
EPA's I/M regulations. A detailed discussion of Rhode Island's SIP 
revision and EPA's rationale for proposing approval of the SIP revision 
were provided in the November 14, 2017 NPRM (82 FR 52682) and will not 
be restated in this document. EPA is approving Rhode Island's enhanced 
I/M program SIP revision because it is consistent with the Clean Air 
Act's I/M requirements and EPA's I/M regulations.

II. Response to Comments

    The adverse comment received on EPA's November 14, 2017 direct 
final rule (82 FR 52682) requested that EPA hold a new public comment 
period, because EPA did not make all relevant documents available in 
the docket at www.regulations.gov.
    Prior to the reopening of the public comment period, via the NPRM 
that published in the Federal Register on March 2, 2018 (83 FR 8961), 
EPA made available all documents, which are compatible with the 
electronic docket system, at the docket identified by Docket ID No. 
EPA-R01-OAR-2009-0436 at www.regulations.gov. Also, EPA explained that 
all other documents, including emissions modeling files submitted as 
part of Rhode Island's enhanced motor vehicles I/M program SIP 
revision, were available for public review by visiting the EPA New 
England Regional Office or by contacting the contact listed in the FOR 
FURTHER INFORMATION CONTACT section. The reopening of the public 
comment period also served as the notice of data availability 
referenced in the January 9, 2018 withdrawal of direct final rule (83 
FR 984).
    We received comments during the public comment period reopened by 
the March 2, 2018 (83 FR 8961) NPRM. However, all but one of those 
comments were not germane to our proposed approval of Rhode Island's 
enhanced motor vehicle I/M program SIP revision.
    Comment: A single anonymous comment, much of which included 
information that was not germane to EPA's proposed approval of Rhode 
Island's enhanced motor vehicle I/M program SIP revision, also stated 
that ``[t]he Rule created potentially unduly burdensome requirements, 
Agency [sic] has failed to show a need for Regulations [sic] Given the 
extremely limited pollutant loadings and relative high costs, according 
to EPA's own analysis, the requirements appear to be ripe for 
substantial reduction or elimination. this [sic] entire subcategory 
would be excluded by rule given the de minimis amount of pollution.''
    Response: If ``The Rule'' in the submitted comment refers to EPA's 
March 2, 2018 (83 FR 8961) proposed rule, EPA disagrees with the 
comment because this action is merely approving Rhode Island's pre-
existing enhanced motor vehicle I/M regulations into the Rhode Island 
SIP in accordance with pre-existing federal requirements under the CAA. 
Rhode Island revised its motor vehicle I/M regulations in 2009 to meet 
the requirements of the CAA by incorporating testing of vehicles 
equipped with On-Board Diagnostics (OBD) technology for monitoring the 
proper function of a vehicle's emissions controls.

III. Final Action

    EPA is approving the SIP revisions submitted by the State of Rhode 
Island on January 28, 2009, and supplemented with a SIP revision on 
February 17, 2017. These SIP revisions contain the State's revised 
enhanced motor vehicle I/M program. Specifically, EPA is approving the 
Rhode Island Department of Environmental Management's Air Pollution 
Control Regulation No. 34 entitled ``Rhode Island Motor Vehicle 
Inspection/Maintenance Program'' (effective January 5, 2009), and the 
Rhode Island Department of Motor Vehicles' ``Rhode Island Motor Vehicle 
Safety and Emissions Control Regulation No. 1'' (effective January 28, 
2009), and incorporating these rules into the Rhode Island SIP. EPA is 
approving Rhode Island's revised I/M program because it is consistent 
with the CAA and EPA's I/M regulations and it will strengthen the Rhode 
Island SIP.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Rhode 
Island's regulations described in the amendments to 40 CFR part 52 set 
forth below. EPA has made, and will continue to make, these documents 
generally available through www.regulations.gov and at the EPA Region 1 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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

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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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 July 24, 2018. 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, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 17, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart OO--Rhode Island

0
2. In Sec.  52.2070:
0
 a. The table in paragraph (c) is amended by revising the entries ``Air 
Pollution Control Regulation 34'' and ``Rhode Island Motor Vehicle 
Safety and Emissions Control Regulation No. 1''.
    b. The table in paragraph (e) is amended by adding the entry ``I/M 
SIP Narrative'' at the end of the table.
    The addition and revisions read as follows:


Sec.  52.2070  Identification of plan.

* * * * *
    (c) * * *

                                                          EPA-Approved Rhode Island Regulations
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         State citation             Title/subject                 State effective date               EPA approval date             Explanations
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                                                                      * * * * * * *
Air Pollution Control            Rhode Island Motor                                       1/5/2009  5/25/2018, [insert   Department of Environmental
 Regulation 34.                   Vehicle                                                            Federal Register     Management regulation
                                  Inspection/                                                        citation].           containing I/M standards.
                                  Maintenance                                                                             Approving all sections except
                                  Program.                                                                                section 34.9.3 ``Application''
                                                                                                                          which was excluded from the
                                                                                                                          SIP submittal.
 
                                                                      * * * * * * *
Rhode Island Motor Vehicle       Rhode Island Motor                                      1/28/2009  5/25/2018, [insert   Division of Motor Vehicles
 Safety and Emissions Control     Vehicle                                                            Federal Register     regulation for the light-duty
 Regulation No. 1.                Inspection/                                                        citation].           vehicle I/M program. Approving
                                  Maintenance                                                                             all sections except section
                                  Program.                                                                                1.12.2 ``Penalties'' and
                                                                                                                          section 1.13 ``Proceedings for
                                                                                                                          Enforcement'' which were
                                                                                                                          excluded from the SIP
                                                                                                                          submittal.
 

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* * * * *
    (e) * * *

                                                               Rhode Island Non Regulatory
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                                  Applicable
  Name of non regulatory SIP     geographic or    State submittal date/ effective
          provision              nonattainment                  date                        EPA approved date                     Explanations
                                     area
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                                                                      * * * * * * *
I/M SIP Narrative............  Statewide.......  Submitted 2/17/2017..............  5/25/2018, [insert Federal         Narrative describing how the
                                                                                     Register citation].                Rhode Island I/M program meets
                                                                                                                        the requirements in the federal
                                                                                                                        I/M rule.
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[FR Doc. 2018-11201 Filed 5-24-18; 8:45 am]
 BILLING CODE 6560-50-P