IM Program RequirementOn-Board Diagnostic Checks; Amendment to the Final Rule

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 85

[AMS-FRL-5938-7]

RIN 2060-AH62

IM Program Requirement--On-Board Diagnostic Checks; Amendment to

the Final Rule

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to change a provision of the federal

vehicle inspection and maintenance (I/M) rules relating to the

implementation deadline by which states are required to begin On-Board

Diagnostic (OBD) checks as a routine part of basic and enhanced I/M

programs. The current rule requires Ozone Transport Region (OTR) areas

with low enhanced programs to implement OBD checks by January 1, 1999,

and all other areas to implement OBD checks by January 1, 1998. This

notice proposes to delay for a period of up to three years the required

implementation deadline for OBD in those areas. This proposed amendment

will set a new implementation date for OBD checks as January 1, 2001

for all areas with basic and enhanced I/M programs. During this time

extension the Agency will generate, collect and analyze the data

necessary to accord OBD checks the appropriate level of emission

reduction credits. Additionally, certain clarifying amendments are

being proposed to allow for updates to the Code of Federal Regulations

which are cross-referenced in the OBD rule.

DATES: Written comments on this proposal must be received no later than

January 6, 1998.

ADDRESSES: Materials relevant to this proposed rulemaking are contained

in the Public Docket No. A-94-21. The docket is located at the Air

Docket, Room M-1500 (6102), Waterside Mall SW., Washington, DC 20460.

The docket may be inspected between 8:30 a.m. and 12 noon and between

1:30 p.m. until 5:30 p.m. on weekdays. A reasonable fee may be charged

for copying docket material. The preamble, regulatory language and

regulatory support document are also available electronically from the

EPA internet Web site. This service is free of charge, except for any

cost one may already incur for internet connectivity. The official

Federal Register version is made available on the day of publication on

the primary Web site listed below. The EPA Office of Mobile Sources

also publishes these notices on the secondary Web site listed below.

http://www.epa.gov/EPA-AIR/ (either select desired date or use Search

feature)

http://www.epa.gov/OMSWWW/ (look in What's New or under the specific

rulemaking topic)

Please note that due to differences between the software used to

develop the document and the software into which the document may be

downloaded, minor changes in format, pagination, etc. may occur.

FOR FURTHER INFORMATION CONTACT: Leila Cook, Office of Mobile Sources,

National Vehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann

Arbor, Michigan, 48105. Telephone (313) 741-7820.

SUPPLEMENTARY INFORMATION:

Regulated Entities. Entities potentially regulated by the minor

amendment to the I/M rule are those which adopt, approve, or fund I/M

programs. Regulated categories and entities include:

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Examples of regulated

Category entities

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Local government.......................... Local air quality agencies.

State government.......................... State air quality agencies

responsible for I/M

programs.

Federal government........................ DOT.

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This table is not intended to be exhaustive, but rather provides a

guide for readers regarding entities likely to be regulated by this

action. This table lists the types of entities of which EPA is now

aware that could potentially be regulated by this proposed I/M

amendment. Other types of entities not listed in the table could also

be regulated. To determine whether your organization is regulated by

this action, you should carefully examine the applicability criteria of

40 CFR 51.350 of the I/M rule. If you have any questions regarding the

applicability of this action to a particular entity, consult the person

listed in the preceding For further information contact section.

Summary of Rule

Under the Clean Air Act as amended in 1990 (the Act), 42 U.S.C.

7401 et. seq., the U.S. Environmental Protection Agency (EPA) published

in the Federal Register on November 5, 1992 (40 CFR part 51, subpart S)

rules relating to motor vehicle inspection and maintenance (I/M)

programs (hereafter referred to as the I/M rule; see 57 FR

[[Page 66842]]

52950). Subsequent to that rule, the EPA published in the Federal

Register on August 6, 1996, (40 CFR parts 51 and 85) rules relating to

the implementation of On-board Diagnostic (OBD) checks as a routine

part of I/M programs (hereafter referred to as the I/M OBD rule; see 61

FR 40940).

The statutory requirement for OBD checks as an I/M program

requirement is found in sections 182(c)(3)(C)(vii) and 202(m)(3) of the

Act. Section 182(c)(3)(C)(vii) requires the inspection of emission

control diagnostic systems. In the I/M OBD rule, EPA interpreted the

statutory requirement to include OBD checks in addition to otherwise

required emission testing, and thus promulgated a rule which required

both tests as part of the regular I/M test procedure. Per the I/M OBD

rule, until January 1, 2000, both OBD and evaporative system tests,

where applicable, were to be required on each subject vehicle of model

year 1996 and newer. During this period vehicles which fail the OBD

check would not automatically fail the I/M test. Only after January 1,

2000, would failure of the OBD test require mandatory repair and

retest. The two-year period from when OBD checks were to be started,

until they could generate I/M failures, was to be a period during which

the Agency would evaluate the relative effectiveness of OBD.

The Agency believes that sufficient data must be generated on which

to base an appropriate level of emission reduction credits for OBD. It

would be premature at this time, therefore, to require the states to

perform OBD checks in addition to the regular exhaust and evaporative

testing and attendant costs. EPA now believes that the data needed must

be generated by a separate study that compares OBD's emission reduction

potential to the Federal Test Procedure, the same procedure used to

certify all new automobiles today. The Agency is currently conducting

such a study which began October 1, 1997. Two years are needed to

ensure ample time for fleet penetration of OBD-equipped vehicles, so

that enough vehicles can be recruited for the study. The third year

will be needed to allow sufficient time to analyze the data generated

by the study and to develop and assign appropriate credits.

Today, EPA is proposing to amend 40 CFR section 51.373 to delay to

January 1, 2001 the implementation deadline for OBD checks in OTR low

enhanced areas and in all other areas. While these dates were different

in the I/M OBD rule, i.e., January 1, 1999 and January 1, 1998,

respectively, today's rule delays both to the same deadline of January

1, 2001. This amounts to a two-year delay for those OTR low enhanced

areas and a three year delay for all other areas.

Additionally, EPA is proposing to reserve 40 CFR 85.2207 (a) and

(e) which address failure of the OBD test as a basis for failure of the

I/M test. EPA proposes to reserve these subsections pending resolution

of the appropriate level of emission reduction credits for OBD.

Additionally, certain clarifying amendments are being proposed to

allow for updates to the Code of Federal Regulations which are cross-

referenced in the OBD rule. Part 86 of the CFR, which includes the

technical specifications for OBD systems, is periodically updated to

include new requirements for these systems. The current rule requires

compliance with certain I/M program requirements pursuant to section

86.094-17. As this section has now been amended to include new

subsections which also apply to OBD systems, this action proposes to

amend the sections of the OBD rule where that subsection is referenced

to obviate the need for future amendments in this regard. Where section

86.094-17 was referenced before, this action proposes to amend such

language to refer simply to certain vehicles with ``certified OBD

systems''.

The requirement shall remain that states revise their I/M SIPs by

August 6, 1998, to implement OBD. This is due to the Act's requirement

in section 202(m)(3) that states revise their SIPs within two years

after promulgation of the regulations to provide for OBD inspections.

As the I/M OBD rule was promulgated on August 6, 1996, states must

adopt rules, by two years from that date, which require OBD checks.

Only the date for the start of testing is proposed for delay here.

Also unchanged, are the sections that allow for states to implement

OBD inspections before December 31, 1999, and to allow failure of OBD

to result in failure of the I/M test, thereby requiring repair. Both

efforts shall remain optional to the states. States which choose to add

OBD checks to their regular tailpipe and evaporative tests should be

able to do so without regulatory hindrance. Those states should benefit

from increased consumer acceptance of the technology and the resolution

of implementation problems commonly associated with the startup of a

new testing technology. However, states which choose to conduct OBD

checks, on vehicles so equipped, before the proposed new deadline,

cannot earn emission reduction credits for doing so unless they also

perform the exhaust and (where applicable) evaporative tests. Only

after the Agency has accorded OBD a defined level of emissions

reduction credit can states potentially drop the exhaust and

evaporative tests and still earn emission reduction credits for

performing OBD checks on those vehicles. Should EPA and states complete

testing and review of OBD systems sooner than expected, the Agency may

be able to make credits available to states who choose to implement OBD

I/M checks prior to the proposed deadline.

These proposed amendments are consistent with the relevant

requirements of the Clean Air Act. These changes will not result in any

change in health and environmental benefits. The only Act-required

deadline with regards to OBD testing is that described above, such that

states must revise their SIPs by the date certain and that requirement

has been retained in this amendment. The Act does not include a

specific deadline for implementation of OBD testing. EPA believes it is

reasonable to extend that deadline for the reasons stated above.

EPA here solicits comments on this proposal. Anyone wishing to

comment on the proposal should do so at this time. Because the current

deadline for implementation of OBD is January 1, 1998, and because time

is needed to accept and respond to comment, time is of the essence in

the promulgation of this rule. For the reasons stated above it will be

necessary to limit the comment period for this proposal to fifteen

days. A thirty day comment period would not allow the Agency to

promulgate a final rulemaking action until after the January 1, 1998

deadline. The agency will make every effort to ensure that this

proposed rule is distributed by every available mechanism so that

concerned stakeholders will have ample time to comment.

Administrative Requirements

Regulatory Flexibility Act

Pursuant to section 605(b) of the Regulatory Flexibility Act, 5

U.S.C. 605(b), I certify that this action will not have a significant

economic impact on a substantial number of small entities and,

therefore, is not subject to the requirement of a Regulatory Impact

Analysis. A small entity may include a small government entity or

jurisdiction. A small government jurisdiction is defined as governments

of cities, counties, towns, townships, villages, school districts, or

special districts, with a population of less than 50,000. This

certification is based on the fact that the I/M areas impacted by this

rulemaking

[[Page 66843]]

do not meet the definition of a small government jurisdiction, that is,

governments of cities, counties, towns, townships, villages, school

districts, or special districts, with a population of less than 50,000.

The I/M rule applies only to urbanized areas with populations in excess

of 100,000 or 200,000 depending upon location.

Unfunded Mandates Act

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 where the estimated costs to State, local, or tribal

governments, or to the private sector, will be $100 million or more.

Under Section 205, EPA must select the most cost-effective and least

burdensome alternative that achieves the objective 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 impacted by the rule. To the extent that the

requirements in this action would impose any mandate at all as defined

in Section 101 of the Unfunded Mandates Act upon the state, local, or

tribal governments, or the private sector, as explained above, this

rule is not estimated to impose costs in excess of $100 million.

Therefore, EPA has not prepared a statement with respect to budgetary

impacts.

Paperwork Reduction Act

This regulatory action does not contain any information collection

requirements requiring approval by the office of Management and Budget

(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Executive Order 12866

It has been determined that this proposed amendment to the I/M OBD

rule is not a significant regulatory action under the terms of

Executive Order 12866 and has been waived from Office of Management and

Budget (OMB) review.

List of Subjects

40 CFR Part 51

Environmental protection, Administrative practice and procedure,

Air pollution control, Carbon monoxide, Intergovernmental relations,

Lead, Motor vehicle pollution, Nitrogen oxide, Ozone, Particulate

matter, Reporting and recordkeeping requirements, Sulfer oxides,

Volatile organic compounds.

40 CFR Part 85

Confidential business information, Imports, Incorporation by

reference, Labeling, Motor vehicle pollution, Reporting and

recordkeeping requirements, Research, Warranties.

Dated: December 16, 1997.

Carol M. Browner,

Administrator.

For the reasons set out in the preamble, parts 51 and 85 of chapter

I of title 40 of the Code of Federal Regulations is proposed to be

amended as follows:

PART 51--[AMENDED]

1. The authority citation for Part 51 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

2. Section 51.351 is amended by revising paragraph (c) to read as

follows:

Sec. 51.351 Enhanced I/M performance standard.

* * * * *

(c) On-Board Diagnostics (OBD). The performance standard shall

include inspection of all 1996 and later light-duty vehicles and light-

duty trucks equipped with certified on-board diagnostic systems, and

repair of malfunctions or system deterioration identified by or

affecting OBD systems as specified in Sec. 51.357.

* * * * *

3. Section 51.352 is amended by revising paragraph (c) to read as

follows:

Sec. 51.352 Basic I/M performance standard.

* * * * *

(c) On-Board Diagnostics (OBD). The performance standard shall

include inspection of all 1996 and later light-duty vehicles and light-

duty trucks equipped with certified on-board diagnostic systems, and

repair of malfunctions or system deterioration identified by or

affecting OBD systems as specified in Sec. 51.357.

* * * * *

4. Section 51.373 is amended by revising paragraph (g) to read as

follows:

Sec. 51.373 Implementation deadlines.

* * * * *

(g) On-Board Diagnostic checks shall be implemented in all basic,

low enhanced and high enhanced areas as part of the I/M program by

January 1, 2001.

PART 85--[AMENDED]

5. The authority citation for Part 85 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

6. Section 85.2207 is amended by removing and reserving paragraphs

(a) and (e).

7. Section 85.2231 is amended by revising paragraph (b) to read as

follows:

Sec. 85.2231 On-board diagnostic test equipment requirements.

* * * * *

(b) The test system shall be capable of communicating with the

standard data link connector of vehicles with certified OBD systems.

* * * * *

[FR Doc. 97-33315 Filed 12-19-97; 8:45 am]

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