[Federal Register Volume 64, Number 112 (Friday, June 11, 1999)]
[Rules and Regulations]
[Pages 31498-31501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14593]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DC036-2017; FRL-6356-4]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Enhanced Inspection and Maintenance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: We are converting the conditional approval of the District of
Columbia's (the District's) enhanced vehicle inspection and maintenance
(I/M) program which was granted on June 2, 1998 (63 FR 29955) to a full
approval. The District's I/M program was conditionally approved as a
revision to its State Implementation Plan (SIP) in the rule published
on June 2, 1998. The sole condition imposed in EPA's June 2, 1998
conditional approval was that the District's enhanced I/M program begin
on or before April 30, 1999. The District began testing vehicles on
April 26, 1999, and fulfilled its condition for full approval of the I/
M program. The District's program meets all the requirements of the
Clean Air Act for enhanced I/M.
DATES: This rule is effective on August 10, 1999, unless EPA receives
adverse written comment by July 12, 1999. If adverse comment is
received, we will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: Send written comments to: David L. Arnold, Chief, Ozone and
Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
You may inspect copies of the documents relevant to this action during
normal business hours at the following locations: Air Protection
Division, 14th floor, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103; the Air and
Radiation Docket and Information Center, U.S. Environmental Protection
Agency, 401 M Street, SW, Washington, DC 20460; and District of
Columbia Department of Public Health, Air Quality Division, 2100 Martin
Luther King Avenue, S.E., Washington, DC 20020. Please contact
Catherine L., Magliocchetti at (215) 814-2174 if you wish to arrange an
appointment to view the docket at the Philadelphia office.
FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, (215) 814-
2174 , or by e-mail at [email protected].
SUPPLEMENTARY INFORMATION: This Supplementary Information section is
organized as follows:
What action is EPA taking today?
Who is affected by this action?
Who will benefit from this action?
What Action is EPA Taking Today?
In this action, we are converting our conditional approval of the
District's I/M program as a revision to the SIP to a full approval. The
District's enhanced I/M program was conditionally approved and made
part of the District's SIP in a rule published on June 2, 1998 (63 FR
29955).
The sole condition imposed in the June 2, 1998 conditional approval
was that the District's enhanced I/M program begin on or before April
30, 1999. The District began testing vehicles on April 26, 1999, and
thereby has fulfilled the sole condition necessary for full approval of
the I/M program. Because the District has fulfilled the condition
imposed in the June 2, 1998 rule, we are converting our conditional
approval of the I/M SIP to a full approval.
Who is Affected by This Action?
It is important to note that our action today does not impose any
new requirements on District residents; we are merely giving full
versus conditional federal approval to the District law and regulations
that are already in place to implement an enhanced I/M program. Those
laws and regulations were made part of the District's SIP by the final
rule published on June 2, 1998 (63 FR 29955).
Who Will Benefit From This Program?
The residents of the District will benefit from this program, which
is designed to keep vehicles maintained and operating within pollution
control standards. And, since air pollution does not recognize
political boundaries, neighboring states' residents will also benefit
from implementation of this program which is designed to prevent
excessive vehicle pollution.
EPA Action
EPA is converting its conditional approval approval of the
District's enhanced I/M SIP to full approval. An extensive discussion
of the District's
I/M plan and our rationale for its approval was provided in the
previous final rule which conditionally approved the I/M SIP (see 63 FR
29955 and 63 FR 15118) and in our Technical Support Document, dated
March 10, 1998. This action to convert our conditional approval to full
approval is being published without prior proposal because we view this
as a noncontroversial revision and we anticipate no adverse comment.
However, in a separate document in this Federal Register publication,
we are proposing to this action should adverse written comments be
filed. This action will be effective without further notice unless we
receive relevant adverse comment by July 12, 1999. Should we receive
such comments, we will publish a withdrawal and inform the public that
this action will not take effect. Anyone interested in commenting on
this action should do so at this time. If no such comments are
received, you are advised that this action will be effective on August
10, 1999.
Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under E.O. 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If EPA complies by consulting, E.O. requires EPA to
provide to the Office of Management and Budget
[[Page 31499]]
a description of the extent of EPA's prior consultation with
representatives of affected state, local, and tribal governments, the
nature of their concerns, copies of written communications from the
governments, and a statement supporting the need to issue the
regulation. In addition, E.O. 12875 requires EPA to develop an
effective process permitting elected officials and other
representatives of state, local, and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.'' Today's rule does not
create a mandate on state, local or tribal governments. The rule does
not impose any enforceable duties on these entities. Accordingly, the
requirements of section 1(a) of E.O. 12875 do not apply to this rule.
C. Executive Order 13045
E.O. 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies
to any rule that the EPA determines (1) is ``economically
significant,'' as defined under E.O. 12866, and (2) the environmental
health or safety risk addressed by the rule has a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This final rule is not subject to E.O. 13045 because it is not an
economically significant regulatory action as defined by E.O. 12866,
and it does not address an environmental health or safety risk that
would have a disproportionate effect on children.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If EPA complies by
consulting, Executive Order 13084 requires EPA to provide to the Office
of Management and Budget, in a separately identified section of the
preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires EPA to develop an effective process permitting elected and
other representatives of Indian tribal governments ``to provide
meaningful and timely input in the development of regulatory policies
on matters that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the communities
of Indian tribal governments. This action does not involve or impose
any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of a flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
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 that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives 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 or uniquely impacted by the rule. EPA has determined that
the approval action promulgated does not include a Federal mandate that
may result in estimated annual costs of $100 million or more to either
State, local, or tribal governments in the aggregate, or to the private
sector. This Federal action approves pre-existing requirements under
State or local law, and imposes no new requirements. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action.
G. 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).
H. 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 August 10, 1999. 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 converting the conditional approval of the District of
Columbia's enhanced inspection and maintenance program SIP revision to
a full approval 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, Nitrogen dioxide, Ozone,
[[Page 31500]]
Enhanced Inspection and Maintenance (I/M).
Dated: May 27, 1999
W. Michael McCabe,
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. 7401 et seq.
Subpart J--District of Columbia
2. In Sec. 52.470, an entry for Title 18, Chapters 4, 6, 7, 11, 26
and 99 is added at the end of the table in paragraph (c) in the ``EPA
Approved Regulations in the District of Columbia SIP'' to read as
follows:
Sec. 52.470 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved Regulations In The District of Columbia Sip
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State effective
State citation Title/Subject date EPA approval date Comments
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* * * * * *
*
Title 18--Vehicles and Traffic
Chapter 4 Motor Vehicle Title and Registration
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Section 411..................... Registration of 10/10/86.......... June 11, 1999.
Motor Vehicles:
General
Provisions.
Section 412..................... Refusal of 10/17/97.......... June 11, 1999.
Registration.
Section 413..................... Application for 9/16/83........... June 11, 1999.
Registration.
Section 429..................... Enforcement of 3/4/83............ June 11, 1999.
Registration and
Reciprocity
Requirements.
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Chapter 6 Inspection of Motor Vehicles
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Section 600..................... General Provisions 4/23/82........... June 11, 1999.
Section 602..................... Inspection 3/15/85........... June 11, 1999.
Stickers.
Section 603..................... Vehicle 6/29/74; June 11, 1999.
Inspection: Recodified 4/1/81.
Approved Vehicles.
Section 604..................... Vehicle 11/23/84.......... 4/10/86 51 FR
Inspection: 12322.
Rejected Vehicles.
Section 606..................... Vehicle 6/29/74; June 11, 1999.
Inspection: Recodified 4/1/81.
Condemned
Vehicles.
Section 607..................... Placement of 4/7/77; Recodified June 11, 1999.
Inspection 4/1/81.
Stickers on
Vehicles.
Section 608..................... Lost, Mutilated or 6/30/72; June 11, 1999.
Detached Recodified 4/1/81.
Inspection
Stickers.
Section 609..................... Inspection of Non- 6/30/72; June 11, 1999.
Registered Motor Recodified 4/1/81.
Vehicles.
Section 617..................... Inspection 7/22/94........... June 11, 1999.
Certification.
Section 618..................... Automotive 7/22/94........... June 11, 1999.
Emissions Repair
Technician.
Section 619..................... Vehicle Emission 10/17/97.......... June 11, 1999.
Recall Compliance.
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Chapter 7 Motor Vehicle Equipment
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Section 701..................... Historic Motor 2/25/78; June 11, 1999.
Vehicles. Recodified 4/1/81.
Section 750..................... Exhaust Emission 4/26/77; June 11, 1999.
Systems. Recodified 4/1/81.
Section 751..................... Compliance with 7/22/94........... June 11, 1999.
Exhaust Emission
Standards.
Section 752..................... Maximum Allowable 10/17/97.......... June 11, 1999.
Levels of Exhaust
Components.
Section 753..................... Inspection of 5/23/83........... 4/10/86 51 FR
Exhaust Emission 12322.
Systems.
Section 754..................... Federal Transient 7/22/94........... June 11, 1999.
Emissions Test:
Testing
Procedures.
Section 755..................... Federal Transient 7/22/94........... June 11, 1999.
Emissions Test:
Equipment.
Section 756..................... Federal Transient 7/22/94........... June 11, 1999.
Emissions Test:
Quality Assurance
Procedures.
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[[Page 31501]]
Chapter 11 Motor Vehicle Offenses and Penalties
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Section 1101.................... Offenses Related 6/30/72; June 11, 1999.
to Title, Recodified 4/1/81.
Registration, and
Identification
Tags.
Section 1103.................... Offenses Related 6/30/72; June 11, 1999.
to Inspection Recodified 4/1/81.
Stickers.
Section 1104.................... False Statements, 11/29/91.......... June 11, 1999.
Alterations,
Forgery, and
Dishonest Checks.
Section 1110.................... Penalties for 11/29/91.......... June 11, 1999.
Violations.
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Chapter 26 Civil Fines for Moving and Non-Moving Violations
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Section 2600.1.................. Infraction: 8/31/90........... June 11, 1999.
Inspection,
Registration
Certificate, Tags.
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Chapter 99 Definitions
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Section 9901.................... Definitions....... 10/17/97.......... June 11, 1999.
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Sec. 52.473 [Amended]
3. In section 52.473, paragraph (a) is reserved.
[FR Doc. 99-14593 Filed 6-10-99; 8:45 am]
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