[Federal Register: April 26, 2005 (Volume 70, Number 79)]
[Proposed Rules]
[Page 21380-21384]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap05-22]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2004-PA-0002; FRL-7903-5]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Revision to the Vehicle Inspection and Maintenance
Program for the Philadelphia and Pittsburgh I/M Regions
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 revision
establishes mandatory onboard
[[Page 21381]]
diagnostic testing under the Commonwealth's motor vehicle inspection
and maintenance (I/M) program, which applies to motorists in the I/M-
designated areas (denoted by Pennsylvania as I/M Regions) of
Philadelphia and Pittsburgh. This onboard diagnostic I/M testing
applies only to 1996-and-newer vehicles that are already subject to
Pennsylvania's existing I/M program and that are equipped with second
generation on-board diagnostic systems (or OBD-II).
The Commonwealth's SIP revision also includes a revised I/M program
regulation that is an updated version of the previously approved
Pennsylvania I/M SIP. This revised regulation contains minor updates
made by Pennsylvania to their I/M program since inception of enhanced
I/M testing in the Pittsburgh and Philadelphia areas since 1997.
However, these administrative changes (which affect the Commonwealth's
entire I/M program in all regions) were also part of a separate I/M
program SIP revision submitted by Pennsylvania on December 1, 2003. EPA
is addressing those administrative, program-wide changes via a
separate, simultaneous rulemaking action on that December 2003 SIP
revision. Therefore, those administrative changes are not being
readdressed by EPA here.
For purposes of this rulemaking action, only changes in the testing
regimen applicable to the Philadelphia and Pittsburgh I/M Regions are
addressed. The intended effect of this action is to propose approval of
the Commonwealth's revised I/M program submitted to EPA on January 30,
2004, as amended on April 29, 2004. This action is being taken under
the authority of the Clean Air Act.
DATES: Written comments must be received on or before May 26, 2005.
ADDRESSES: Submit your comments, identified by Regional Materials in
Edocket (RME) ID Number R03-OAR-2004-PA-0002 by one of the following
methods:
A. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
B. Agency Web site: http://www.docket.epa.gov/rmepub/ RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Follow the on-line instructions for submitting
comments.
C. E-mail: campbell.dave@epa.gov.
D. Mail: R03-OAR-2004-PA-0002, Dave Campbell, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 650 Arch Street, Philadelphia, Pennsylvania 19103.
E. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to RME ID No. R03-OAR-2004-PA-
0002. 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.docket.epa.gov/rmepub/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov
or e-mail. The EPA RME and the Federal regulations.gov Web sites are an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail 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 and with any
disk or CD-ROM you submit. 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, any form of encryption and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at http://www.docket.epa.gov/rmepub/. 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 either electronically in RME
or in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality, P.O. Box 8468, 400 Market Street,
Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, by telephone at (215) 814-
2176, or via e-mail at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION: On January 30, 2004, the Pennsylvania
Department of Environmental Protection (PA DEP) submitted a revision to
its State Implementation Plan (SIP) for the enhanced I/M program that
applies to vehicles registered in the Pittsburgh and Philadelphia I/M
Regions. On April 29, 2004, PA DEP submitted a technical amendment to
the January 30, 2004 SIP revision (hereafter referred to as the January
2004 SIP revision).
I. Background
The Clean Air Act (CAA) as amended in 1990 requires States to adopt
an enhanced motor vehicle emissions inspection and maintenance (or I/M)
program in selected areas. An I/M program is required based upon an
area's air quality (i.e., whether areas violate national ambient air
quality standards), the population of its metropolitan centers and
whether or not the State lies within the Ozone Transport Region
established by the CAA. EPA set forth regulatory requirements to guide
States in adoption of I/M programs in November 1992, subsequently
revising those regulations on several occasions. These regulatory
requirements, hereafter referred to as EPA's I/M requirements rule, are
codified at 40 CFR part 51, subpart S.
A. Pennsylvania's Prior Enhanced I/M SIP and EPA's SIP Approval Actions
Pennsylvania adopted several iterations of enhanced I/M during the
1990s, culminating in the publication of a final I/M regulation in the
September 27, 1997 edition of the Pennsylvania Bulletin (Vol. 27, No.
39), codified in Chapter 177 of the PA Code. Pennsylvania chose to
adopt an I/M test network utilizing decentralized, privatized stations
for operation of the program and submitted that program to EPA for SIP
approval.
Through a series of rulemakings, EPA subsequently approved the
Commonwealth's I/M program as part of the Pennsylvania SIP, culminating
in a final rule granting full SIP approval published in the June 17,
1999 edition of the Federal Register (64 FR 32411). That prior I/M SIP
approval action is hereafter referred to as EPA's June 1999 SIP
approval, or simply as the June 1999 SIP approval. Pennsylvania
[[Page 21382]]
subsequently made a minor modification to the approved SIP in July of
2003 to revise its Acceleration Simulation Mode (or ASM) testing
methodology and test standards that apply to the Philadelphia area
program. EPA approved that revision on August 15, 2003 (68 FR 48803).
B. Federal On-Board Diagnostic Testing Requirements
The Clean Air Act as amended in 1990 requires States to incorporate
checks of light-duty motor vehicle on-board diagnostic (OBD) systems
into their I/M programs. These OBD checks are to be performed on
vehicles equipped with second generation OBD systems (referred to as
OBD-II). Such OBD-II-equipped vehicles were first introduced beginning
in the 1994 model year, but were not available in every new light-duty
vehicle until the 1996 model year. Since engines in these newer
vehicles are largely electronically controlled, with their operation
overseen by a computerized control unit, the operation of the engine
and its supporting systems is monitored by the OBD-II software. The
vehicle's OBD-II computer detects malfunctions in the operation of
critical systems and components as they occur and stores information
related to any such problem in its memory, while simultaneously
triggering a dashboard warning light to alert the driver of a problem.
Such OBD-monitored malfunctions may impact the level of air pollution
emitted by the vehicle, therefore Congress required under the Clean Air
Act that OBD checks be a mandatory part of I/M programs. An added
benefit from OBD checks is that diagnostic information garnered from
OBD checks provides for more accurate diagnosis of emission-related
malfunctions than could otherwise be obtained from tailpipe emissions
testing or visual inspection of the vehicles's emissions system
components.
In November 1992, when EPA originally adopted its I/M requirements
rule, Federal OBD-II certification standards had not yet been
developed. EPA amended its 1992 I/M requirements rule in August 1996 to
establish testing standards for I/M checks of OBD-II-equipped vehicles.
On May 4, 1998 and again on April 5, 2001, EPA amended its I/M
requirements rule specifically to address requirements for OBD checks
to be performed as part of I/M programs. In order for the Commonwealth
to implement these new OBD test requirements as part of its SIP's I/M
program, Pennsylvania needed to amend its regulations and to submit
those amendments to EPA as SIP revisions. The Commonwealth submitted
two SIP revisions to EPA to incorporate OBD testing into its I/M
program dated December 1, 2003 and January 30, 2004, respectively.
These revisions address different geographic regions in Pennsylvania
that are subject to I/M programs under the Clean Air Act. Together
these SIP revisions amend the Commonwealth's prior approved I/M SIP,
which EPA approved on June 17, 1999 (64 FR 32411).
EPA is proposing rulemaking action herein only upon the January 30,
2004 SIP revision. EPA is taking separate, simultaneous rulemaking
action on the Commonwealth's December 1, 2003 I/M SIP revision. Please
refer to that separate EPA rulemaking action for details on EPA's
Federal approval of changes to the Pennsylvania I/M program that are
not related to the emissions inspection testing performed in the
Pittsburgh and Philadelphia areas.
II. Summary of Pennsylvania's January 2004 SIP Revision To Revise the
Emissions Inspection Program for the Philadelphia and Pittsburgh
Regions
On January 30, 2004, Pennsylvania submitted a revision to its
enhanced I/M SIP approved by EPA on June 17, 1999 (64 FR 32411). The
Commonwealth submitted a technical correction to the January 30, 2004
SIP revision on April 29, 2004. Hereafter, the corrected version is
referred to as the January 2004 SIP revision. This January 2004 SIP
revision serves several purposes. It serves to update the
Commonwealth's emissions testing program to comply with recent changes
to Federal requirements regarding incorporation of on-board diagnostic
checks to enhanced I/M program areas. This SIP revision also amends the
Commonwealth's prior approved SIP to alter the I/M test regimen for the
Philadelphia and Pittsburgh Regions. The I/M program continues to apply
on an annual basis to most 1975 and newer model year, gasoline-powered
vehicles having a gross vehicle weight rating of 9,000 pounds or less
that are registered in a I/M region, as defined by Pennsylvania
regulation. However, pre-1996 vehicles that reach twenty-five model
years in age will be required to undergo only a gas cap test and a
visual inspection of certain emission control devices. Pre-1996
vehicles that are then 25 years old will no longer undergo tailpipe
emissions testing.
The Philadelphia I/M Region is defined by Pennsylvania to encompass
the Counties of Bucks, Chester, Delaware, Montgomery and Philadelphia.
The Pittsburgh Region is comprised of Allegheny, Beaver, Washington and
Westmoreland Counties. Emissions testing in both areas consists of an
annual on-board diagnostic system check for 1996 and newer OBD-II-
equipped vehicles and a gas cap leakage test (in order to verify a gas
cap's ability to prevent evaporative hydrocarbon vapor from escaping).
Additionally, subject 1975 to 1995 vehicles (and heavy duty 1996
and newer subject vehicles) receive a gas cap leakage test and also
undergo a visual anti-tampering inspection of emissions-related
components. The anti-tampering inspection entails visual inspection of
the following components, to ensure such components have not been
removed or rendered inoperable: catalytic converter, exhaust gas
recirculation (EGR) system, positive crankcase ventilation (PCV) valve,
air pump, evaporative control system components and fuel tank inlet
restrictor.
The type of tailpipe testing required in both the Philadelphia and
Pittsburgh Regions is based upon vehicle weight and type and model year
of the vehicle. Different testing regimen apply in the Philadelphia
area (due to the severity of the air quality problem there) and the
Pittsburgh area. The only notable change to the testing regimen from
that of the prior Pennsylvania I/M SIP approved by EPA in June 1999 is,
as was noted above, that pre-1996 vehicles that reach twenty-five model
years in age will be required to undergo only a gas cap test and a
visual inspection of certain emission control devices--but will not
need to undergo tailpipe exhaust emissions testing in any form. By
2021, tailpipe exhaust emissions testing for all pre-1996 model year
vehicles will be dropped altogether, in lieu of a gas cap check and a
visual inspection only. Please refer to the technical support document
prepared by EPA for this rulemaking action for a detailed description
of the test regimen as it applies to specific vehicles (dependent on
vehicle age, vehicle weight, vehicle type and the calender year of
testing).
The Commonwealth's January 2004 SIP submission to EPA also includes
additional supporting materials--including a new demonstration of
compliance of the revised I/M programs for the Pittsburgh and
Philadelphia Regions to Federal I/M performance-based standards. The
Commonwealth has used MOBILE emission factor modeling to show that the
program in each of these Regions meets Federal performance-based goals,
as evaluated in calender year 2005 and 2007.
The Commonwealth's January 2004 SIP revision does not address minor
[[Page 21383]]
administrative changes made by Pennsylvania that make minor changes and
updates to I/M programs regardless of which geographic region such
programs apply. However, the Commonwealth's revised I/M regulation
contained in the January 2004 SIP revision is reflective of these
administrative changes. The Commonwealth provided supporting materials
and their argument for these changes as part of its December 1, 2003 I/
M SIP revision. That SIP revision also addresses changes to I/M testing
performed in regions outside of Philadelphia and Pittsburgh and changes
to the safety inspection program in non-I/M Regions of Pennsylvania.
EPA is taking separate, simultaneous rulemaking action upon the
December 1, 2003 SIP revision to address those program-wide,
administrative changes as they apply to all I/M-subject Regions of the
Commonwealth. Please refer to EPA's proposed rulemaking for the
December 1, 2003 SIP for a discussion on these minor changes. Comments
related to these provisions should be directed to the docket for the
December 1, 2003 SIP rulemaking action (regardless of the geographic
area of concern).
Certain language adopted by Pennsylvania as part of its I/M
regulation, codified at 67 PA Code Chapter 177, has been redacted by
Pennsylvania from the I/M SIP revisions. Specifically, this language is
omitted from both the December 2003 and the January 2004 SIP revisions
as submitted to EPA. This State regulatory language provides
Pennsylvania the potential to phase-down/phase-out of I/M testing of
pre-1996 subject vehicles at a point in time when pre-1996 vehicles
make up a preset proportion of a given region's total, I/M-subject
fleet. Since this language is excluded from the SIP revisions, it is
not before EPA for consideration for inclusion to the Pennsylvania SIP.
The Commonwealth has also excluded regulatory language from both
the December 2003 and January 2004 SIP submissions to EPA that would
set the minimum repair expenditure for failing vehicles in need of I/M-
related repairs (or waiver limit) at $150 for the first two years after
commencement of a new I/M program. That language is, therefore, not
under consideration by EPA as a revision to the Pennsylvania SIP.
III. Proposed Action
EPA is proposing to approve Pennsylvania's I/M SIP revision
submitted on January 30, 2004, as amended by Pennsylvania via a
technical correction on April 29, 2004. This SIP revision incorporates
changes being made by Pennsylvania to its I/M program applicable in the
Philadelphia and Pittsburgh I/M Regions as described herein.
For more information regarding EPA's detailed review of the
Commonwealth's January 30, 2004 I/M SIP revision, please refer to the
Technical Support Document (TSD) prepared by EPA in support of this
rulemaking action. The TSD is part of the docket for this action and is
available at the EPA office listed in the ADDRESSES portion of this
proposed rulemaking. EPA is soliciting public comments on the issues
discussed in this document. 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.
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 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 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), nor will it 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), because it
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 (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. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this proposed rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This proposed rule to approve a revision to Pennsylvania's motor
vehicle inspection and maintenance Program for the Pittsburgh and
Philadelphia Regions 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.
[[Page 21384]]
Dated: April 19, 2005.
Richard Kampf,
Acting Regional Administrator, Region III.
[FR Doc. 05-8323 Filed 4-25-05; 8:45 am]
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