Air Plan Approval; Rhode Island; Enhanced Motor Vehicle Inspection and Maintenance Program, 52655-52664 [2017-24541]
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Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 16, 2018. 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 determining that the
Washington Area attained the 2008
ozone NAAQS by its July 20, 2016
attainment date 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, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements.
1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart J—District of Columbia
2. In § 52.475, paragraph (c) is added
to read as follows:
■
Determinations of attainment.
jstallworth on DSKBBY8HB2PROD with RULES
*
*
*
*
(c) Based upon EPA’s review of the air
quality data for the 3-year period 2013
to 2015, the Washington, DC-MD-VA
marginal ozone nonattainment area has
attained the 2008 8-hour ozone national
ambient air quality standard (NAAQS)
by the applicable attainment date of July
20, 2016. Therefore, EPA has met the
requirement pursuant to Clean Air Act
section 181(b)(2)(A) to determine, based
on the area’s air quality as of the
attainment date, whether the area
attained the standard. EPA also
determined that the Washington, DC-
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Air Plan Approval; Rhode Island;
Enhanced Motor Vehicle Inspection
and Maintenance Program
§ 52.1082
Determinations of attainment.
*
*
*
*
*
(k) Based upon EPA’s review of the air
quality data for the 3-year period 2013
to 2015, the Washington, DC-MD-VA
marginal ozone nonattainment area has
attained the 2008 8-hour ozone national
ambient air quality standard (NAAQS)
by the applicable attainment date of July
20, 2016. Therefore, EPA has met the
requirement pursuant to Clean Air Act
section 181(b)(2)(A) to determine, based
on the area’s air quality as of the
attainment date, whether the area
attained the standard. EPA also
determined that the Washington, DCMD-VA marginal nonattainment area
will not be reclassified for failure to
attain by its applicable attainment date
pursuant to section 181(b)(2)(A).
§ 52.2430
■
*
3. In § 52.1082, paragraph (k) is added
to read as follows:
■
4. In § 52.2430, paragraph (c) is added
to read as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
40 CFR Part 52
[EPA–R01–OAR–2009–0436; FRL–9970–66–
Region 1]
■
40 CFR part 52 is amended as follows:
ENVIRONMENTAL PROTECTION
AGENCY
Subpart V—Maryland
Subpart VV—Virginia
Dated: October 27, 2017.
Cosmo Servidio,
Regional Administrator, Region III.
§ 52.475
MD-VA marginal nonattainment area
will not be reclassified for failure to
attain by its applicable attainment date
pursuant to section 181(b)(2)(A).
52655
Determinations of attainment.
*
*
*
*
*
(c) Based upon EPA’s review of the air
quality data for the 3-year period 2013
to 2015, the Washington, DC-MD-VA
marginal ozone nonattainment area has
attained the 2008 8-hour ozone national
ambient air quality standard (NAAQS)
by the applicable attainment date of July
20, 2016. Therefore, EPA has met the
requirement pursuant to Clean Air Act
section 181(b)(2)(A) to determine, based
on the area’s air quality as of the
attainment date, whether the area
attained the standard. EPA also
determined that the Washington, DCMD-VA marginal nonattainment area
will not be reclassified for failure to
attain by its applicable attainment date
pursuant to section 181(b)(2)(A).
[FR Doc. 2017–24537 Filed 11–13–17; 8:45 am]
BILLING CODE 6560–50–P
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Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Rhode Island.
These revisions include regulations to
update the enhanced motor vehicle
inspection and maintenance (I/M)
program in Rhode Island. The revised
program includes a test and repair
network consisting of on-board
diagnostic (OBD2) testing for model year
1996 and newer vehicles and tailpipe
exhaust test, using a dynamometer, for
model year 1995 and older vehicles. The
intended effect of this action is to
approve the revised program into the
Rhode Island SIP. This action is being
taken in accordance with the Clean Air
Act (CAA).
DATES: This direct final rule will be
effective January 16, 2018, unless EPA
receives adverse comments by
December 14, 2017. If adverse
comments are 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.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2009–0436 at
www.regulations.gov, or via email to
garcia.ariel@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the Web, cloud, or
SUMMARY:
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other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets.
FOR FURTHER INFORMATION CONTACT:
Ariel Garcia, Air Quality Planning Unit,
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, 5 Post
Office Square, Suite 100 (mail code:
OEP05–2), Boston, MA 02109–3912,
telephone number: (617) 918–1660,
email: garcia.ariel@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
jstallworth on DSKBBY8HB2PROD with RULES
I. Background and Purpose
II. What are the Clean Air Act requirements
for I/M programs?
III. What are the OBD2 requirements and how
does Rhode Island’s program address
these requirements?
IV. What are all the other I/M regulatory
requirements and how does Rhode
Island’s I/M program satisfy these
requirements?
A. Applicability
B. Enhanced I/M Performance Standard
C. Network Type and Program Evaluation
D. Adequate Tools and Resources
E. Test Frequency and Convenience
F. Vehicle Coverage
G. Test Procedure and Standards
H. Test Equipment
I. Quality Control
J. Waivers and Compliance via Diagnostic
Inspection
K. Motorist Compliance Enforcement
L. Motorist Compliance Enforcement
Program Oversight
M. Quality Assurance
N. Enforcement Against Contractors,
Stations, and Inspectors
O. Data Collection, Analysis, and Reporting
P. Inspector Training and Licensing or
Certification
Q. Public Information and Consumer
Protection
R. Improving Repair Effectiveness
S. Compliance With Recall Notices
T. On-Road Testing
U. Concluding Statement
V. Final Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Background and Purpose
On January 28, 2009, the State of
Rhode Island submitted a formal
revision to its State Implementation
Plan (SIP). This SIP revision included
regulations to update the enhanced
motor vehicle inspection and
maintenance (I/M) program in Rhode
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Island. Rhode Island submitted a
supplement to this 2009 SIP revision on
February 17, 2017; this supplement
included the emissions modeling and I/
M SIP narrative required by EPA’s I/M
regulations. EPA is approving Rhode
Island’s revised I/M program because it
is consistent with the CAA’s I/M
requirements and EPA’s I/M regulations,
and will strengthen the SIP.
Specifically, the SIP revisions include
amendments to the Rhode Island
Department of Environmental
Management’s (DEM’s) Air Pollution
Control Regulation (APCR) No. 34,
‘‘Rhode Island Motor Vehicle
Inspection/Maintenance Program,’’ and
the Rhode Island Division of Motor
Vehicles’ (DMV’s) regulation ‘‘Rhode
Island Motor Vehicle Safety and
Emissions Control Regulation No. 1,’’
and other administrative and technical
documentation required in a SIP
submittal to address the requirements
for the implementation of the motor
vehicle I/M program in Rhode Island.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
II. What are the Clean Air Act
requirements for I/M programs?
The CAA, 42 U.S.C. 7401 et seq.,
requires certain states to implement an
enhanced I/M program to detect
gasoline-fueled motor vehicles which
emit excessive amounts 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), and
includes I/M requirements for that
region. The OTR geographically extends
from northern Virginia to Maine,
including the entire state of Rhode
Island. In addition, EPA promulgated I/
M regulations at 40 CFR part 51, subpart
S. Depending on the severity of an area’s
nonattainment classification 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 having areas designated
nonattainment for the 1997 8-hour
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ozone NAAQS (see 40 CFR 81.340 for
Rhode Island), and by virtue of its
inclusion in the OTR, Rhode Island has
implemented an enhanced vehicle
emissions testing program throughout
the entire State. Rhode Island began
implementing an I/M program in
January 2000. The Rhode Island I/M
program was first approved into the SIP
on February 9, 2001(66 FR 9661), and
Rhode Island’s SIP submittal included
all of the elements required of an I/M
program as specified in 40 CFR part 51,
subpart S. Since that time, the program
has been modified in a number of ways.
Most notably it has been changed to a
test and repair network, and now also
includes on-board diagnostic (OBD2)
testing of model year 1996 and newer
vehicles.
III. What are the OBD2 requirements
and how does Rhode Island’s program
address these requirements?
On April 5, 2001 (66 FR 18156), EPA
published in the Federal Register
‘‘Amendments to Vehicle Inspection
and Maintenance Program Requirements
Incorporating the On-Board Diagnostics
Check.’’ EPA’s revised I/M rule requires
that electronic checks of the On-Board
Diagnostics (OBD2) system on model
year 1996 and newer OBD2-equipped
motor vehicles be conducted as part of
states’ motor vehicle I/M programs.
OBD2 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. OBD2 requirements are a key
part of this rulemaking action.
The OBD2 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 OBD2–I/M test site, these
monitors can appear as either ‘‘Ready’’
(meaning the monitor in question has
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been evaluated, also interchangeably
appears as ‘‘Complete’’ on some
vehicles), ‘‘Not Ready’’ (meaning the
monitor has not yet been evaluated, also
interchangeably appears as ‘‘Not
Complete’’ on some vehicles), or
‘‘Unsupported’’ (meaning the vehicle is
not equipped with the component
monitor in question and the monitor is
not applicable). The monitors that are
available in a certain vehicle’s emission
control design are referred to as being
‘‘Supported,’’ and only supported
monitors need to be evaluated by the
vehicle’s computer to ultimately receive
a ‘‘Ready’’ or ‘‘Not Ready’’ designation.
The OBD2 system is also designed to
fully evaluate the vehicle’s emissions
control system. If the OBD2 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 OBD2 system
notifies the vehicle operator that an
emissions-related fault has been
detected and the vehicle should be
repaired as soon as possible, thus
reducing the harmful emissions
contributed by the vehicle.
EPA’s revised OBD2 I/M rule applies
to those areas that are required to
implement I/M programs under the
CAA, which includes Rhode Island. The
revised I/M program submitted by
Rhode Island on January 28, 2009, and
supplemented on February 17, 2017,
includes OBD2 testing for model year
1996 and newer vehicles, and continues
to require that 1995 and older vehicles
(up to 25 years old) continue to receive
a tailpipe emissions test using a
dynamometer to meet the previously
SIP-approved exhaust emissions
standards,1 or a two-speed idle test for
vehicles with drive configurations that
prevents a dynamometer test. Rhode
Island’s motor vehicle I/M program
conducts OBD2 tests on gasoline and
diesel powered light-duty vehicles;
light-duty vehicles being those vehicles
with a gross vehicle weight rating
(GVWR) of up to and including 8,500
pounds.
EPA’s OBD2 program requires scan
tool equipment to read the vehicle’s
built-in computer sensors in model year
1996 and newer vehicles. The OBD2–I/
M check consists of two types of
examination: A visual check of the
1 Rhode
Island’s previous I/M SIP submittal was
approved on February 9, 2001 (66 FR 9661).
Although Rhode Island only requires compliance
with the emissions testing program of vehicles up
to 25 model years old, Rhode Island does conduct
an advisory-only emissions test on all vehicles
regardless of age, in conjunction with the safety
inspection conducted on those older vehicles.
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dashboard display function and status;
and an electronic examination of the
OBD2 computer itself. The failure
criteria for OBD2 testing is any
Diagnostic Trouble Code (DTC) or
combination of DTCs that result in the
MIL to be commanded on. A DTC is a
code that indicates a malfunction in an
emission control system or component
which may cause emissions to increase
to 1.5 times the limit due to the
malfunction. Rhode Island has
incorporated these OBD2 program
elements into its program.
If the OBD2 scan reveals DTCs that
have not commanded the MIL on, the
motorist should be advised of the issue,
but the vehicle should not be failed
unless other non-DTC based failure
criteria have been met. Vehicles may fail
an inspection if the vehicle connector is
missing, tampered with or otherwise
inoperable, if the MIL is commanded
and is not visually illuminated, and if
the MIL is commanded on for one or
more DTCs as defined in the Society of
Automotive Engineering (SAE) J2012
guidance document, and EPA
regulations.
Vehicles are rejected from testing if
the scan of the OBD2 system reveals a
‘‘Not Ready’’ code for any OBD2
component. EPA’s Final
Implementation Guidance (‘‘Performing
Onboard Diagnostic System Checks as
part of a Vehicle Inspection and
Maintenance Program,’’ EPA 420–R–01–
015, June 2001) allows states the
flexibility to permit model year 1996 to
2000 vehicles with two or fewer unset
readiness codes, and model year 2001
and newer vehicles with one unset
readiness code to complete an OBD2–I/
M inspection without being rejected.
Vehicles would still fail if the MIL was
commanded on or if other failure
criteria were met, or be rejected from
inspection if three or more unset
readiness codes were encountered. If the
MIL is not commanded to be
illuminated the vehicle would pass the
OBD2 inspection even if DTCs are
present. Rhode Island’s testing program
is consistent with the EPA
recommended readiness failure criteria.
Rhode Island DEM’s APCR No. 34
requires that the program meet the
OBD2 testing requirements and
procedures set forth in 40 CFR 85.2222.2
2 Rhode Island’s Air Pollution Control Regulation
No. 34, at subsection 34.5, directly cites, and
therefore incorporates by reference, the federal
regulation at 40 CFR 85.2222. For purposes of the
federal SIP, EPA interprets Rhode Island’s
regulation as incorporating by reference the version
of 40 CFR 85.2222 as amended on April 5, 2001 (66
FR 18156), rather than prospectively incorporating
any future changes to 40 CFR 85.2222.
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EPA believes that for an OBD2–I/M
test program to be most effective, it
should be designed to allow for: (1)
Real-time data link connections to a
centralized testing database; (2) qualitycontrolled input of vehicles and owner
identification information; and (3)
automated generation of test reports.
Rhode Island has incorporated these
OBD2 program elements into the State’s
I/M program.
IV. What are all the other I/M
regulatory requirements and how does
Rhode Island’s I/M program satisfy
these requirements?
A. Applicability
As previously stated above, 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. Rhode Island has had
varying nonattainment designations and
classifications for the ozone NAAQS.3
Nonetheless, Section 184 of the CAA
requires areas in the OTR (such as
Rhode Island), to implement enhanced
vehicle I/M programs.
The SIP describes in detail the areas
subject to the enhanced I/M program
and, consistent with 40 CFR 51.372,
includes the legal authority necessary to
establish program boundaries. The
Rhode Island I/M regulations (RI DEM’s
APCR No. 34 ‘‘Rhode Island Motor
Vehicle Inspection/Maintenance
Program,’’ and RI DMV’s ‘‘Rhode Island
Motor Vehicle Safety and Emissions
Control Regulation No. 1’’) and
authorizing legislation (Rhode Island
General Laws at Title 31, Chapter 31–
47.1) ensure that the enhanced I/M
program be implemented statewide.
B. Enhanced I/M Performance Standard
Today’s rulemaking discusses the I/M
program designed, in part, to meet the
enhanced I/M performance standard for
ozone precursors in Rhode Island. EPA’s
performance standard establishes an
emission reduction target that must be
met by an I/M program in order for the
SIP to be approvable. The program, as
documented in the SIP, must meet the
performance standard in actual
operation, with provisions for
appropriate adjustments if the standard
is not met.
The emissions modeling conducted as
part of the performance standard
evaluation in the I/M SIP submittal
illustrates that the revised Rhode Island
I/M program, contained in the January
28, 2009 and February 17, 2017 SIP
revisions, is more stringent than the
federally-required performance
3 See Nonattainment Areas for Criteria Pollutants
at www.epa.gov/green-book.
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standard, and more stringent than
Rhode Island’s preceding I/M program
approved into the SIP on February 9,
2001 (66 FR 9661). Thus, these Rhode
Island SIP revisions satisfy the
requirements of the CAA Section 110(l)
because the SIP revision will not
interfere with any applicable
requirement concerning attainment and
reasonable further progress, or with any
other applicable requirement of the
CAA.
Included in Rhode Island’s February
17, 2017 submittal is the appropriate
vehicle emission modeling
demonstration, using EPA’s MOtor
Vehicle Emissions Simulator Model
(MOVES), considering the required
performance standards and the actual
Rhode Island program as it is currently
being implemented statewide, as well as
a comparison to the preceding I/M
program approved on February 9, 2001
(66 FR 9661), that the State is no longer
implementing. The modeling runs
considered evaluations with 2015, 2016,
and 2017 compliance dates. Rhode
Island has demonstrated that reductions
from its updated program are greater
than those achieved by the preceding I/
M program, and the EPA performance
standard. The MOVES modeling
performed reflects the fact that Rhode
Island tests all gasoline-powered
vehicles that are less than 25 years old.
Model year 1996 and newer vehicles are
tested with OBD2, and pre-1996
vehicles (i.e., they are not equipped
with OBD2 technology) are tested using
an exhaust dynamometer test. Vehicles
are tested every other year, and vehicles
up to 2 years old that have driven less
than 24,000 miles are not tested. Vehicle
testing requirements are included in
APCR No. 34, and details of meeting the
performance standard are included in
section 2 of the SIP narrative.
C. Network Type and Program
Evaluation
Under the CAA and EPA’s I/M rule,
the SIP must include a description of
the network to be employed and the
required legal authority. Also, for
enhanced I/M areas, the SIP needs to
include a description of the evaluation
schedule and protocol, the sampling
methodology, the data collection and
analysis system, the resources and
personnel for evaluation and related
details of the evaluation program, as
well as the legal authority establishing
the evaluation program.
Rhode Island has maintained its
decentralized test and repair I/M
network program design utilizing
contractors to manage and oversee the
inspection portion of the program.
Rhode Island’s decentralized
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infrastructure meets all the federal I/M
requirements. Rhode Island has
implemented a continuous ongoing
evaluation program consistent with the
federal I/M rule. Rhode Island commits
to developing and submitting the annual
and biennial reports described by 40
CFR 51.366 and the results of the
evaluation programs are included in the
annual and biennial reports. In addition,
the ongoing evaluation program consists
of conducting on-road testing, as
required by 40 CFR 51.371, by using
remote sensing to test the emissions
performance of the required amount of
vehicles in the State’s motor vehicle
fleet. The remote sensing data collected
by Rhode Island continually supports
that the Rhode Island I/M program is
efficiently reducing emissions. Rhode
Island has sufficient legal authority to
implement this contractor managed
program in concert with local
inspection stations and to conduct the
program evaluation, as necessary to
implement I/M consistent with federal
requirements. Details of the network
type and program evaluation are
included in section 3 of the SIP
narrative.
D. Adequate Tools and Resources
Under the CAA and EPA’s I/M rule,
the SIP must include a description of
the resources that will be used for
program operation and must discuss
how the performance standard will be
met, including: (1) A detailed budget
plan describing the source of funds for
personnel, program administration,
program enforcement, purchase of
necessary equipment (such as vehicles
for undercover audits), and for other
requirements discussed throughout the
I/M rule; and (2) a description of
personnel resources, the number of
personnel dedicated to overt and covert
auditing, data analysis, program
administration, enforcement, and other
necessary functions, and the training
attendant to each function.
Rhode Island operates a self-funded I/
M program, in which, revenue from the
inspection fee charged to motorists is
used for all expenses associated with
the administration, implementation, and
enforcement of the enhanced I/M
program. The Rhode Island DEM
provides additional support to the I/M
program by providing a full-time ‘‘Air
Quality Specialist’’ that devotes 100%
of staff time to serving as a DEM to the
Rhode Island DMV’s operation of the
Rhode Island I/M program. Rhode
Island has adequate staff dedicated to
overt and covert auditing, data analysis,
program administration, enforcement,
and other necessary program functions.
Section 4 of the State’s SIP narrative,
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and the appendices to the SIP narrative,
describe the budget, staffing support,
and equipment needed to implement
the program.
E. Test Frequency and Convenience
Under EPA’s I/M rule, the SIP must
include a detailed test schedule,
including the test year selection scheme
if testing is other than annual. The SIP
must also include the legal authority
necessary to implement and enforce the
test frequency requirement and explain
how the test frequency will be
integrated with the enforcement
process. In addition, in enhanced I/M
programs, the SIP needs to demonstrate
that the network of stations providing
testing services is sufficient to ensure
customer convenience by providing
short waiting times for a test, and short
driving distances to the test center.
The Rhode Island SIP revision
requires biennial inspections for all
subject motor vehicles that are at least
two years old, or newer vehicles that
have driven at least 24,000 miles. The
inspections are conducted based on
when the vehicle is initially purchased.
To provide motorist’s convenience,
Rhode Island has set geographic criteria
ensuring that at least one testing facility
is located in each city or town in the
State. Section 5 of the SIP narrative and
the contract with the I/M program
vendor includes additional information
for ensuring convenient testing wait
times and convenient testing locations.
The authority for enforcing the testing
frequency is contained in the Rhode
Island DMV’s ‘‘Rhode Island Motor
Vehicle Safety and Emissions Control
Regulation No. 1,’’ covering the
emissions testing of light-duty vehicles
in Rhode Island.
F. Vehicle Coverage
Under EPA’s I/M rule, the SIP must
include a detailed description of the
number and types of vehicles to be
covered by the program, and a plan for
identifying subject vehicles, including
vehicles that are routinely operated in
the area but may not be registered in the
area. Also, the SIP must include a
description of any special exemptions
which will be granted by the program,
and an estimate of the percentage and
number of vehicles granted such
exemptions. Such exemptions need to
be accounted for in the emission
reduction analysis. In addition, the SIP
needs to include legal authority
necessary to implement and enforce the
vehicle coverage requirement.
The Rhode Island I/M program covers
all light-duty vehicles and light-duty
trucks, rated up to and including 8,500
pounds GVWR, operating on all fuel
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types, as required by the federal I/M
rule for enhanced programs. Rhode
Island requires biennial testing of
vehicles, which are less than 25 years
old, except any new motor vehicle until
twenty-four months after its date of
initial purchase or 24,000 miles,
whichever occurs first. In addition,
Rhode Island’s enhanced I/M program
covers any motor vehicle fleets,
including all federal, state, and
municipal fleets; as well as any motor
vehicle operating on the highways of
Rhode Island with a dealer registration,
loan agreement, or being operated as a
demonstration vehicle.
Rhode Island exempts special classes
of vehicles from the emissions testing
program being approved in today’s
Direct Final Rulemaking, including:
Vehicles older than 25 model years
old; 4 new vehicles until 24 months after
its date of initial purchase or until such
new vehicle has been driven for 24,000
miles, whichever occurs first; tactical
military vehicles; electric vehicles;
competition and off-road vehicles used
solely for off-highway activities;
motorized wheelchairs; motorcycles;
farm tractors; and special mobile
equipment. Rhode Island’s I/M program
also provides a temporary exemption
from the emissions testing requirement
for vehicles that may be temporarily out
of State, but the operator of such a
vehicle must obtain an emissions
inspection within five days of returning
to the State. In addition, vehicles owned
or controlled by a dealer are granted a
temporary exemption for the first five
days after the vehicle is owned or
controlled by the dealer. Based on
information provided in the SIP
submittal, Rhode Island has shown that
such exemptions will not prevent the
program from achieving the EPArequired performance standard.
Additional detail supporting this
conclusion was included in section 6 of
the SIP narrative. Legal authority for the
vehicle coverage requirements are
contained in the Rhode Island I/M
regulations (RI DEM’s APCR No. 34
‘‘Rhode Island Motor Vehicle
Inspection/Maintenance Program,’’ and
RI DMV’s ‘‘Rhode Island Motor Vehicle
Safety and Emissions Control
Regulation No. 1’’), and the authorizing
legislation (Rhode Island General Laws
at Title 31, Chapter 31–47.1).
G. Test Procedures and Standards
Under EPA’s I/M rule, the SIP must
include a description of each test
procedure used. The SIP also must
include the rule, ordinance, or law
describing and establishing the test
procedures. Rhode Island’s enhanced
I/M program requires that all vehicles,
equipped with OBD2 technology, be
subjected to an OBD2 inspection. Rhode
Island gasoline-powered vehicles are
tested using one of three methods: (1)
OBD2 testing, (2) a dynamometer test to
test tailpipe exhaust emissions, or (3) a
two-speed idle test. Rhode Island dieselpowered vehicles are tested using one of
two methods: (1) An OBD2 test on
OBD2-equipped diesel vehicles, or (2) a
dynamometer opacity test. The Rhode
Island I/M SIP revision and associated
regulations obligate the State to perform
OBD2 testing on all model year 1996
and newer vehicles, in accordance with
EPA procedures. All model year 1995
and older covered vehicles, excluding
full time four-wheel-drive vehicles,
continue to receive a tailpipe emissions
test using a dynamometer to meet the
previously SIP-approved exhaust
emissions standards for gasolinepowered vehicles or opacity emission
standards for diesel-powered vehicles.
A gasoline-powered vehicle which
cannot be tested using either OBD2 or
the dynamometer test, will be given a
two-speed idle test.5 Rhode Island’s
OBD2 testing procedures are based on
the testing procedures established by
EPA for light-duty vehicles in 40 CFR
85.2222. Details of the test procedures
and standards are included in Rhode
Island’s I/M regulations and in section
7 of the SIP narrative.
4 Section 1.3.1 of the Rhode Island DMV’s ‘‘Rhode
Island Motor Vehicle Safety and Emissions Control
Regulation No. 1’’ states that Rhode Island exempts
‘‘any model year vehicle 25 years old or older from
the requirement to obtain repairs in order to
comply, but such vehicles must undergo an
emissions inspection.’’
5 Gasoline and diesel powered vehicles with
known issues with readiness monitors, or lack of
electronic communication, cannot be tested using
OBD2. Full time four-wheel-drive vehicles cannot
be tested on a dynamometer. Diesel-powered
vehicles that cannot be tested on a dynamometer
will not be subjected to an emissions test.
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H. Test Equipment
Under EPA’s I/M rule, the SIP must
include written technical specifications
for all test equipment used in the
program and address each of the
requirements set forth at 40 CFR 51.358.
The specifications must describe the
emission analysis process, the necessary
test equipment, the required features,
and written acceptance testing criteria
and procedures.
Rhode Island’s SIP submittal provides
written equipment specifications as
contained in EPA’s Final
Implementation Guidance and the
appendices of EPA’s I/M rule. The
Rhode Island SIP submission and its
appendices address the requirements in
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40 CFR 51.358 and include descriptions
of performance features and functional
characteristics of the computerized test
systems. The SIP submittal references
40 CFR part 51 and Part 85, and are
consistent with the procedures outlined
in 40 CFR 85.2222 and EPA’s June 2001
Final Implementation Guidance. The
necessary test equipment, required
features, and acceptance testing criteria
are discussed in section 8 of the Rhode
Island SIP narrative.
I. Quality Control
Under EPA’s I/M rule, the SIP must
include a description of quality control
and recordkeeping procedures. The SIP
also must include the procedures
manual, rule, and ordinance or law
describing and establishing quality
control procedures and requirements.
The Rhode Island I/M SIP narrative
and contract contain descriptions and
requirements establishing the quality
control procedures in accordance with
the federal I/M rule and EPA’s Final
Implementation Guidance. These
requirements will help ensure that
equipment calibrations are properly
performed and recorded and that the
necessary compliance document
security is maintained. As described in
section 9 of the SIP narrative, the Rhode
Island SIP complies with all
specifications for quality control set
forth in Section 51.359 and Appendix A
of the federal I/M rule, and EPA’s Final
Implementation Guidance.
J. Waivers and Compliance via
Diagnostic Inspection
Under EPA’s I/M rule, the SIP must
include a maximum waiver rate
expressed as a percentage of initially
failed vehicles. This waiver rate is used
for estimating emission reduction
benefits in the modeling analysis.
Corrective action must be taken if the
waiver rate exceeds that estimated in
the SIP, or a state must revise its SIP and
claim emission reductions accordingly.
The SIP also must describe the waiver
criteria and procedures, including cost
limits, quality assurance methods and
measures, and administration. Lastly,
the SIP must include the necessary legal
authority, ordinance(s), or rules to issue
waivers, set and adjust cost limits as
required, and carry out any other
functions necessary to administer the
waiver system, including enforcement
of the waiver provisions.
Cost limits for the minimum
expenditure waivers must be in
accordance with the CAA and the
federal I/M rule. According to federal
requirements, expenditures of at least
$450 for actual, non-tampering related
repairs, must be spent in order to
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qualify for a waiver in an enhanced
I/M program; this amount shall be
adjusted annually according to changes
in the Consumer Price Index as
specified in 40 CFR 51.360(a)(7). Rhode
Island DMV’s ‘‘Rhode Island Motor
Vehicle Safety and Emissions Control
Regulation No. 1’’ at section 1.9.1(d)
allows for waivers to be issued which
meet minimum repair expenditures in
accordance with the federal I/M rule.
Section 10 of Rhode Island’s SIP
narrative describes that expenditure
waivers are allowed to be issued if a
motorist makes an expenditure of at
least $700 on actual, non-tampering
related repairs on a vehicle that still
does not pass the required emissions
test. Rhode Island intends to annually
update the cost to receive a waiver from
the emissions testing program in
accordance with federal requirements.
In addition, Rhode Island allows for an
economic hardship time extension as
allowed under EPA’s rule. Rhode Island
has demonstrated that it can meet the
enhanced I/M performance standard
testing with the I/M program as it is
described in the SIP submittal.
The Rhode Island I/M program
commits to a waiver rate of one percent
per inspection cycle, that is, a maximum
of 1% of initially failed vehicles are
allowed to receive a waiver in a given
two-year period. The 1% waiver rate is
used in the performance standard
modeling demonstration discussed in
Section IV.B., ‘‘Enhanced I/M
Performance Standard,’’ of today’s
rulemaking. The 1% waiver rate is
incorporated into the performance
standard modeling demonstration in
accordance with EPA’s modeling
guidance, ‘‘Performance Standard
Modeling for New and Existing Vehicle
Inspection and Maintenance (I/M)
Programs Using the MOVES Mobile
Source Emissions Model’’ (EPA–420–B–
14–006, January 2014). Rhode Island’s
SIP narrative describes the types of
waivers that will be allowed: Minimum
expenditure waivers; economic
hardship time extensions; and/or a
diagnostic waiver.6 These issues are
dealt with in a manner consistent with
the federal I/M rule. The proper criteria,
procedures, quality assurance and
administration regarding the issuance of
6 A diagnostic waiver applies to vehicle owners
of a vehicle that has failed an emissions inspection,
and subsequent re-inspection, and after undergoing
a complete, documented physical and functional
diagnosis and inspection conducted by the Rhode
Island Division of Motor Vehicles, it is determined
that the vehicle has all emission control devices in
place and operating properly and no additional
repairs are reasonably possible or because a vehicle
is unable to get repaired because the necessary
emission parts are no longer available or no longer
manufactured.
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waivers, consistent with EPA’s I/M rule,
will be ensured by Rhode Island and the
State’s I/M program contractor and are
detailed in section 10 of the SIP
narrative and in the State’s I/M
regulations.
program is included in Rhode Island’s I/
M regulations and the State’s General
Laws. Additional detail of the motorist
compliance enforcement program is
included in section 11 of the SIP
narrative.
K. Motorist Compliance Enforcement
Under EPA’s I/M rule, the SIP must
provide information concerning
motorist enforcement, including: (1) A
description of the existing compliance
mechanism if it will continue to be used
for the program, and the demonstration
that it is as effective, or more effective,
than registration denial enforcement; (2)
an identification of the agencies
responsible for performing each of the
applicable activities in this section; (3)
a description of, and accounting for, all
classes of exempt vehicles; and (4) a
description of the plan for testing fleet
vehicles, and any other special classes
of subject vehicles, such as those
operated (but not necessarily registered)
in the program area. Also, a SIP must
include a determination of the current
compliance rate based on a study of the
system including an estimate of
compliance losses due to loopholes,
counterfeiting, and unregistered
vehicles. Estimates of the effect of
closing such loopholes and otherwise
improving the enforcement mechanism
must be supported with detailed
analyses. In addition, the SIP needs to
include the legal authority to implement
and enforce the program. Lastly, the SIP
must include a commitment to an
enforcement level and minimum
compliance level used for modeling
purposes and to be maintained, at a
minimum, in practice.
The State of Rhode Island has chosen
to use a program of denying registration
to anyone who fails to meet emissions
testing requirements. The motorist
compliance enforcement program will
be implemented primarily by the Rhode
Island DMV. However, State police and
local law enforcement can provide
citations for vehicles not complying
with the I/M program. The enforcement
strategy is described in the Rhode Island
SIP submittal. The enforcement strategy
is designed to ensure a high rate of
compliance. Any motorist who operates
their vehicle on the highways in Rhode
Island that is not in compliance with the
I/M program will face fines and
suspension of their registration. Those
not receiving the emissions test as
scheduled will be subject to fines and
late penalties, and will also be denied
registration when their registration
expires. Rhode Island presently has over
a 96% compliance rate with the
emissions inspection program. The legal
authority to implement and enforce the
L. Motorist Compliance Enforcement
Program Oversight
Under EPA’s I/M rule, the SIP must
include a description of enforcement
program oversight and information
management activities.
The Rhode Island I/M SIP revision
provides for regular auditing of its
enforcement program and adherence to
effective management practices,
including adjustments to improve the
program when necessary. These
program oversight and information
management activities are described in
the SIP narrative, and include a
description of the emissions testing
database and how this system interfaces
with registration records. If a vehicle is
out of compliance with the emissions
testing requirement, registration is
denied. This is done through computer
matching and is directly available to law
enforcement. The SIP describes the
procedures to be followed in identifying
noncomplying vehicles, along with
appropriate follow-up and program
documentation audits in section 12 of
the SIP narrative.
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M. Quality Assurance
Under EPA’s I/M rule, the SIP must
include a description of the quality
assurance program, and written
procedure manuals covering both overt
and covert performance audits, record
audits, and equipment audits.
The Rhode Island SIP submittal
includes a description of the quality
assurance program. The quality
assurance program will include overt
and covert performance audits, digital
audits on station and inspector
performance, and equipment audits.
Rhode Island covers all of its program’s
inspection stations with the
implemented quality assurance plan
and conducts overt and/or covert audits,
both in response to customer complaints
and as targeted follow-up. Detailed
quality assurance/quality control (QA/
QC) procedures are included in the SIP
submittal at section 13 of the SIP
narrative and in the inspection program
service agreement contract.
N. Enforcement Against Contractors,
Stations, and Inspectors
Under EPA’s I/M rule, the SIP must
include a penalty schedule and legal
authority for establishing and imposing
penalties, civil fines, station and
inspector license suspension, and
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revocations. In the case of state
constitutional impediments precluding
immediate authority to suspend
licenses, the State Attorney General
shall furnish an official opinion within
the SIP explaining the constitutional
impediment as well as relevant case
law. The SIP also must describe the
administrative and judicial procedures
and responsibilities relevant to the
enforcement process, including the
agencies, courts, and jurisdictions
involved; personnel to prosecute and
adjudicate cases; and other aspects of
the enforcement of the program
requirements, the resources to be
allocated to the enforcement function,
and the source of those funds. In states
that are without immediate suspension
authority, the SIP must demonstrate that
sufficient resources, personnel, and
systems are in place to meet the threeday case management requirement for
violations that directly affect emission
reductions.
The Rhode Island I/M SIP revision
includes specific penalties in its
enforcement against contractors,
stations and inspectors in accordance
with the federal I/M rule. Based on the
Rhode Island SIP submittal, dated
January 28, 2009 and supplemented on
February 17, 2017, the State’s
enforcement procedures can be pursued
through contractual or regulatory action.
The State, through the contract that it
has been authorized to enter into and
directly under Rhode Island General
Laws at Title 31, Chapter 31–47.1, has
the authority to immediately suspend a
station inspector for violations that
directly affect emission reduction
benefits and a variety of other violations
of procedures. Details on enforcement
against contractors, stations, and
inspectors are found in section 14 of the
SIP submittal narrative.
O. Data Collection, Analysis, and
Reporting
Under EPA’s I/M rule, the SIP must
describe the types of data to be
collected. EPA’s I/M rule also requires
that the SIP describe the procedures for
data analysis and reporting to allow for
monitoring and evaluation of the
program.
The Rhode Island I/M SIP revision
provides for collecting test data to link
specific test results to specific vehicles,
I/M program registrants, test sites, and
inspectors. The test data and quality
control data which will be collected are
described in section 15 of the SIP
narrative and the inspection program
service agreement contract. The data
will be used to generate reports
concerning test data, quality assurance,
quality control, enforcement, as well as
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necessary changes and identified
weaknesses in the I/M program. Rhode
Island has also committed to collecting
all data necessary for quality assurance
and enforcement reports, as required by
section 51.366 of the federal I/M rule.
Details on data analysis and reporting
are found in section 16 of Rhode
Island’s SIP narrative.
P. Inspector Training and Licensing or
Certification
Under EPA’s I/M rule, the SIP must
include a description of the training
program, the written and hands-on tests,
and the licensing or certification
process.
The Rhode Island I/M SIP submittal
provides details on the inspector
training program. The Rhode Island I/M
SIP provides for implementation of
training, licensing, and refresher
programs for emission inspectors. The
SIP and the inspection contract describe
the inspector training program and
curriculum including written and
hands-on testing. All inspectors will be
required to be certified to inspect
vehicles in the Rhode Island I/M
program. Further details of the inspector
training program are included in section
17 of the SIP narrative and Appendix I
of the SIP revision.
Q. Public Information and Consumer
Protection
Under EPA’s I/M rule, the SIP must
include a plan for consumer protection
and informing the public, on an ongoing
basis, of the air quality problems, the
need for and benefits of a motor vehicle
inspection program, and how to find a
qualified repair technician, amongst
other information related to the
requirements of the I/M program.
Rhode Island has implemented a Web
site for the State’s I/M program.7 The
Web site is designed to provide
information to motorists, the general
public, inspectors, and repair
technicians regarding the State’s I/M
program. Rhode Island has the ability to
take in general questions and concerns,
both via a telephone hotline and
electronically via the Web site, and has
established a mechanism by which a
vehicle owner can contest the results of
an inspection. Further details of the
public information and consumer
protection plan are included in the
inspection program service agreement
contract and in section 18 of the SIP
narrative.
7 State of Rhode Island, Division of Motor
Vehicles, Safety and Emissions program Web site:
www.dmv.ri.gov/inspections.
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R. Improving Repair Effectiveness
Under EPA’s I/M rule, the SIP must
include a description of the technical
assistance program to be implemented,
a description of the procedures and
criteria to be used in meeting the
performance monitoring requirements of
this section for enhanced I/M programs,
and a description of the repair
technician training resources available
in the community.
In the SIP submittal, Rhode Island
provided additional detail and a
description of the technical assistance,
performance monitoring and repair
technician training programs to be
implemented. The SIP revision, as
detailed in section 19 of the SIP
narrative, provides for regularly
informing repair facilities about changes
to the inspection program, training
course schedules, common problems,
and potential solutions for particular
engine families, diagnostic tips, repairs,
and other assistance issues. As
described in the SIP submittal, the State
has also ensured that repair technicians
may utilize the telephone hotline, or the
electronic inquiry system on the
program Web site, with any repair
questions or concerns. Performance
monitoring statistics of repair facilities
will be provided to motorists whose
vehicles fail the I/M test, as required in
enhanced I/M areas. The State has
committed to ensure that adequate
repair technician training exists by
establishing training courses at
technical schools in the area.
S. Compliance With Recall Notices
Under EPA’s I/M rule, the SIP must
describe, for enhanced I/M programs,
the procedures used to incorporate the
vehicle recall lists provided into the
inspection or registration database, the
quality control methods used to insure
that recall repairs are properly
documented and tracked, and the
method (inspection failure or
registration denial) used to enforce the
recall requirements. EPA, through a
private contractor, has established the
National On-Board Diagnostics
Clearinghouse which serves, amongst
other functions, as a computerized
database listing all emissions-related
vehicle recalls.8
The Rhode Island I/M SIP will ensure
that vehicles subject to the enhanced I/
M program, that are included in either
a voluntary emission recall or a
remedial plan determination pursuant
to the CAA, have had the appropriate
repairs made prior to inspection.
Section 1.4.5 of the Rhode Island DMV’s
8 National On-Board Diagnostics Clearinghouse
Web site: www.obdclearinghouse.com.
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‘‘Rhode Island Motor Vehicle Safety and
Emissions Control Regulation No. 1’’
requires inspectors to verify whether a
vehicle presented for inspection is in
need of repairs as a result of a recall
notice; if such repairs are required,
motorists with unresolved recall notices
will be required to show proof of
compliance or will be denied the
opportunity for inspection. As described
in section 20 of the SIP narrative, Rhode
Island inspectors have access to the
National On-Board Diagnostics
Clearinghouse.
T. On-Road Testing
Under the CAA and EPA’s I/M rule,
the SIP must include a detailed
description of the on-road testing
program required in enhanced I/M
areas, including the types of testing, test
limits and criteria, the number of
vehicles (the percentage of the fleet) to
be tested, the number of employees to
be dedicated to the on-road testing
effort, the methods for collecting,
analyzing, utilizing, and reporting the
results of on-road testing, and the
portion of the program budget to be
dedicated to on-road testing. Also, the
SIP must include the legal authority
necessary to implement the on-road
testing program, including the authority
to enforce off-cycle inspection and
repair requirements. In addition,
emission reduction credit for on-road
testing programs can only be granted for
a program designed to obtain significant
emission reductions over and above
those predicted to be achieved by other
aspects of the I/M program. The SIP
needs to include technical support for
the claimed additional emission
reductions.
The I/M SIP submitted by Rhode
Island on January 28, 2009, and
supplemented on February 17, 2017,
includes a description of the status of an
on-road testing program in section 21 of
the SIP narrative. Rhode Island’s SIP
highlights that the on-road testing
program implemented consists of testing
using remote sensing technology. Rhode
Island conducts on-road tests using
remote sensing on the appropriate
number of vehicles required by the
federal I/M rule. Since Rhode Island has
not included additional modeling credit
for the on-road portion of the State’s
inspection program when demonstrating
that EPA’s performance standard was
met, the State’s approach is acceptable.
U. Concluding Statement
A more detailed analysis of the SIP
submittal and how Rhode Island meets
the federal requirements is contained in
EPA’s technical support document
(TSD) prepared for this action. The TSD
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is available from the EPA Regional
Office listed above and in the docket for
this action. The criteria used to review
the submitted SIP revisions are based on
the requirements set forth in Section
182 of the CAA and in the federal I/M
regulations, 40 CFR part 51, subpart S.
Based on these requirements, EPA
developed a detailed I/M approvability
checklist to be used nationally to
determine if I/M programs meet the
requirements of the CAA and the federal
I/M rule. The checklist states the federal
requirements, referenced by section of
the rule, and whether the Rhode Island
program meets such requirements. This
checklist, the CAA, and the federal I/M
regulation formed the basis for EPA’s
technical review. EPA has reviewed the
Rhode Island I/M SIP revisions using
the criteria stated above. The Rhode
Island I/M regulations and
accompanying materials contained in
the SIP submittal represent an
acceptable plan to comply with the I/M
requirements and meet all the criteria
required for EPA to approve the SIP
submittal. EPA’s review of the materials
submitted indicates that Rhode Island
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 approvable
vehicle inspection and maintenance
programs, including OBD2. EPA’s
detailed I/M approvability checklist
serves as the TSD for this action.
V. Final Action
EPA is approving the SIP revisions
submitted by the State of Rhode Island
on January 28, 2009, and supplemented
with a SIP revision on February 17,
2017. These SIP revisions contain the
State’s revised vehicle inspection and
maintenance program. Specifically, EPA
is approving the Rhode Island DEM Air
Pollution Control Regulation No. 34
entitled ‘‘Rhode Island Motor Vehicle
Inspection/Maintenance Program’’
(effective January 5, 2009), and the
Rhode Island DMV’s ‘‘Rhode Island
Motor Vehicle Safety and Emissions
Control Regulation No. 1’’ (effective
January 28, 2009), and incorporating
these rules into the Rhode Island SIP.
EPA is approving Rhode Island’s revised
I/M program because it is consistent
with the CAA and EPA’s I/M regulations
and it will strengthen the Rhode Island
SIP.
EPA is publishing this action without
prior proposal because the Agency
views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
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proposal to approve the SIP revision
should relevant adverse comments be
filed. This rule will be effective January
16, 2018 without further notice unless
the Agency receives relevant adverse
comments by December 14, 2017.
If the EPA receives such comments,
then EPA will publish a notice
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on the
proposed rule. All parties interested in
commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on January 16, 2018 and no further
action will be taken on the proposed
rule. Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
VI. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of Rhode
Island’s regulations described in the
amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov,
and/or at the EPA Region 1 Office
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
VII. Statutory and Executive Order
Reviews
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
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Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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).
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 January 16, 2018.
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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
52663
proposed rulemaking. 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, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: October 24, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart OO—Rhode Island
2. In § 52.2070:
a. The table in paragraph (c) is
amended by revising the entries ‘‘Air
Pollution Control Regulation 34’’ and
‘‘Rhode Island Motor Vehicle Safety and
Emissions Control Regulation No. 1’’.
■ b. The table in paragraph (e) is
amended by adding the entry ‘‘I/M SIP
Narrative’’ at the end of the table.
The addition and revisions read as
follows:
■
■
§ 52.2070
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED RHODE ISLAND REGULATIONS
State citation
Title/subject
jstallworth on DSKBBY8HB2PROD with RULES
*
Air Pollution Control
Regulation 34.
*
*
Rhode Island Motor Vehicle Inspection/Maintenance Program.
*
Rhode Island Motor Vehicle Safety and Emissions Control Regulation No. 1.
*
*
Rhode Island Motor Vehicle Inspection/Maintenance Program.
VerDate Sep<11>2014
13:31 Nov 13, 2017
Jkt 244001
PO 00000
State effective
date
1/5/2009
1/28/2009
Frm 00021
EPA approval date
Explanations
*
*
11/14/2017, [insert
Federal Register citation].
*
*
Department of Environmental Management regulation containing I/M standards. Approving
all sections except Section 34.9.3 ‘‘Application’’ which was excluded from the SIP submittal.
*
*
11/14/2017, [insert
Federal Register citation].
*
*
Division of Motor Vehicles regulation for the
light-duty vehicle I/M program. Approving all
sections except Section 1.12.2 ‘‘Penalties’’
and Section 1.13 ‘‘Proceedings for Enforcement’’ which were excluded from the SIP
submittal.
Fmt 4700
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Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations
EPA-APPROVED RHODE ISLAND REGULATIONS—Continued
State citation
*
*
*
State effective
date
Title/subject
*
*
*
*
*
EPA approval date
*
Explanations
*
*
*
(e) * * *
RHODE ISLAND NON REGULATORY
Name of non regulatory
SIP provision
*
I/M SIP Narrative ...........
Applicable geographic
or nonattainment area
*
*
Statewide ..................... Submitted 2/
17/2017.
[FR Doc. 2017–24541 Filed 11–13–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2017–0266; FRL–9970–64–
Region 1]
Air Plan Approval; NH; Approval of
Recordkeeping and Reporting
Requirements and Single Source Order
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of New
Hampshire. The revisions establish
recordkeeping and reporting obligations
for sources of air pollution.
Additionally, we are approving an order
limiting emissions of volatile organic
compounds from a facility in the State.
This action is being taken in accordance
with the Clean Air Act.
DATES: This direct final rule is effective
January 16, 2018, unless EPA receives
adverse comments by December 14,
2017. If adverse comments are 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.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2017–0266 at https://
www.regulations.gov, or via email to
mcconnell.robert@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
jstallworth on DSKBBY8HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
State submittal
date/effective
date
13:31 Nov 13, 2017
Jkt 244001
EPA approved date
Explanations
*
*
11/14/2017, [insert
Federal Register citation].
*
*
Narrative describing how the Rhode Island I/M
program meets the requirements in the federal I/M rule.
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the Web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Bob
McConnell, Environmental Engineer,
Air Quality Planning Unit, Air Programs
Branch (Mail Code OEP05–02), U.S.
Environmental Protection Agency,
Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts 02109–3912;
(617) 918–1046; mcconnell.robert@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. Description and Evaluation of State’s
Submittals
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
a. Env-A 900: Owner or Operator
Recordkeeping and Reporting
Obligations
b. VOC Order for Sturm Ruger & Company
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On February 10, 2017, NH DES
submitted a single source order limiting
emissions of volatile organic
compounds (VOCs) from Sturm Ruger &
Company as a SIP revision request. On
May 11, 2017, NH DES submitted a state
regulation identified as Env-A 900,
Owner or Operator Recordkeeping and
Reporting Obligations, as a SIP revision
request. A description of these
submittals and our evaluation of them
appears below in Section II of this
preamble. Please note that if EPA
receives adverse comment on an
amendment, paragraph, or section of
these rules or on the VOC Order, and if
that provision may be severed from the
remainder of the rule or Order, EPA may
adopt as final those provisions of the
rule or Order that are not the subject of
an adverse comment.
II. Description and Evaluation of State’s
Submittals
a. Env-A 900: Owner or Operator
Recordkeeping and Reporting
Obligations.
On May 11, 2017, NH DES submitted
a state regulation identified as Env-A
900, Owner or Operator Recordkeeping
and Reporting Obligations, as a SIP
revision request. New Hampshire
provided additional material supporting
this request to EPA by letter dated
September 14, 2017. EPA previously
approved a prior version of Env-A 900
within a direct final rule published on
November 5, 2012. 77 FR 66388. Since
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]]>Agencies
[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Rules and Regulations]
[Pages 52655-52664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24541]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2009-0436; FRL-9970-66-Region 1]
Air Plan Approval; Rhode Island; Enhanced Motor Vehicle
Inspection and Maintenance Program
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of Rhode
Island. These revisions include regulations to update the enhanced
motor vehicle inspection and maintenance (I/M) program in Rhode Island.
The revised program includes a test and repair network consisting of
on-board diagnostic (OBD2) testing for model year 1996 and newer
vehicles and tailpipe exhaust test, using a dynamometer, for model year
1995 and older vehicles. The intended effect of this action is to
approve the revised program into the Rhode Island SIP. This action is
being taken in accordance with the Clean Air Act (CAA).
DATES: This direct final rule will be effective January 16, 2018,
unless EPA receives adverse comments by December 14, 2017. If adverse
comments are 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.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2009-0436 at www.regulations.gov, or via email to
garcia.ariel@epa.gov. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the Web, cloud, or
[[Page 52656]]
other file sharing system). For additional submission methods, please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section. For the full EPA public comment policy, information about CBI
or multimedia submissions, and general guidance on making effective
comments, please visit www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston,
MA 02109-3912, telephone number: (617) 918-1660, email:
garcia.ariel@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. What are the Clean Air Act requirements for I/M programs?
III. What are the OBD2 requirements and how does Rhode Island's
program address these requirements?
IV. What are all the other I/M regulatory requirements and how does
Rhode Island's I/M program satisfy these requirements?
A. Applicability
B. Enhanced I/M Performance Standard
C. Network Type and Program Evaluation
D. Adequate Tools and Resources
E. Test Frequency and Convenience
F. Vehicle Coverage
G. Test Procedure and Standards
H. Test Equipment
I. Quality Control
J. Waivers and Compliance via Diagnostic Inspection
K. Motorist Compliance Enforcement
L. Motorist Compliance Enforcement Program Oversight
M. Quality Assurance
N. Enforcement Against Contractors, Stations, and Inspectors
O. Data Collection, Analysis, and Reporting
P. Inspector Training and Licensing or Certification
Q. Public Information and Consumer Protection
R. Improving Repair Effectiveness
S. Compliance With Recall Notices
T. On-Road Testing
U. Concluding Statement
V. Final Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Background and Purpose
On January 28, 2009, the State of Rhode Island submitted a formal
revision to its State Implementation Plan (SIP). This SIP revision
included regulations to update the enhanced motor vehicle inspection
and maintenance (I/M) program in Rhode Island. Rhode Island submitted a
supplement to this 2009 SIP revision on February 17, 2017; this
supplement included the emissions modeling and I/M SIP narrative
required by EPA's I/M regulations. EPA is approving Rhode Island's
revised I/M program because it is consistent with the CAA's I/M
requirements and EPA's I/M regulations, and will strengthen the SIP.
Specifically, the SIP revisions include amendments to the Rhode Island
Department of Environmental Management's (DEM's) Air Pollution Control
Regulation (APCR) No. 34, ``Rhode Island Motor Vehicle Inspection/
Maintenance Program,'' and the Rhode Island Division of Motor Vehicles'
(DMV's) regulation ``Rhode Island Motor Vehicle Safety and Emissions
Control Regulation No. 1,'' and other administrative and technical
documentation required in a SIP submittal to address the requirements
for the implementation of the motor vehicle I/M program in Rhode
Island. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
II. What are the Clean Air Act requirements for I/M programs?
The CAA, 42 U.S.C. 7401 et seq., requires certain states to
implement an enhanced I/M program to detect gasoline-fueled motor
vehicles which emit excessive amounts 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), and includes I/M
requirements for that region. The OTR geographically extends from
northern Virginia to Maine, including the entire state of Rhode Island.
In addition, EPA promulgated I/M regulations at 40 CFR part 51, subpart
S. Depending on the severity of an area's nonattainment classification
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 having areas designated nonattainment for the 1997
8-hour ozone NAAQS (see 40 CFR 81.340 for Rhode Island), and by virtue
of its inclusion in the OTR, Rhode Island has implemented an enhanced
vehicle emissions testing program throughout the entire State. Rhode
Island began implementing an I/M program in January 2000. The Rhode
Island I/M program was first approved into the SIP on February 9,
2001(66 FR 9661), and Rhode Island's SIP submittal included all of the
elements required of an I/M program as specified in 40 CFR part 51,
subpart S. Since that time, the program has been modified in a number
of ways. Most notably it has been changed to a test and repair network,
and now also includes on-board diagnostic (OBD2) testing of model year
1996 and newer vehicles.
III. What are the OBD2 requirements and how does Rhode Island's program
address these requirements?
On April 5, 2001 (66 FR 18156), EPA published in the Federal
Register ``Amendments to Vehicle Inspection and Maintenance Program
Requirements Incorporating the On-Board Diagnostics Check.'' EPA's
revised I/M rule requires that electronic checks of the On-Board
Diagnostics (OBD2) system on model year 1996 and newer OBD2-equipped
motor vehicles be conducted as part of states' motor vehicle I/M
programs. OBD2 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.
OBD2 requirements are a key part of this rulemaking action.
The OBD2 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 OBD2-I/M test site, these monitors can appear as either
``Ready'' (meaning the monitor in question has
[[Page 52657]]
been evaluated, also interchangeably appears as ``Complete'' on some
vehicles), ``Not Ready'' (meaning the monitor has not yet been
evaluated, also interchangeably appears as ``Not Complete'' on some
vehicles), or ``Unsupported'' (meaning the vehicle is not equipped with
the component monitor in question and the monitor is not applicable).
The monitors that are available in a certain vehicle's emission control
design are referred to as being ``Supported,'' and only supported
monitors need to be evaluated by the vehicle's computer to ultimately
receive a ``Ready'' or ``Not Ready'' designation.
The OBD2 system is also designed to fully evaluate the vehicle's
emissions control system. If the OBD2 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 OBD2 system notifies the
vehicle operator that an emissions-related fault has been detected and
the vehicle should be repaired as soon as possible, thus reducing the
harmful emissions contributed by the vehicle.
EPA's revised OBD2 I/M rule applies to those areas that are
required to implement I/M programs under the CAA, which includes Rhode
Island. The revised I/M program submitted by Rhode Island on January
28, 2009, and supplemented on February 17, 2017, includes OBD2 testing
for model year 1996 and newer vehicles, and continues to require that
1995 and older vehicles (up to 25 years old) continue to receive a
tailpipe emissions test using a dynamometer to meet the previously SIP-
approved exhaust emissions standards,\1\ or a two-speed idle test for
vehicles with drive configurations that prevents a dynamometer test.
Rhode Island's motor vehicle I/M program conducts OBD2 tests on
gasoline and diesel powered light-duty vehicles; light-duty vehicles
being those vehicles with a gross vehicle weight rating (GVWR) of up to
and including 8,500 pounds.
---------------------------------------------------------------------------
\1\ Rhode Island's previous I/M SIP submittal was approved on
February 9, 2001 (66 FR 9661). Although Rhode Island only requires
compliance with the emissions testing program of vehicles up to 25
model years old, Rhode Island does conduct an advisory-only
emissions test on all vehicles regardless of age, in conjunction
with the safety inspection conducted on those older vehicles.
---------------------------------------------------------------------------
EPA's OBD2 program requires scan tool equipment to read the
vehicle's built-in computer sensors in model year 1996 and newer
vehicles. The OBD2-I/M check consists of two types of examination: A
visual check of the dashboard display function and status; and an
electronic examination of the OBD2 computer itself. The failure
criteria for OBD2 testing is any Diagnostic Trouble Code (DTC) or
combination of DTCs that result in the MIL to be commanded on. A DTC is
a code that indicates a malfunction in an emission control system or
component which may cause emissions to increase to 1.5 times the limit
due to the malfunction. Rhode Island has incorporated these OBD2
program elements into its program.
If the OBD2 scan reveals DTCs that have not commanded the MIL on,
the motorist should be advised of the issue, but the vehicle should not
be failed unless other non-DTC based failure criteria have been met.
Vehicles may fail an inspection if the vehicle connector is missing,
tampered with or otherwise inoperable, if the MIL is commanded and is
not visually illuminated, and if the MIL is commanded on for one or
more DTCs as defined in the Society of Automotive Engineering (SAE)
J2012 guidance document, and EPA regulations.
Vehicles are rejected from testing if the scan of the OBD2 system
reveals a ``Not Ready'' code for any OBD2 component. EPA's Final
Implementation Guidance (``Performing Onboard Diagnostic System Checks
as part of a Vehicle Inspection and Maintenance Program,'' EPA 420-R-
01-015, June 2001) allows states the flexibility to permit model year
1996 to 2000 vehicles with two or fewer unset readiness codes, and
model year 2001 and newer vehicles with one unset readiness code to
complete an OBD2-I/M inspection without being rejected. Vehicles would
still fail if the MIL was commanded on or if other failure criteria
were met, or be rejected from inspection if three or more unset
readiness codes were encountered. If the MIL is not commanded to be
illuminated the vehicle would pass the OBD2 inspection even if DTCs are
present. Rhode Island's testing program is consistent with the EPA
recommended readiness failure criteria. Rhode Island DEM's APCR No. 34
requires that the program meet the OBD2 testing requirements and
procedures set forth in 40 CFR 85.2222.\2\
---------------------------------------------------------------------------
\2\ Rhode Island's Air Pollution Control Regulation No. 34, at
subsection 34.5, directly cites, and therefore incorporates by
reference, the federal regulation at 40 CFR 85.2222. For purposes of
the federal SIP, EPA interprets Rhode Island's regulation as
incorporating by reference the version of 40 CFR 85.2222 as amended
on April 5, 2001 (66 FR 18156), rather than prospectively
incorporating any future changes to 40 CFR 85.2222.
---------------------------------------------------------------------------
EPA believes that for an OBD2-I/M test program to be most
effective, it should be designed to allow for: (1) Real-time data link
connections to a centralized testing database; (2) quality-controlled
input of vehicles and owner identification information; and (3)
automated generation of test reports. Rhode Island has incorporated
these OBD2 program elements into the State's I/M program.
IV. What are all the other I/M regulatory requirements and how does
Rhode Island's I/M program satisfy these requirements?
A. Applicability
As previously stated above, 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. Rhode Island has had varying
nonattainment designations and classifications for the ozone NAAQS.\3\
Nonetheless, Section 184 of the CAA requires areas in the OTR (such as
Rhode Island), to implement enhanced vehicle I/M programs.
---------------------------------------------------------------------------
\3\ See Nonattainment Areas for Criteria Pollutants at
www.epa.gov/green-book.
---------------------------------------------------------------------------
The SIP describes in detail the areas subject to the enhanced I/M
program and, consistent with 40 CFR 51.372, includes the legal
authority necessary to establish program boundaries. The Rhode Island
I/M regulations (RI DEM's APCR No. 34 ``Rhode Island Motor Vehicle
Inspection/Maintenance Program,'' and RI DMV's ``Rhode Island Motor
Vehicle Safety and Emissions Control Regulation No. 1'') and
authorizing legislation (Rhode Island General Laws at Title 31, Chapter
31-47.1) ensure that the enhanced I/M program be implemented statewide.
B. Enhanced I/M Performance Standard
Today's rulemaking discusses the I/M program designed, in part, to
meet the enhanced I/M performance standard for ozone precursors in
Rhode Island. EPA's performance standard establishes an emission
reduction target that must be met by an I/M program in order for the
SIP to be approvable. The program, as documented in the SIP, must meet
the performance standard in actual operation, with provisions for
appropriate adjustments if the standard is not met.
The emissions modeling conducted as part of the performance
standard evaluation in the I/M SIP submittal illustrates that the
revised Rhode Island I/M program, contained in the January 28, 2009 and
February 17, 2017 SIP revisions, is more stringent than the federally-
required performance
[[Page 52658]]
standard, and more stringent than Rhode Island's preceding I/M program
approved into the SIP on February 9, 2001 (66 FR 9661). Thus, these
Rhode Island SIP revisions satisfy the requirements of the CAA Section
110(l) because the SIP revision will not interfere with any applicable
requirement concerning attainment and reasonable further progress, or
with any other applicable requirement of the CAA.
Included in Rhode Island's February 17, 2017 submittal is the
appropriate vehicle emission modeling demonstration, using EPA's MOtor
Vehicle Emissions Simulator Model (MOVES), considering the required
performance standards and the actual Rhode Island program as it is
currently being implemented statewide, as well as a comparison to the
preceding I/M program approved on February 9, 2001 (66 FR 9661), that
the State is no longer implementing. The modeling runs considered
evaluations with 2015, 2016, and 2017 compliance dates. Rhode Island
has demonstrated that reductions from its updated program are greater
than those achieved by the preceding I/M program, and the EPA
performance standard. The MOVES modeling performed reflects the fact
that Rhode Island tests all gasoline-powered vehicles that are less
than 25 years old. Model year 1996 and newer vehicles are tested with
OBD2, and pre-1996 vehicles (i.e., they are not equipped with OBD2
technology) are tested using an exhaust dynamometer test. Vehicles are
tested every other year, and vehicles up to 2 years old that have
driven less than 24,000 miles are not tested. Vehicle testing
requirements are included in APCR No. 34, and details of meeting the
performance standard are included in section 2 of the SIP narrative.
C. Network Type and Program Evaluation
Under the CAA and EPA's I/M rule, the SIP must include a
description of the network to be employed and the required legal
authority. Also, for enhanced I/M areas, the SIP needs to include a
description of the evaluation schedule and protocol, the sampling
methodology, the data collection and analysis system, the resources and
personnel for evaluation and related details of the evaluation program,
as well as the legal authority establishing the evaluation program.
Rhode Island has maintained its decentralized test and repair I/M
network program design utilizing contractors to manage and oversee the
inspection portion of the program. Rhode Island's decentralized
infrastructure meets all the federal I/M requirements. Rhode Island has
implemented a continuous ongoing evaluation program consistent with the
federal I/M rule. Rhode Island commits to developing and submitting the
annual and biennial reports described by 40 CFR 51.366 and the results
of the evaluation programs are included in the annual and biennial
reports. In addition, the ongoing evaluation program consists of
conducting on-road testing, as required by 40 CFR 51.371, by using
remote sensing to test the emissions performance of the required amount
of vehicles in the State's motor vehicle fleet. The remote sensing data
collected by Rhode Island continually supports that the Rhode Island I/
M program is efficiently reducing emissions. Rhode Island has
sufficient legal authority to implement this contractor managed program
in concert with local inspection stations and to conduct the program
evaluation, as necessary to implement I/M consistent with federal
requirements. Details of the network type and program evaluation are
included in section 3 of the SIP narrative.
D. Adequate Tools and Resources
Under the CAA and EPA's I/M rule, the SIP must include a
description of the resources that will be used for program operation
and must discuss how the performance standard will be met, including:
(1) A detailed budget plan describing the source of funds for
personnel, program administration, program enforcement, purchase of
necessary equipment (such as vehicles for undercover audits), and for
other requirements discussed throughout the I/M rule; and (2) a
description of personnel resources, the number of personnel dedicated
to overt and covert auditing, data analysis, program administration,
enforcement, and other necessary functions, and the training attendant
to each function.
Rhode Island operates a self-funded I/M program, in which, revenue
from the inspection fee charged to motorists is used for all expenses
associated with the administration, implementation, and enforcement of
the enhanced I/M program. The Rhode Island DEM provides additional
support to the I/M program by providing a full-time ``Air Quality
Specialist'' that devotes 100% of staff time to serving as a DEM to the
Rhode Island DMV's operation of the Rhode Island I/M program. Rhode
Island has adequate staff dedicated to overt and covert auditing, data
analysis, program administration, enforcement, and other necessary
program functions. Section 4 of the State's SIP narrative, and the
appendices to the SIP narrative, describe the budget, staffing support,
and equipment needed to implement the program.
E. Test Frequency and Convenience
Under EPA's I/M rule, the SIP must include a detailed test
schedule, including the test year selection scheme if testing is other
than annual. The SIP must also include the legal authority necessary to
implement and enforce the test frequency requirement and explain how
the test frequency will be integrated with the enforcement process. In
addition, in enhanced I/M programs, the SIP needs to demonstrate that
the network of stations providing testing services is sufficient to
ensure customer convenience by providing short waiting times for a
test, and short driving distances to the test center.
The Rhode Island SIP revision requires biennial inspections for all
subject motor vehicles that are at least two years old, or newer
vehicles that have driven at least 24,000 miles. The inspections are
conducted based on when the vehicle is initially purchased. To provide
motorist's convenience, Rhode Island has set geographic criteria
ensuring that at least one testing facility is located in each city or
town in the State. Section 5 of the SIP narrative and the contract with
the I/M program vendor includes additional information for ensuring
convenient testing wait times and convenient testing locations. The
authority for enforcing the testing frequency is contained in the Rhode
Island DMV's ``Rhode Island Motor Vehicle Safety and Emissions Control
Regulation No. 1,'' covering the emissions testing of light-duty
vehicles in Rhode Island.
F. Vehicle Coverage
Under EPA's I/M rule, the SIP must include a detailed description
of the number and types of vehicles to be covered by the program, and a
plan for identifying subject vehicles, including vehicles that are
routinely operated in the area but may not be registered in the area.
Also, the SIP must include a description of any special exemptions
which will be granted by the program, and an estimate of the percentage
and number of vehicles granted such exemptions. Such exemptions need to
be accounted for in the emission reduction analysis. In addition, the
SIP needs to include legal authority necessary to implement and enforce
the vehicle coverage requirement.
The Rhode Island I/M program covers all light-duty vehicles and
light-duty trucks, rated up to and including 8,500 pounds GVWR,
operating on all fuel
[[Page 52659]]
types, as required by the federal I/M rule for enhanced programs. Rhode
Island requires biennial testing of vehicles, which are less than 25
years old, except any new motor vehicle until twenty-four months after
its date of initial purchase or 24,000 miles, whichever occurs first.
In addition, Rhode Island's enhanced I/M program covers any motor
vehicle fleets, including all federal, state, and municipal fleets; as
well as any motor vehicle operating on the highways of Rhode Island
with a dealer registration, loan agreement, or being operated as a
demonstration vehicle.
Rhode Island exempts special classes of vehicles from the emissions
testing program being approved in today's Direct Final Rulemaking,
including: Vehicles older than 25 model years old; \4\ new vehicles
until 24 months after its date of initial purchase or until such new
vehicle has been driven for 24,000 miles, whichever occurs first;
tactical military vehicles; electric vehicles; competition and off-road
vehicles used solely for off-highway activities; motorized wheelchairs;
motorcycles; farm tractors; and special mobile equipment. Rhode
Island's I/M program also provides a temporary exemption from the
emissions testing requirement for vehicles that may be temporarily out
of State, but the operator of such a vehicle must obtain an emissions
inspection within five days of returning to the State. In addition,
vehicles owned or controlled by a dealer are granted a temporary
exemption for the first five days after the vehicle is owned or
controlled by the dealer. Based on information provided in the SIP
submittal, Rhode Island has shown that such exemptions will not prevent
the program from achieving the EPA-required performance standard.
Additional detail supporting this conclusion was included in section 6
of the SIP narrative. Legal authority for the vehicle coverage
requirements are contained in the Rhode Island I/M regulations (RI
DEM's APCR No. 34 ``Rhode Island Motor Vehicle Inspection/Maintenance
Program,'' and RI DMV's ``Rhode Island Motor Vehicle Safety and
Emissions Control Regulation No. 1''), and the authorizing legislation
(Rhode Island General Laws at Title 31, Chapter 31-47.1).
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\4\ Section 1.3.1 of the Rhode Island DMV's ``Rhode Island Motor
Vehicle Safety and Emissions Control Regulation No. 1'' states that
Rhode Island exempts ``any model year vehicle 25 years old or older
from the requirement to obtain repairs in order to comply, but such
vehicles must undergo an emissions inspection.''
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G. Test Procedures and Standards
Under EPA's I/M rule, the SIP must include a description of each
test procedure used. The SIP also must include the rule, ordinance, or
law describing and establishing the test procedures. Rhode Island's
enhanced I/M program requires that all vehicles, equipped with OBD2
technology, be subjected to an OBD2 inspection. Rhode Island gasoline-
powered vehicles are tested using one of three methods: (1) OBD2
testing, (2) a dynamometer test to test tailpipe exhaust emissions, or
(3) a two-speed idle test. Rhode Island diesel-powered vehicles are
tested using one of two methods: (1) An OBD2 test on OBD2-equipped
diesel vehicles, or (2) a dynamometer opacity test. The Rhode Island I/
M SIP revision and associated regulations obligate the State to perform
OBD2 testing on all model year 1996 and newer vehicles, in accordance
with EPA procedures. All model year 1995 and older covered vehicles,
excluding full time four-wheel-drive vehicles, continue to receive a
tailpipe emissions test using a dynamometer to meet the previously SIP-
approved exhaust emissions standards for gasoline-powered vehicles or
opacity emission standards for diesel-powered vehicles. A gasoline-
powered vehicle which cannot be tested using either OBD2 or the
dynamometer test, will be given a two-speed idle test.\5\ Rhode
Island's OBD2 testing procedures are based on the testing procedures
established by EPA for light-duty vehicles in 40 CFR 85.2222. Details
of the test procedures and standards are included in Rhode Island's I/M
regulations and in section 7 of the SIP narrative.
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\5\ Gasoline and diesel powered vehicles with known issues with
readiness monitors, or lack of electronic communication, cannot be
tested using OBD2. Full time four-wheel-drive vehicles cannot be
tested on a dynamometer. Diesel-powered vehicles that cannot be
tested on a dynamometer will not be subjected to an emissions test.
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H. Test Equipment
Under EPA's I/M rule, the SIP must include written technical
specifications for all test equipment used in the program and address
each of the requirements set forth at 40 CFR 51.358. The specifications
must describe the emission analysis process, the necessary test
equipment, the required features, and written acceptance testing
criteria and procedures.
Rhode Island's SIP submittal provides written equipment
specifications as contained in EPA's Final Implementation Guidance and
the appendices of EPA's I/M rule. The Rhode Island SIP submission and
its appendices address the requirements in 40 CFR 51.358 and include
descriptions of performance features and functional characteristics of
the computerized test systems. The SIP submittal references 40 CFR part
51 and Part 85, and are consistent with the procedures outlined in 40
CFR 85.2222 and EPA's June 2001 Final Implementation Guidance. The
necessary test equipment, required features, and acceptance testing
criteria are discussed in section 8 of the Rhode Island SIP narrative.
I. Quality Control
Under EPA's I/M rule, the SIP must include a description of quality
control and recordkeeping procedures. The SIP also must include the
procedures manual, rule, and ordinance or law describing and
establishing quality control procedures and requirements.
The Rhode Island I/M SIP narrative and contract contain
descriptions and requirements establishing the quality control
procedures in accordance with the federal I/M rule and EPA's Final
Implementation Guidance. These requirements will help ensure that
equipment calibrations are properly performed and recorded and that the
necessary compliance document security is maintained. As described in
section 9 of the SIP narrative, the Rhode Island SIP complies with all
specifications for quality control set forth in Section 51.359 and
Appendix A of the federal I/M rule, and EPA's Final Implementation
Guidance.
J. Waivers and Compliance via Diagnostic Inspection
Under EPA's I/M rule, the SIP must include a maximum waiver rate
expressed as a percentage of initially failed vehicles. This waiver
rate is used for estimating emission reduction benefits in the modeling
analysis. Corrective action must be taken if the waiver rate exceeds
that estimated in the SIP, or a state must revise its SIP and claim
emission reductions accordingly. The SIP also must describe the waiver
criteria and procedures, including cost limits, quality assurance
methods and measures, and administration. Lastly, the SIP must include
the necessary legal authority, ordinance(s), or rules to issue waivers,
set and adjust cost limits as required, and carry out any other
functions necessary to administer the waiver system, including
enforcement of the waiver provisions.
Cost limits for the minimum expenditure waivers must be in
accordance with the CAA and the federal I/M rule. According to federal
requirements, expenditures of at least $450 for actual, non-tampering
related repairs, must be spent in order to
[[Page 52660]]
qualify for a waiver in an enhanced I/M program; this amount shall be
adjusted annually according to changes in the Consumer Price Index as
specified in 40 CFR 51.360(a)(7). Rhode Island DMV's ``Rhode Island
Motor Vehicle Safety and Emissions Control Regulation No. 1'' at
section 1.9.1(d) allows for waivers to be issued which meet minimum
repair expenditures in accordance with the federal I/M rule. Section 10
of Rhode Island's SIP narrative describes that expenditure waivers are
allowed to be issued if a motorist makes an expenditure of at least
$700 on actual, non-tampering related repairs on a vehicle that still
does not pass the required emissions test. Rhode Island intends to
annually update the cost to receive a waiver from the emissions testing
program in accordance with federal requirements. In addition, Rhode
Island allows for an economic hardship time extension as allowed under
EPA's rule. Rhode Island has demonstrated that it can meet the enhanced
I/M performance standard testing with the I/M program as it is
described in the SIP submittal.
The Rhode Island I/M program commits to a waiver rate of one
percent per inspection cycle, that is, a maximum of 1% of initially
failed vehicles are allowed to receive a waiver in a given two-year
period. The 1% waiver rate is used in the performance standard modeling
demonstration discussed in Section IV.B., ``Enhanced I/M Performance
Standard,'' of today's rulemaking. The 1% waiver rate is incorporated
into the performance standard modeling demonstration in accordance with
EPA's modeling guidance, ``Performance Standard Modeling for New and
Existing Vehicle Inspection and Maintenance (I/M) Programs Using the
MOVES Mobile Source Emissions Model'' (EPA-420-B-14-006, January 2014).
Rhode Island's SIP narrative describes the types of waivers that will
be allowed: Minimum expenditure waivers; economic hardship time
extensions; and/or a diagnostic waiver.\6\ These issues are dealt with
in a manner consistent with the federal I/M rule. The proper criteria,
procedures, quality assurance and administration regarding the issuance
of waivers, consistent with EPA's I/M rule, will be ensured by Rhode
Island and the State's I/M program contractor and are detailed in
section 10 of the SIP narrative and in the State's I/M regulations.
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\6\ A diagnostic waiver applies to vehicle owners of a vehicle
that has failed an emissions inspection, and subsequent re-
inspection, and after undergoing a complete, documented physical and
functional diagnosis and inspection conducted by the Rhode Island
Division of Motor Vehicles, it is determined that the vehicle has
all emission control devices in place and operating properly and no
additional repairs are reasonably possible or because a vehicle is
unable to get repaired because the necessary emission parts are no
longer available or no longer manufactured.
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K. Motorist Compliance Enforcement
Under EPA's I/M rule, the SIP must provide information concerning
motorist enforcement, including: (1) A description of the existing
compliance mechanism if it will continue to be used for the program,
and the demonstration that it is as effective, or more effective, than
registration denial enforcement; (2) an identification of the agencies
responsible for performing each of the applicable activities in this
section; (3) a description of, and accounting for, all classes of
exempt vehicles; and (4) a description of the plan for testing fleet
vehicles, and any other special classes of subject vehicles, such as
those operated (but not necessarily registered) in the program area.
Also, a SIP must include a determination of the current compliance rate
based on a study of the system including an estimate of compliance
losses due to loopholes, counterfeiting, and unregistered vehicles.
Estimates of the effect of closing such loopholes and otherwise
improving the enforcement mechanism must be supported with detailed
analyses. In addition, the SIP needs to include the legal authority to
implement and enforce the program. Lastly, the SIP must include a
commitment to an enforcement level and minimum compliance level used
for modeling purposes and to be maintained, at a minimum, in practice.
The State of Rhode Island has chosen to use a program of denying
registration to anyone who fails to meet emissions testing
requirements. The motorist compliance enforcement program will be
implemented primarily by the Rhode Island DMV. However, State police
and local law enforcement can provide citations for vehicles not
complying with the I/M program. The enforcement strategy is described
in the Rhode Island SIP submittal. The enforcement strategy is designed
to ensure a high rate of compliance. Any motorist who operates their
vehicle on the highways in Rhode Island that is not in compliance with
the I/M program will face fines and suspension of their registration.
Those not receiving the emissions test as scheduled will be subject to
fines and late penalties, and will also be denied registration when
their registration expires. Rhode Island presently has over a 96%
compliance rate with the emissions inspection program. The legal
authority to implement and enforce the program is included in Rhode
Island's I/M regulations and the State's General Laws. Additional
detail of the motorist compliance enforcement program is included in
section 11 of the SIP narrative.
L. Motorist Compliance Enforcement Program Oversight
Under EPA's I/M rule, the SIP must include a description of
enforcement program oversight and information management activities.
The Rhode Island I/M SIP revision provides for regular auditing of
its enforcement program and adherence to effective management
practices, including adjustments to improve the program when necessary.
These program oversight and information management activities are
described in the SIP narrative, and include a description of the
emissions testing database and how this system interfaces with
registration records. If a vehicle is out of compliance with the
emissions testing requirement, registration is denied. This is done
through computer matching and is directly available to law enforcement.
The SIP describes the procedures to be followed in identifying
noncomplying vehicles, along with appropriate follow-up and program
documentation audits in section 12 of the SIP narrative.
M. Quality Assurance
Under EPA's I/M rule, the SIP must include a description of the
quality assurance program, and written procedure manuals covering both
overt and covert performance audits, record audits, and equipment
audits.
The Rhode Island SIP submittal includes a description of the
quality assurance program. The quality assurance program will include
overt and covert performance audits, digital audits on station and
inspector performance, and equipment audits. Rhode Island covers all of
its program's inspection stations with the implemented quality
assurance plan and conducts overt and/or covert audits, both in
response to customer complaints and as targeted follow-up. Detailed
quality assurance/quality control (QA/QC) procedures are included in
the SIP submittal at section 13 of the SIP narrative and in the
inspection program service agreement contract.
N. Enforcement Against Contractors, Stations, and Inspectors
Under EPA's I/M rule, the SIP must include a penalty schedule and
legal authority for establishing and imposing penalties, civil fines,
station and inspector license suspension, and
[[Page 52661]]
revocations. In the case of state constitutional impediments precluding
immediate authority to suspend licenses, the State Attorney General
shall furnish an official opinion within the SIP explaining the
constitutional impediment as well as relevant case law. The SIP also
must describe the administrative and judicial procedures and
responsibilities relevant to the enforcement process, including the
agencies, courts, and jurisdictions involved; personnel to prosecute
and adjudicate cases; and other aspects of the enforcement of the
program requirements, the resources to be allocated to the enforcement
function, and the source of those funds. In states that are without
immediate suspension authority, the SIP must demonstrate that
sufficient resources, personnel, and systems are in place to meet the
three-day case management requirement for violations that directly
affect emission reductions.
The Rhode Island I/M SIP revision includes specific penalties in
its enforcement against contractors, stations and inspectors in
accordance with the federal I/M rule. Based on the Rhode Island SIP
submittal, dated January 28, 2009 and supplemented on February 17,
2017, the State's enforcement procedures can be pursued through
contractual or regulatory action. The State, through the contract that
it has been authorized to enter into and directly under Rhode Island
General Laws at Title 31, Chapter 31-47.1, has the authority to
immediately suspend a station inspector for violations that directly
affect emission reduction benefits and a variety of other violations of
procedures. Details on enforcement against contractors, stations, and
inspectors are found in section 14 of the SIP submittal narrative.
O. Data Collection, Analysis, and Reporting
Under EPA's I/M rule, the SIP must describe the types of data to be
collected. EPA's I/M rule also requires that the SIP describe the
procedures for data analysis and reporting to allow for monitoring and
evaluation of the program.
The Rhode Island I/M SIP revision provides for collecting test data
to link specific test results to specific vehicles, I/M program
registrants, test sites, and inspectors. The test data and quality
control data which will be collected are described in section 15 of the
SIP narrative and the inspection program service agreement contract.
The data will be used to generate reports concerning test data, quality
assurance, quality control, enforcement, as well as necessary changes
and identified weaknesses in the I/M program. Rhode Island has also
committed to collecting all data necessary for quality assurance and
enforcement reports, as required by section 51.366 of the federal I/M
rule. Details on data analysis and reporting are found in section 16 of
Rhode Island's SIP narrative.
P. Inspector Training and Licensing or Certification
Under EPA's I/M rule, the SIP must include a description of the
training program, the written and hands-on tests, and the licensing or
certification process.
The Rhode Island I/M SIP submittal provides details on the
inspector training program. The Rhode Island I/M SIP provides for
implementation of training, licensing, and refresher programs for
emission inspectors. The SIP and the inspection contract describe the
inspector training program and curriculum including written and hands-
on testing. All inspectors will be required to be certified to inspect
vehicles in the Rhode Island I/M program. Further details of the
inspector training program are included in section 17 of the SIP
narrative and Appendix I of the SIP revision.
Q. Public Information and Consumer Protection
Under EPA's I/M rule, the SIP must include a plan for consumer
protection and informing the public, on an ongoing basis, of the air
quality problems, the need for and benefits of a motor vehicle
inspection program, and how to find a qualified repair technician,
amongst other information related to the requirements of the I/M
program.
Rhode Island has implemented a Web site for the State's I/M
program.\7\ The Web site is designed to provide information to
motorists, the general public, inspectors, and repair technicians
regarding the State's I/M program. Rhode Island has the ability to take
in general questions and concerns, both via a telephone hotline and
electronically via the Web site, and has established a mechanism by
which a vehicle owner can contest the results of an inspection. Further
details of the public information and consumer protection plan are
included in the inspection program service agreement contract and in
section 18 of the SIP narrative.
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\7\ State of Rhode Island, Division of Motor Vehicles, Safety
and Emissions program Web site: www.dmv.ri.gov/inspections.
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R. Improving Repair Effectiveness
Under EPA's I/M rule, the SIP must include a description of the
technical assistance program to be implemented, a description of the
procedures and criteria to be used in meeting the performance
monitoring requirements of this section for enhanced I/M programs, and
a description of the repair technician training resources available in
the community.
In the SIP submittal, Rhode Island provided additional detail and a
description of the technical assistance, performance monitoring and
repair technician training programs to be implemented. The SIP
revision, as detailed in section 19 of the SIP narrative, provides for
regularly informing repair facilities about changes to the inspection
program, training course schedules, common problems, and potential
solutions for particular engine families, diagnostic tips, repairs, and
other assistance issues. As described in the SIP submittal, the State
has also ensured that repair technicians may utilize the telephone
hotline, or the electronic inquiry system on the program Web site, with
any repair questions or concerns. Performance monitoring statistics of
repair facilities will be provided to motorists whose vehicles fail the
I/M test, as required in enhanced I/M areas. The State has committed to
ensure that adequate repair technician training exists by establishing
training courses at technical schools in the area.
S. Compliance With Recall Notices
Under EPA's I/M rule, the SIP must describe, for enhanced I/M
programs, the procedures used to incorporate the vehicle recall lists
provided into the inspection or registration database, the quality
control methods used to insure that recall repairs are properly
documented and tracked, and the method (inspection failure or
registration denial) used to enforce the recall requirements. EPA,
through a private contractor, has established the National On-Board
Diagnostics Clearinghouse which serves, amongst other functions, as a
computerized database listing all emissions-related vehicle recalls.\8\
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\8\ National On-Board Diagnostics Clearinghouse Web site:
www.obdclearinghouse.com.
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The Rhode Island I/M SIP will ensure that vehicles subject to the
enhanced I/M program, that are included in either a voluntary emission
recall or a remedial plan determination pursuant to the CAA, have had
the appropriate repairs made prior to inspection. Section 1.4.5 of the
Rhode Island DMV's
[[Page 52662]]
``Rhode Island Motor Vehicle Safety and Emissions Control Regulation
No. 1'' requires inspectors to verify whether a vehicle presented for
inspection is in need of repairs as a result of a recall notice; if
such repairs are required, motorists with unresolved recall notices
will be required to show proof of compliance or will be denied the
opportunity for inspection. As described in section 20 of the SIP
narrative, Rhode Island inspectors have access to the National On-Board
Diagnostics Clearinghouse.
T. On-Road Testing
Under the CAA and EPA's I/M rule, the SIP must include a detailed
description of the on-road testing program required in enhanced I/M
areas, including the types of testing, test limits and criteria, the
number of vehicles (the percentage of the fleet) to be tested, the
number of employees to be dedicated to the on-road testing effort, the
methods for collecting, analyzing, utilizing, and reporting the results
of on-road testing, and the portion of the program budget to be
dedicated to on-road testing. Also, the SIP must include the legal
authority necessary to implement the on-road testing program, including
the authority to enforce off-cycle inspection and repair requirements.
In addition, emission reduction credit for on-road testing programs can
only be granted for a program designed to obtain significant emission
reductions over and above those predicted to be achieved by other
aspects of the I/M program. The SIP needs to include technical support
for the claimed additional emission reductions.
The I/M SIP submitted by Rhode Island on January 28, 2009, and
supplemented on February 17, 2017, includes a description of the status
of an on-road testing program in section 21 of the SIP narrative. Rhode
Island's SIP highlights that the on-road testing program implemented
consists of testing using remote sensing technology. Rhode Island
conducts on-road tests using remote sensing on the appropriate number
of vehicles required by the federal I/M rule. Since Rhode Island has
not included additional modeling credit for the on-road portion of the
State's inspection program when demonstrating that EPA's performance
standard was met, the State's approach is acceptable.
U. Concluding Statement
A more detailed analysis of the SIP submittal and how Rhode Island
meets the federal requirements is contained in EPA's technical support
document (TSD) prepared for this action. The TSD is available from the
EPA Regional Office listed above and in the docket for this action. The
criteria used to review the submitted SIP revisions are based on the
requirements set forth in Section 182 of the CAA and in the federal I/M
regulations, 40 CFR part 51, subpart S. Based on these requirements,
EPA developed a detailed I/M approvability checklist to be used
nationally to determine if I/M programs meet the requirements of the
CAA and the federal I/M rule. The checklist states the federal
requirements, referenced by section of the rule, and whether the Rhode
Island program meets such requirements. This checklist, the CAA, and
the federal I/M regulation formed the basis for EPA's technical review.
EPA has reviewed the Rhode Island I/M SIP revisions using the criteria
stated above. The Rhode Island I/M regulations and accompanying
materials contained in the SIP submittal represent an acceptable plan
to comply with the I/M requirements and meet all the criteria required
for EPA to approve the SIP submittal. EPA's review of the materials
submitted indicates that Rhode Island 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 approvable vehicle inspection and
maintenance programs, including OBD2. EPA's detailed I/M approvability
checklist serves as the TSD for this action.
V. Final Action
EPA is approving the SIP revisions submitted by the State of Rhode
Island on January 28, 2009, and supplemented with a SIP revision on
February 17, 2017. These SIP revisions contain the State's revised
vehicle inspection and maintenance program. Specifically, EPA is
approving the Rhode Island DEM Air Pollution Control Regulation No. 34
entitled ``Rhode Island Motor Vehicle Inspection/Maintenance Program''
(effective January 5, 2009), and the Rhode Island DMV's ``Rhode Island
Motor Vehicle Safety and Emissions Control Regulation No. 1''
(effective January 28, 2009), and incorporating these rules into the
Rhode Island SIP. EPA is approving Rhode Island's revised I/M program
because it is consistent with the CAA and EPA's I/M regulations and it
will strengthen the Rhode Island SIP.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective January
16, 2018 without further notice unless the Agency receives relevant
adverse comments by December 14, 2017.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on January 16, 2018 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
VI. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of Rhode
Island's regulations described in the amendments to 40 CFR part 52 set
forth below. EPA has made, and will continue to make, these materials
generally available through www.regulations.gov, and/or at the EPA
Region 1 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
VII. Statutory and Executive Order Reviews
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
[[Page 52663]]
Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR
3821, January 21, 2011);
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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).
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 January 16, 2018. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 24, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart OO--Rhode Island
0
2. In Sec. 52.2070:
0
a. The table in paragraph (c) is amended by revising the entries ``Air
Pollution Control Regulation 34'' and ``Rhode Island Motor Vehicle
Safety and Emissions Control Regulation No. 1''.
0
b. The table in paragraph (e) is amended by adding the entry ``I/M SIP
Narrative'' at the end of the table.
The addition and revisions read as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Air Pollution Control Rhode Island Motor 1/5/2009 11/14/2017, Department of
Regulation 34. Vehicle [insert Federal Environmental
Inspection/ Register Management regulation
Maintenance citation]. containing I/M
Program. standards. Approving
all sections except
Section 34.9.3
``Application'' which
was excluded from the
SIP submittal.
* * * * * * *
Rhode Island Motor Vehicle Rhode Island Motor 1/28/2009 11/14/2017, Division of Motor
Safety and Emissions Control Vehicle [insert Federal Vehicles regulation
Regulation No. 1. Inspection/ Register for the light-duty
Maintenance citation]. vehicle I/M program.
Program. Approving all sections
except Section 1.12.2
``Penalties'' and
Section 1.13
``Proceedings for
Enforcement'' which
were excluded from the
SIP submittal.
[[Page 52664]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non regulatory SIP geographic or State submittal date/ EPA approved
provision nonattainment effective date date Explanations
area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
I/M SIP Narrative............. Statewide........ Submitted 2/17/2017. 11/14/2017, Narrative describing
[insert Federal how the Rhode Island
Register I/M program meets
citation]. the requirements in
the federal I/M
rule.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-24541 Filed 11-13-17; 8:45 am]
BILLING CODE 6560-50-P
