Approval and Promulgation of Implementation Plans; New York; Motor Vehicle Enhanced Inspection and Maintenance Program, 7826-7829 [E7-2801]
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Federal Register / Vol. 72, No. 34 / Wednesday, February 21, 2007 / Rules and Regulations
15. Reynolds, M.G., et al., ‘‘Clinical
Manifestations of Human Monkeypox
Influenced by Route of Infection,’’
Journal of Infectious Diseases, 2006;
773–780.
16. Sejvar, J.J., et al., ‘‘Human
Monkeypox Infection: A Family Cluster
in the Midwestern United States,’’
Journal of Infectious Diseases, 2004;
190:1833–1840.
17. Xiao, S., et al., ‘‘Experimental
Infection of Prairie Dogs with
Monkeypox Virus,’’ Emerging Infectious
Diseases, 2005; 11:539–545.
II. Comments
Through this document, FDA is
announcing the addition of the previous
materials to the administrative docket
and inviting comment limited to these
publications. FDA believes that a 30–
day comment period is sufficient in this
case, as the agency is specifically
limiting its reopening of the comment
period to comments on how the agency
should consider the information being
added to the administrative docket in
relation to FDA’s interim final rule.
Comments are invited, and will be
considered, only to the extent they are
focused on the specific information
being added to the record of FDA’s
interim final rule.
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) written or electronic
comments regarding the documents
listed above. Submit a single copy of
electronic comments or two copies of
any mailed comments, except that
individuals may submit one paper copy.
Comments should be identified with the
docket number found in brackets in the
heading of this document. Received
comments are available for public
examination in the Division of Dockets
Management between 9 a.m. and 4 p.m.,
Monday through Friday.
Dated: February 9, 2007.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E7–2857 Filed 2–20–07; 8:45 am]
BILLING CODE 4160–01–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[Docket No. EPA–R02–OAR–2006–0685,
FRL–8275–5]
Approval and Promulgation of
Implementation Plans; New York;
Motor Vehicle Enhanced Inspection
and Maintenance Program
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Final rule.
SUMMARY: The EPA is approving a
revision to the State Implementation
Plan (SIP) for New York’s motor vehicle
enhanced inspection and maintenance
(I/M) program which includes the
adoption of a statewide On-Board
Diagnostic (OBD) program. New York
has made revisions to Title 6 of the New
York Codes, Rules and Regulations
(NYCRR), Part 217, ‘‘Motor Vehicle
Enhanced Inspection and Maintenance
Program Requirements,’’ and Title 15
NYCRR Part 79, ‘‘Motor Vehicle
Inspection Regulations,’’ to comply with
EPA regulations and to improve
performance of its I/M program. The
intended effect of this action is to
maintain consistency between the Stateadopted rules and the federally
approved SIP and to approve a control
strategy that will result in emission
reductions that will help achieve
attainment of the national ambient air
quality standard for ozone.
DATES: Effective Date: This rule will be
effective March 23, 2007.
ADDRESSES: EPA has established a
docket for this action under the Federal
Docket Management System (FDMS)
which replaces the Regional Materials
in EDOCKET (RME) docket system. The
new FDMS is located at
www.regulations.gov and the docket ID
for this action is EPA–R02–OAR–2006–
0685. All documents in the docket are
listed in the FDMS index. Publicly
available docket materials are available
either electronically in FDMS or in hard
copy at the Environmental Protection
Agency, Region 2 Office, Air Programs
Branch, 290 Broadway, 25th Floor, New
York, New York 10007–1866. Copies of
the documents relevant to this action
are also available for public inspection
during normal business hours, by
appointment at the Air and Radiation
Docket and Information Center,
Environmental Protection Agency,
Room 3334, 1301 Constitution Avenue,
NW., Washington, DC; and the New
York State Department of
Environmental Conservation, Division
of Air Resources, 625 Broadway,
Albany, New York 12233.
FOR FURTHER INFORMATION CONTACT: Kirk
J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–3381.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. What Are the Clean Air Act
Requirements for I/M Programs?
B. What Did New York Include in This
Latest Submittal?
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C. What Action Is EPA Taking Today?
II. What Comments Did EPA Receive in
Response to Its Proposal?
III. Summary of Conclusions
IV. Statutory and Executive Order Reviews
I. Background
A. What Are the Clean Air Act
Requirements for I/M Programs?
The Clean Air Act (CAA) requires
certain states to implement an enhanced
inspection and maintenance (I/M)
program to detect gasoline-fueled motor
vehicles which exhibit excessive
emissions of certain air pollutants. The
enhanced I/M program is intended to
help states meet federal health-based
national ambient air quality standards
(NAAQS) for ozone and carbon
monoxide by requiring vehicles with
excess emissions to have their emissions
control systems repaired. Section 182 of
the CAA requires I/M programs in those
areas of the nation that are most
impacted by carbon monoxide and
ozone pollution. Section 184 of the CAA
also created an ‘‘Ozone Transport
Region’’ (OTR) which geographically
includes the 11 states from Maryland to
Maine (including all of New York State)
and the District of Columbia
Consolidated Metropolitan Statistical
Area. Depending on the severity of the
nonattainment designation(s) and/or
geographic location within the OTR,
EPA’s regulation under 40 CFR 51.350
outlines the appropriate motor vehicle I/
M requirements.
As a result of the 1-hr ozone
nonattainment designations, New York
State’s 62 counties were divided into
two separate I/M areas. The
‘‘downstate’’ 9-county New York
Metropolitan Area (NYMA), which
includes New York City (Bronx, Kings,
New York, Richmond, and Queens
Counties), Long Island (Nassau and
Suffolk Counties), and Westchester and
Rockland Counties, has been classified
as a high enhanced I/M area. On January
1, 1998, New York began implementing
a high enhanced I/M program (New
York refers to this program as its
NYTEST program) in the NYMA. By
May 1999, this enhanced I/M program
was fully functional for the entire
NYMA.
The remaining 53 ‘‘Upstate’’ counties
of New York State were classified as a
low enhanced I/M area. Since 1998, the
Upstate I/M area featured annual antitampering visual inspections including
a gas cap presence check.
Since all of New York State is
included within the OTR, additional I/
M requirements are mandated in the
more populated counties of Upstate
New York pursuant to 40 CFR 51.350(a).
Section 51.350(a)(1) provides that,
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‘‘States or areas within an ozone
transport region shall implement
enhanced I/M programs in any
metropolitan statistical area (MSA), or
portion of an MSA, within the state or
area with a 1990 population of 100,000
or more as defined by the Office of
Management and Budget (OMB)
regardless of the area’s attainment
classification.’’ Further, section
51.350(b)(1) provides that, ‘‘[i]n an
ozone transport region, the program
shall entirely cover all counties within
subject MSAs or subject portions of
MSAs, as defined by OMB in 1990,
except largely rural counties having a
population density of less than 200
persons per square mile based on the
1990 Census can be excluded except
that at least 50 percent of the MSA
population must be included in the
program* * *.’’ In effect, 16 of the 53
counties located in Upstate New York
are required to have low enhanced I/M.
The 16 counties are Albany, Broome,
Chautauqua, Dutchess, Erie, Monroe,
Niagara, Oneida, Onondaga, Orange,
Putnam, Rensselaer, Schenectady,
Saratoga, Warren and Washington.
On April 5, 2001, EPA published in
the Federal Register ‘‘Amendments to
Vehicle Inspection and Maintenance
Program Requirements Incorporating the
On-Board Diagnostics Check’’ (66 FR
18156). The revised I/M rule requires
that electronic checks of the On-Board
Diagnostics (OBD) system on model year
1996 and newer OBD-equipped motor
vehicles be conducted as part of states’
motor vehicle I/M programs. OBD is
part of the sophisticated vehicle
powertrain management system and is
designed to detect engine and
transmission problems that might cause
vehicle emissions to exceed allowable
limits. OBD is the subject of this
proposed rulemaking action.
The OBD system monitors the status
of up to 11 emission control related
subsystems by performing either
continuous or periodic functional tests
of specific components and vehicle
conditions. The first three testing
categories—misfire, fuel trim, and
comprehensive components—are
continuous, while the remaining eight
only run after a certain set of conditions
has been met. The algorithms for
running these eight periodic monitors
are unique to each manufacturer and
involve such things as ambient
temperature as well as driving
conditions. Most vehicles will have at
least five of the eight remaining
monitors (catalyst, evaporative system,
oxygen sensor, heated oxygen sensor,
and exhaust gas recirculation or EGR
system) while the remaining three (air
conditioning, secondary air, and heated
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catalyst) are not necessarily applicable
to all vehicles. When a vehicle is
scanned at an OBD–I/M test site, these
monitors can appear as either ‘‘ready’’
(meaning the monitor in question has
been evaluated), ‘‘not ready’’ (meaning
the monitor has not yet been evaluated),
or ‘‘not applicable’’ (meaning the
vehicle is not equipped with the
component monitor in question).
The OBD system is also designed to
fully evaluate the vehicle emissions
control system. If the OBD system
detects a problem that may cause
vehicle emissions to exceed 1.5 times
the Federal Test Procedure (FTP)
standards, then the Malfunction
Indicator Light (MIL) is illuminated. By
turning on the MIL, the OBD system
notifies the vehicle operator that an
emission-related fault has been
detected, and the vehicle should be
repaired as soon as possible thus
reducing the harmful emissions
contributed by that vehicle.
EPA’s revised OBD I/M rule applies to
only those areas that are required to
implement I/M programs under the
CAA, which include the NYMA and
certain counties in Upstate New York.
This rule established a deadline of
January 1, 2002 for states to begin
performing OBD checks on 1996 and
newer model OBD-equipped vehicles
and to require repairs to be performed
on those vehicles with malfunctions
identified by the OBD check.
EPA’s revised I/M rule also provided
several options to states to delay
implementation of OBD testing, under
certain circumstances. An extension of
the deadline for states to begin
conducting mandatory OBD checks is
permissible provided the state making
the request can show just cause to EPA
for a delay and that the revised
implementation date represents ‘‘the
best the state can reasonably do’’ (66 FR
18159). EPA’s final rule identifies
factors that may serve as a possible
justification for states considering
making a request to the EPA to delay
implementation of OBD I/M program
checks beyond the January 2002
deadline. Potential factors justifying
such a delay include contractual
impediments, hardware or software
deficiencies, data management software
deficiencies, the need for additional
training for the testing and repair
industries, and the need for public
education or outreach.
On May 7, 2001 (66 FR 22922), EPA
fully approved New York’s enhanced I/
M program as it applies to NYMA and
included the state’s performance
standard modeling as meeting the
applicable requirements of the CAA.
However, the OBD component of that
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program was not being implemented at
that time and therefore was not
approved by EPA as satisfying a fully
operational OBD program. Additional
information on EPA’s final approval of
New York’s enhanced I/M program can
be found in EPA’s May 7, 2001 final
approval notice.
B. What Did New York Include in This
Latest Submittal?
On April 4, 2002, the New York State
Department of Environmental
Conservation (NYSDEC) requested a
formal extension of the OBD I/M test
deadline, per EPA’s I/M requirement
rule. New York’s request lists
contractual impediments, hardware and
software deficiencies and data
management deficiencies as the factors
for its request for an extension of the
OBD testing deadline. Based upon the
reasons listed by New York, EPA
believed that the State’s delayed
implementation was justified.
On February 27, 2006, NYSDEC
submitted to EPA a revision to its SIP
which incorporates OBD system
requirements in the NYMA and the 53
counties located in Upstate New York.
New York’s SIP revision includes
revisions to the NYSDEC regulation
found at Title 6 of the New York Codes,
Rules and Regulations (NYCRR), Part
217, ‘‘Motor Vehicle Enhanced
Inspection and Maintenance Program
Requirements,’’ and the New York State
Department of Motor Vehicles
(NYSDMV) regulation found at Title 15
NYCRR Part 79, ‘‘Motor Vehicle
Inspection Regulations,’’ and a
performance standard modeling
demonstration. On October 12, 2006 (71
FR 60098), EPA proposed to approve
New York’s revised enhanced I/M
program which includes the adoption of
a statewide OBD program. For a detailed
discussion on the content and
requirements of the revisions to New
York’s regulations, the reader is referred
to EPA’s proposed rulemaking action.
C. What Action Is EPA Taking Today?
The EPA is approving a revision to
the New York SIP pertaining to New
York’s enhanced I/M program which
incorporates OBD testing requirements
and procedures in the NYMA and the 53
counties located in Upstate New York
(New York refers to this program as the
New York Vehicle Inspection Program
(NYVIP)). EPA is also repealing Title 6
of the NYCRR, Subpart 217–2, ‘‘Motor
Vehicle NY 91 Inspection and
Maintenance Program Requirements’’
and Title 15 NYCRR Part 79, Section 26,
which previously included exhaust
emission standards and inspection/
repair procedures that are no longer
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being relied upon by or necessary for
New York State to implement as part of
its enhanced I/M program.
II. What Comments Did EPA Receive in
Response to Its Proposal?
In response to EPA’s October 12, 2006
proposed rulemaking action, EPA
received no comments.
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III. Summary of Conclusions
EPA’s review of the materials
submitted indicates that New York has
revised its I/M program in accordance
with the requirements of the CAA, 40
CFR part 51 and all of EPA’s technical
requirements for an approvable OBD
program. EPA is approving the revisions
to the NYSDEC regulation Title 6 of the
NYCRR, Part 217, ‘‘Motor Vehicle
Enhanced Inspection and Maintenance
Program Requirements,’’ specifically,
Subpart 217–1, ‘‘Motor Vehicle
Enhanced Inspection and Maintenance
Program Requirements’’ and Subpart
217–4, ‘‘Inspection and Maintenance
Program Audits,’’ effective on October
30, 2002, and the New York State
Department of Motor Vehicles
regulation Title 15 NYCRR Part 79
‘‘Motor Vehicle Inspection
Regulations,’’ specifically, Sections
79.1–79.15, 79.17, 79.20, 79.21, 79.24,
and 79.25, effective on May 4, 2005. The
CAA gives states the discretion in
program planning to implement
programs of the state’s choosing as long
as necessary emission reductions are
met. EPA is also approving New York’s
performance standard modeling
demonstration, which reflects the
State’s I/M program as it is currently
implemented in the 53 counties located
in Upstate New York (NYVIP), as
meeting the required EPA alternate low
enhanced I/M performance standards.
IV. Statutory and Executive Order
Reviews
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
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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
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 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 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
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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 Act,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 23, 2007. 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,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: January 23, 2007.
Alan J. Steinberg,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart HH—New York
2. Section 52.1670 is amended by
adding new paragraph (c)(111) to read
as follows:
I
§ 52.1670
Identification of plans.
*
*
*
*
*
(c) * * *
*
*
*
*
*
(111) Revisions to the State
Implementation Plan submitted on
February 27, 2006, by the New York
State Department of Environmental
Conservation, which consist of
administrative changes to its motor
vehicle enhanced inspection and
maintenance (I/M) program which
includes the adoption of a statewide OnBoard Diagnostic (OBD) program.
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(i) Incorporation by reference:
(A) Regulation Title 6 of the New
York Codes, Rules and Regulations
(NYCRR), Part 217, ‘‘Motor Vehicle
Enhanced Inspection and Maintenance
Program Requirements,’’ specifically,
Subpart 217–1, ‘‘Motor Vehicle
Enhanced Inspection and Maintenance
Program Requirements’’ and Subpart
217–4, ‘‘Inspection and Maintenance
Program Audits,’’ effective on October
30, 2002, and the New York State
Department of Motor Vehicles
regulation Title 15 NYCRR Part 79
‘‘Motor Vehicle Inspection
Regulations,’’ specifically, Sections
State effective date
New York State regulation
79.1–79.15, 79.17, 79.20, 79.21, 79.24,
and 79.25, effective on May 4, 2005.
I 3. In 52.1679, the table is amended by
revising the entries under Title 6 for
Part 217 and Title 15 for Part 79 to read
as follows:
§ 52.1679 EPA-approved New York State
regulations.
Latest EPA
approval date
Comments
Title 6:
*
*
*
*
Part 217, Motor Vehicle Emissions:
Subpart 217–1, Motor Vehicle Enhanced Inspection and Maintenance Program Requirements.
Subpart 217–4, Inspection and Maintenance Program Audits ..........
*
*
*
*
Title 15:
Part 79, ‘‘Motor Vehicle Inspection Regulations’’ Sections 79.1–
79.15, 79.17, 79.20, 79.21, 79.24, 79.25.
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2006–0803; FRL–8278–8]
Approval and Promulgation of
Implementation Plans and Operating
Permits Program; State of Missouri
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is approving revisions to
the Missouri State Implementation Plan
(SIP) and Operating Permits Program.
The revisions clarify the rule and
streamline processes without negatively
impacting air quality. The approved
revisions will ensure consistency
between the state and the Federallyapproved rules.
DATES: This direct final rule will be
effective April 23, 2007, without further
notice, unless EPA receives adverse
comment by March 23, 2007. If adverse
comment is received, EPA will publish
a timely withdrawal of the direct final
rule in the Federal Register informing
the public that the rule will not take
effect.
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Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2006–0803, by one of the
following methods:
1. https://www.regulations.gov. Follow
the online instructions for submitting
comments.
2. E-mail: algoe-eakin.amy@epa.gov.
3. Mail: Amy Algoe-Eakin,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
5. Hand Delivery or Courier: Deliver
your comments to Amy Algoe-Eakin,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2006–
0803. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov or e-mail
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
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*
ADDRESSES:
[FR Doc. E7–2801 Filed 2–20–07; 8:45 am]
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*
*
*
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
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]]>Agencies
[Federal Register Volume 72, Number 34 (Wednesday, February 21, 2007)]
[Rules and Regulations]
[Pages 7826-7829]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2801]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Docket No. EPA-R02-OAR-2006-0685, FRL-8275-5]
Approval and Promulgation of Implementation Plans; New York;
Motor Vehicle Enhanced Inspection and Maintenance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving a revision to the State Implementation
Plan (SIP) for New York's motor vehicle enhanced inspection and
maintenance (I/M) program which includes the adoption of a statewide
On-Board Diagnostic (OBD) program. New York has made revisions to Title
6 of the New York Codes, Rules and Regulations (NYCRR), Part 217,
``Motor Vehicle Enhanced Inspection and Maintenance Program
Requirements,'' and Title 15 NYCRR Part 79, ``Motor Vehicle Inspection
Regulations,'' to comply with EPA regulations and to improve
performance of its I/M program. The intended effect of this action is
to maintain consistency between the State-adopted rules and the
federally approved SIP and to approve a control strategy that will
result in emission reductions that will help achieve attainment of the
national ambient air quality standard for ozone.
DATES: Effective Date: This rule will be effective March 23, 2007.
ADDRESSES: EPA has established a docket for this action under the
Federal Docket Management System (FDMS) which replaces the Regional
Materials in EDOCKET (RME) docket system. The new FDMS is located at
www.regulations.gov and the docket ID for this action is EPA-R02-OAR-
2006-0685. All documents in the docket are listed in the FDMS index.
Publicly available docket materials are available either electronically
in FDMS or in hard copy at the Environmental Protection Agency, Region
2 Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New
York 10007-1866. Copies of the documents relevant to this action are
also available for public inspection during normal business hours, by
appointment at the Air and Radiation Docket and Information Center,
Environmental Protection Agency, Room 3334, 1301 Constitution Avenue,
NW., Washington, DC; and the New York State Department of Environmental
Conservation, Division of Air Resources, 625 Broadway, Albany, New York
12233.
FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-3381.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. What Are the Clean Air Act Requirements for I/M Programs?
B. What Did New York Include in This Latest Submittal?
C. What Action Is EPA Taking Today?
II. What Comments Did EPA Receive in Response to Its Proposal?
III. Summary of Conclusions
IV. Statutory and Executive Order Reviews
I. Background
A. What Are the Clean Air Act Requirements for I/M Programs?
The Clean Air Act (CAA) requires certain states to implement an
enhanced inspection and maintenance (I/M) program to detect gasoline-
fueled motor vehicles which exhibit excessive emissions of certain air
pollutants. The enhanced I/M program is intended to help states meet
federal health-based national ambient air quality standards (NAAQS) for
ozone and carbon monoxide by requiring vehicles with excess emissions
to have their emissions control systems repaired. Section 182 of the
CAA requires I/M programs in those areas of the nation that are most
impacted by carbon monoxide and ozone pollution. Section 184 of the CAA
also created an ``Ozone Transport Region'' (OTR) which geographically
includes the 11 states from Maryland to Maine (including all of New
York State) and the District of Columbia Consolidated Metropolitan
Statistical Area. Depending on the severity of the nonattainment
designation(s) and/or geographic location within the OTR, EPA's
regulation under 40 CFR 51.350 outlines the appropriate motor vehicle
I/M requirements.
As a result of the 1-hr ozone nonattainment designations, New York
State's 62 counties were divided into two separate I/M areas. The
``downstate'' 9-county New York Metropolitan Area (NYMA), which
includes New York City (Bronx, Kings, New York, Richmond, and Queens
Counties), Long Island (Nassau and Suffolk Counties), and Westchester
and Rockland Counties, has been classified as a high enhanced I/M area.
On January 1, 1998, New York began implementing a high enhanced I/M
program (New York refers to this program as its NYTEST program) in the
NYMA. By May 1999, this enhanced I/M program was fully functional for
the entire NYMA.
The remaining 53 ``Upstate'' counties of New York State were
classified as a low enhanced I/M area. Since 1998, the Upstate I/M area
featured annual anti-tampering visual inspections including a gas cap
presence check.
Since all of New York State is included within the OTR, additional
I/M requirements are mandated in the more populated counties of Upstate
New York pursuant to 40 CFR 51.350(a). Section 51.350(a)(1) provides
that,
[[Page 7827]]
``States or areas within an ozone transport region shall implement
enhanced I/M programs in any metropolitan statistical area (MSA), or
portion of an MSA, within the state or area with a 1990 population of
100,000 or more as defined by the Office of Management and Budget (OMB)
regardless of the area's attainment classification.'' Further, section
51.350(b)(1) provides that, ``[i]n an ozone transport region, the
program shall entirely cover all counties within subject MSAs or
subject portions of MSAs, as defined by OMB in 1990, except largely
rural counties having a population density of less than 200 persons per
square mile based on the 1990 Census can be excluded except that at
least 50 percent of the MSA population must be included in the program*
* *.'' In effect, 16 of the 53 counties located in Upstate New York are
required to have low enhanced I/M. The 16 counties are Albany, Broome,
Chautauqua, Dutchess, Erie, Monroe, Niagara, Oneida, Onondaga, Orange,
Putnam, Rensselaer, Schenectady, Saratoga, Warren and Washington.
On April 5, 2001, EPA published in the Federal Register
``Amendments to Vehicle Inspection and Maintenance Program Requirements
Incorporating the On-Board Diagnostics Check'' (66 FR 18156). The
revised I/M rule requires that electronic checks of the On-Board
Diagnostics (OBD) system on model year 1996 and newer OBD-equipped
motor vehicles be conducted as part of states' motor vehicle I/M
programs. OBD is part of the sophisticated vehicle powertrain
management system and is designed to detect engine and transmission
problems that might cause vehicle emissions to exceed allowable limits.
OBD is the subject of this proposed rulemaking action.
The OBD system monitors the status of up to 11 emission control
related subsystems by performing either continuous or periodic
functional tests of specific components and vehicle conditions. The
first three testing categories--misfire, fuel trim, and comprehensive
components--are continuous, while the remaining eight only run after a
certain set of conditions has been met. The algorithms for running
these eight periodic monitors are unique to each manufacturer and
involve such things as ambient temperature as well as driving
conditions. Most vehicles will have at least five of the eight
remaining monitors (catalyst, evaporative system, oxygen sensor, heated
oxygen sensor, and exhaust gas recirculation or EGR system) while the
remaining three (air conditioning, secondary air, and heated catalyst)
are not necessarily applicable to all vehicles. When a vehicle is
scanned at an OBD-I/M test site, these monitors can appear as either
``ready'' (meaning the monitor in question has been evaluated), ``not
ready'' (meaning the monitor has not yet been evaluated), or ``not
applicable'' (meaning the vehicle is not equipped with the component
monitor in question).
The OBD system is also designed to fully evaluate the vehicle
emissions control system. If the OBD system detects a problem that may
cause vehicle emissions to exceed 1.5 times the Federal Test Procedure
(FTP) standards, then the Malfunction Indicator Light (MIL) is
illuminated. By turning on the MIL, the OBD system notifies the vehicle
operator that an emission-related fault has been detected, and the
vehicle should be repaired as soon as possible thus reducing the
harmful emissions contributed by that vehicle.
EPA's revised OBD I/M rule applies to only those areas that are
required to implement I/M programs under the CAA, which include the
NYMA and certain counties in Upstate New York. This rule established a
deadline of January 1, 2002 for states to begin performing OBD checks
on 1996 and newer model OBD-equipped vehicles and to require repairs to
be performed on those vehicles with malfunctions identified by the OBD
check.
EPA's revised I/M rule also provided several options to states to
delay implementation of OBD testing, under certain circumstances. An
extension of the deadline for states to begin conducting mandatory OBD
checks is permissible provided the state making the request can show
just cause to EPA for a delay and that the revised implementation date
represents ``the best the state can reasonably do'' (66 FR 18159).
EPA's final rule identifies factors that may serve as a possible
justification for states considering making a request to the EPA to
delay implementation of OBD I/M program checks beyond the January 2002
deadline. Potential factors justifying such a delay include contractual
impediments, hardware or software deficiencies, data management
software deficiencies, the need for additional training for the testing
and repair industries, and the need for public education or outreach.
On May 7, 2001 (66 FR 22922), EPA fully approved New York's
enhanced I/M program as it applies to NYMA and included the state's
performance standard modeling as meeting the applicable requirements of
the CAA. However, the OBD component of that program was not being
implemented at that time and therefore was not approved by EPA as
satisfying a fully operational OBD program. Additional information on
EPA's final approval of New York's enhanced I/M program can be found in
EPA's May 7, 2001 final approval notice.
B. What Did New York Include in This Latest Submittal?
On April 4, 2002, the New York State Department of Environmental
Conservation (NYSDEC) requested a formal extension of the OBD I/M test
deadline, per EPA's I/M requirement rule. New York's request lists
contractual impediments, hardware and software deficiencies and data
management deficiencies as the factors for its request for an extension
of the OBD testing deadline. Based upon the reasons listed by New York,
EPA believed that the State's delayed implementation was justified.
On February 27, 2006, NYSDEC submitted to EPA a revision to its SIP
which incorporates OBD system requirements in the NYMA and the 53
counties located in Upstate New York. New York's SIP revision includes
revisions to the NYSDEC regulation found at Title 6 of the New York
Codes, Rules and Regulations (NYCRR), Part 217, ``Motor Vehicle
Enhanced Inspection and Maintenance Program Requirements,'' and the New
York State Department of Motor Vehicles (NYSDMV) regulation found at
Title 15 NYCRR Part 79, ``Motor Vehicle Inspection Regulations,'' and a
performance standard modeling demonstration. On October 12, 2006 (71 FR
60098), EPA proposed to approve New York's revised enhanced I/M program
which includes the adoption of a statewide OBD program. For a detailed
discussion on the content and requirements of the revisions to New
York's regulations, the reader is referred to EPA's proposed rulemaking
action.
C. What Action Is EPA Taking Today?
The EPA is approving a revision to the New York SIP pertaining to
New York's enhanced I/M program which incorporates OBD testing
requirements and procedures in the NYMA and the 53 counties located in
Upstate New York (New York refers to this program as the New York
Vehicle Inspection Program (NYVIP)). EPA is also repealing Title 6 of
the NYCRR, Subpart 217-2, ``Motor Vehicle NY 91 Inspection and
Maintenance Program Requirements'' and Title 15 NYCRR Part 79, Section
26, which previously included exhaust emission standards and
inspection/repair procedures that are no longer
[[Page 7828]]
being relied upon by or necessary for New York State to implement as
part of its enhanced I/M program.
II. What Comments Did EPA Receive in Response to Its Proposal?
In response to EPA's October 12, 2006 proposed rulemaking action,
EPA received no comments.
III. Summary of Conclusions
EPA's review of the materials submitted indicates that New York has
revised its I/M program in accordance with the requirements of the CAA,
40 CFR part 51 and all of EPA's technical requirements for an
approvable OBD program. EPA is approving the revisions to the NYSDEC
regulation Title 6 of the NYCRR, Part 217, ``Motor Vehicle Enhanced
Inspection and Maintenance Program Requirements,'' specifically,
Subpart 217-1, ``Motor Vehicle Enhanced Inspection and Maintenance
Program Requirements'' and Subpart 217-4, ``Inspection and Maintenance
Program Audits,'' effective on October 30, 2002, and the New York State
Department of Motor Vehicles regulation Title 15 NYCRR Part 79 ``Motor
Vehicle Inspection Regulations,'' specifically, Sections 79.1-79.15,
79.17, 79.20, 79.21, 79.24, and 79.25, effective on May 4, 2005. The
CAA gives states the discretion in program planning to implement
programs of the state's choosing as long as necessary emission
reductions are met. EPA is also approving New York's performance
standard modeling demonstration, which reflects the State's I/M program
as it is currently implemented in the 53 counties located in Upstate
New York (NYVIP), as meeting the required EPA alternate low enhanced I/
M performance standards.
IV. Statutory and Executive Order Reviews
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 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 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 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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 23, 2007. 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, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: January 23, 2007.
Alan J. Steinberg,
Regional Administrator, Region 2.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart HH--New York
0
2. Section 52.1670 is amended by adding new paragraph (c)(111) to read
as follows:
Sec. 52.1670 Identification of plans.
* * * * *
(c) * * *
* * * * *
(111) Revisions to the State Implementation Plan submitted on
February 27, 2006, by the New York State Department of Environmental
Conservation, which consist of administrative changes to its motor
vehicle enhanced inspection and maintenance (I/M) program which
includes the adoption of a statewide On-Board Diagnostic (OBD) program.
[[Page 7829]]
(i) Incorporation by reference:
(A) Regulation Title 6 of the New York Codes, Rules and Regulations
(NYCRR), Part 217, ``Motor Vehicle Enhanced Inspection and Maintenance
Program Requirements,'' specifically, Subpart 217-1, ``Motor Vehicle
Enhanced Inspection and Maintenance Program Requirements'' and Subpart
217-4, ``Inspection and Maintenance Program Audits,'' effective on
October 30, 2002, and the New York State Department of Motor Vehicles
regulation Title 15 NYCRR Part 79 ``Motor Vehicle Inspection
Regulations,'' specifically, Sections 79.1-79.15, 79.17, 79.20, 79.21,
79.24, and 79.25, effective on May 4, 2005.
0
3. In 52.1679, the table is amended by revising the entries under Title
6 for Part 217 and Title 15 for Part 79 to read as follows:
Sec. 52.1679 EPA-approved New York State regulations.
----------------------------------------------------------------------------------------------------------------
State
New York State regulation effective Latest EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Title 6:
* * * * * * *
Part 217, Motor Vehicle Emissions:
Subpart 217-1, Motor Vehicle Enhanced 10/30/02 2/21/07....................
Inspection and Maintenance Program [Insert FR page citation]..
Requirements.
Subpart 217-4, Inspection and 10/30/02 2/21/07....................
Maintenance Program Audits. [Insert FR page citation]..
* * * * * * *
Title 15:
Part 79, ``Motor Vehicle Inspection 5/4/05 2/21/07....................
Regulations'' Sections 79.1-79.15, [Insert FR page citation]..
79.17, 79.20, 79.21, 79.24, 79.25.
* * * * * * *
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[FR Doc. E7-2801 Filed 2-20-07; 8:45 am]
BILLING CODE 6560-50-P
