Approval and Promulgation of Air Quality Implementation Plans Ohio; Enhanced Motor Vehicle Inspection and Maintenance Program

[[Page 16989]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH69-1-6680a; FRL-5175-2]

Approval and Promulgation of Air Quality Implementation Plans

Ohio; Enhanced Motor Vehicle Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: The USEPA is giving full approval through a direct final

procedure of the Vehicle Inspection and Maintenance (I/M) program as a

revision of the State Implementation Plan (SIP) for ozone for the

Cleveland-Akron-Lorain, the Dayton-Springfield, and Cincinnati moderate

ozone nonattainment areas in the State of Ohio. The revision and

subsequent related material was submitted by the State on November 12,

1993, March 15, 1994 and May 26, 1994. The SIP revision establishes and

requires the implementation of an enhanced I/M program in three (3)

nonattainment areas consisting of fourteen (14) counties in the State,

and enables the development of a basic program in one (1) other area

consisting of two (2) counties. The Cleveland-Akron-Lorain, the Dayton-

Springfield, and Cincinnati areas are designated moderate nonattainment

for ozone and have opted to implement enhanced I/M. The I/M program is

designed to be contract operated, and the State has taken the necessary

steps to get the program up and running within the timeframe required

in the USEPA regulations. The Toledo area was also included as part of

the I/M submittal. This area is undergoing review for redesignation to

attainment for ozone. As such, the USEPA will take no action at this

time regarding the submittal of an I/M program in the Toledo area. The

USEPA is approving the legislation and rules for the Toledo area but

will rulemake on the need for an I/M program in the Toledo area at a

later date. This I/M SIP action is being taken under section 110 of the

Clean Air Act (the Act).

In the proposed rules section of this Federal Register, USEPA is

proposing approval of this I/M program and SIP revision and solicits

public comments on the action. If adverse comments are received on this

direct final rule, USEPA will withdraw this final rule and address

these comments in a subsequent final rule based on the proposed rule.

EFFECTIVE DATES: This action will be effective June 5, 1995 unless by

May 4, 1995, someone submits adverse or critical comments. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should be addressed to: William L.

MacDowell, Chief, Regulation Development Section, Air Enforcement

Branch (AE-17J), U.S. Environmental Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

Copies of the documents related to this action are available for

public inspection during normal business hours at the following

addresses: United States Environmental Protection Agency, Region 5, Air

and Radiation Division, 77 West Jackson Boulevard (AE-17J), Chicago,

Illinois 60604; and Office of Air and Radiation, Docket and Information

Center, Room M1500, U.S. Environmental Protection Agency, 401 M Street,

S.W. Washington D.C., 20460.

FOR FURTHER INFORMATION CONTACT: John Paskevicz, Regulation Development

Section, Air Enforcement Branch (AE-17J), U. S. Environmental

Protection Agency, Chicago, Illinois 60604 (312) 886-6084.

SUPPLEMENTARY INFORMATION:

I. Introduction

Motor vehicles are a major contributor of volatile organic

compounds (VOC), carbon monoxide (CO), and nitrogen oxide (NOX)

emissions. The motor vehicle inspection and maintenance program is an

effective means of reducing these emissions. Despite improvements in

emission control technology in past years, mobile sources in urban

areas continue to remain responsible for roughly half of the emissions

of VOC causing ozone, and most of the emissions of CO. They also emit

substantial amounts of nitrogen oxides and air toxics. This is because

the number of vehicle miles traveled has doubled in the last 20 years

to 20x1012 (20 trillion) miles per year, offsetting much of the

technological progress in vehicle emission control over the same

period. Projections indicate that the steady growth in vehicle miles

will continue.

Under the Act, the USEPA is pursuing a three-point strategy to

achieve emission reductions from motor vehicles. The development and

commercialization of cleaner vehicles and cleaner fuels represent the

first two elements of the strategy. These developments will take many

years before cleaner vehicles and fuels dominate the fleet and

favorably impact the environment. This Notice deals with the third

element of the strategy, inspection and maintenance, which is aimed at

the reduction of emissions from the existing fleet by ensuring that

vehicles are maintained to meet the emission standards established by

USEPA. Properly functioning emission controls are necessary to keep

pollution levels low. The driving public is often unable to detect a

malfunction of the emission control system. While some minor

malfunctions can increase emissions significantly, they do not affect

drivability and may go unnoticed for a long period of time. Effective

I/M programs can identify excessive emissions and assure repairs. The

USEPA projects that sophisticated I/M programs such as the one being

proposed in this rulemaking in Ohio will identify emission related

problems and prompt the vehicle owner to obtain timely repairs thus

reducing emissions.

The Act requires that polluted cities adopt either a ``basic'' or

``enhanced'' I/M program, depending on the severity of the pollution

and the population of the area. Moderate ozone nonattainment areas,

plus marginal ozone areas with existing or previously required I/M

programs in Census-defined urbanized areas, fall under the ``basic'' I/

M requirements. Basic and enhanced I/M programs both achieve their

objective by identifying vehicles that have high emissions as a result

of one or more malfunctions, and requiring them to be repaired. An

``enhanced'' I/M program covers more vehicles in operation in the

fleet, employs inspection methods which are better at finding high

emitting vehicles, and has additional features to better assure that

all vehicles are tested properly and effectively repaired. The Act

directed USEPA to establish a minimum performance standard for enhanced

I/M programs. The standard is based on the performance achievable by

annual inspections in a centralized test program. States have

flexibility to design their own programs if they can show that their

program is as effective as the model program used in the performance

standard. Naturally, the more effective the program the more credit a

State will get towards the emission reduction requirement. An effective

program will help to offset growth in vehicle use and allow for

industrial and/or commercial growth.

The USEPA and the States have learned a great deal about what makes

an I/M program effective since the Clean Air Act of 1977 first required

I/M programs for polluted areas. There are three major keys to an

effective program:

[[Page 16990]] (1) Given the advanced state of current vehicle

design and anticipated technology changes, the ability to accurately

fail problem vehicles and pass clean ones requires improved test

equipment and test procedures;

(2) Comprehensive quality control and aggressive enforcement is

essential to assuring the testing is done properly;

(3) Skillful diagnostics and capable mechanics are important to

assure that failed cars are fixed properly.

These three factors are missing in most older I/M programs.

Specifically, the idle and 2500 RPM/idle short tests and anti-tamper

inspections used in current I/M programs are not as effective in

identifying and reducing in-use emissions from the types of vehicles in

the current and future fleet. Also, covert audits by USEPA and State

agencies typically discover improper inspection and testing 50 percent

of the time in test-and-repair stations indicating poor quality

control. Experience has shown that quality control at high-volume test-

only stations is usually much better. And, finally, diagnostics and

mechanics training are often poor or nonexistent.

On November 5, 1992 (57 FR 52950), USEPA established a high-tech

emission test for high-tech cars. This I/M test, known as the IM240

test, is so effective that biennial test programs yield almost the same

emission reduction benefits as annual programs. The test can also

accurately measure NOX emissions where NOX is important to

address an ozone problem. Adding the pressure and purge test increases

the benefit even more resulting in lower testing costs and consumer

time demands. The pressure test is designed to find leaks in the fuel

system, and the purge test evaluates the functionality of the vapor

control system.

II. Background

There are four (4) areas in the State of Ohio which are required to

implement an I/M program. They are: the Cleveland-Akron-Lorain, the

Dayton-Springfield, Cincinnati, and Toledo areas. All are classified

moderate nonattainment for ozone.

On September 13, 1993, the State submitted a request for

redesignation to attainment for the Toledo area. The State analysis

shows that the ozone standard can be maintained in the Toledo area

without an I/M program. This request is still pending. The USEPA will

rulemake on this issue at a later date.

On November 12, 1993, December 12, 1993, March 15, 1994, and May

26, 1994, the State of Ohio submitted material which comprised the

State's I/M SIP revision for the areas in the State required to

implement basic I/M. The November 12, 1993, submittal contained the

program plan, emission inventory, legislation, draft rules, and draft

request for proposal (RFP) along with demographic material for the

areas of concern. The December 12, 1993, I/M submittal contained the

official request from the Director, Ohio Environmental Protection

Agency (OEPA) asking USEPA for approval. On March 15, 1994, the State

submitted the final RFP and additional support material for three (3)

of the areas (referred to as ``zones'' in the State SIP) in which

enhanced I/M will be implemented. The May 26, 1994, submittal contained

final approved rules, public notice material, proceedings from the

public hearings, written comments and certification materials. Finally,

in a letter dated June 22, 1994, the Director provided assurances to

the USEPA that the State has completed an RFP for the Toledo

Metropolitan area which will be released promptly should the State's

request for redesignation to attainment be disapproved.

On January 21, 1994, the USEPA notified the State that the November

12, 1993, I/M revision submittal was not complete and that the

sanctions clock had started. Upon receipt of the additional material

noted above on July 22, 1994, the USEPA notified the OEPA that the

State's I/M implementation plan revision was complete and the sanctions

clock started in January had been stopped for all of the affected

areas. While the State did not issue a request for proposal (RFP) for

the Toledo area, it did have an RFP ready to issue in the event the

redesignation to attainment failed.

The program also included rules which give the Director of the OEPA

authority to implement a centralized basic I/M program in any area

designated moderate nonattainment. The USEPA considered the SIP

submittal complete in part because it contained all the required

authority to readily implement an I/M program without any additional

action on the part of the State legislature.

The Ohio I/M program was enabled by Senate Bill 18, which was

signed into law by Governor Voinovich on June 27, 1993, and became

effective on September 27, 1993. The bill gives the Director of OEPA

authority to implement the I/M program, and defines the geographic

boundaries of the program in each nonattainment area based on county

boundaries. The bill authorizes I/M for the following Ohio counties

which have Census-defined urbanized areas: In the Cleveland-Akron-

Lorain CMSA, the counties of Cuyahoga, Geauga, Lake, Lorain, Medina,

Portage, and Summit; in the Dayton-Springfield CMSA, the counties of

Clark, Greene, and Montgomery; in the Cincinnati CMSA, the counties of

Butler, Clermont, Hamilton and Warren; and in the Toledo MSA, the

counties of Lucas and Wood. Basic I/M is required in all Census-defined

urbanized areas designated as moderate nonattainment. The legislation

also established a process under which local governments in an area

classified as moderate nonattainment can ask the Director of the OEPA

to implement and supervise an enhanced I/M program instead of the

required basic program. With the exception of the Toledo area, the

other three nonattainment areas have opted, through the legislatively

prescribed process, to implement enhanced I/M. The March 15, 1994,

submittal contained the State's RFP which describes in detail the

requirements for a contractor to develop and operate the enhanced I/M

program in these three areas.

The USEPA has determined that the Ohio enhanced I/M program meets

the requirements of USEPA's performance standard and other requirements

contained in the Federal I/M rule promulgated on November 5, 1992 (57

FR 52950). The biennial, centralized, test only program, is required to

begin testing in September 1995, two years after the legislation became

effective. Testing will be conducted by a contractor and supervised by

the Ohio EPA, Air Division. Additional aspects of the program include:

IM240 testing of 1981 and newer vehicles; two-speed idle test of pre-

1981 vehicles to 1975; pressure and purge testing; a test fee to ensure

the State has adequate resources to supervise the program; enforcement

by registration denial; opacity testing of diesel powered vehicles;

waiver limits set at $100 for 1975-1980 model year, and $200, actual

expenditures, for 1981 and later model year vehicles; compilation of a

list of repair facilities which can repair a vehicle to pass the

tailpipe inspection; data collection; repair effectiveness program;

inspector training and certification; penalties for inspectors and

contractors; and emission recall enforcement. In addition to the above,

the Director of the Ohio EPA provided assurances in his letter of June

22, 1994, to the USEPA Regional Administrator that in the event the

Toledo redesignation to attainment is not approved, the State will

immediately obtain a contractor to operate a basic I/M program in that

area. An analysis of how the Ohio program meets the Federal program

requirements is provided below.

[[Page 16991]]

A. Applicability

Under the requirements of the Clean Air Act, basic inspection and

maintenance programs are required in a number of areas classified as

moderate nonattainment for ozone. These areas include: Cleveland-Akron-

Lorain CMSA including the counties of Cuyahoga, Geauga, Lake, Lorain,

Medina, Portage, and Summit; Dayton-Springfield CMSA including the

counties of Clark, Greene, and Montgomery; Cincinnati CMSA including

the counties of Butler, Clermont, Hamilton and Warren; and the Toledo

MSA containing the counties of Lucas and Wood. The State excluded some

smaller urbanized areas in the CMSAs based on population. However,

because the I/M program is implemented on a county-wide basis,

exclusion of these areas is offset by the inclusion of non-urban

residents in the I/M counties. Ashtabula and Miami counties are

excluded from the I/M testing program because these counties contain no

urban areas. In the Cleveland-Akron-Lorain CMSA, 96.5 percent of the

population is in the program. In the Dayton-Springfield CMSA, 90.3

percent of the population is in the program. All of the counties in the

Cincinnati CMSA are included in the program.

B. Enhanced I/M Performance Standard

The enhanced I/M program must be designed and implemented to meet

or exceed a minimum performance standard. The minimum performance

standard in this case is a basic I/M program which is required in all

four (4) moderate nonattainment areas of the State. Areas are required

to meet the performance standard for the pollutants which cause them to

be subject to I/M requirements. Emission levels are calculated using

the most recent version of USEPA mobile source emission factor model.

In Ohio the performance standard must be met for volatile organic

compounds (VOC). The performance standard is established using the

model I/M program inputs and local characteristics, such as vehicle mix

and local fuel controls, and model I/M program parameters for the

following: network type, start date, test frequency, model year

coverage, vehicle type coverage, exhaust emission test type, emission

standards, emission control device, evaporative system function checks,

stringency, waiver rate, compliance rate and evaluation date. Ohio used

the USEPA model known as MOBILE5a to calculate the emission levels from

the program design. The Ohio I/M program target design includes:

centralized test, 1983 start date, biennial frequency, 1970 and newer

model year coverage, vehicle types include LDGV, LDGT1, LDGT2 and HDGV

up to 10,000 pounds, IM240 for 1981 and newer vehicles, and a steady-

state loaded test for pre-1981 vehicles, five (5) element visual

inspection and pressure purge on all vehicles, stringency rate for all

vehicles will be 20 percent, waiver rate will be 3 percent and a 96

percent compliance rate. The performance standard is based on a basic

I/M program for all areas in the State because the areas are classified

as moderate nonattainment areas and are required to implement a basic

I/M program.

The emission levels achieved by the State were modeled using

MOBILE5a. The demonstration was performed correctly, using local

characteristics and shows that the program design will exceed the

minimum required I/M performance standard. The State exempts a number

of alternatively powered vehicles from the I/M program. The USEPA

believes these exemptions for electric, hydrogen powered, compressed

natural gas, methanol, ethanol and propane, which are intended to

encourage the use of renewable and alternative energy sources, will

have little or no impact on emissions in the immediate future.

C. Network Type and Program Evaluation

Three of the four Ohio ozone nonattainment areas are opting into

the enhanced I/M program. In these enhanced areas a contractor will

operate a test-only centralized network for inspections and

reinspection. All vehicles included in the emission reduction

demonstration will be tested by a contractor in centralized I/M test

facilities. The contract specifies that the contractor is barred from

involvement in motor vehicle-related business with the exception of

vehicle testing equipment fabrication and sales. Authority for this

program is established in Senate Bill 18. The Ohio legislation

specifies inspections and reinspection under an enhanced program shall

be conducted by a centralized contractor.

The Ohio I/M program plan calls for the Ohio EPA to institute an

ongoing evaluation of the enhanced I/M program consistent with USEPA

regulations to quantify the emissions reductions benefits of the

program to verify that it is meeting the requirements of the Clean Air

Act. The evaluation will consist of monitoring the performance of IM240

on a random, representative sample of at least 0.1 percent of the

vehicles subject to inspection and covering a 25 model-year rolling

window. Evaporative system purge (1981 and newer) and pressure tests

(all model years) will be performed on those vehicles subject to the

test requirements. The State program plan describes the manner in which

the State will perform the evaluation: using Ohio EPA auditors,

visiting each lane at every station, choosing vehicles at random at

different times of the day, performing calibration checks, and ensuring

the selected vehicles represent the fleet mix in the test area. The

evaluation program includes surveys conducted by the State to assess

the effectiveness of repairs performed on vehicles which fail any of

the required tests. Tampering rates will be measured for changes during

the life of the program, and deterrent effects will be evaluated. Ohio

law prohibits the sale of any tampered vehicle in the State.

Lane inspectors employed by the contractor will be evaluated using

undercover audit vehicles and State personnel. The mission of the

auditors will be to conduct surveys for inspector effectiveness in

identifying vehicles in need of repair. Ohio EPA will submit biennial

reports on the results of the evaluations. The report will assess

whether the program is meeting the emission reduction target.

D. Adequate Tools and Resources

The Federal regulation requires the State to demonstrate that there

is adequate funding of the program functions including quality

assurance, data analysis and reporting, holding hearings and

adjudication of cases. The Ohio I/M program will be funded through a

per-vehicle inspection fee which will be set following award of the

centralized contracts in each of the ozone nonattainment areas.

Legislation gives the director of the Ohio EPA the authority to

establish an annual or biennial test fee sufficient to cover all costs

associated with implementation, administration and operation of the

program. The fee is capped in the State's legislation at twenty-five

(25) dollars per test for an enhanced biennial program. Approximately

$1.25 from each test will be paid to the Ohio EPA for administrative

oversight activities. This will result in sufficient funding during the

year for the State to administer the program and provide oversight,

management, and enforcement. The Ohio EPA will use leased vehicles of a

variety of makes and model years for the covert auditing program.

Arrangements are made with the Ohio Bureau of Motor Vehicles (BMV)

which provides cover registrations and license plates.

The contractor(s) selected to perform the testing will be required

to provide administrative support for Ohio EPA [[Page 16992]] staff at

the three area headquarters, along with a supply of calibration gas and

hardware to perform quality assurance audits. The Ohio BMV will provide

program oversight of the registration denial portion of the enforcement

program.

E. Test Frequency and Convenience

The Federal I/M rule requires test systems to be designed in such a

way to provide convenient service. The Ohio enhanced program test

frequency is biennial for all subject vehicles. New vehicles are not

tested until two (2) years after the initial registration. In the

biennial program even model years will be tested on the even calendar

year and odd numbered model years will be tested in the odd numbered

calendar year. The State will require that test facilities are located

such that eighty (80) percent of all motorists in urban areas do not

have to drive more than five (5) miles to a test facility, and one-

hundred (100) percent in urban area will not have to drive more than

ten (10) miles, and one-hundred (100) percent of the affected

population in rural areas will be within 15 miles of a test facility.

The State RFP specifies at least fifty-eight (58) hours of operation of

a test facility per week.

F. Vehicle Coverage

The Federal rule for enhanced I/M programs assumes coverage of all

1968 and newer model year light duty vehicles and light duty trucks up

to 8,500 pounds gross vehicle weight rating (GVWR), and includes

vehicles operating on all fuel types. The Ohio I/M program requires all

gasoline and diesel powered light duty passenger cars, light duty

trucks, and heavy duty vehicles up to 10,000 pounds, up to and

including twenty-five (25) years old and newer are subject to the

program. The BMV data available on the current fleet does not include

vehicles owned by the U.S. General Services Administration or vehicles

owned by the State BMV. These government vehicles are required to be

tested but are not currently part of the State data base. The OEPA is

working with these organizations to establish a testing routine and

schedule for these vehicles, which are not presently licensed by the

BMV. The State also exempts vehicles including historical vehicles

(older than 25 years), licensed collectors vehicles (which have use

restrictions), parade and exhibition vehicles (which receive temporary

road permits), motor cycles, recreational vehicles over 10,000 pounds,

and alternative fueled vehicles. The USEPA agrees with the State that

these vehicles do not make up a significant portion of the total motor

vehicle fleet in the tested area and most are not included in the

modeling for the performance standard. Additional information and other

statistical information regarding the fleet, required to manage the

program, will become available following the first test cycle.

G. Test Procedures and Standards

Written test procedures and pass/fail standards are required to be

established and followed for each model year and vehicle type included

in the program. Federal test procedures and standards are found in 40

CFR 51.357 and in the draft USEPA document entitled ``High-Tech I/M

Test Procedures, Equipment Standards, Quality Control Requirements, and

Equipment Specifications'', EPA-AA-EPSD-IM-93-1, finalized in April

1994. The Director of OEPA has the authority to establish test

procedures according to the needs of the program. The test procedures

are listed in the Ohio EPA RFP and correspond to the USEPA procedures.

The Ohio procedure for the evaporative system functional test uses non-

invasive helium in place of nitrogen as called for in the USEPA

procedure. The contractor will work with the USEPA to obtain approval

for use of this gas. All vehicles will be tested in an as-received

condition and vehicle owners will have an opportunity to view the test

from an area at the test site that affords an unobstructed view. Each

vehicle will be inspected prior to the emissions test and rejected from

testing if any unsafe condition exists or if the exhaust is leaking or

missing. In the event of an emission failure of any kind, all

components are retested after repairs. The State will use the same

emission standards set forth in section 85.2205(a) of the technical

guidance published by USEPA in July 1993. The State also uses the

evaporative test standards published in the same document, and a clause

in the RFP allows the State to change the standards in the event

emission cutpoints need to be changed to adjust failure rates in the

program. The State has established a twenty-five (25) year ``rolling

window'' for vehicles subject to the emission standards in the I/M

program. This concept has been taken into account in the modeling the

State performed to determine emission reduction benefits. A vehicle

with a switched engine is required to meet the emission standards of

the chassis model year as listed on the vehicle registration. If the

engine is newer than the chassis, the State's tamper provisions apply

and the vehicle will be evaluated on that basis. For the tamper

inspection, such a vehicle must match a light-duty certified

configuration of chassis model year or of a newer vehicle if it had

originally been a light-duty configuration.

The State permanently exempts a number of vehicles. The State

exempted alternatively-fueled vehicles in order to promote clean

burning fuels. Dual-fueled vehicles are not subject to this exemption.

Dual-fueled vehicles will be tested to meet the requirements of the

program while being fueled with gasoline. Exempted vehicles fall into a

select category defined as ``limited use'' and are not normally found

in common use on the highway. These include historic, parade, and

collector's vehicles, electric vehicles, vehicles over ten thousand

(10,000) pounds, vehicles with salvage certificates, and any vehicle

over twenty-five (25) years old. Temporary exemptions and extensions to

the exemptions are also available for a range of criteria. Motor

vehicles owned by military personnel stationed outside the State, out-

of-State students, owner's with a temporary medical condition, and

vehicles undergoing repair are eligible for temporary exemptions.

Owners of these vehicles are required to submit documentation to prove

status and are tracked in the State's data base to ensure the vehicle

eventually gets tested.

H. Test Equipment

The Federal regulation requires computerized test systems for

performing any measurement on subject vehicles. The Ohio EPA lists the

details of the technical specification of the test equipment in the

RFP, and make reference to the requirements of the Federal regulations

and the technical guidance document. Computerized test systems are

required for performing any measurements on subject vehicles. According

to the requirements in the RFP, these systems must conform to Federal

requirements. Each of the State's test lanes shall be equipped with a

dynamometer, constant volume sampler, non-dispersive infrared analyzers

to measure carbon monoxide, carbon dioxide, and hydrocarbons, and an

analyzer for measuring NOx, and non-invasive helium pressure and purge

test equipment. All of this equipment must pass an acceptance test

before it is approved by the State. The State's contract will require

the contractor(s) to update emission test equipment to accommodate new

technology vehicles and any changes to the program. All test systems

will be linked by a real-time data link in order to prevent

unauthorized multiple initial tests on the same vehicle in the same

test cycle. [[Page 16993]]

I. Quality Control

Quality control measures will ensure that emission measurement

equipment are calibrated and maintained properly, and that inspection,

calibration records, and control charts are accurately created,

recorded and maintained. The Ohio EPA prepared the RFP to require the

contractor to implement quality control procedures which comply with 40

CFR 51.359. The compliance document, the inspection certificate, that

Ohio EPA will issue to motorists that comply with inspection

requirements are only valid once a computer generated check redundancy

code (CRC) is printed on each document. The CRC is analyzed by the

Bureau of Motor Vehicles (BMV), and vehicle registration renewals can

only be generated by the BMV computer if the code is valid. The CRC is

only printed on a compliance document, which contains test results,

once a vehicle passes all parts of the emission inspection. The

security of compliance documents for the Ohio program focuses on the

CRC rather than the number of compliance documents issued to inspection

stations. However, inspection certificates shall be stored in a locked

container at the inspection station at all times when not in use, and

the contractor is held responsible for accountability of all

certificates. The RFP states that the contractor's quality control

procedures shall ensure that emission measurement equipment is properly

calibrated and maintained. Analyzers will automatically record quality

control check information, lockouts, attempted tampering, and any other

recordable circumstances that impact quality control.

J. Waivers and Compliance via Diagnostic Inspection

The I/M program allows the issuance of a waiver, which is a form of

compliance with the program requirements that allows a motorist to

comply without meeting the applicable test standards, as long as the

prescribed criteria are met. The State program plan contains elements

in this section which generally follow the waiver issuance criteria

listed in the Federal I/M regulation. In modeling the emission

reduction benefits, Ohio used MOBILE5a and assumed a maximum waiver

rate of 2 percent for 1980 and older model year vehicles and 3 percent

for 1981 and newer vehicles. In the event the actual waiver rate

exceeds the planned maximum used for estimating the emission reduction

benefit, the State has commited to remodel to assess the emission

reduction benefits based on the actual waiver rate.

Legislation gives the Director of the Ohio EPA the authority to

issue waivers, set and adjust cost limits, and administer the waiver

system. Following a test failure, the subsequent reinspection must show

a thirty (30) percent improvement in measured concentrations of each

pollutant that exceeded the standards in the first test and the minimum

waiver limit amount has been spent on emission related repairs. A

vehicle is eligible for a waiver when proof is provided that the

vehicle has received all repairs and adjustments for which it is

eligible under any emissions performance warranty. The costs associated

with repair of any tampering is not considered valid towards a waiver.

When proof is provided to the inspection station manager that

appropriate repairs have been performed on the vehicle, such vehicle

will be eligible for a waiver. The inspection station manager is

responsible for verifying repairs and reviewing repair receipts. The

station manager, assistant manager or an Ohio EPA auditor are

authorized to determine waiver eligibility. Waivers are valid for one

(1) year and are not renewable. The minimum expenditure made on

emission repairs is one-hundred ($100) dollars for 1980 and older

vehicles and two-hundred ($200) dollars for 1981 and newer. While the

Clean Air Act requires a minimum waiver repair expenditure for enhanced

I/M programs of $450, basic areas such as in Ohio which are opting up

to enhanced I/M do not have to meet this requirement.

The State allows exemptions to the inspection requirement and

extensions if a vehicle is undergoing extensive repair at the time of

its registration or registration renewal. The requirements for an

extension or exemption are sufficient to allow the State full

understanding of the need by the consumer for the extension or

exemption, and places a burden on the consumer to prove to the State

that such an extension or exemption is needed.

The Federal I/M rules also allow the use of compliance via

diagnostic inspection following repairs after a test failure. The State

of Ohio has chosen not to allow compliance via diagnostic repair.

K. Motorist Compliance Enforcement

The Federal regulations require the use of registration denial to

ensure compliance with the requirements of the I/M program. The Ohio

EPA, along with the Ohio Bureau of Motor Vehicles (BMV), will continue

to implement a registration denial enforcement program. Vehicle owners

who do not renew vehicle registrations, and continue to drive an

unregistered vehicle in the State, will be subject to enforcement

action by any law enforcement officer in the State. Local governments

are responsible for establishing policies for the mandatory fines of

all traffic violations including failing to comply with registration

requirements. Owners of all vehicles registered in the State are

required to affix a sticker to the lower right hand corner of the rear

license plate. This sticker identifies the month and year of the

registration renewal date. If an owner or driver fails to comply with

I/M or registration requirements, he or she will be unable to legally

drive that automobile and be subject to enforcement action. Vehicle

owners who move their residence into an Ohio I/M testing area will be

required to have an emission test prior to registering the vehicle in

the area. Motorists are permitted thirty (30) days to register the

vehicle after moving to a new address. Vehicle owners who fail to

complete the registration process after relocating may be ticketed by

law enforcement agencies for driving with a registration violation.

L. Motorist Compliance Enforcement Program Oversight

The Federal rule requires the State to audit the enforcement

program on a regular basis and the State shall follow effective program

management practices, including adjustments to improve operation when

necessary. A quality assurance program shall be implemented to insure

effective overall performance of the enforcement system. Ohio Senate

Bill 18 authorizes the Director of Ohio EPA to promulgate, adopt, amend

and rescind rules for motorist compliance with the I/M program. The

contractors are responsible for in-house accounting of documents and

compliance certificates. Documents in the Ohio I/M program are valid

only if a CRC is present. Missing or unaccounted certificates do not

pose a threat of fraudulent activity because each CRC is unique for

each certificate at the time the certificate is issued.

The I/M contractor is held responsible for certificate

accountability. In the event the contractor employees or inspectors

tamper with the records or documents, the state will take action to

have the employee terminated. Exemption records will be analyzed

together with the registration database to determine changes in

registration data. Where it is determined that an unusually high number

of vehicles are unexplainably not in the registration area or not being

tested, provisions will [[Page 16994]] be made to identify and take

action on the anomalous condition. The procedures may include methods

for performing covert and overt audits, preparation of enforcement

documents, I/M test equipment operation, public relation materials and

other applicable information. The Bureau of Motor Vehicles (BMV) will

issue material containing procedures for performing specific operations

associated with I/M inspection and registration requirements. The BMV

materials will be issued to the Deputy Registrars and will include

information explaining the evaluation process. Each Deputy Registrar is

evaluated biannually. In cases where enforcement personnel fail to

follow established procedures, action may be taken to discipline,

retrain, or remove the employee. In establishing an information base to

be used in evaluating and enforcing the I/M program, the State uses

actual vehicle population data obtained from the BMV and test results

from I/M contractors.

The I/M contractors will have access to the BMV database, but in a

``read only'' format to prevent accidental or intentional data

modifications.

Both the State and the contractors will be able to perform periodic

audits of the testing database. Reports from these audits will be used

to evaluate program effectiveness. Test data will be analyzed to

determine if facilities are operating according to procedures. Outlying

data will trigger investigations of the facilities. If necessary,

enforcement action will be taken against test facilities found

violating State or Federal regulations.

M. Quality Assurance

The USEPA rule requires an ongoing quality assurance program in

order to discover, correct and prevent fraud, waste, and abuse, and to

determine whether procedures being followed are adequate, whether

equipment is measuring accurately, and whether other problems may exist

which would impede program performance. The procedures shall be

periodically evaluated to assess their effectiveness in achieving

program goals. Scheduled State audits are to ensure that all facilities

are randomly audited on a regular basis. Directed audits will be

conducted to investigate specific situations. Any valid consumer

complaint will trigger a directed audit of a centralized facility. If a

problem appears to exist at a specific station, a directed audit will

be conducted. Covert audits will be conducted annually by State staff

and equal in number to the number of inspectors employed by the

contractors. Vehicles presented for audit testing will be in a range of

manufacturers, models and age to replicate the current fleet, and will

be leased on a six month basis to ensure that a variety of vehicles are

presented to the inspection process.

The covert audit will include a gas audit using gases of known

concentrations that are as accurate as those used for routine quality

control checks. The audit will include a check for tampering and

general serviceability of equipment, critical flow in the constant

volume sampler (CVS), CVS flow calibration, leak check and gas

tolerances. There will be a functional check of the dynamometer for

roll speed and distance, coast-down, inertia weight selection and power

absorption. The pressure and purge equipment will also be checked. The

OEPA auditors are expected to receive formal training in the use of

analyzers, basics of air pollution control, basic engine repair, State

administrative procedures, quality assurance practices, covert

procedures and program rules and regulations.

N. Enforcement Against Contractors, Stations and Inspectors

The Federal I/M regulation requires the establishment of minimum

penalties for violations of program rules and procedures which can be

imposed against stations, contractors and inspectors. Senate Bill 18 of

the Ohio Revised Code gives Ohio EPA authority to enter into a contract

to implement and maintain an inspection and maintenance program. This

contract allows the State to impose penalties when violations occur

that adversely affect the operation of the inspection network. A

penalty schedule, listing a variety of rules infractions, will be used

for violations discovered at an inspection facility as a result of

overt and covert audits conducted by Ohio EPA staff. Penalties range

from 100 dollars up to 10,000 dollars to termination of employment and

breech of contract. In cases of inspector incompetence, Ohio EPA will

require the contractor retrain the inspector according to the

requirements listed in the contract. Inspectors will be prevented from

conducting tests until retraining is complete.

Ohio EPA will maintain field offices and employ auditors in each of

the zones in which I/M is required to be implemented. The primary

function of the auditors will be to conduct audits of the contractor

facilities. These audits will determine the ability of the contractor

and inspectors to conduct a proper inspection and identify cases of

bribery or fraud. Funding for this enforcement program will come from a

rotary fund established under section 3704.14 of the Ohio Revised Code.

O. Data Collection

In order to manage, evaluate and enforce the program requirements

an effective I/M program requires accurate data collection. The Ohio I/

M program RFP requires the contractor to design the program to include

all of the elements of data collection listed in the Federal rule. The

contractor is also required to conduct quality control checks and

report data from those checks.

P. Data Analysis and Reporting

Data analysis and reporting are required in order to monitor and

evaluate the program by the State and the USEPA. The Federal rule

requires annual reports submitted to the USEPA following a performance

period by a specific time. The Ohio I/M program requires the contractor

to provide the information to the State in order to meet the submittal

requirements of the Federal rule. The statistics required are

consistent with those listed in the Federal rule and are expected to be

submitted on time.

Q. Inspector Training and Licensing or Certification

The Federal rule requires all inspectors receive formal training

and be licensed or certified to conduct inspections. Ohio Senate Bill

18 authorizes the Ohio EPA to develop rules which establish provisions

for inspector training and certification requirements. The Ohio EPA

requires the contractor to enter into an arrangement with local

vocational schools, technical schools or training organizations to

conduct inspector training. All trainees are required to pass a

comprehensive hands-on and written examination which requires

inspectors to demonstrate an understanding of Ohio's rules,

regulations, test procedures, equipment usage, quality control

procedures and safety and health issues as used in the enhanced test.

The Ohio EPA has committed to evaluating and monitoring the development

of the I/M inspector training program. Recertification is required on a

biennial basis and inspectors are required to attend training for

updated information and new program developments.

R. Public Information and Consumer Protection

The Ohio implementation plan must include a program for informing

the public on an ongoing basis for the life of the program about the

air quality, [[Page 16995]] requirements of State and Federal laws, the

role of motor vehicles in the air quality problem, and the benefits of

an I/M program. Information must be made available to the motorist,

whose vehicle fails the test, to provide knowledge of repair facilities

and the relative quality of repairs performed. The Ohio EPA assigned

some public awareness efforts to the contractor with State oversight.

These efforts include a toll-free hotline, sending reminder notices to

motorists in advance of testing deadlines, producing brochures and

participating in public speaking activities. The State will carry out

its responsibilities by publishing fact sheets, issuing press releases,

publishing a newsletter for the repair industry, and participating in

special events. The Ohio I/M consumer protection plan will include

components to protect the consumer from fraud and abuse. Both Ohio EPA

and the contractors will perform quality assurance to ensure integrity

of the inspection process. The State's approach in this regard will

focus on the use of undercover audits of the inspection and test

procedure. Consumers who believe their vehicles should not have failed

will be able to appeal the test results directly to the Ohio EPA by

scheduling an appeal inspection within 14 days of the initial test.

Citizens who report incidents of fraud, theft or other violations are

protected by the State which will grant confidentiality to encourage

such disclosure. The contractor will operate a toll-free hotline to

provide to motorists answers to questions about the program. The

contractor is required by the State to swiftly resolve complaints over

which the contractor has control or forward the complaint to the State

for disposition. The State will periodically audit the process to

ensure complaints are resolved. The State will also intervene on behalf

of a consumer in the event of a conflict with an automobile dealer for

warranty repairs for a vehicle which fails the I/M test.

S. Improving Repair Effectiveness

Inspection and maintenance program goals are achieved through

effective repairs of vehicles which have failed the initial test. The

State will provide the repair industry with information and assistance

on vehicle inspection diagnosis and repair. Ohio EPA will provide

technical assistance to repair facilities which are in the business of

repairing emission failures.

These facilities will receive publications which include I/M test

procedures, common problems with specific model year vehicles,

diagnostic tips, training and other I/M related issues. A technician's

hotline also will be available to respond to specific I/M repair

questions. The State will monitor the performance of individual motor

vehicle repair facilities, and provide to the public a summary of the

performance of repair facilities so the consumer has a choice of

locations to seek repairs. The repair statistics also will be available

to the repair facilities. The State plans to evaluate the availability

of repair technician training in the I/M areas. If sufficient training

is not available the State commits to work with public and private

automotive training institutions to develop a training program.

T. Compliance With Recall Notices

States are required to establish a method to ensure that vehicles

subject to enhanced I/M and that are included in either a voluntary

emissions recall as defined at 40 CFR 85.1902(d), or in a remedial plan

determination made pursuant to section 207(c) of the Act, receive the

required repairs. The Ohio EPA, at the time of submittal, did not have

a specific plan developed but included provisions in its RFP for the

contractor to follow to ensure subject vehicles receive all required

recall repairs. Emissions tests will not be conducted on a vehicle that

has an unresolved recall notice until all of the work is done. Vehicles

with unresolved recall work will be identified as noncomplying by the

contractor's system. An owner is required to provide proof that the

repairs have been performed before a test is allowed. The contractor

shall have the ability to resolve situations where the repairs have

been performed but the database has not yet been updated. The State OAC

rule 3745-26-12 requires documented proof that the repairs have been

performed. The cost of these repairs are not counted towards the amount

needed for a waiver. Unresolved recall reports from the contractor to

the State are required on an annual basis. The State requires the

contractor to provide detailed information in the annual report

sufficient for the State to inform the USEPA of the status of

operations of the program.

U. On-Road Testing

On-road testing is required in enhanced I/M areas and is an option

for basic I/M areas. The Ohio nonattainment areas at issue are all

moderate areas requiring basic I/M. Since the enhanced I/M program is

an option in the nonattainment areas of Ohio, on-road testing is not

required. Accordingly, the State did not plan for conducting on-road

testing.

V. State Implementation Plan Submission

The State submitted a committal SIP to USEPA on November 12, 1993.

The committal included: a schedule of events leading up to the

implementation of the I/M program, mobile modeling which shows that the

program meets the performance standard, a description of the geographic

area, a detailed discussion of the design elements, final copy of the

legal authority, regulations, and funding and resources. Additional

information was submitted through May 26, 1994. On July 22, 1994, the

USEPA notified the State that the submittal was complete. This

notification stopped the sanctions clock which was started on January

21, 1994, because at that time the State's submittal was not complete.

III. Comments and Approval Procedure

The USEPA is publishing this action without prior proposal because

USEPA views this action as a noncontroversial revision amendment and

anticipates no adverse comments. However, USEPA is publishing a

separate document in this Federal Register publication, which

constitutes a ``proposed approval'' of the requested SIP revision and

clarifies that the rulemaking will not be deemed final if timely

adverse or critical comments are filed. The ``direct final'' approval

shall be effective on June 5, 1995, unless USEPA receives adverse or

critical comments by May 4, 1995.

If USEPA receives comments adverse or critical of the approval

discussed above, USEPA will withdraw this approval before its effective

date by publishing a subsequent Federal Register notice which withdraws

this final action. All public comments received will then be addressed

in a subsequent rulemaking notice. The USEPA will institute another

comment period on this action only if warranted by significant

revisions to the rulemaking based on any comments received in response

to today's action.

Any parties interested in commenting on this action should do so at

this time. If no comments are received, USEPA hereby advises the public

that this action will be effective on June 5, 1995.

IV. The USEPA's Analysis of the Ohio I/M Program Submittal

A complete USEPA analysis of the program submittal is detailed in

the Agency's technical support document (TSD) which is available in the

docket. A copy of the TSD can be obtained by contacting the person

listed in the ADDRESSES portion of this notice. The TSD summarizes the

requirements of the Federal I/M regulations and address

[[Page 16996]] whether the elements of the State's submittal comply

with the Federal rule. Interested parties are encouraged to examine the

TSD for additional detailed information about the Ohio I/M program.

Final Action

The USEPA is approving the I/M SIP for the Cleveland-Akron-Lorain,

Cincinnati, and Dayton-Springfield areas and takes no action on the I/M

SIP for the Toledo area.

Precedential Effect

Nothing in this action should be construed as permitting, allowing,

or establishing a precedent for any future request for revision to any

SIP. The USEPA shall consider each request for revision to the SIP in

light of specific technical, economic, and environmental factors, and

in relation to relevant statutory and regulatory requirements.

Executive Order 12866

This action has been classified as a Table 2 action 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 Shapiro, Acting Assistant Administrator for Air

and Radiation. The OMB has exempted this regulatory action from E.O.

12866 review.

Regulatory Flexibility

Under the Regulatory Flexibility Act, 5 U.S.C. Section 600 et seq.,

USEPA should prepare a regulatory flexibility analysis assessing the

impact of any proposed or final rule on small entities. (5 U.S.C. 603

and 604.) Alternatively, USEPA may certify that the rule will not have

a significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000. This limited approval does not create any new requirements.

Therefore, I certify that this action does not have a significant

impact on any small entities affected. Moreover, due to the nature of

the Federal-State relationship under the CAA, preparation of the

regulatory flexibility analysis would constitute Federal inquiry into

the economic reasonableness of the State action. The CAA forbids USEPA

to base its final limited approval of Ohio's I/M on such grounds. Union

Electric Co. v. USEPA, 427 U.S. 246, 256-66 (1976).

List of Subjects in 40 CFR Part 52

Air pollution control, Incorporation by reference,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements, Volatile organic compounds.

Dated: March 10, 1995.

Valdas V. Adamkus,

Regional Administrator.

Title 40 of the Code of Federal Regulations, chapter I, part 52,

subpart KK 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.

2. Section 52.1870 is amended as follows by adding paragraph

(c)(101) to read as follows:

Sec. 52.1870 Identification of plan.

* * * * *

(c) * * *

(101) On November 12, 1993 the Ohio Environmental Protection Agency

submitted a vehicle inspection and maintenance program in accordance

with section 110 of the Clean Air Act as amended in 1990. The new

program replaces I/M programs in operation in the Cleveland and

Cincinnati areas and establishes new programs in Dayton and any area

designated moderate nonattainment or any area where local planning

authorities have requested the State to implement a program.

(i) Incorporation by reference.

(A) Ohio Administrative Code Amended Rules 3745-26-01, 3754-26-02,

3745-26-10, and rules 3745-26-12, 3745-26-13, and 3745-26-14, all made

effective on June 13, 1994.

(ii) Other material.

(A) Certification letter from the Director of the Ohio

Environmental Protection Agency regarding the State process in

developing the I/M rules and the I/M program.

(B) Letter dated June 22, 1994, from the Director of OEPA regarding

implementation of an I/M program in the Toledo area in the event the

State's request for redesignation to attainment for that area is not

approved by USEPA.

* * * * *

[FR Doc. 95-8221 Filed 4-3-95; 8:45 am]

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