Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Enhanced Inspection and Maintenance Program

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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