Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County: Motor Vehicle Inspection |
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Ron Curry
October 31, 2012
[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Rules and Regulations]
[Pages 65821-65823]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26677]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2011-0695; FRL-9747-2]
Approval and Promulgation of Implementation Plans; New Mexico;
Albuquerque/Bernalillo County: Motor Vehicle Inspection
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing approval of revisions from the Governor of
New Mexico to the State Implementation Plan for Air Quality for the
City of Albuquerque/Bernalillo County area pursuant to the Clean Air
Act. The revision includes addition of emissions inspections for 1998
and newer diesel vehicles less than 10,001 pounds and all gasoline/
electric hybrid vehicles; changes test frequency for some model year
vehicles; allows motorists that are financially incapable of paying for
certain repairs to apply for a time extension; makes minor test
procedure changes; codifies certain regulatory language from the VPMD
Procedures Manual; reorganizes 20.11.100 NMAC; and makes numerous non-
substantive changes to clarify and improve readability of these rules.
This action is being taken under the Clean Air Act (the Act).
DATES: This rule is effective on December 5, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R06-OAR-2011-0695. All documents in the docket
are listed in the http://www.regulations.gov index. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information the disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below to make an appointment. The Region Office's
official hours of business are 8:30 a.m. to 4:30 p.m. weekdays except
for Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's final action, please contact Ms. Sandra Rennie (6PD-L), Air
Planning Section, Environmental Protection Agency, Region 6, 1445 Ross
Avenue (6PD-L), Suite 1200, Dallas, Texas 75202-2733, telephone (214)
665-7367; fax number (214) 665-6762; email address
rennie.sandra@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document the following terms
have the meanings described below:
``We'', ``us'' and ``our'' refer to EPA.
Table of Contents
I. What is the background for this rule?
II. What comments did we receive on the proposed rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this rule?
The State of New Mexico on behalf of the City of Albuquerque
submitted revisions to the motor vehicle inspection and maintenance (I/
M) program in Bernalillo County and the City of Albuquerque on July 28,
2011. We proposed approval of these revisions on August 1, 2012 (77 FR
45530). For EPA's full analysis of these revisions, the reader is
referred to that proposal and the Technical Support Document for this
rulemaking, which is available on line at http://www.regulations.gov,
Docket number EPA-R06-OAR-2011-0695. Among the revisions to the I/M
rules at 20.11.100 NMAC are: expanding the vehicle I/M program to cover
model year 1998 and newer diesel motor vehicles greater than 1,000 and
less than 10,001 pounds; including all hybrid vehicle gasoline engines;
changing the test frequency for some model year vehicles; revising an
exemption for certain low income vehicle owners from the $300 repair or
repair estimate threshold; and revising some test procedures.
Regulatory language from the VPMD (Vehicle Pollution Management
Division) Procedures Manual is now codified in the I/M rules. Numerous
non-substantive ministerial revisions were also proposed for approval
because they add clarity and improve readability of the rules.
Although not required by Federal rule, model year 1998 and newer
compression ignition powered (diesel)
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motor vehicles of a certain size are now included in the vehicle I/M
program. Diesel vehicles that are greater than 1,000 pounds gross
vehicle weight (GVW) but less than 10,001 pounds GVW are covered by On-
Board Diagnostics second generation (OBDII) testing. Testing for this
fuel type will start on January 1, 2013, as adopted in the rule.
Gasoline/electric hybrids are no longer exempt from testing. Technology
improvements have made testing the small gasoline engines found in
hybrids now possible.
A clarification is made about the newest model years that are
exempt from testing. The term ``two registration periods'' is clarified
to mean four (4) years. Model year 1975-1985 vehicles are now required
to get tested on a biennial schedule. Previously, these vehicles were
on an annual testing schedule. Other provisions in the rule require
vehicles in this age group to have annual inspections if their HC
(hydrocarbon) or CO (carbon monoxide) emissions are more than 75% of
the standard for those pollutants. Motor vehicles 35 years old or older
are now exempt from testing.
Minor changes to test procedures include requiring a visual
inspection for a catalytic converter on all OBDII-equipped vehicles.
The program is also limiting the gas cap pressure check to 1975-2005
vehicles.
The requirement for spending at least $300 for repairs to apply for
a time extension has been revised to require a repair estimate of $300
or more from a licensed repair facility and proof that the individual
is financially incapable of paying for the needed repairs.
Prior to the rule revision before us, many program procedures were
contained in the VPMD Procedures Manual. The Program determined that
this manual was out of date but some of the regulatory language needed
to be retained. Portions of the manual were codified in the rules
verbatim. Non-regulatory procedure information is now contained in
technical guidance that is not part of the SIP.
As a result of the codification process, some additional terms were
added to the definitions section. These include Audit, Clean piping,
Clean scanning, Covert audit, Covert surveillance, Emissions analyzer,
Emissions inspection system or EIS, Fleet, Gas cap test, Overt audit,
Pretesting, and Vehicle information database or VID. Definitions
adopted for these terms are those that are commonly used in the
industry or similar to terms defined in the federal regulations.
In the process of codifying language from the Procedures Manual,
the I/M rules were reorganized with some sections being moved from one
numbered section to another. Useless and/or anachronistic references
were removed or revised to be more meaningful.
II. What comments did we receive on the proposed rule?
We received no comments on the proposed rule during the 30 day
comment period that ended on August 31, 2012.
III. What action is EPA taking?
EPA is finalizing approval of revisions to the New Mexico SIP for
the City of Albuquerque/Bernalillo County submitted on July 28, 2011.
These include revisions to the fuel type subject to testing, the model
years subject to testing, certain test procedures, an opportunity for a
time extension for motorists that are financially incapable of paying
for repairs of $300 or more, codification of procedures from the
Procedures Manual, addition of definitions, and other non-substantive
revisions. We believe these revisions enhance the SIP and improve the
effectiveness of the I/M program. This action is being taken under
section 110 of the Act.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. .L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 December 20, 2010. 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 may not be challenged later in
proceedings to
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enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 17, 2012.
Ron Curry,
Regional Administrator, Region 6.
Therefore, 40 CFR chapter I is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart GG--New Mexico
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2. Amend the second table in Sec. 52.1620(c) entitled ``EPA Approved
Albuquerque/Bernalillo County, NM Regulations'' by revising the entry
for ``Part 100 (20.11.100 NMAC), Motor Vehicle Inspection--
Decentralized,'' to read as follows:
Sec. 52.1620 Identification of plan.
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(c) * * *
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EPA-Approved Albuquerque/Bernalillo County, NM Regulations
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State approval/
State citation Title/subject effective date EPA approval date Explanation
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New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo
County Air Quality Control Board
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Part 100 (20.11.100 NMAC)...... Motor Vehicle 5/11/2011 11/5/12, [Insert
Inspection--Dece FR page number
ntralized. where document
begins].
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[FR Doc. 2012-26677 Filed 10-30-12; 8:45 am]
BILLING CODE 6560-50-P