Approval and Promulgation of Air Quality Implementation Plans; Delaware; Revisions to Delaware's Motor Vehicle Emissions Inspection Program and Low Enhanced Inspection and Maintenance Program

[Federal Register: November 26, 2003 (Volume 68, Number 228)]
[Rules and Regulations]
[Page 66343-66348]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no03-7]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE059-1038a; FRL-7590-9]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Revisions to Delaware's Motor Vehicle Emissions Inspection
Program and Low Enhanced Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).
[[Page 66344]]
ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
Delaware State Implementation Plan (SIP). The revisions effect
Delaware's Motor Vehicle Emissions Inspection Program and Low Enhanced
Inspection and Maintenance Program. These revisions include a five-
model-year vehicle exemption, the incorporation of a New Model Year
Clean Screen provision, and the addition of an on-board diagnostic
(OBD) systems check. EPA is approving these revisions to Delaware's SIP
in accordance with the requirements of the Clean Air Act.

DATES: This rule is effective on January 26, 2004, without further
notice, unless EPA receives adverse written comment by December 26,
2003. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

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. To submit comments,
please follow the detailed instructions described in part III 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.

FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, (215)
814-2174, or by e-mail at magliocchetti.catherine@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On January 30, 2001, the Delaware Department of Natural Resources
and Environmental Control (DNREC) submitted SIP revisions to Delaware
Regulation 26: Motor Vehicle Emissions Inspection Program and Delaware
Regulation 31: Low Enhanced Inspection and Maintenance (LEIM) Program.
The revisions to Regulation 26 include a provision to exempt the five
newest model year vehicles from inspection and an amendment to the
program's waiver requirements. The revisions to Regulation 31 create a
new car clean screen provision in the LEIM program. On September 24,
2001, DNREC submitted another SIP revision to Regulation 31 that
incorporates an on-board diagnostics (OBD) systems check as part of the
LEIM Program.
This rulemaking pertains to both the January 30, 2001 and September
24, 2001 SIP revisions submitted by DNREC to amend Regulations 26 and
31.

II. Summary of SIP Revision and EPA's Evaluation

On January 30, 2001, DNREC officially submitted a revision to EPA
pertaining to SIP-approved Delaware Regulation 31. Regulation 31 for
the LEIM program applies in Kent and New Castle Counties. The revision
includes a new model year clean screen provision whereby newer model
year vehicles may be exempt from exhaust and evaporative emissions
testing when waiting lines at inspection stations are too long. The
previous version of Regulation 31 called for the use of a low emitter
profile (LEP) model to clean screen vehicles at the lanes during peak
inspection periods. However, this LEP model clean screen provision of
the previous version of Regulation 31 was not implemented, and long
lines continued to be a problem during certain times. The main reason
for not implementing the LEP clean screen program was the complexity of
integrating the LEP program into the existing information systems. The
revision to Regulation 31 replaces the LEP model clean screen provision
with a new model year clean screen exemption to exempt vehicles that
are less than eight model years old. The DNREC provided a modeling
analysis that demonstrates that with this new model year clean screen
provision, its LEIM program still meets the applicable performance
standard required under the Federal I/M rule. Furthermore, DNREC's
analysis demonstrates that with this revision to Regulation 31, its
LEIM program provides more emission reductions that the previous
version calling for the use of an LEP model to clean screen. For a more
detailed evaluation of the modeling analysis, please see the Technical
Support Document (TSD) prepared in support of this rulemaking action.
Copies of that TSD are available from the EPA Regional Office listed in
the ADDRESSES section of this document. EPA has determined that these
revisions to Regulation 31 are consistent with the applicable
requirements of the Federal I/M rule.
The DNREC's January 30, 2001 SIP revision submittal also included
amendments to Delaware Regulation 26: Motor Vehicle Emissions
Inspection Program, which only applies in Sussex County. The revisions
to Regulation 26 include a provision to exempt the five newest model
year vehicles from inspection and an amendment to the program's waiver
requirements. EPA has determined that the five-year-model exemption and
revised waiver provisions are consistent with the applicable
requirements of the Federal I/M rule.
On September 24, 2001, DNREC submitted to EPA further revisions to
Regulation 31 to incorporate an OBD systems check as part of the LEIM
Program. This revision addresses the key components for making an OBD
systems check part of a LEIM program such as implementation deadlines,
model year coverage, test standards and procedures, waivers, and test
reports. The September 24, 2001 submittal also revises Regulation 31 to
clarify the test procedures for the Evaporative System Integrity Test
(pressure test). EPA has determined that these revisions to Regulation
31 are consistent with the applicable requirements of the Federal I/M
rule.

III. Final Action

EPA is approving the SIP revisions submitted by DNREC on January
30, 2001 pertaining to Regulations 26 and 31 and on September 24, 2001
pertaining to Regulation 31 as described in Section II of this
document.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on January 26, 2004, without further
notice unless EPA receives adverse comment by December 26, 2003. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.

[[Page 66345]]

You may submit comments either electronically or by mail. To ensure
proper receipt by EPA, identify the appropriate rulemaking
identification number DE059-1038a 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 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. 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 DE059-1038. 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.
ii. Regulations.gov. Your use of Regulation.gov is an alternative
method of submitting electronic comments to EPA. Go directly to
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.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose disclosure is restricted by statute. When EPA
identifies a comment containing copyrighted material, EPA will provide
a reference to that material in the version of the comment that is
placed in the official public rulemaking file. The entire printed
comment, including the copyrighted material, will be available at the
Regional Office for public inspection.

Submittal of CBI Comments

Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.

Considerations When Preparing Comments to EPA

You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate
regional file/rulemaking identification number in the subject line on
the first page of your response. It would also be helpful if you
provided the name, date, and Federal Register citation related to your
comments.

IV. Statutory and Executive Order Reviews

A. General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
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 action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this 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 approves 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 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

[[Page 66346]]

responsibilities between the Federal Government and Indian tribes, as
specified by Executive Order 13175 (59 FR 22951, 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 approves 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 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 rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

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 rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

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 January 26, 2004. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 approving revisions to Delaware Regulations
26 and 31 pertaining to vehicle inspection and maintenance programs 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,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

Dated: November 13, 2003.
Maria Parisi Vickers,
Acting Regional Administrator, Region III.

? 40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart I--Delaware

? 2. In Section 52.420, the table in paragraph (c) is amended:
? a. Under Regulation 26 by revising the entries for Section 1, Section
2, Section 4, Section 6, Section 9, and Technical Memorandum #1.
? b. Under Regulation 31 by revising the entries for Section 1, Section
2, Section 3, Section 5, Section 6, Section 7, Section 8, Section 9,
Section 13, Appendix 5(f), Appendix 6(a), Appendix 6(a)(8), and
Appendix 9(a); and by adding an entry for Appendix 6(a)(9) after the
existing entry for Appendix 6(a)(8).
The revisions and additions read as follows:

Sec. 52.420 Identification of plan.

* * * * *
(c) EPA approved regulations.

EPA-Approved Regulations in the Delaware SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State Citation Title/Subject effective EPA approval date Additional explanation
date
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
---------------------------------
Regulation 26 Motor Vehicle Emissions Inspection Program
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 1...................... Applicability and General Provisions....... 2/12/01 [11/26/03, Federal Register
page citation]
Section 2....................... Definitions................................ 2/12/01 [11/26/03, Federal Register
page citation]

* * * * * * *
Section 4...................... Exemptions................................. 2/12/01 [11/26/03, Federal Register
page citation]

* * * * * * *
Section 6...................... Compliance, Waivers and Extensions of Time. 2/12/01 [11/26/03, Federal Register
page citation]

[[Page 66347]]

* * * * * * *
Section 9...................... Calibration and Test Procedures and 2/12/01 [11/26/03, Federal Register
Approved Equipment. page citation]
Technical Memoranum #1. Delaware Division of Motor Vehicles Vehicle 2/12/01 [11/26/03, Federal Register Formally referred to as
Exhaust Emissions Test. page citation]
Technical Memorandum 1:
Motor Vehicle Inspection and
Maintenance Program Vehicle
Test Procecure and Machine
Calibration

* * * * * * *
---------------------------------
Regulation 31 Low Enhanced Inspection and Maintenance Program
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 1...................... Applicability.............................. 10/11/01 [11/26/03, Federal Register
page citation]
Section 2...................... Low Enhanced I/M Performance Standard...... 10/11/01 [11/26/03, Federal Register
page citation]
Section 3...................... Network Type and Program Evaluation........ 10/11/01 [11/26/03, Federal Register
page citation]

* * * * * * *
Section 5...................... Vehicle Coverage........................... 10/11/01 [11/26/03, Federal Register
page citation]
Section 6...................... Test Procedures and Standards.............. 10/11/01 [11/26/03, Federal Register
page citation]
Section 7...................... Waivers and Compliance Via Diagnostic 10/11/01 [11/26/03, Federal Register
Inspection. page citation]
Section 8...................... Motorist Compliance Enforcement............ 10/11/01 [11/26/03, Federal Register
page citation]
Section 9...................... Enforcement Against Operators and Motor 10/11/01 [11/26/03, Federal Register
Vehicle Technicians. page citation]

* * * * * * *
Section 13..................... Implementation Deadlines................... 10/11/01 [11/26/03, Federal Register
page citation]

* * * * * * *
Appendix 5(f).................. New Model Year Clean Screen................ ........... [11/26/03, Federal Register
page citation]
Appendix 6(a).................. Idle Test Procedure........................ 10/11/01 [11/26/03, Federal Register
page citation]

* * * * * * *
Appendix 6(a)(8)............... Evaporative System Integrity (pressure) 10/11/01 [11/26/03, Federal Register
Test. page citation]
Appendix 6(a)(9)............... On-board Diagnostic Test Procedure......... 10/11/01 [11/26/03, Federal Register
page citation]

[[Page 66348]]

* * * * * * *
Appendix 9(a).................. Enforcement Against Operators and 10/11/01 [11/26/03, Federal Register
Inspectors. page citation]

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 03-29427 Filed 11-25-03; 8:45 am]
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