IM Program Requirement--On-Board Diagnostic Checks; Amendment to
the Final Rule
Related Material
[Federal Register: December 22, 1997 (Volume 62, Number 245)]
[Proposed Rules]
[Page 66841-66843]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22de97-20]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 85
[AMS-FRL-5938-7]
RIN 2060-AH62
IM Program Requirement--On-Board Diagnostic Checks; Amendment to
the Final Rule
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document proposes to change a provision of the federal
vehicle inspection and maintenance (I/M) rules relating to the
implementation deadline by which states are required to begin On-Board
Diagnostic (OBD) checks as a routine part of basic and enhanced I/M
programs. The current rule requires Ozone Transport Region (OTR) areas
with low enhanced programs to implement OBD checks by January 1, 1999,
and all other areas to implement OBD checks by January 1, 1998. This
notice proposes to delay for a period of up to three years the required
implementation deadline for OBD in those areas. This proposed amendment
will set a new implementation date for OBD checks as January 1, 2001
for all areas with basic and enhanced I/M programs. During this time
extension the Agency will generate, collect and analyze the data
necessary to accord OBD checks the appropriate level of emission
reduction credits. Additionally, certain clarifying amendments are
being proposed to allow for updates to the Code of Federal Regulations
which are cross-referenced in the OBD rule.
DATES: Written comments on this proposal must be received no later than
January 6, 1998.
ADDRESSES: Materials relevant to this proposed rulemaking are contained
in the Public Docket No. A-94-21. The docket is located at the Air
Docket, Room M-1500 (6102), Waterside Mall SW., Washington, DC 20460.
The docket may be inspected between 8:30 a.m. and 12 noon and between
1:30 p.m. until 5:30 p.m. on weekdays. A reasonable fee may be charged
for copying docket material. The preamble, regulatory language and
regulatory support document are also available electronically from the
EPA internet Web site. This service is free of charge, except for any
cost one may already incur for internet connectivity. The official
Federal Register version is made available on the day of publication on
the primary Web site listed below. The EPA Office of Mobile Sources
also publishes these notices on the secondary Web site listed below.
http://www.epa.gov/EPA-AIR/ (either select desired date or use Search
feature)
http://www.epa.gov/OMSWWW/ (look in What's New or under the specific
rulemaking topic)
Please note that due to differences between the software used to
develop the document and the software into which the document may be
downloaded, minor changes in format, pagination, etc. may occur.
FOR FURTHER INFORMATION CONTACT: Leila Cook, Office of Mobile Sources,
National Vehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann
Arbor, Michigan, 48105. Telephone (313) 741-7820.
SUPPLEMENTARY INFORMATION:
Regulated Entities. Entities potentially regulated by the minor
amendment to the I/M rule are those which adopt, approve, or fund I/M
programs. Regulated categories and entities include:
------------------------------------------------------------------------
Examples of regulated
Category entities
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Local government.......................... Local air quality agencies.
State government.......................... State air quality agencies
responsible for I/M
programs.
Federal government........................ DOT.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities of which EPA is now
aware that could potentially be regulated by this proposed I/M
amendment. Other types of entities not listed in the table could also
be regulated. To determine whether your organization is regulated by
this action, you should carefully examine the applicability criteria of
40 CFR 51.350 of the I/M rule. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding For further information contact section.
Summary of Rule
Under the Clean Air Act as amended in 1990 (the Act), 42 U.S.C.
7401 et. seq., the U.S. Environmental Protection Agency (EPA) published
in the Federal Register on November 5, 1992 (40 CFR part 51, subpart S)
rules relating to motor vehicle inspection and maintenance (I/M)
programs (hereafter referred to as the I/M rule; see 57 FR
[[Page 66842]]
52950). Subsequent to that rule, the EPA published in the Federal
Register on August 6, 1996, (40 CFR parts 51 and 85) rules relating to
the implementation of On-board Diagnostic (OBD) checks as a routine
part of I/M programs (hereafter referred to as the I/M OBD rule; see 61
FR 40940).
The statutory requirement for OBD checks as an I/M program
requirement is found in sections 182(c)(3)(C)(vii) and 202(m)(3) of the
Act. Section 182(c)(3)(C)(vii) requires the inspection of emission
control diagnostic systems. In the I/M OBD rule, EPA interpreted the
statutory requirement to include OBD checks in addition to otherwise
required emission testing, and thus promulgated a rule which required
both tests as part of the regular I/M test procedure. Per the I/M OBD
rule, until January 1, 2000, both OBD and evaporative system tests,
where applicable, were to be required on each subject vehicle of model
year 1996 and newer. During this period vehicles which fail the OBD
check would not automatically fail the I/M test. Only after January 1,
2000, would failure of the OBD test require mandatory repair and
retest. The two-year period from when OBD checks were to be started,
until they could generate I/M failures, was to be a period during which
the Agency would evaluate the relative effectiveness of OBD.
The Agency believes that sufficient data must be generated on which
to base an appropriate level of emission reduction credits for OBD. It
would be premature at this time, therefore, to require the states to
perform OBD checks in addition to the regular exhaust and evaporative
testing and attendant costs. EPA now believes that the data needed must
be generated by a separate study that compares OBD's emission reduction
potential to the Federal Test Procedure, the same procedure used to
certify all new automobiles today. The Agency is currently conducting
such a study which began October 1, 1997. Two years are needed to
ensure ample time for fleet penetration of OBD-equipped vehicles, so
that enough vehicles can be recruited for the study. The third year
will be needed to allow sufficient time to analyze the data generated
by the study and to develop and assign appropriate credits.
Today, EPA is proposing to amend 40 CFR section 51.373 to delay to
January 1, 2001 the implementation deadline for OBD checks in OTR low
enhanced areas and in all other areas. While these dates were different
in the I/M OBD rule, i.e., January 1, 1999 and January 1, 1998,
respectively, today's rule delays both to the same deadline of January
1, 2001. This amounts to a two-year delay for those OTR low enhanced
areas and a three year delay for all other areas.
Additionally, EPA is proposing to reserve 40 CFR 85.2207 (a) and
(e) which address failure of the OBD test as a basis for failure of the
I/M test. EPA proposes to reserve these subsections pending resolution
of the appropriate level of emission reduction credits for OBD.
Additionally, certain clarifying amendments are being proposed to
allow for updates to the Code of Federal Regulations which are cross-
referenced in the OBD rule. Part 86 of the CFR, which includes the
technical specifications for OBD systems, is periodically updated to
include new requirements for these systems. The current rule requires
compliance with certain I/M program requirements pursuant to section
86.094-17. As this section has now been amended to include new
subsections which also apply to OBD systems, this action proposes to
amend the sections of the OBD rule where that subsection is referenced
to obviate the need for future amendments in this regard. Where section
86.094-17 was referenced before, this action proposes to amend such
language to refer simply to certain vehicles with ``certified OBD
systems''.
The requirement shall remain that states revise their I/M SIPs by
August 6, 1998, to implement OBD. This is due to the Act's requirement
in section 202(m)(3) that states revise their SIPs within two years
after promulgation of the regulations to provide for OBD inspections.
As the I/M OBD rule was promulgated on August 6, 1996, states must
adopt rules, by two years from that date, which require OBD checks.
Only the date for the start of testing is proposed for delay here.
Also unchanged, are the sections that allow for states to implement
OBD inspections before December 31, 1999, and to allow failure of OBD
to result in failure of the I/M test, thereby requiring repair. Both
efforts shall remain optional to the states. States which choose to add
OBD checks to their regular tailpipe and evaporative tests should be
able to do so without regulatory hindrance. Those states should benefit
from increased consumer acceptance of the technology and the resolution
of implementation problems commonly associated with the startup of a
new testing technology. However, states which choose to conduct OBD
checks, on vehicles so equipped, before the proposed new deadline,
cannot earn emission reduction credits for doing so unless they also
perform the exhaust and (where applicable) evaporative tests. Only
after the Agency has accorded OBD a defined level of emissions
reduction credit can states potentially drop the exhaust and
evaporative tests and still earn emission reduction credits for
performing OBD checks on those vehicles. Should EPA and states complete
testing and review of OBD systems sooner than expected, the Agency may
be able to make credits available to states who choose to implement OBD
I/M checks prior to the proposed deadline.
These proposed amendments are consistent with the relevant
requirements of the Clean Air Act. These changes will not result in any
change in health and environmental benefits. The only Act-required
deadline with regards to OBD testing is that described above, such that
states must revise their SIPs by the date certain and that requirement
has been retained in this amendment. The Act does not include a
specific deadline for implementation of OBD testing. EPA believes it is
reasonable to extend that deadline for the reasons stated above.
EPA here solicits comments on this proposal. Anyone wishing to
comment on the proposal should do so at this time. Because the current
deadline for implementation of OBD is January 1, 1998, and because time
is needed to accept and respond to comment, time is of the essence in
the promulgation of this rule. For the reasons stated above it will be
necessary to limit the comment period for this proposal to fifteen
days. A thirty day comment period would not allow the Agency to
promulgate a final rulemaking action until after the January 1, 1998
deadline. The agency will make every effort to ensure that this
proposed rule is distributed by every available mechanism so that
concerned stakeholders will have ample time to comment.
Administrative Requirements
Regulatory Flexibility Act
Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), I certify that this action will not have a significant
economic impact on a substantial number of small entities and,
therefore, is not subject to the requirement of a Regulatory Impact
Analysis. A small entity may include a small government entity or
jurisdiction. A small government jurisdiction is defined as governments
of cities, counties, towns, townships, villages, school districts, or
special districts, with a population of less than 50,000. This
certification is based on the fact that the I/M areas impacted by this
rulemaking
[[Page 66843]]
do not meet the definition of a small government jurisdiction, that is,
governments of cities, counties, towns, townships, villages, school
districts, or special districts, with a population of less than 50,000.
The I/M rule applies only to urbanized areas with populations in excess
of 100,000 or 200,000 depending upon location.
Unfunded Mandates Act
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule where the estimated costs to State, local, or tribal
governments, or to the private sector, will be $100 million or more.
Under Section 205, EPA must select the most cost-effective and least
burdensome alternative that achieves the objective of the rule and is
consistent with statutory requirements. Section 203 requires EPA to
establish a plan for informing and advising any small governments that
may be significantly impacted by the rule. To the extent that the
requirements in this action would impose any mandate at all as defined
in Section 101 of the Unfunded Mandates Act upon the state, local, or
tribal governments, or the private sector, as explained above, this
rule is not estimated to impose costs in excess of $100 million.
Therefore, EPA has not prepared a statement with respect to budgetary
impacts.
Paperwork Reduction Act
This regulatory action does not contain any information collection
requirements requiring approval by the office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Executive Order 12866
It has been determined that this proposed amendment to the I/M OBD
rule is not a significant regulatory action under the terms of
Executive Order 12866 and has been waived from Office of Management and
Budget (OMB) review.
List of Subjects
40 CFR Part 51
Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Intergovernmental relations,
Lead, Motor vehicle pollution, Nitrogen oxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfer oxides,
Volatile organic compounds.
40 CFR Part 85
Confidential business information, Imports, Incorporation by
reference, Labeling, Motor vehicle pollution, Reporting and
recordkeeping requirements, Research, Warranties.
Dated: December 16, 1997.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, parts 51 and 85 of chapter
I of title 40 of the Code of Federal Regulations is proposed to be
amended as follows:
PART 51--[AMENDED]
1. The authority citation for Part 51 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 51.351 is amended by revising paragraph (c) to read as
follows:
Sec. 51.351 Enhanced I/M performance standard.
* * * * *
(c) On-Board Diagnostics (OBD). The performance standard shall
include inspection of all 1996 and later light-duty vehicles and light-
duty trucks equipped with certified on-board diagnostic systems, and
repair of malfunctions or system deterioration identified by or
affecting OBD systems as specified in Sec. 51.357.
* * * * *
3. Section 51.352 is amended by revising paragraph (c) to read as
follows:
Sec. 51.352 Basic I/M performance standard.
* * * * *
(c) On-Board Diagnostics (OBD). The performance standard shall
include inspection of all 1996 and later light-duty vehicles and light-
duty trucks equipped with certified on-board diagnostic systems, and
repair of malfunctions or system deterioration identified by or
affecting OBD systems as specified in Sec. 51.357.
* * * * *
4. Section 51.373 is amended by revising paragraph (g) to read as
follows:
Sec. 51.373 Implementation deadlines.
* * * * *
(g) On-Board Diagnostic checks shall be implemented in all basic,
low enhanced and high enhanced areas as part of the I/M program by
January 1, 2001.
PART 85--[AMENDED]
5. The authority citation for Part 85 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
6. Section 85.2207 is amended by removing and reserving paragraphs
(a) and (e).
7. Section 85.2231 is amended by revising paragraph (b) to read as
follows:
Sec. 85.2231 On-board diagnostic test equipment requirements.
* * * * *
(b) The test system shall be capable of communicating with the
standard data link connector of vehicles with certified OBD systems.
* * * * *
[FR Doc. 97-33315 Filed 12-19-97; 8:45 am]
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