Approval and Promulgation of Air Quality Implementation Plans; Virginia; Incorporation of On-Board Diagnostic Testing and Other Amendments to the Motor Vehicle Emission Inspection Program for the Northern Virginia Program Area, 21540-21546 [E8-8394]

Download as PDF 21540 Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations Dated: April 9, 2008. Donald S. Welsh, Regional Administrator, Region III. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. I Subpart I—Delaware 2. In § 52.420, the table in paragraph (c) is amended by adding an entry for Regulation 1132 after the existing Regulation 31 to read as follows: I 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I § 52.420 * Authority: 42 U.S.C. 7401 et seq. Identification of plan. * * (c) * * * * * EPA-APPROVED REGULATIONS IN THE DELAWARE SIP State citation * Section Section Section Section 1 2 3 4 * * * Purpose ...................................................... Definitions ................................................... Consultation ................................................ Written Commitments for Control and Mitigation Measures. * * * * * [FR Doc. E8–8395 Filed 4–21–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2007–0185; FRL–8555–5] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Incorporation of On-Board Diagnostic Testing and Other Amendments to the Motor Vehicle Emission Inspection Program for the Northern Virginia Program Area Environmental Protection Agency (EPA). ACTION: Final rule. ebenthall on PRODPC60 with RULES AGENCY: SUMMARY: EPA is approving three State Implementation Plan (SIP) revisions submitted by the Commonwealth of Virginia. These revisions pertain to the Commonwealth’s motor vehicle inspection and maintenance (I/M) program for the Northern Virginia area that was previously SIP-approved by EPA. These three SIP revisions incorporate changes made by the Commonwealth to the I/M program since EPA last approved the I/M program as part of the SIP in 2002. The most significant change to the program is the incorporation of on-board diagnostic computer checks of 1996and-newer model year vehicles as an element of the emission inspection VerDate Aug<31>2005 15:18 Apr 21, 2008 EPA approval date * * * Regulation 1132—Transportation Conformity ..................................................... ..................................................... ..................................................... ..................................................... * State effective date Title/subject Jkt 214001 * * Effective Date: This final rule is effective on May 22, 2008. DATES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2007–0185. All documents in the docket are listed in the https://www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (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. ADDRESSES: PO 00000 Frm 00022 Fmt 4700 * 11/11/2007 11/11/2007 11/11/2007 11/11/2007 process for the Northern Virginia program area. In addition, Virginia made numerous minor changes to the program, including several changes to test procedures and standards, as well as changes to its roadside testing regimen. The I/M program helps to ensure that highway motor vehicles operate as cleanly as possible, by requiring vehicles to be periodically tested and by identifying vehicles having high emissions due to malfunctioning emission control systems. Such vehicles must then be repaired and retested by their owners, to the standards set by the Commonwealth’s program. Vehicle I/M programs address nitrogen oxide and volatile organic compound emissions, both of which are precursors to formation of ground level ozone pollution, as well as the pollutant carbon monoxide. This action is being taken under the Clean Air Act (CAA). Sfmt 4700 Additional explanation 5/22/2008 5/22/2008 5/22/2008 5/22/2008 * * Added Added Added Added Section. Section. Section. Section. * Publicly available docket materials are available either electronically through https://www.regulations.gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814–2176, or by e-mail at rehn.brian@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On February 12, 2008 (73 FR 8018), EPA published a notice of proposed rulemaking (NPR) for the Commonwealth of Virginia. The NPR proposed approval of three separate revisions made by Virginia to its prior, SIP-approved motor vehicle inspection and maintenance program. These three formal SIP revisions were submitted by Virginia on December 18, 2002, April 2, 2003, and June 18, 2007, respectively. The Northern Virginia I/M program area is comprised of the following localities: The counties of Arlington, Fairfax, Loudoun, Prince William, and Stafford; and the cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park. It is designated by EPA as a moderate 8-hour ozone nonattainment area. The Commonwealth’s revised I/M program satisfies federal requirements under sections 182 and 184 of the Clean Air E:\FR\FM\22APR1.SGM 22APR1 Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations ebenthall on PRODPC60 with RULES Act applicable to enhanced I/M programs. II. Summary of SIP Revision The Commonwealth’s December 2002, April 2003, and June 2007 I/M SIP revisions latest revisions serve to amend the Commonwealth’s prior, EPAapproved enhanced I/M SIP, which was published as a final rulemaking action in the September 1, 1999 edition of the Federal Register (64 FR 47670). The Commonwealth SIP revisions are comprised of amended versions of Virginia’s regulations governing the emissions inspection program. The purpose of these changes to Virginia regulation was to make changes that the Virginia Department of Environmental Quality (VA DEQ) deemed necessary for continued operation of the enhanced I/M program. Some of these regulatory amendments were made by Virginia to reflect changing federal requirements and policies that apply to enhanced emission inspection programs, and some updates were to address changes made to relevant Virginia law since the inception of the enhanced I/M program. The most significant of the changes comprised within the December 18, 2002 SIP revision is the incorporation of on-board diagnostic checks of 1996 and newer vehicles subject to emissions testing. Virginia also updated its testing procedures to stay abreast of changes needed based upon past operation of the program. Virginia also modified applicability requirements for the I/M program to address the changing dynamic of the vehicle fleet operating in the program area. Virginia also amended its regulation to enhance the Commonwealth’s ability to effectively enforce the emission inspection program. Below is a summary of the most significant changes to the Commonwealth’s vehicle emission inspection program regulations submitted as part of the December 18, 2002 SIP revision: 1. Incorporation of on-board diagnostic testing of vehicles equipped with second generation on-board diagnostics (OBD–II), as well as checks of OBD–II equipped 1997 and newer diesel-powered vehicles. 2. Revision of program model year coverage to exempt vehicles 25-years old and older at the time of testing, in lieu of the previous exemption of 1968 and older model vehicles. 3. Revision of acceleration-simulation mode (ASM) emission standards and removal of ASM test procedure prescreening requirements. 4. Tightening of two-speed idle emission test standards, to reflect advanced technology and lower VerDate Aug<31>2005 15:18 Apr 21, 2008 Jkt 214001 emission levels of 1990 and newer vehicles. 5. Relaxation of roadside remote sensing standards, and greater flexibility for VA DEQ in use of various pollutants as roadside screening criteria. 6. Repeal of requirement for evaporative system purge testing. 7. Revision of requirements for federal and private fleet testing and reporting, and add ‘‘sensitive mission vehicle’’ fleet emission inspection station permit category. 8. Revision of visible emissions standard to include a standard for diesel-powered vehicles now subject to OBD testing. 9. Elimination of deadlines for waiver limit increases that have already passed; and required vehicles that received a waiver in another state to be tested if subject to Virginia’s I/M program. 10. Repeal of requirements limiting warranty eligibility for certain emissions short tests. 11. Modification of penalty schedule for major violations related to emissions inspections. 12. Revision of a number of definitions to reflect related regulatory changes, and the repeal of others that are no longer needed to support the Commonwealth’s regulations. Virginia’s April 2, 2003 SIP revision serves to make a technical correction to the June 2002 version of the emission inspection program regulation that was submitted as part of the December 2002 SIP revision. This later amendment corrects a technical error in Virginia’s prior emission inspection program regulation concerning emission inspector identification numbers. Virginia’s June 18, 2007 SIP revision contains a more recent version of the Commonwealth’s I/M regulation since the June 2002 version of the regulation submitted as part of the December 18, 2002 SIP revision. This June 2007 SIP revision contains revised provisions related to on-road testing of vehicles (i.e., remote sensing) operated (primarily) in Northern Virginia. The purpose of this SIP revision is to help Virginia ensure motorist compliance with the I/M program and to supplement state enforcement activities. EPA is taking a single rulemaking action today upon the December 18, 2002, the April 2, 2003, and the June 18, 2007 SIP revisions. III. General Information Pertaining to SIP Submittals From the Commonwealth of Virginia In 1995, Virginia adopted legislation that provides, subject to certain conditions, for an environmental assessment (audit) ‘‘privilege’’ for PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 21541 voluntary compliance evaluations performed by a regulated entity. The legislation further addresses the relative burden of proof for parties either asserting the privilege or seeking disclosure of documents for which the privilege is claimed. Virginia’s legislation also provides, subject to certain conditions, for a penalty waiver for violations of environmental laws when a regulated entity discovers such violations pursuant to a voluntary compliance evaluation and voluntarily discloses such violations to the Commonwealth and takes prompt and appropriate measures to remedy the violations. Virginia’s Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1–1198, provides a privilege that protects from disclosure documents and information about the content of those documents that are the product of a voluntary environmental assessment. The Privilege Law does not extend to documents or information (1) that are generated or developed before the commencement of a voluntary environmental assessment; (2) that are prepared independently of the assessment process; (3) that demonstrate a clear, imminent and substantial danger to the public health or environment; or (4) that are required by law. On January 12, 1998, the Commonwealth of Virginia Office of the Attorney General provided a legal opinion that states that the Privilege law, Va. Code Sec. 10.1–1198, precludes granting a privilege to documents and information ‘‘required by law,’’ including documents and information ‘‘required by Federal law to maintain program delegation, authorization or approval,’’ since Virginia must ‘‘enforce Federally authorized environmental programs in a manner that is no less stringent than their Federal counterparts * * *.’’ The opinion concludes that ‘‘[r]egarding § 10.1–1198, therefore, documents or other information needed for civil or criminal enforcement under one of these programs could not be privileged because such documents and information are essential to pursuing enforcement in a manner required by Federal law to maintain program delegation, authorization or approval.’’ Virginia’s Immunity law, Va. Code Sec. 10.1–1199, provides that ‘‘[t]o the extent consistent with requirements imposed by Federal law,’’ any person making a voluntary disclosure of information to a state agency regarding a violation of an environmental statute, regulation, permit, or administrative order is granted immunity from administrative or civil penalty. The Attorney General’s January 12, 1998 E:\FR\FM\22APR1.SGM 22APR1 21542 Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations opinion states that the quoted language renders this statute inapplicable to enforcement of any Federally authorized programs, since ‘‘no immunity could be afforded from administrative, civil, or criminal penalties because granting such immunity would not be consistent with Federal law, which is one of the criteria for immunity.’’ Therefore, EPA has determined that Virginia’s Privilege and Immunity statutes will not preclude the Commonwealth from enforcing its program consistent with the Federal requirements. In any event, because EPA has also determined that a state audit privilege and immunity law can affect only state enforcement and cannot have any impact on Federal enforcement authorities, EPA may at any time invoke its authority under the CAA, including, for example, sections 113, 167, 205, 211 or 213, to enforce the requirements or prohibitions of the state plan, independently of any state enforcement effort. In addition, citizen enforcement under section 304 of the Clean Air Act is likewise unaffected by this, or any, state audit privilege or immunity law. Other specific requirements for an enhanced I/M program, and the rationale for EPA’s proposed action, are explained in the NPR and will not be restated here. No public comments were received on the NPR. III. Final Action EPA is approving three SIP revisions formally submitted to EPA by the Commonwealth on December 18, 2002, April 2, 2003, and June 18, 2007 as revisions to the Virginia SIP. ebenthall on PRODPC60 with RULES IV. Statutory and Executive Order Reviews A. General Requirements Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions VerDate Aug<31>2005 15:18 Apr 21, 2008 Jkt 214001 of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • 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); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. 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 action 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). PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 C. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 23, 2008. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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 approving Virginia’s enhanced I/M program 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 dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: April 9, 2008. Donald S. Welsh, Regional Administrator, Region III. I 40 CFR part 52 is amended as follows: 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 VV—Virginia 2. In § 52.2420, the table in paragraph (c) is amended under Chapter 91 as follows: I a. Revising Part I, section 5–91–20. I b. Revising Part II, sections 5–91–30, 5–91–50, 5–91–70, and 5–91–120. I c. Revising Part III, sections 5–91–160 through 5–91–210. I d. Revising Part IV, sections 5–91– 220, 5–91–230, 5–91–260, 5–91–270, 5– 91–290 through 5–91–340, 5–91–360 and 5–91–370. I e. Revising Part V, section 5–91–380. I f. Removing Part VI, sections 5–91– 460 and 5–91–470. I g. Revising Part VI, sections 5–91–410 through 5–91–450, 5–91–480, and 5–91– 490. I h. Revising Part VII, sections 5–91– 500 through 5–91–540. I i. Revising Part VIII, sections 5–91– 550 through 5–91—580. I j. Revising Part IX, sections 5–91–590 through 5–91–620. I k. Revising Part X, sections 5–91–650 through 5–91–710. I l. Revising Part XI, section 5–91–720. I m. Revising Part XII, sections 5–91– 740 through 5–91–760. I E:\FR\FM\22APR1.SGM 22APR1 21543 Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations § 52.2420 Identification of plan. * n. Removing Part XIII in its entirety. o. Revising Part XIV, sections 5–91– 790 and 5–91–800. I I * * * (c) * * * * EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES State citation (9 VAC 5) State effective date Title/subject * * Chapter 91 * 5–91–20 ...................... * * EPA approval date * Explanation [former SIP citation] * * Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area Part I Definitions * * * Terms defined ......................................................... Part II * * 6/29/05 4//22/08 [Insert page number where the document begins]. * General Provisions 5–91–30 ...................... Applicability and authority of the department ......... 10/1/02 * 5–91–50 ...................... * * * Documents incorporated by reference ................... * * 10/1/02 4/22/08 [Insert page number where the document begins]. * * 5–91–70 ...................... * * * Appeal of case decisions ........................................ * * 10/1/02 4/22/08 [Insert page number where the document begins]. * * 5–91–120 .................... * * * Export and import of motor vehicles ....................... * * 10/1/02 4/22/08 [Insert page number where the document begins]. * * * * Part III 5–91–160 .................... * * 6/29/05 5–91–180 .................... Exhaust emission standards for on-road testing through remote sensing. 6/29/05 5–91–190 .................... Emissions control system standards ...................... 10/1/02 5–91–200 .................... Evaporative emissions standards ........................... 10/1/02 5–91–210 .................... Visible emissions standards ................................... 10/1/02 Part IV 10/1/02 ebenthall on PRODPC60 with RULES General provisions .................................................. 10/1/02 5–91–230 .................... Applications ............................................................. 10/1/02 15:18 Apr 21, 2008 Jkt 214001 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. 4/22/08] [Insert page number where the document begins]. 4/22/08] [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. Permitting and Operation of Emissions Inspection Stations 5–91–220 .................... VerDate Aug<31>2005 * Emission Standards for Motor Vehicle Air Pollution Exhaust emission standards for two-speed idle testing in enhanced emissions inspection programs. Exhaust emission standards for ASM testing in enhanced emissions inspection programs. 5–91–170 .................... 4/22/08 [Insert page number where the document begins]. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. E:\FR\FM\22APR1.SGM 22APR1 * 21544 Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued State citation (9 VAC 5) Title/subject * 5–91–260 .................... * * * Emissions inspection station permits, categories ... 5–91–270 .................... Permit renewals ...................................................... * 5–91–290 .................... * * * Emissions inspection station operations ................. 5–91–300 .................... Emissions inspection station records ..................... 5–91–310 .................... Sign and permit posting .......................................... 5–91–320 .................... Equipment and facility requirements ...................... 5–91–330 .................... Analyzer system operation ..................................... 5–91–340 .................... Motor vehicle inspection report; certificate of emissions inspection. * 5–91–360 .................... * * * Inspector identification number and access code usage. 5–91–370 .................... Fleet emissions inspection stations; mobile fleet inspection stations. Part V 5–91–380 .................... * State effective date * * * 10/1/02 4/22/08 [Insert page number where the document begins]. 10/1/02 4/22/08 [Insert page number where the document begins]. * * * 10/1/02 4/22/08 [Insert page number where the document begins]. 10/1/02 4/22/08 [Insert page number where the document begins]. 10/1/02 4/22/08 [Insert page number where the document begins]. 10/1/02 4/22/08 [Insert page number where the document begins]. 10/1/02 4/22/08 [Insert page number where the document begins]. 10/1/02 4/22/08 [Insert page number where the document begins]. * * * 10/1/02 4/22/08 [Insert page number where the document begins]. 10/1/02 4/22/08 [Insert page number where the document begins]. 10/21/02 * Part VI 5–91–420 .................... Inspection procedure; rejection, pass, fail, waiver 10/1/02 5–91–430 .................... ASM test procedure ................................................ 10/1/02 5–91–440 .................... Two-speed idle test procedure ............................... 10/1/02 5–91–450 .................... Evaporative system pressure test and gas cap pressure test procedure. 10/1/02 5–91–480 .................... ebenthall on PRODPC60 with RULES 10/1/02 Emissions related repairs ....................................... 10/1/02 5–91–490 .................... Engine and fuel changes ........................................ 10/1/02 Jkt 214001 PO 00000 Frm 00026 * * Inspection Procedures General ................................................................... 15:18 Apr 21, 2008 * Retitled and amended. 4/22/08 [Insert page number where the document begins]. * 5–91–410 .................... VerDate Aug<31>2005 Explanation [former SIP citation] Emissions Inspector Testing and Licensing Emissions inspector licenses and renewals ........... * EPA approval date Fmt 4700 Sfmt 4700 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. E:\FR\FM\22APR1.SGM 22APR1 Retitled and amended. 21545 Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued State citation (9 VAC 5) State effective date Title/subject Part VII Applicability and authority ....................................... 10/1/02 5–90–510 .................... Certification qualifications ....................................... 10/1/02 5–91–520 .................... Expiration, reinstatement, renewal, and requalification. 10/1/02 5–91–530 .................... Emissions and repair facility operations ................. 10/1/02 5–91–540 .................... Sign and certificate posting .................................... 10/1/02 Applicability and authority ....................................... 10/1/02 5–91–560 .................... Certification qualifications for emissions repair technicians. 10/1/02 5–91–570 .................... Expiration, reinstatement, renewal and requalification. 10/1/02 5–91–580 .................... Certified emissions repair technician responsibilities. 10/1/02 Part IX Enforcement of regulations, permits, licenses, certifications and orders. 10/1/02 5–91–600 .................... General enforcement process ................................ 10/1/02 5–91–610 .................... Consent orders and penalties for violations ........... 10/1/02 5–91–620 .................... Major violations ....................................................... 10/1/02 Part X * * 4/22/08 [Insert page number where the document begins]. 04/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. * * Analyzer System Certification and Specifications for Enhanced Emissions Inspection Programs * * * Design goals ........................................................... 5–91–660 .................... Warranty; service contract ...................................... 5–91–670 .................... ebenthall on PRODPC60 with RULES 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. * * 5–91–650 .................... Owner-provided services ........................................ 5–91–680 .................... Certification of analyzer systems ............................ 5–91–690 .................... Span gases; gases for calibration purposes .......... VerDate Aug<31>2005 Retitled and amended. Enforcement Procedures 5–91–590 .................... * 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. Emissions Repair Technician Certification and Responsibilities 5–91–550 .................... * Explanation [former SIP citation] Vehicle Emissions Repair Facility Certification 5–91–500 .................... Part VIII EPA approval date 15:18 Apr 21, 2008 Jkt 214001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 * * 10/1/02 4/22/08 [Insert page number where the document begins]. 10/1/02 4/22/08 [Insert page number where the document begins]. 10/1/02 4/22/08 [Insert page number where the document begins]. 10/1/02 4/22/08 [Insert page number where the document begins]. 10/1/02 4/22/08 [Insert page number where the document begins]. E:\FR\FM\22APR1.SGM 22APR1 * 21546 Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued State citation (9 VAC 5) Title/subject State effective date EPA approval date 5–91–700 .................... Calibration of exhaust gas analyzers ..................... 10/1/02 5–91–710 .................... Upgrade of analyzer system ................................... 10/1/02 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. Part XI 5–91–720 .................... Manufacturer Recall Vehicle manufacturers recall .................................. * * * 10/1/02 * Part XII 6/29/05 5–91–750 .................... Operating procedures; violation of standards ......... 6/29/05 5–91–760 .................... Schedule of civil charges ........................................ 6/29/05 ASM start-up standards .......................................... 10/1/02 5–91–800 .................... ASM final standards ................................................ 10/1/02 * * * * * * [FR Doc. E8–8394 Filed 4–21–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [Docket No. EPA–R02–OAR–2008–0011, FRL–8554–8] Approval and Promulgation of Implementation Plans; New York Environmental Protection Agency (EPA). ACTION: Final rule; technical amendment. AGENCY: The Environmental Protection Agency (EPA) is promulgating an amendment to its rulemaking action taken on November 27, 1998, which removed Part 211.2 of Title 6 of the New York Code of Rules and Regulations (NYCRR) from the State Implementation Plan (SIP) for the State of New York. Part 211.2 is a general prohibition ebenthall on PRODPC60 with RULES SUMMARY: VerDate Aug<31>2005 15:18 Apr 21, 2008 Jkt 214001 * 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. Frm 00028 Fmt 4700 4/22/08 [Insert page number where the document begins]. 4/22/08 [Insert page number where the document begins]. * against air pollution. As stated in the November 27, 1998 notice, EPA intended to remove all such general duty provisions from the New York SIP, which do not reasonably relate to the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS), and other air quality goals of the Clean Air Act. General duty provisions in Title 6 of the NYCRR include those pertaining to nuisance odors. In this action, EPA is amending its previous rulemaking to include a mistakenly omitted citation to Part 200.1(d) of Title 6 of the NYCRR. Part 200.1(d) provides the definition of ‘‘air contaminant or air pollutant,’’ which includes the word ‘‘odor.’’ It has recently been brought to EPA’s attention that the word ‘‘odor’’ in the definition of ‘‘air contaminant or air pollutant’’ was erroneously retained in the SIP. By amending the previous rulemaking, EPA is removing the word ‘‘odor’’ from the federally-approved definition of ‘‘air contaminant or air pollutant,’’ because the definition as currently written, in part, does not have a reasonable PO 00000 * ASM Exhaust Emission Standards 5–91–790 .................... * * On-road Testing General requirements ............................................. * 4/22/08 [Insert page number where the document begins]. * 5–91–740 .................... Part XIV Explanation [former SIP citation] Sfmt 4700 * * connection to the NAAQS and related air quality goals of the Clean Air Act. The intended effect of this amendment is to make the previous rulemaking on New York SIP submittals for national primary and secondary ambient air quality standards consistent with the requirements of the Clean Air Act. DATES: This correction is effective on April 22, 2008. FOR FURTHER INFORMATION CONTACT: Steven Riva, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007–1866, (212) 637–4074. SUPPLEMENTARY INFORMATION: I. Amendment to SIP Correction Action On November 27, 1998 (63 FR 65557), EPA published notice of a direct final rulemaking action under section 110(k)(6) of the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. (the Act), to correct the federally-approved New York State Implementation Plan (SIP). This notice took effect on January 26, 1999, after a 60 day public comment period in which EPA received no E:\FR\FM\22APR1.SGM 22APR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Rules and Regulations]
[Pages 21540-21546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8394]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-0185; FRL-8555-5]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Incorporation of On-Board Diagnostic Testing and Other
Amendments to the Motor Vehicle Emission Inspection Program for the
Northern Virginia Program Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving three State Implementation Plan (SIP)
revisions submitted by the Commonwealth of Virginia. These revisions
pertain to the Commonwealth's motor vehicle inspection and maintenance
(I/M) program for the Northern Virginia area that was previously SIP-
approved by EPA. These three SIP revisions incorporate changes made by
the Commonwealth to the I/M program since EPA last approved the I/M
program as part of the SIP in 2002. The most significant change to the
program is the incorporation of on-board diagnostic computer checks of
1996-and-newer model year vehicles as an element of the emission
inspection process for the Northern Virginia program area. In addition,
Virginia made numerous minor changes to the program, including several
changes to test procedures and standards, as well as changes to its
roadside testing regimen. The I/M program helps to ensure that highway
motor vehicles operate as cleanly as possible, by requiring vehicles to
be periodically tested and by identifying vehicles having high
emissions due to malfunctioning emission control systems. Such vehicles
must then be repaired and retested by their owners, to the standards
set by the Commonwealth's program. Vehicle I/M programs address
nitrogen oxide and volatile organic compound emissions, both of which
are precursors to formation of ground level ozone pollution, as well as
the pollutant carbon monoxide. This action is being taken under the
Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on May 22, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0185. All documents in the docket are listed in
the https://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (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 available either electronically through https://
www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Virginia Department of Environmental Quality, 629 East Main Street,
Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by e-
mail at rehn.brian@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On February 12, 2008 (73 FR 8018), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Virginia. The NPR
proposed approval of three separate revisions made by Virginia to its
prior, SIP-approved motor vehicle inspection and maintenance program.
These three formal SIP revisions were submitted by Virginia on December
18, 2002, April 2, 2003, and June 18, 2007, respectively.
The Northern Virginia I/M program area is comprised of the
following localities: The counties of Arlington, Fairfax, Loudoun,
Prince William, and Stafford; and the cities of Alexandria, Fairfax,
Falls Church, Manassas, and Manassas Park. It is designated by EPA as a
moderate 8-hour ozone nonattainment area. The Commonwealth's revised I/
M program satisfies federal requirements under sections 182 and 184 of
the Clean Air

[[Page 21541]]

Act applicable to enhanced I/M programs.

II. Summary of SIP Revision

The Commonwealth's December 2002, April 2003, and June 2007 I/M SIP
revisions latest revisions serve to amend the Commonwealth's prior,
EPA-approved enhanced I/M SIP, which was published as a final
rulemaking action in the September 1, 1999 edition of the Federal
Register (64 FR 47670).
The Commonwealth SIP revisions are comprised of amended versions of
Virginia's regulations governing the emissions inspection program. The
purpose of these changes to Virginia regulation was to make changes
that the Virginia Department of Environmental Quality (VA DEQ) deemed
necessary for continued operation of the enhanced I/M program. Some of
these regulatory amendments were made by Virginia to reflect changing
federal requirements and policies that apply to enhanced emission
inspection programs, and some updates were to address changes made to
relevant Virginia law since the inception of the enhanced I/M program.
The most significant of the changes comprised within the December
18, 2002 SIP revision is the incorporation of on-board diagnostic
checks of 1996 and newer vehicles subject to emissions testing.
Virginia also updated its testing procedures to stay abreast of changes
needed based upon past operation of the program. Virginia also modified
applicability requirements for the I/M program to address the changing
dynamic of the vehicle fleet operating in the program area. Virginia
also amended its regulation to enhance the Commonwealth's ability to
effectively enforce the emission inspection program. Below is a summary
of the most significant changes to the Commonwealth's vehicle emission
inspection program regulations submitted as part of the December 18,
2002 SIP revision:
1. Incorporation of on-board diagnostic testing of vehicles
equipped with second generation on-board diagnostics (OBD-II), as well
as checks of OBD-II equipped 1997 and newer diesel-powered vehicles.
2. Revision of program model year coverage to exempt vehicles 25-
years old and older at the time of testing, in lieu of the previous
exemption of 1968 and older model vehicles.
3. Revision of acceleration-simulation mode (ASM) emission
standards and removal of ASM test procedure pre-screening requirements.
4. Tightening of two-speed idle emission test standards, to reflect
advanced technology and lower emission levels of 1990 and newer
vehicles.
5. Relaxation of roadside remote sensing standards, and greater
flexibility for VA DEQ in use of various pollutants as roadside
screening criteria.
6. Repeal of requirement for evaporative system purge testing.
7. Revision of requirements for federal and private fleet testing
and reporting, and add ``sensitive mission vehicle'' fleet emission
inspection station permit category.
8. Revision of visible emissions standard to include a standard for
diesel-powered vehicles now subject to OBD testing.
9. Elimination of deadlines for waiver limit increases that have
already passed; and required vehicles that received a waiver in another
state to be tested if subject to Virginia's I/M program.
10. Repeal of requirements limiting warranty eligibility for
certain emissions short tests.
11. Modification of penalty schedule for major violations related
to emissions inspections.
12. Revision of a number of definitions to reflect related
regulatory changes, and the repeal of others that are no longer needed
to support the Commonwealth's regulations.
Virginia's April 2, 2003 SIP revision serves to make a technical
correction to the June 2002 version of the emission inspection program
regulation that was submitted as part of the December 2002 SIP
revision. This later amendment corrects a technical error in Virginia's
prior emission inspection program regulation concerning emission
inspector identification numbers.
Virginia's June 18, 2007 SIP revision contains a more recent
version of the Commonwealth's I/M regulation since the June 2002
version of the regulation submitted as part of the December 18, 2002
SIP revision. This June 2007 SIP revision contains revised provisions
related to on-road testing of vehicles (i.e., remote sensing) operated
(primarily) in Northern Virginia. The purpose of this SIP revision is
to help Virginia ensure motorist compliance with the I/M program and to
supplement state enforcement activities.
EPA is taking a single rulemaking action today upon the December
18, 2002, the April 2, 2003, and the June 18, 2007 SIP revisions.

III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts * * *.'' The opinion
concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998

[[Page 21542]]

opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the Clean Air Act is likewise
unaffected by this, or any, state audit privilege or immunity law.
Other specific requirements for an enhanced I/M program, and the
rationale for EPA's proposed action, are explained in the NPR and will
not be restated here. No public comments were received on the NPR.

III. Final Action

EPA is approving three SIP revisions formally submitted to EPA by
the Commonwealth on December 18, 2002, April 2, 2003, and June 18, 2007
as revisions to the Virginia SIP.

IV. Statutory and Executive Order Reviews

A. General Requirements

Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. 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 action 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).

C. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 23, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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 approving Virginia's enhanced I/M
program 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 dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

Dated: April 9, 2008.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 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 VV--Virginia

0
2. In Sec. 52.2420, the table in paragraph (c) is amended under
Chapter 91 as follows:
0
a. Revising Part I, section 5-91-20.
0
b. Revising Part II, sections 5-91-30, 5-91-50, 5-91-70, and 5-91-120.
0
c. Revising Part III, sections 5-91-160 through 5-91-210.
0
d. Revising Part IV, sections 5-91-220, 5-91-230, 5-91-260, 5-91-270,
5-91-290 through 5-91-340, 5-91-360 and 5-91-370.
0
e. Revising Part V, section 5-91-380.
0
f. Removing Part VI, sections 5-91-460 and 5-91-470.
0
g. Revising Part VI, sections 5-91-410 through 5-91-450, 5-91-480, and
5-91-490.
0
h. Revising Part VII, sections 5-91-500 through 5-91-540.
0
i. Revising Part VIII, sections 5-91-550 through 5-91--580.
0
j. Revising Part IX, sections 5-91-590 through 5-91-620.
0
k. Revising Part X, sections 5-91-650 through 5-91-710.
0
l. Revising Part XI, section 5-91-720.
0
m. Revising Part XII, sections 5-91-740 through 5-91-760.

[[Page 21543]]

0
n. Removing Part XIII in its entirety.
0
o. Revising Part XIV, sections 5-91-790 and 5-91-800.

Sec. 52.2420 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Virginia Regulations and Statutes
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State citation (9 VAC 5) Title/subject effective date EPA approval date Explanation [former SIP citation]
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 91 Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area
Part I Definitions
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
5-91-20............................. Terms defined.......... 6/29/05 4//22/08 [Insert page number where
the document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part II General Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-30............................. Applicability and 10/1/02 4/22/08 [Insert page number where
authority of the the document begins].
department.

* * * * * * *
5-91-50............................. Documents incorporated 10/1/02 4/22/08 [Insert page number where
by reference. the document begins].

* * * * * * *
5-91-70............................. Appeal of case 10/1/02 4/22/08 [Insert page number where
decisions. the document begins].

* * * * * * *
5-91-120............................ Export and import of 10/1/02 4/22/08 [Insert page number where
motor vehicles. the document begins].

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part III Emission Standards for Motor Vehicle Air Pollution
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-160............................ Exhaust emission 6/29/05 4/22/08 [Insert page number where
standards for two- the document begins].
speed idle testing in
enhanced emissions
inspection programs.
5-91-170............................ Exhaust emission 10/1/02 4/22/08 [Insert page number where
standards for ASM the document begins].
testing in enhanced
emissions inspection
programs.
5-91-180............................ Exhaust emission 6/29/05 4/22/08 [Insert page number where
standards for on-road the document begins].
testing through remote
sensing.
5-91-190............................ Emissions control 10/1/02 4/22/08] [Insert page number where
system standards. the document begins].
5-91-200............................ Evaporative emissions 10/1/02 4/22/08] [Insert page number where
standards. the document begins].
5-91-210............................ Visible emissions 10/1/02 4/22/08 [Insert page number where
standards. the document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part IV Permitting and Operation of Emissions Inspection Stations
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-220............................ General provisions..... 10/1/02 4/22/08 [Insert page number where
the document begins].
5-91-230............................ Applications........... 10/1/02 4/22/08 [Insert page number where
the document begins].

[[Page 21544]]

* * * * * * *
5-91-260............................ Emissions inspection 10/1/02 4/22/08 [Insert page number where
station permits, the document begins].
categories.
5-91-270............................ Permit renewals........ 10/1/02 4/22/08 [Insert page number where
the document begins].

* * * * * * *
5-91-290............................ Emissions inspection 10/1/02 4/22/08 [Insert page number where
station operations. the document begins].
5-91-300............................ Emissions inspection 10/1/02 4/22/08 [Insert page number where
station records. the document begins].
5-91-310............................ Sign and permit posting 10/1/02 4/22/08 [Insert page number where
the document begins].
5-91-320............................ Equipment and facility 10/1/02 4/22/08 [Insert page number where
requirements. the document begins].
5-91-330............................ Analyzer system 10/1/02 4/22/08 [Insert page number where
operation. the document begins].
5-91-340............................ Motor vehicle 10/1/02 4/22/08 [Insert page number where
inspection report; the document begins].
certificate of
emissions inspection.

* * * * * * *
5-91-360............................ Inspector 10/1/02 4/22/08 [Insert page number where Retitled and amended.
identification number the document begins].
and access code usage.
5-91-370............................ Fleet emissions 10/1/02 4/22/08 [Insert page number where
inspection stations; the document begins].
mobile fleet
inspection stations.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part V Emissions Inspector Testing and Licensing
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-380............................ Emissions inspector 10/21/02 4/22/08 [Insert page number where
licenses and renewals. the document begins].

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part VI Inspection Procedures
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-410............................ General................ 10/1/02 4/22/08 [Insert page number where
the document begins].
5-91-420............................ Inspection procedure; 10/1/02 4/22/08 [Insert page number where
rejection, pass, fail, the document begins].
waiver.
5-91-430............................ ASM test procedure..... 10/1/02 4/22/08 [Insert page number where
the document begins].
5-91-440............................ Two-speed idle test 10/1/02 4/22/08 [Insert page number where
procedure. the document begins].
5-91-450............................ Evaporative system 10/1/02 4/22/08 [Insert page number where Retitled and amended.
pressure test and gas the document begins].
cap pressure test
procedure.
5-91-480............................ Emissions related 10/1/02 4/22/08 [Insert page number where
repairs. the document begins].
5-91-490............................ Engine and fuel changes 10/1/02 4/22/08 [Insert page number where
the document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 21545]]

Part VII Vehicle Emissions Repair Facility Certification
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-500............................ Applicability and 10/1/02 4/22/08 [Insert page number where
authority. the document begins].
5-90-510............................ Certification 10/1/02 4/22/08 [Insert page number where
qualifications. the document begins].
5-91-520............................ Expiration, 10/1/02 4/22/08 [Insert page number where
reinstatement, the document begins].
renewal, and
requalification.
5-91-530............................ Emissions and repair 10/1/02 4/22/08 [Insert page number where
facility operations. the document begins].
5-91-540............................ Sign and certificate 10/1/02 4/22/08 [Insert page number where Retitled and amended.
posting. the document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part VIII Emissions Repair Technician Certification and Responsibilities
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-550............................ Applicability and 10/1/02 4/22/08 [Insert page number where
authority. the document begins].
5-91-560............................ Certification 10/1/02 4/22/08 [Insert page number where
qualifications for the document begins].
emissions repair
technicians.
5-91-570............................ Expiration, 10/1/02 4/22/08 [Insert page number where
reinstatement, renewal the document begins].
and requalification.
5-91-580............................ Certified emissions 10/1/02 4/22/08 [Insert page number where
repair technician the document begins].
responsibilities.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part IX Enforcement Procedures
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-590............................ Enforcement of 10/1/02 4/22/08 [Insert page number where
regulations, permits, the document begins].
licenses,
certifications and
orders.
5-91-600............................ General enforcement 10/1/02 04/22/08 [Insert page number where
process. the document begins].
5-91-610............................ Consent orders and 10/1/02 4/22/08 [Insert page number where
penalties for the document begins].
violations.
5-91-620............................ Major violations....... 10/1/02 4/22/08 [Insert page number where
the document begins].

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part X Analyzer System Certification and Specifications for Enhanced Emissions Inspection Programs
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
5-91-650............................ Design goals........... 10/1/02 4/22/08 [Insert page number where
the document begins].
5-91-660............................ Warranty; service 10/1/02 4/22/08 [Insert page number where
contract. the document begins].
5-91-670............................ Owner-provided services 10/1/02 4/22/08 [Insert page number where
the document begins].
5-91-680............................ Certification of 10/1/02 4/22/08 [Insert page number where
analyzer systems. the document begins].
5-91-690............................ Span gases; gases for 10/1/02 4/22/08 [Insert page number where
calibration purposes. the document begins].

[[Page 21546]]

5-91-700............................ Calibration of exhaust 10/1/02 4/22/08 [Insert page number where
gas analyzers. the document begins].
5-91-710............................ Upgrade of analyzer 10/1/02 4/22/08 [Insert page number where
system. the document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part XI Manufacturer Recall
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-91-720............................ Vehicle manufacturers 10/1/02 4/22/08 [Insert page number where
recall. the document begins].

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. E8-8394 Filed 4-21-08; 8:45 am]
BILLING CODE 6560-50-P

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