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Approval and Promulgation of Implementation Plans; Arizona; Motor Vehicle Inspection and Maintenance Programs
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 22, 2003 (Volume 68, Number 14)]
[Rules and Regulations]
[Page 2912-2914]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja03-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[AZ 106-0064; FRL-7418-8]
Approval and Promulgation of Implementation Plans; Arizona; Motor
Vehicle Inspection and Maintenance Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving two State Implementation Plan (SIP) revisions
submitted by the Arizona Department of Environmental Quality (ADEQ).
These revisions consist of several changes that have been made to
Arizona's Basic and Enhanced Vehicle Emissions Inspection and
Maintenance Programs after the programs were approved by EPA in 1995.
Arizona's Basic Vehicle Emissions Inspection (VEI) Program is
implemented in the Tucson Air Planning Area carbon monoxide (CO)
nonattainment area (Area B). The Enhanced VEI Program is implemented in
the Maricopa County ozone and CO nonattainment area (the Phoenix area
or Area A).
EFFECTIVE DATE: February 21, 2003.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
EPA's Region 9 office at 75 Hawthorne Street, San Francisco, California
94105.
This document and the Technical Support Document (TSD) for this
rulemaking are also available as electronic files on EPA's Region 9 Web
page at http://www.epa.gov/region09/air.
FOR FURTHER INFORMATION CONTACT: Sylvia Dugr[eacute], Office of Air
Planning (AIR-2), U.S. Environmental Protection Agency, Region 9, 75
Hawthorne Street, San Francisco, CA 94105. Phone: (415) 947-4149; e-
mail: dugre.sylvia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 12, 2002 (67 FR 52433), EPA published a notice of
proposed rulemaking for the State of Arizona. The notice proposed
approval of revisions to the SIP for Arizona's Basic and Enhanced VEI
programs.
ADEQ submitted the changes to its Basic and Enhanced VEI Programs
as a revision to its SIP on July 6, 2001. The July 6, 2001 SIP revision
package includes, among various other program changes, ADEQ's revised
rule which extends the exemption for newer model year vehicles from the
current model year to the first five model year vehicles and the
revised rules incorporating legislative changes to the provisions for
issuing a waiver. Also included in the SIP revision is State
legislation that discontinues the remote sensing program that had been
implemented in Area A and authorizes a study to determine the most
effective on-road testing program for Arizona.
A SIP revision supplementing the July 6, 2001 SIP revision was
submitted by ADEQ on April 10, 2002. This submittal contains the ADEQ
rule revisions incorporating on-board diagnostics (OBD) testing and, in
accordance with the State legislation, deleting the previously approved
remote sensing program from the ADEQ regulations. It also contains a
modeling demonstration, with adjustments for the IM147
[[Page 2913]]
transient loaded-mode emissions test, showing the I/M program
implemented in Area A meets EPA's high enhanced performance standard.
A more complete description of Arizona's submittals and the
rationale for EPA's approval were presented in the proposal and will
not be restated here.
II. Public Comments on the Proposed Action
No comments were submitted to the docket during the comment period
for the proposed rulemaking published in the August 12, 2002 Federal
Register.
III. Final Action
Clean Air Act (CAA) sections 182(c)(3) and 187(a)(6) require
serious ozone and carbon monoxide areas, such as the Phoenix area, to
implement enhanced I/M programs. EPA's requirements for these I/M
programs are contained in 40 CFR part 51, subpart S. In order for EPA
to approve the SIP revisions submitted by ADEQ, they must be consistent
with EPA's I/M requirements and they must meet CAA section 110(a)
requirements for enforceability as well as CAA section 110(1)
requirements regarding plan revisions.
In today's action, EPA is finding that the Arizona enhanced I/M
program implemented in Area A (Phoenix) meets CAA and EPA requirements
for a high enhanced program. We are also finding that the VEI program
implemented in Area B (Tucson) continues to meet EPA's I/M requirements
for basic programs.\1\ The basis for these findings are discussed in
the proposal for today's action. See 67 FR 52433.
In addition, under CAA section 110(1), EPA is finding that these
SIP revisions submitted by ADEQ do not interfere with the applicable
requirements concerning CO maintenance in the Tucson area or any other
requirements of the CAA applicable to Tucson. We are also finding that
these SIP revisions will not interfere with any applicable requirements
for CO and ozone attainment and reasonable further progress (RFP) or
any other requirements of the CAA applicable to the Phoenix area. The
basis for these findings are discussed in the proposal for today's
action. See 67 FR 52433.
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\1\ As an unclassified CO nonattainment area that has been
redesignated to attainment, the Tucson area does not have a
statutory requirement to implement a basic I/M program. The area,
however, has relied on the program to both attain and maintain the
CO standard.
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Finally, EPA is approving various Arizona statutes amending the VEI
programs and the latest revisions to the basic and enhanced VEI program
regulations. Specifically, we are approving the following Arizona
statutes:
Amendments to Arizona Revised Statutes (ARS) 49-541, 49-542.05, 49-
544, 49-545, 49-551 and the repeal of 49-542.01 submitted to EPA as a
SIP revision on July 6, 2001.
Amendments to ARS 49-542, 49-543, and the repeal of 49-541.01
submitted to EPA as a SIP revision on April 10, 2002.
We are also approving the following Arizona regulations:
Arizona Administrative Code (AAC), Title 18, Chapter 2, Article 10
(except for AAC R 18-2-1020) ``Motor Vehicles; Inspection and
Maintenance'' as of December 31, 2000, submitted to EPA as a SIP
revision on July 6, 2001.
Amendments to AAC R 18-2-1006 and 18-2-1019, and the repeal of AAC
R 18-2-1014 and R 18-2-1015 submitted to EPA as a SIP revision on April
10, 2002.
IV. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045,
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 March 24, 2003. Filing a
petition for reconsideration by the Administrator of this final rule
does
[[Page 2914]]
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, Intergovernmental regulations, Ozone,
Reporting and recordkeeping requirements.
Dated: October 31, 2002.
Alexis Strauss,
Acting Regional Administrator, Region 9.
Part 52 of chapter I, title 40, 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 D--Arizona
2. Section 52.120 is amended by adding paragraphs (c)(108) and
(c)(109) to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(108) Revisions to the Arizona State Implementation Plan for the
Motor Vehicle Inspection and Maintenance Programs, submitted on July 6,
2001.
(i) Incorporation by reference.
(A) Arizona Revised Statutes.
(1) Section 49-551 as amended in Section 27 of Arizona Senate Bill
1427, 43rd Legislature, 2nd Regular Session (1998), approved by the
Governor on May 29, 1998.
(2) Section 49-544 as amended in Section 15 of Arizona Senate Bill
1007, 43rd Legislature, 4th Special Session (1998), approved by the
Governor on May 20, 1998.
(3) Section 49-541 as amended in Section 44 of Arizona House Bill
2189, 44th Legislature, 1st Regular Session (1999), approved by the
Governor on May 18, 1999.
(4) Section 49-542.01 repealed in Section 3 and Section 49-545 as
amended in Section 5 of Arizona House Bill 2104, 44th Legislature, 2nd
Regular session (2000), approved by the Governor on April 28, 2000.
(5) Section 49-542.05 as added in Section 23 of Arizona Senate Bill
1004, 44th Legislature, 7th Special Session (2000), approved by the
Governor on December 14, 2000.
(B) Arizona Administrative Code.
(1) Title 18, Chapter 2, Article 10 (except for AAC R 18-2-1020)
``Motor Vehicles; Inspection and Maintenance'' as adopted on December
31, 2000.
(109) Revisions to the Arizona State Implementation Plan for the
Motor Vehicle Inspection and Maintenance Programs, submitted on April
10, 2002 by the Governor's designee.
(i) Incorporation by reference.
(A) Arizona Revised Statutes.
(1) Section 49-542 as amended in Section 9, Section 49-543 as
amended in Section 11, and Section 49-541.01 repealed in Section 29 of
Arizona House Bill 2538, 45th Legislature, 1st Regular Session (2001),
approved by the Governor on May 7, 2001.
(B) Arizona Administrative Code.
(1) Amendments to AAC R 18-2-1006 and 18-2-1019, and the repeal of
AAC R 18-2-1014 and R 18-2-1015 effective January 1, 2002.
3. Section 52.123 is amended by adding paragraph (k) to read as
follows:
Sec. 52.123 Approval status.
* * * * *
(k) The Administrator approves the revised Enhanced Vehicle
Inspection and Maintenance Program for the Maricopa County carbon
monoxide and ozone nonattainment area submitted by the Arizona
Department of Environmental Quality on July 6, 2001 and April 10, 2002
as meeting the requirements of Clean Air Act sections 182(c)(3) and
187(a)(6) and the requirements for high enhanced inspection and
maintenance programs contained in 40 CFR part 51, subpart S.
[FR Doc. 03-1234 Filed 1-21-03; 8:45 am]
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