[Federal Register Volume 59, Number 168 (Wednesday, August 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21589]
[[Page Unknown]]
[Federal Register: August 31, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA38-1-6649; FRL-5062-6]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania; Enhanced Motor Vehicle Inspection and
Maintenance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is conditionally approving a State Implementation Plan
(SIP) revision submitted by the Commonwealth of Pennsylvania. This
revision establishes and requires the implementation of an enhanced
motor vehicle inspection and maintenance (I/M) program in the counties
of Allegheny, Beaver, Berks, Blair, Bucks, Cambria, Centre, Chester,
Cumberland, Dauphin, Delaware, Erie, Lackawanna, Lancaster, Lebanon,
Lehigh, Luzerne, Lycoming, Mercer, Montgomery, Northampton,
Philadelphia, Washington, Westmoreland and York. The intended effect of
this action is to conditionally approve the Pennsylvania enhanced motor
vehicle I/M program. This action is being taken under Section 110 of
the Clean Air Act.
EFFECTIVE DATE: This rule will become effective on September 30, 1994.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
Air, Radiation, and Toxics Division, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107; and the Pennsylvania Department of Environmental Resources,
Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street,
Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Mrs. Kelly L. Bunker, (215) 597-4554.
SUPPLEMENTARY INFORMATION: On June 30, 1994 (59 FR 33709), EPA
published a notice of proposed rulemaking (NPR) for the Commonwealth of
Pennsylvania. The NPR proposed conditional approval of an enhanced I/M
program based upon certain contingencies. The formal SIP revision was
submitted by the Commonwealth of Pennsylvania on November 5, 1993.
Specific requirements of the Pennsylvania enhanced I/M program and
the rationale for EPA's proposed actions are explained in the NPR and
will not be restated here. No adverse public comments were received on
the NPR.
Final Action
EPA is conditionally approving the enhanced I/M program as a
revision to the Pennsylvania SIP based on certain contingencies. The
conditions for approvability are as follows:
(1) By December 31, 1994 a notice must be published in the
Pennsylvania Bulletin by the Secretary of the Pennsylvania Department
of Transportation (PADOT) which certifies that the enhanced I/M program
is required in order to comply with federal law, certifies the
geographic areas which are subject to the enhanced I/M program (the
geographic coverage must be identical to that listed in Appendix A-1 of
the November 5, 1993 SIP submittal), and certifies the commencement
date of the enhanced I/M program. This notice must be submitted to EPA
as an amendment to the SIP by December 31, 1994;
(2) By December 31, 1994 the Commonwealth must submit to EPA as a
SIP amendment, the amendments to the Pennsylvania I/M regulation, 67 Pa
Code Sec. 178.202-205, which require EPA approval prior to
implementation of any alternate purge test procedure and incorporate
the transient emission standards for Tier 1 vehicles, the Phase 2
standards for all vehicle types and model years, and the transient and
evaporative purge test procedures found in the final version of the EPA
document entitled ``High-Tech I/M Test Procedures, Emission Standards,
Quality Control Requirements, and Equipment Specifications'', EPA-AA-
EPSD-IM-93-1, April 1994,
(3) Within one year from September 30, 1994, the Commonwealth must
submit the PADOT procedures manual for motorist compliance enforcement
program oversight as an amendment to the SIP and
(4) Within one year from September 30, 1994, the Commonwealth must
submit the PADOT procedures manual for quality assurance as an
amendment to the SIP.
The contingencies for approvability are as follows:
(1) If penalties are assessed against the contractor under the
Contractor Responsibility Program in lieu of the penalties in 67 Pa
Code Sec. 178.602(b) of the Pennsylvania I/M regulation, the penalties
must be equal to or more stringent than those in the Commonwealth's I/M
regulation and
(2) The present contractor or any future contractors for the
Pennsylvania I/M program may not have any business interest in a
vehicle repair facility anywhere in the continental United States.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
This action makes final the action proposed at 59 FR 33709. As
noted elsewhere in this notice, EPA received no adverse public comment
on the proposed action. As a direct result, the Regional Administrator
has reclassified this action from a Table 1 to a Table 3 under the
processing procedures established at 54 FR 2214, January 19, 1989.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by
an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation. The OMB has exempted this
regulatory action from E.O. 12866 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 October 31, 1994. Filing a
petition for reconsideration by the Administrator of this final rule
for the Pennsylvania enhanced I/M SIP revision 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 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,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: August 24, 1994.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
40 CFR part 52, subpart NN of chapter I, title 40 is amended as
follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart NN--Pennsylvania
2. Section 52.2026 is added to read as follows:
Sec. 52.2026 Conditional approval.
The Commonwealth of Pennsylvania's November 5, 1993 SIP submittal
for an enhanced motor vehicle inspection and maintenance (I/M) program
is conditionally approved based on certain contingencies.
(a) The conditions for approvability are as follows: (1) By
December 31, 1994 a notice must be published in the Pennsylvania
Bulletin by the Secretary of the Pennsylvania Department of
Transportation (PADOT) which certifies that the enhanced I/M program is
required in order to comply with federal law, certifies the geographic
areas which are subject to the enhanced I/M program (the geographic
coverage must be identical to that listed in Appendix A-1 of the
November 5, 1993 SIP submittal), and certifies the commencement date of
the enhanced I/M program. This notice must be submitted to EPA as an
amendment to the SIP by December 31, 1994.
(2) By December 31, 1994 the Commonwealth must revise and submit to
EPA as a SIP amendment, the amendments to the Pennsylvania I/M
regulation, 67 Pa Code Sec. 178.202-205, which require EPA approval
prior to implementation of any alternate purge test procedure and
incorporate the transient emission standards for Tier 1 vehicles, the
Phase 2 standards for all vehicle types and model years, and the
transient and evaporative purge test procedures found in the final
version of the EPA document entitled ``High-Tech I/M Test Procedures,
Emission Standards, Quality Control Requirements, and Equipment
Specifications'', EPA-AA-EPSD-IM-93-1, April 1994.
(3) Within one year from September 30, 1994, the Commonwealth must
submit the PADOT procedures manual for motorist compliance enforcement
program oversight as an amendment to the SIP.
(4) Within one year from September 30, 1994, the Commonwealth must
submit the PADOT procedures manual for quality assurance as an
amendment to the SIP.
(b) The contingencies for approvability are as follows:
(1) If penalties are assessed against the contractor under the
Contractor Responsibility Program in lieu of the penalties in 67 Pa
Code Sec. 178.602(b) of the Pennsylvania I/M regulation, the penalties
must be equal to or more stringent than those in the Commonwealth's I/M
regulation and
(2) The present contractor or any future contractors for the
Pennsylvania I/M program may not have any business interest in a
vehicle repair facility anywhere in the continental United States.
[FR Doc. 94-21589 Filed 8-30-94; 8:45 am]
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