Approval and Promulgation of Air Quality Implementation Plans; Illinois: Motor Vehicle Inspection and Maintenance

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL175-1a; FRL-6232-7]

Approval and Promulgation of Air Quality Implementation Plans;

Illinois: Motor Vehicle Inspection and Maintenance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving the remaining portions of a vehicle

inspection and maintenance (I/M) State Implementation Plan (SIP)

revision submitted by the State of Illinois on June 29, 1995, which

were conditionally approved by EPA on June 25, 1996. The final approval

of the conditionally approved portions of the plan is based on the

State's June 21, 1997, and December 9, 1998, submittals of additional

documentation addressing the requirements of EPA's conditional

approval. This revision provides for the adoption and implementation of

an enhanced I/M program in both the Chicago severe ozone nonattainment

area and the East St. Louis moderate ozone nonattainment area.

DATES: This rule is effective on April 23, 1999, unless EPA receives

adverse written comments by March 24, 1999. If adverse comment is

received, EPA will publish a timely withdrawal of the rule in the

Federal Register informing the public that the rule will not take

effect.

ADDRESSES: Written comment should be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air Programs Branch (AR-18J), U.S.

Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604. Copies of the State submittal are available

for inspection at the following address: U.S. Environmental Protection

Agency, Region 5, Air and Radiation Division, 77 West Jackson

Boulevard, Chicago, Illinois 60604. (It is recommended that you

telephone Francisco Acevedo at (312) 886-6061 before visiting the

Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Environmental

Protection Specialist at (312) 886-6061.

SUPPLEMENTARY INFORMATION:

I. Introduction

Motor vehicles are significant contributors 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

(NOx) and air toxics. This is because the number of vehicle

miles traveled has doubled in the last 20 years to 2 trillion miles per

year, offsetting much of the technological progress in vehicle emission

control over the same period. Projections

[[Page 8518]]

indicate that the steady growth in vehicle miles will continue.

Under the Clean Air Act (the Act), the EPA 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 document deals with

the third element of the strategy, vehicle 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 EPA. 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 EPA projects that sophisticated I/M programs such as the

one being approved in this rulemaking for Illinois 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 EPA 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 toward the emission reduction

requirement. An effective program will help to offset emissions

associated with growth in vehicle use and allow for industrial and/or

commercial growth.

The EPA 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:

(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 are

essential to assuring the testing is done properly; and,

(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 EPA 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 in most older I/M

programs.

On November 5, 1992 (57 FR 52950), EPA 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 addition of the

evaporative test increases the benefit even more and results in lower

testing costs. In addition, EPA published changes to the I/M rule in

the Federal Register on October 18, 1995, (60 FR 48029) in order to

provide greater flexibility to States required to implement I/M

programs.

II. Background

The State of Illinois currently contains two ozone nonattainment

areas which are required to implement I/M programs in accordance with

the Act. The Chicago severe-17 ozone nonattainment area contains the

Chicago, Aurora, Crystal Lake, Elgin, Joliet, and Round Lake Beach-

McHenry urbanized areas. The Federal I/M rule requires the Chicago

urbanized area to implement an enhanced I/M program. Since the I/M rule

does not require enhanced I/M programs in severe urbanized areas with a

Census population of less than 200,000, the remaining five cities in

the Chicago nonattainment area were required to implement only a basic

I/M program based on their 1990 Census-defined urbanized area

populations. The East St. Louis moderate ozone nonattainment area

(Metro-East) contains the Illinois portion of the St. Louis and Alton

urbanized areas. Both areas were required to implement a Basic I/M

program in the nonattainment area. On June 29, 1995, the Illinois

Environmental Protection Agency (IEPA) submitted to EPA a SIP revision

for the implementation of an enhanced I/M program to cover both the

Chicago and the East St. Louis nonattainment areas. This submittal

includes the Vehicle Emissions Inspection Law of 1995 (625 ILCS 5/13B)

(``Inspection Law''), which became effective January 18, 1994. That

statute provides authority for IEPA to implement an enhanced I/M

program and meet EPA's requirements for such a program. The Inspection

Law mandates enhanced I/M testing for the Metro-East and the Chicago

ozone nonattainment areas. The Illinois Pollution Control Board (Board)

is required by the Inspection Law to adopt the necessary vehicle

emissions standards, and IEPA is required to adopt equipment

requirements and all necessary procedures for the enhanced I/M testing

program. The standards were required to be adopted as amendments to 35

Illinois Administrative Code 240 (Part 240), and the procedures adopted

as amendments to 35 Illinois Administrative Code 276 (Part 276). The

Illinois submittal of June 21, 1997 included two separate amendments to

the Board I/M standards contained in Part 240 (Board docket numbers

R94-19 and R94-20) effective on December 14, 1994 and December 12,

1994, respectively (18 Ill. Reg. 18228 (December 30, 1994), and 18 Ill.

Reg. 18013 (December 23, 1994)). These amendments include emissions

standards based upon EPA's preferred IM240 loaded mode exhaust

emissions standard. For the Enhanced I/M Program, the IEPA adopted an

initial set of amendments to Agency procedures contained in Part 276

and they became effective on June 14, 1996 (20 Ill. Reg. 8456). On

April 22, 1996, IEPA submitted the State's Enhanced I/M Request-For-

Proposal as part of the Illinois SIP submittal.

[[Page 8519]]

In a proposed rule published in the Federal Register on May 10,

1996 (61 FR 21405), EPA proposed to approve portions of the Illinois

enhanced I/M submittal and to conditionally approve other portions. The

public comment period for the May 10, 1996, notice of proposed

rulemaking closed on June 10, 1996, and no comments were received. EPA

published a final rule approving portions of the Illinois enhanced I/M

submittal and conditionally approving other portions of the plan on

July 25, 1996.

On June 21, 1997, the IEPA submitted the final enhanced I/M

contract and supplemental information in support of the SIP as required

by EPA's July 25, 1996 conditional approval of the Illinois plan. On

December 9, 1998, the IEPA submitted recently adopted amendments to

Part 240 ((22 Ill. Reg. 13723), effective July 13, 1998, and 22 Ill.

Reg. 21120, effective July 13, 1998), and Part 276 ((22 Ill. Reg.

18867) effective September 28, 1998) as the final required elements in

support of the SIP revision. The adopted Board and IEPA agency

regulations and the legislation submitted by Illinois, change the

existing program from a basic I/M program to a fully enhanced I/M

program in both of Illinois' ozone nonattainment areas.

III. EPA's Analysis of Illinois' Enhanced I/M Program

As discussed above, section 182 of the Act requires that States

adopt and implement updated regulations for I/M programs in moderate

and above ozone nonattainment areas. The following sections of this

notice summarize the requirements of the Federal I/M regulations for

those areas that were conditionally approved by EPA on July 25, 1996

and address whether the elements of the State's submittal comply with

the Federal rule.

Network Type and Program Evaluation 40 CFR 51.353

Enhanced I/M programs shall be operated in a centralized test-only

format, unless the State can demonstrate that a decentralized program

is equally effective in achieving the enhanced I/M performance

standard. The enhanced program shall include an ongoing evaluation to

quantify the emission reduction benefits of the program and to

determine if the program is meeting the requirements of the Act and the

Federal I/M regulations. The SIP shall include details on the program

evaluation and a schedule for submittal of biennial evaluation reports,

data from a State monitored or administered mass emission test of at

least 0.1 percent of the vehicles subject to inspection each year,

description of the sampling methodology, the data collection and

analysis system and the legal authority enabling the evaluation

program.

The State legislative authority and the State I/M regulations

provide for a centralized, test-only network. Illinois' centralized,

test only network type is approvable. The submittal includes provisions

for on-going program evaluation to satisfy the requirements of 40 CFR

51.353. Specifically, the State's submittal includes a schedule for

program evaluations and methodologies by which this biennial program

evaluation will be carried out, as required by 40 CFR 51.353. In

addition, the State has committed to submit to EPA biennial program

evaluation reports meeting the requirements of 40 CFR 51.353 starting

at the end of the program's first biennial cycle in July 2001. EPA is

approving this section of the Illinois enhanced I/M SIP.

Vehicle Coverage 40 CFR 51.356

The performance standard 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. Other levels of coverage

may be approved if the necessary emission reductions are achieved.

Vehicles registered or required to be registered within the I/M program

area boundaries, and fleets primarily operated within the I/M program

area boundaries belonging to the covered model years and vehicle

classes comprise the subject vehicles. Fleets may be officially

inspected outside the normal I/M program test facilities, if such

alternatives are approved by IEPA, but shall be subject to the same

test requirements using the same quality control standards as non-fleet

vehicles and shall be inspected in independent, test-only facilities,

according to the requirements of 40 CFR 51.353(a).

The Federal I/M regulation requires that the SIP shall include the

legal authority or rule necessary to implement and enforce the vehicle

coverage requirement, a detailed description of the number and types of

vehicles to be covered by the program and a plan for how those vehicles

are to be identified, including vehicles that are routinely operated in

the area but may not be registered in the area, and a description of

any special exemptions, including the percentage and number of vehicles

to be impacted by the exemption.

The Illinois Vehicle Inspection Law of 1995 requires coverage of

all 1968 and newer vehicles registered or required to be registered in

the I/M program area, except those vehicles which run on diesel or

exclusively by electricity. The modeling demonstration submitted with

the SIP includes vehicle coverage of light-duty gasoline vehicles

(LDGV), light-duty gasoline trucks 1 (LDGT1), and light-duty gasoline

trucks 2 (LDGT2). The Illinois legislation provides the legal authority

to implement and enforce the vehicle coverage. This level of coverage

is approvable because it provides the necessary emission reductions.

The State's June 21, 1997, SIP submittal adequately addresses fleet

testing requirements. The State described the extent of the exemption's

impact, in accordance with 40 CFR 51.356 and therefore EPA is approving

this section of the State submittal.

Test Procedures and Standards 40 CFR 51.357

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 EPA 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 and revised June 1996 and March 1998. 625 ILCS 5/13B provides the

State the authority to establish test procedures according to the needs

of the program. The Illinois submittal includes I/M regulations adopted

by the Board ((R94-19, and R94-20, and R98-24) effective December 14,

1994, December 12, 1994, and July 13, 1998, respectively), which

include emissions standards based upon EPA's preferred IM240 loaded

mode exhaust emissions standard. In 1996, Illinois EPA adopted some

administrative rules to implement many aspects of the Enhanced I/M

program, and these became effective on June 14, 1996 (amendments to 35

Illinois Administrative Code 276 (20 Ill. Reg. 8456) (``Part 276'')).

IEPA adopted the remaining necessary amendments to these rules this

fall, and they have an effectiveness date of September 28, 1998 (22

Ill. Reg. 18867). Therefore, EPA is approving this section of the SIP

based on IEPA's submittal of December 9, 1998 of the adopted and

effective amendments to the Part 240 Board rules, and the Part 276 IEPA

rules.

[[Page 8520]]

Test Equipment 40 CFR 51.358

The Federal regulation requires computerized test systems for

performing any measurement on subject vehicles. The Federal I/M

regulations requires that the State SIP submittal include written

technical specifications for all test equipment used in the program.

The specifications shall describe the emission analysis process, the

necessary test equipment, the required features and written acceptance

testing criteria and procedures.

625 ILCS 5/13B provides the general authority for the State to

establish the designation of official test equipment and testing

procedures. The Illinois submittal also includes I/M regulations which

include emissions standards based upon EPA's preferred IM240 loaded

mode exhaust emissions standard. IEPA has addressed the requirements of

this section in Chapter 4 (Technical Requirements) and Chapter 5

(Administrative Requirements) of the Enhanced I/M RFP and the

contractor's Technical Proposal. EPA is approving this section of the

SIP based on the State's June 21, 1997, submittal of the final signed

contract addressing the requirements of 40 CFR 51.358.

Quality Control 40 CFR 51.359

Quality control measures shall 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 Illinois submittal contains general legal authority

in 625 ILCS 5/13B which requires IEPA to establish an enhanced program

containing procedures to assure the correct operation, maintenance and

calibration of test equipment, and also procedures for certifying test

results and for reporting and maintaining relevant data and records.

EPA is approving this section of the SIP based on the State's June 21,

1997, submittal of the final signed contract addressing the quality

control requirements of 40 CFR 51.359 in Chapter 4 (Technical

Requirements) and Chapter 5 (Administrative Requirements) of the

Enhanced I/M RFP and the contractor's Technical Proposal.

Motorist Compliance Enforcement Program Oversight 40 CFR 51.362

The Federal I/M regulation requires that the enforcement program

shall be audited regularly and shall follow effective program

management practices, including adjustments to improve operation when

necessary. The SIP shall include quality control and quality assurance

procedures to be used to insure the effective overall performance of

the enforcement system. An information management system shall be

established which will characterize, evaluate and enforce the program.

The legal authority for the implementation of an I/M program is found

in 625 ILCS 5/13B. This statute provides the authority necessary to

develop and implement the enforcement program oversight element of the

I/M program. The Office of the Secretary of State (SOS) will continue

to enforce the Vehicle Emission Inspection Law of 1995, which requires

SOS to ``suspend either the driving privileges or the vehicle

registration or both, of any vehicle owner who has not complied with

this chapter'' (625 ILCS 5/13B-55). EPA is approving this portion of

the State's plan based on the State's June 21, 1997, submittal of the

final signed I/M contract addressing the requirements of 40 CFR 51.362.

Quality Assurance 40 CFR 51.363

An ongoing quality assurance program shall be implemented to

discover, correct and prevent fraud, waste, and abuse in the program.

The program shall include covert and overt performance audits of the

inspectors, audits of station and inspector records, equipment audits,

and formal training of all state I/M enforcement officials and

auditors. The Illinois submittal contains a general provision under 625

ILCS 5/13B which requires that the State I/M program provide for

procedures to assure the correct operation, maintenance, and

calibration of test equipment. Illinois will continue to implement its

ongoing quality assurance program to discover, correct and prevent

fraud, waste and abuse in the enhanced I/M program. The program will

include both covert and overt performance audits of the inspectors,

audits of the stations and inspection records, equipment audits, and

formal training of all state I/M enforcement officials and auditors.

Chapter 4 (Technical Requirements) and Chapter 5 (Administrative

Requirements) of the Enhanced I/M RFP and the contractor's Technical

Proposal contain numerous provisions which will enable IEPA to continue

this program. EPA is approving this portion of the State's plan based

on IEPA's June 21, 1997, submittal of the final signed I/M contract

addressing the requirements of this section.

Enforcement Against Contractors, Stations and Inspectors 40 CFR 51.364

Enforcement against licensed stations or contractors and inspectors

shall include swift, sure, consistent penalties for violation of

program requirements. 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. The legal authority for establishing and imposing

penalties, civil fines, license suspensions and revocations should be

included in the SIP. State quality assurance officials shall have the

authority to temporarily suspend station and/or inspector licenses

immediately upon finding a violation that directly affects emission

reduction benefits. The Illinois submittal includes the legal authority

to establish and impose penalties against station, contractors, and

inspectors. In addition, Chapter 6 (Implementation) of the enhanced I/M

RFP and the contractor's Technical Proposal contain detailed provisions

addressing the requirements of this section, including specific

monetary penalties established for violation of program rules and

procedures. EPA is approving this section of the SIP based on the

State's June 21, 1997, submittal of the final signed I/M contract

addressing such requirements.

Data Collection 40 CFR 51.365

In order to manage, evaluate, and enforce the program requirements,

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

I/M regulation requires data to be gathered on each individual test

conducted and on the results of the quality control checks of test

equipment required under 40 CFR 51.359. The Illinois submittal contains

a general provision under 625 ILCS 5/13B which requires that the State

I/M program provide for procedures for certifying test results and for

reporting and maintaining relevant data and records. In addition,

Chapter 4 (Technical Requirements) of the Enhanced I/M RFP and the

contractor's Technical Proposal requires that the contractor submit to

IEPA, on a monthly basis, a file containing detailed data for each

vehicle test transaction conducted. The data collection requirements

specified in the final contract meet those specified in 40 CFR 51.365.

EPA is approving this section of the SIP based on the State's June 21,

1997, submittal of the final signed I/M contract addressing the

requirements of this section.

Data Analysis and Reporting 40 CFR 51.366

Data analysis and reporting are required in order to monitor and

evaluate the program by the State and

[[Page 8521]]

EPA. The Federal I/M rule requires annual reports to be submitted to

EPA that provide information and statistics and summarize activities

performed for each of the following programs: testing, quality

assurance, quality control and enforcement. These reports are to be

submitted by July of each year and shall provide statistics for the

period of January to December of the previous year. A biennial report

shall be submitted to EPA that addresses changes in the program design,

regulations, legal authority, program procedures, any weaknesses in the

program found during the previous two year period and how these

problems will be or were corrected. Chapter 4 (Technical Requirements)

of the Enhanced I/M RFP and the contractor's Technical Proposal

contains the necessary provisions addressing the requirements of this

section.

EPA is approving this section of the SIP based on the State's June

21, 1997, submittal of the final signed contract addressing the data

analysis and reporting requirements of 40 CFR 51.366.

Inspector Training and Licensing or Certification 40 CFR 51.367

The Federal I/M regulation requires all inspectors to be formally

trained and licensed or certified to conduct inspections. 625 ILCS 5/

13B requires all inspectors to be certified by IEPA after successfully

completing a course of training and successfully passing a written

test. Chapter 4 (Technical Requirements) of the Enhanced I/M RFP and

the contractor's Technical Proposal requires the contractor to develop

a detailed Management Plan for the implementation and operation of the

contracted elements of the Illinois enhanced I/M program. The

Management Plan must include as part of its elements, a description of

the Personnel Training and Certification Program as described in the I/

M contract. The final contract requires the Contractor to establish and

operate an on-going program to train and certify contractor and IEPA

personnel. EPA is approving this section of the SIP based on the

State's June 21, 1997, submittal of the final signed I/M contract

addressing such requirements.

Public Information and Consumer Protection 40 CFR 51.368

The Federal I/M regulation requires the SIP to include a public

information and consumer protection program. The submittal needs to

include a public information program, which educates the public on I/M,

State, and Federal regulations, air quality, the contribution of motor

vehicles to the air pollution problem, and other items as described in

the Federal rule. A consumer protection program, which includes

provisions for a challenge mechanism, protection of whistle blowers and

assistance to motorists in obtaining warranty covered repair, also

needs to be addressed. IEPA has prepared a comprehensive public

information program meeting the requirements of this section. The

Enhanced I/M contractor will be responsible for developing and

implementing the majority of the public information program according

to the Enhanced I/M contract. Chapter 5 of the Enhanced I/M Contract

requires the contractor to assist IEPA to inform motorists of the need

for emission testing and the benefits derived from regular maintenance

of their vehicles, and cooperate in distributing public information

brochures and/or leaflets to motorists in the inspection lanes. EPA is

approving this section of the Illinois plan.

Improving Repair Effectiveness 40 CFR 51.369

Effective repairs are the key to achieving program goals. The

Federal regulation requires States to take steps to ensure that the

capability exists in the repair industry to repair vehicles. The SIP

should include a description of the technical assistance program to be

implemented, a description of the procedures and criteria to be used in

meeting the performance monitoring requirements required in the Federal

regulation, and a description of the repair technician training

resources available in the community. The Enhanced I/M Contract

contains provisions for the contractor to develop a ``Repair Industry

Plan'' that will be developed and coordinated with IEPA to assist the

industry, especially during the beginning of the operating phase of the

Enhanced I/M program. The contractor will provide direct mailings

providing information on available training and certification. The

contractor will also prepare and distribute to the industry, on a

quarterly basis, a newsletter focusing on emissions-related repair

procedures, unusual or anomalous vehicles, and other information

related to diffusing beneficial repair information. The contractor has

also made arrangements for the repair industry to receive key repair

information from a third-party contractor for a fee. This telephone

service hotline will provide a variety of repair information and will

be linked to the Contractor's computer system to allow real-time access

to test record information. EPA is approving this section of the

Illinois plan.

Compliance With Recall Notices 40 CFR 51.370

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 prior to completing the emission test or renewing the

vehicle registration. 625 ILCS 5/13B provides the legal authority to

require owners to comply with emission related recalls before

completing the emission test. The Illinois RFP requires that the

contractor provide and maintain as part of the data handling system a

means to identify vehicles with unresolved emissions recalls based upon

the data provided by EPA. At a minimum, the Contractor and IEPA will

have the capability to store, retrieve, and update recall data that

consists of the vehicle identification number, the number of the recall

campaign, and the date that the repairs were performed. The system is

to be capable of interactively updating vehicle and/or recall database

records based upon information supplied by vehicle owners indicating

that required repairs have been made. The system will also be capable

of updating appropriate records based upon updated data provided by

EPA. EPA is approving this section of the Illinois plan.

On-Road Testing 40 CFR 51.371

On-road testing is required in enhanced I/M areas. The use of

either remote sensing devices (RSD) or roadside pullovers including

tailpipe emission testing can be used to meet the Federal regulations.

The program must include on-road testing of 0.5 percent of the subject

fleet or 20,000 vehicles, whichever is less, in the nonattainment area

or the I/M program area. Motorists that have passed an emission test

and are found to be high emitters as a result of an on-road test shall

be required to pass an out-of-cycle test. 625 ILCS 5/13B requires on-

road testing through the use of remote sensing devices. The SIP

submittal requires the use of RSD to test at least 0.5 percent of the

subject fleet per year in the I/M program area. Chapter 4 (Technical

Requirements) of the Enhanced I/M RFP and the contractor's Technical

Proposal requires that the Contractor develop and maintain written on-

road inspection procedures to be approved by IEPA. In addition, the

Contractor is to provide and maintain as part of the system on-

[[Page 8522]]

road testing information containing vehicle and test results obtained

from the on-road testing program. The Contractor will be responsible

for evaluating all on-road emission data, including linking emissions

data with vehicle database records. EPA is approving this section of

the Illinois plan.

IV. Final Rulemaking Action

EPA is approving the sections addressed above as a revision to the

Illinois SIP for an enhanced I/M program. The sections discussed in

this notice were conditionally approved on July 25, 1996, and EPA is

approving them based on the State's June 21, 1997, and December 9,

1998, submittal of the final signed I/M contract and additional

documentation addressing the requirements of EPA's conditional

approval.

The EPA is publishing this rule without prior proposal because EPA

views this as a noncontroversial revision and anticipates no adverse

comments. However, in a separate document in this Federal Register

publication, the EPA is proposing to approve the State Plan should

adverse written comments be filed. This rule will be effective without

further notice unless the Agency receives relevant adverse written

comment by March 24, 1999. Should the Agency receive such comments, it

will publish a final rule informing the public that this action will

not take effect. Any parties interested in commenting on this action

should do so at this time. If no such comments are received, the public

is advised that this action will be effective on April 23, 1999.

V. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order (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 the mandate is unfunded, EPA must provide to the Office

of Management and Budget 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

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have 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 rule is not subject to E.O. 13045 because it does

not involve decisions intended to mitigate environmental health or

safety risks.

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 the mandate is unfunded,

EPA must provide to the OMB, 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, E.O. 13084 requires EPA to

develop an effective process permitting elected officials and other

representatives of 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. 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 (CAA) 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 CAA, preparation of a flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. V. EPA., 427 U.S. 246, 256-66 (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

[[Page 8523]]

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. A major rule cannot

take effect until 60 days after it is published 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 CAA, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by April 23, 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 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,

Incorporation by reference, Nitrogen oxide, Ozone, Volatile organic

compounds.

Dated: January 28, 1999.

David A. Ullrich,

Acting Regional Administrator, Region V.

For the reasons stated in the preamble, part 52, chapter I, title

40 of the Code of Federal Regulations 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 O--Illinois

2. Section 52.720 is amended by adding paragraph (c)(147) to read

as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(147) On June 21, 1997, and December 9, 1998, the State of Illinois

submitted regulations adopted by the Illinois Pollution Control Board

and the Illinois Environmental Protection Agency and legislation

adopted by the General Assembly and signed by the Governor related to

Illinois' vehicle inspection and maintenance (I/M) program. The purpose

of these submittals was to change the existing program from a basic I/M

program to a fully enhanced I/M program. These changes modify the

program in both the Chicago and Saint Louis (Illinois Portion) Ozone

nonattainment areas.

(i) Incorporation by reference.

(A) Illinois Administrative Code, Title 35: Environmental

Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control

Board, Subchapter k: Emission Standards and Limitations for Mobile

sources, Part 240 Mobile Sources, Except for Section 240. Table C.

Adopted at 22 Ill. Reg. 13723, effective July 13, 1998.

(B) Illinois Administrative Code, Title 35: Environmental

Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control

Board, Subchapter k: Emission Standards and Limitations for Mobile

sources, Part 240 Mobile Sources, Section 240. Table C. Corrected at 22

Ill. Reg. 21120, effective July 13, 1998.

(C) Illinois Administrative Code, Title 35: Environmental

Protection, Subtitle B: Air Pollution, Chapter II: Environmental

Protection Agency, Part 276 Procedures to be Followed in the

Performance of Inspections of Motor Vehicle Emissions. Amended at 22

Ill. Reg. 18867, effective September 28, 1998.

(ii) Other materials.

(A) Transmittal letters dated June 21, 1997, and December 9, 1998.

(B) Public Act 90-475, effective August 17, 1997. This Act amends

the Illinois Environmental Protection Act by changing Sections 3.32,

3.78, 21, and 22.15 and adding Sections 3.78a and 22.38.

Sec. 52.726 [Revised]

3. Section 52.726 is revised by removing and reserving paragraph

(m).

[FR Doc. 99-3520 Filed 2-19-99; 8:45 am]

BILLING CODE 6560-50-P