[Federal Register: June 27, 2003 (Volume 68, Number 124)]
[Proposed Rules]
[Page 38266-38268]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn03-33]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA 207-4211; FRL-7518-9]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Motor Vehicle Inspection and Maintenance Program--Revised
Final Standards for the Acceleration Simulation Mode Exhaust Emissions
Test
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania. This SIP
revision amends the Commonwealth's SIP-approved Enhanced Vehicle
Emission Inspection Program (or I/M program) to implement final
tailpipe test standards for the Acceleration Simulation Mode (ASM)
tailpipe emissions test. This is being done through the substitution of
revised ASM test standards in place of the previously SIP-approved
final standards. Since this change affects only testing performed using
the ASM tailpipe test method, only that portion of the I/M-subject
vehicles in the five-county Philadelphia area that receive ASM tailpipe
testing are affected by this action. This action is being taken under
the Clean Air Act.
DATES: Written comments must be received on or before July 28, 2003.
ADDRESSES: Comments may be submitted either by mail or electronically.
Written comments should be mailed to Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
Electronic comments should be sent either to morris.makeba@epa.gov or
to http://www.regulations.gov., which is an alternative method for
submitting electronic comments to EPA. Follow the detailed instructions
of the Supplementary Information section. Copies of the documents
relevant to this action are available for public inspection during
normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; and at the Pennsylvania Department of
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468,
400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by e-
mail at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 5, 2003, the Pennsylvania Department of Environmental
Protection submitted a request that EPA parallel process the approval
of a revision to its State Implementation Plan (SIP) to amend its SIP-
approved enhanced inspection and maintenance (I/M) program. The
revision consists of a change of the Commonwealth's I/M program
regulation to implement a revised set of final pass/fail testing
standards for those vehicles that undergo Acceleration Simulation Mode
(ASM) tailpipe test method. The Commonwealth is replacing final ASM
test standards previously adopted and SIP-approved with a set of
revised final standards issued by EPA that are being adopted by
Pennsylvania as a compliance alternative to the previous final ASM
standards.
The ASM test is a test method used to measure tailpipe emissions
from cars. In Pennsylvania, the test is performed only in five counties
in the Philadelphia severe ozone nonattainment area (Bucks, Chester,
Delaware, Montgomery, and Philadelphia Counties), and therefore only on
a portion of the I/M-subject fleet. The ASM tailpipe
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emissions test employs tailpipe emissions sensing equipment that
measures emissions while the vehicle is driven, under load, at a steady
speed on a chassis dynamometer. An emissions gas analyzer measures
tailpipe emissions for certain pollutants. Specifically, the result is
a concentration measurement for each of three pollutants--expressed in
units of parts per million (ppm) of pollutant of hydrocarbons and
oxides of nitrogen, and percent concentration of carbon monoxide. The
results for each pollutant are compared against a standard, or
cutpoint, that represents the maximum allowable amount of each
pollutant that may be emitted, and a pass or fail determination is made
based upon comparison of the test result to the cutpoint. Repairs would
then be required to failing vehicles in an attempt to reduce the
measured tailpipe pollutants to within acceptable limits. The ASM
testing cutpoints vary depending upon vehicle type (i.e., car or
truck), model year of manufacture, and vehicle weight--to represent the
different standards with which different types of vehicles were
manufactured to comply. In general, older vehicles must comply with
less stringent test standards than newer vehicles, and heavier vehicles
comply with less stringent test standards than lighter vehicles.
At the inception of the enhanced I/M program, EPA allowed states to
employ a less stringent set of interim, or phase-in, ASM cutpoints in
order to make a pass/fail determination, eventually requiring the state
to implement more stringent final ASM test cutpoints for the duration
of the program.
During the period when states were conducting ASM testing using the
phase-in cutpoints, several states raised concerns to EPA that
application of the final ASM cutpoints could result in an overly high
level of failures, potentially failing some cars that marginally fail
or that should not fail the test (i.e., false failures). EPA
investigated the matter using I/M program data provided by several
states, and as a result, EPA developed and released an alternative
final set of ASM cutpoints to address the problem via an August 16,
2002 memorandum entitled ``Revised Final Cutpoints for ASM5015 and ASM
252'' to EPA's Regional Air Division Directors from Gregory Green,
Director of the Certification and Compliance Division of EPA's Office
of Transportation and Air Quality. These alternative cutpoints can be
used by states as an optional means to comply with Federal I/M
requirements for ASM I/M testing final cutpoints.
The alternative EPA final cutpoints were developed using a
methodology that adjusts emissions on the basis of engine displacement
rather than vehicle test weight. To apply the alternative ASM
cutpoints, the tested vehicle's engine displacement (in liter units) is
multiplied by the concentration of the exhaust pollutant (hydrocarbon,
carbon monoxide, or oxides of nitrogen, in units of either ppm HC or
NOX or % CO). The resultant value (in units of liters
displacement*concentration) is compared to an EPA-generated table of
cutpoints. If the test result exceeds the allowable cutpoint for any
tested pollutant, the vehicle fails the ASM test for that pollutant. If
the test results are lower than the allowable cutpoints for all tested
pollutants, then the vehicle passes the ASM test.
EPA's policy provides states who elect to use the recently released
alternative final ASM cutpoints the same level of emissions benefits,
or credits, that would have been achieved by use of the previously
available final cutpoints. Therefore, Pennsylvania was not required to
perform a new analysis to determine potential changes in emissions
benefits, as claimed in a SIP or other plan, from an ASM-based I/M
program using final ASM cutpoints.
II. Summary of SIP Revision
The SIP revision consists of amendments to Pennsylvania's enhanced
I/M program regulation, codified in Title 67 of the Pennsylvania Code,
Part I, Subpart A, Article VII, Chapter 177, Subchapter A.
Specifically, Section 1 of Appendix A (which contains procedures,
standards, equipment specifications, and quality control specifications
for the enhanced I/M program) is being revised. Specifically, the
regulatory change replaces the previously adopted final ASM cutpoints
that are based upon vehicle weight with EPA's alternative final
cutpoints that are based upon engine displacement (released by EPA in
an August 16, 2002 memorandum).
Pennsylvania is also amending the deadline for implementation of
final ASM test cutpoints in the five counties in Southeast Pennsylvania
comprising the Philadelphia I/M program area. The Commonwealth's
proposed SIP stipulates that the final cutpoints will apply upon notice
by the Department of Transportation. However, the Commonwealth is under
court order by the United States District Court for the Eastern
District of Pennsylvania in the case of Clean Air Council v. Mallory
and Seif, No. 01-179 to fully implement either the original or the
alternative final ASM cutpoints by September 1, 2003. There are three
compelling reasons for EPA to approve the proposed time frame for final
ASM cutpoint implementation: (1) The SIP deadline that is being removed
from the SIP has past and can no longer be met; (2) the Commonwealth is
moving as expeditiously as possible to adopt the new EPA alternative
ASM cutpoints; and (3) the Federal court order compels the Commonwealth
to implement final cutpoints on an expedited schedule that is as
ambitious as can reasonably be expected. Therefore, EPA believes that
the Commonwealth's SIP revision, in conjunction with a Federal court
order, will provide for implementation of final ASM cutpoints by
September 1, 2003.
Specific details of the final cutpoints being adopted by
Pennsylvania are available for review in the technical support document
(TSD) prepared by EPA for this action and in the proposed SIP materials
submitted by Pennsylvania, both of which are contained in the docket
for this rulemaking action. These materials are available for
inspection at the locations listed in the ADDRESSES section of this
rulemaking action. A copy of the TSD is also available, upon request,
by contacting Brian Rehn at (215) 814-2176, or by e-mail at
rehn.brian@epa.gov.
III. Proposed Action
EPA proposing to approve Pennsylvania's SIP revision for ASM test
standards under the enhanced I/M program in Southeast Pennsylvania,
which was submitted on June 5, 2003. EPA is soliciting public comments
on the issues discussed in this notice or on other relevant matters.
These comments will be considered before taking final action.
Interested parties may participate in the Federal rulemaking procedure
by submitting either electronic or written comments. To ensure proper
receipt by EPA, identify the appropriate rulemaking identification
number [writer: insert AIRTRAX No.] in the subject line on the first
page of your comment. Please ensure that your comments are submitted
within the specified comment period. Comments received after the close
of the comment period will be marked ``late.'' EPA is not required to
consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any
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cover letter accompanying the disk or CD ROM. This ensures that you can
be identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
i. E-mail. Comments may be sent by electronic mail (e-mail) to:
morris.makeba@epa.gov, attention: [writer: insert AIRTRAX No.]. EPA's
e-mail system is not an ``anonymous access'' system. If you send an e-
mail comment directly without going through Regulations.gov, EPA's e-
mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
ii. Regulations.gov. Your use of Regulations.gov is an alternative
method of submitting electronic comments to EPA. Go directly to
Regulations.gov at http://www.regulations.gov, then select
``Environmental Protection Agency'' at the top of the page and use the
``go'' button. The list of current EPA actions available for comment
will be listed. Please follow the online instructions for submitting
comments. The system is an ``anonymous access'' system, which means EPA
will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in the ADDRESSES
section of this document. These electronic submissions will be accepted
in WordPerfect, Word or ASCII file format. Avoid the use of special
characters and any form of encryption.
2. By Mail. Written comments should be addressed to the EPA
Regional office listed in the ADDRESSES section of this document.
This revision is being proposed under a procedure called parallel
processing, whereby EPA proposes rulemaking action concurrently with
the state's procedures for amending its regulations. If the proposed
revision is substantially changed in areas other than those identified
in this document, EPA will evaluate those changes and may publish
another notice of proposed rulemaking. If no substantial changes are
made other than those areas cited in this document, EPA will publish a
Final Rulemaking Notice on the revisions. The final rulemaking action
by EPA will occur only after the SIP revision has been adopted by
Pennsylvania and submitted formally to EPA for incorporation into the
SIP.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it 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). This proposed rule also does not have tribal
implications because it will not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely proposes to approve a state rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. This proposed rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule to
approve amendments to the ASM testing provisions of Pennsylvania's I/M
program does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 17, 2003.
Richard J. Kampf,
Acting Regional Administrator, Region III.
[FR Doc. 03-16237 Filed 6-26-03; 8:45 am]
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