Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Motor Vehicle Inspection and Maintenance and Associated Revisions |
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Shaun L. McGrath
Environmental Protection Agency
November 10, 2014
[Federal Register Volume 79, Number 217 (Monday, November 10, 2014)]
[Proposed Rules]
[Pages 66670-66679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26630]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2014-0370; FRL-9918-98-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
State of Utah; Motor Vehicle Inspection and Maintenance and Associated
Revisions
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of State Implementation Plan (SIP) revisions submitted by the
State of Utah. The revisions involve amendments to Section X, Part A,
Vehicle Inspection and Maintenance Program, General Requirements and
Applicability; the addition of Section X, Part F, Cache County Vehicle
Inspection and Maintenance Program; and revisions to Utah
Administrative Rules R307-110-1, R307-110-31, and R307-110-36. EPA is
proposing approval of these SIP revisions in accordance with the
requirements of section 110 of the Clean Air Act (CAA).
DATES: Comments must be received on or before December 10, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2014-0370, by one of the following methods:
http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
Email: russ.tim@epa.gov.
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Carl Daly, Director, Air Program, EPA, Region 8,
Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
Hand Delivery: Carl Daly, Director, Air Program, EPA,
Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129.
Such deliveries are only accepted Monday through Friday, 8:00 a.m. to
4:30 p.m., excluding federal holidays. Special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2014-0370. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA, without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional instructions on submitting
comments, go to Section I, General Information of the SUPPLEMENTARY
INFORMATION section of this document.
Docket: 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., CBI or other information
whose disclosure 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 Program, EPA,
Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129.
EPA requests that if at all possible, you contact the individual listed
in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of
the docket. You may view the hard copy of the docket Monday through
Friday, 8:00 a.m. to 4:00 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program, EPA, Region 8,
Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303) 312-
6479, russ.tim@epa.gov.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean
Air Act, unless the context indicates otherwise.
(ii) The initials BRHD mean Bear River Health Department.
(iii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iv) The initials DMV mean Department of Motor Vehicles.
(v) The initials I/M mean inspection and maintenance.
(vi) The initials NAAQS mean national ambient air quality
standard.
(vii) The initials NOx mean nitrogen oxides.
(viii) The initials OBD mean On-Board Diagnostics.
(ix) The initials PM2.5 mean Particulate Matter equal
to or less than 2.5 microns in diameter.
(x) The initials RPM mean revolutions per minute.
(xi) The initials SIP mean or refer to State Implementation
Plan.
(xii) The initials TSI mean Two Speed Idle.
(xiii) The initials UAQB mean Utah Air Quality Board.
(xiv) The initials UDAQ mean Utah Division of Air Quality.
(xv) The words Utah and State mean the State of Utah.
(xvi) The initials VOC mean volatile organic compound.
Table of Contents
I. General Information
II. Background
III. What was the State's process?
IV. EPA's Evaluation of the State's Revisions to Section X, Part A,
Vehicle Inspection and Maintenance Program, General Requirements and
Applicability
V. EPA's Evaluation of the State's Revisions to Section X, Part F,
Cache County Motor Vehicle Inspection and Maintenance Program
VI. EPA's Evaluation of the State's Associated Revisions to Utah
Rules R307-110-1, R307-110-31, and R307-110-36
VII. Consideration of Section 110(1) of the Clean Air Act
VIII. Proposed Action
IX. Statutory and Executive Order Reviews
I. General Information
1. Submitting CBI. Do not submit CBI to EPA through http://www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that
[[Page 66671]]
you mail to EPA, mark the outside of the disk or CD ROM as CBI and then
identify electronically within the disk or CD ROM the specific
information that is claimed as CBI. In addition to one complete version
of the comment that includes information claimed as CBI, a copy of the
comment that does not contain the information claimed as CBI must be
submitted for inclusion in the public docket. Information so marked
will not be disclosed except in accordance with procedures set forth in
40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
h. Make sure to submit your comments by the comment period deadline
identified.
II. Background
(a.) Utah's Revisions to SIP Section X, Vehicle Inspection and
Maintenance Program, Part A, General Requirements and Applicability
Section X of the Utah SIP addresses the provisions and requirements
for the motor vehicle inspection and maintenance (I/M) programs that
are administered by five counties in Utah. Section X of the SIP is
divided into six subparts ``A'' through ``F''; Part A addresses general
requirements and applicability provisions that are common to each of
the counties' I/M programs, Part B is the Davis County vehicle I/M
program, Part C is the Salt Lake County vehicle I/M program, Part D is
the Utah County vehicle I/M program, Part E is the Weber County vehicle
I/M program, and Part F is the Cache County vehicle I/M program.
Section X, Part A is entitled ``Vehicle Inspection and Maintenance
Program, General Requirements and Applicability.'' The current version
of Part A, last approved by EPA on November 2, 2005 (70 FR 66264),
provides a discussion of the federal I/M requirements, the aspects of
On-Board Diagnostics (OBD) tests, a brief history of the Utah I/M
program and the State's general authority and general information
regarding the applicability of the Utah SIP to such I/M program aspects
as test frequency, enforcement, vehicle registration, and change in
vehicle ownership. Although duplicative, each of the four counties'
existing I/M programs, found in Parts B, C, D, and E to Section X,
contained very similar language as provided in Part A.
By a letter dated January 10, 2013, the Governor of Utah submitted
a revision to Section X, Part A that updates and expands Part A to
contain the relevant brief history of the Utah I/M program, the State's
general authority, additional language on test types, general public
information, general enforcement provisions which are relevant to the
four counties implementing an existing I/M program, and the new I/M
program in Cache County. As Part A is applicable to all five of the
counties' I/M programs, this allows the removal of the duplicative
general language in existing Section X and allows the consolidation of
the common information and provisions in each counties' I/M program
into Part A. Each of the counties' I/M programs contained in Section X,
Parts B through F will then reference Part A.
(b.) Utah's Revisions to SIP Section X, To Add Part F, Vehicle
Inspection and Maintenance Program, Cache County
On November 13, 2009 (74 FR 58688), EPA designated a portion of
Cache County, Utah as nonattainment for the 2006 PM2.5\1\
24-hour National Ambient Air Quality Standard (NAAQS). The Cache County
portion includes the city of Logan, Utah. The nonattainment area, which
also includes portions of Franklin County, Idaho, is identified by EPA
as ``Logan--UT/ID.''
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\1\ PM2.5 is Particulate Matter less than or equal to
2.5 microns in diameter.
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Through the course of the development of a dispersion modeled
attainment demonstration for Utah's attainment plan, a motor vehicle
inspection and maintenance program was identified by the State as a
reasonable control strategy to achieve reductions of PM2.5
precursor emissions of nitrogen oxides (NOx) and volatile organic
compounds (VOC) necessary to support the SIP attainment demonstration
for the Cache County portion of the Logan-UT/ID 2006 PM2.5
24-hour NAAQS nonattainment area. EPA notes, however, that under the
applicable subparts of Part D of Title I of the Act for
PM2.5 attainment plans, subparts 1 and 4, Cache County's I/M
program is not a CAA mandatory or required I/M program and is therefore
not held to the same level of applicable requirements as found in 40
CFR part 51, subpart S (hereafter ``40 CFR 51, subpart S''),
Inspection/Maintenance Program Requirements. As an example, a
performance standard demonstration is not required for the Cache County
I/M program. Part F of Section X, in conjunction with Section X, Part A
as discussed above, was instead designed by the County and State to
meet the minimum, applicable I/M provisions and requirements presented
in 40 CFR 51, subpart S. It is also noted in Part F that although only
a portion of Cache County was designated as nonattainment for the 2006
PM2.5 24-hour NAAQS, the I/M program will be implemented
County-wide.
By a letter dated January 28, 2014, the Governor submitted a SIP
revision to add Section X, Part F, for the new motor vehicle I/M
program for Cache County. As described further below, the Cache County
I/M program was designed with certain necessary components from 40 CFR
51, subpart S in order to have a viable I/M program to help reduce NOx
and VOC precursor emissions of PM2.5 and to also generate
emission reductions suitable for use in a PM2.5 attainment
demonstration that will be submitted to EPA as a revision to the SIP.
(c.) Utah's Revisions to Rules R307-110-1, R307-110-31, and R307-110-36
As a background, the Utah Administrative Code is the body of all
effective administrative rules as compiled and organized by the Utah
Division of Administrative Rules, Utah Department of Administrative
Services.\2\ Utah's Administrative Rules are a portion of Utah's
Codified Law; in Utah, statements written by State agencies which have
the effect of law are called administrative rules. Unlike State
statutes, which change only when the Utah Legislature is in session,
administrative rules change throughout the year. A Utah administrative
rule serves at least two purposes; first, an enacted administrative
rule has the binding effect of law, and second, an
[[Page 66672]]
administrative rule informs citizens of actions a State government
agency will take or how a State agency will conduct its business. In
view of the above, after the Utah Air Quality Board (UAQB), under the
authority of the Utah Air Conservation Act as provided in Utah Code
Title 19, Chapter 2, adopts certain provisions and requirements into
the Utah SIP, those particular SIP elements must then be incorporated
by reference into the appropriate section of the Utah Administrative
Rules (hereafter ``Utah Rules'').
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\2\ For further information and citations to the relevant Utah
statutes that govern rulemaking, please refer to the Web site of the
Division of Administrative Rules: http://www.rules.utah.gov/.
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By letters dated January 10, 2013 and January 28, 2014, the
Governor submitted SIP revisions involving updates to three sections of
the R307-110 series air quality Utah Rules. The Governor's submittals
requested EPA to approve actions taken by the UAQB that updated three
sections of Utah Rules R307-110 series for air quality which are
entitled ``General Requirements: State Implementation Plan.'' The three
rules are:
(1.) R307-110-1 which incorporates by reference the Utah SIP into
the Utah Administrative Rules and advises the public the SIP is
available on the Utah Division of Air Quality's (UDAQ) Web site.
(2.) R307-110-31 which incorporates by reference Utah SIP Section
X, Vehicle Inspection and Maintenance Program, Part A, General
Requirements and Applicability.
(3.) R307-110-36 which incorporates by reference Utah SIP Section
X, Vehicle Inspection and Maintenance Program, Part F, Cache County.
The above SIP actions adopted by the UAQB, and subsequently
submitted to EPA by the Governor of Utah for approval, are discussed in
greater detail in sections III and IV below.
III. What was the State's process?
Section 110(a)(2) of the CAA requires that a state provide
reasonable notice and public hearing before adopting a SIP revision and
submitting it to us.
(a.) The Governor's January 10, 2013 SIP Submittal
On October 15, 2012, October 16, 2012, and October 17, 2012 the
UAQB of the Utah Department of Environmental Quality conducted public
hearings to consider the adoption of revisions and additions to the
Utah SIP and the appropriate sections of the Utah Rules. The revisions
affecting the SIP involved SIP Section X, Vehicle Inspection and
Maintenance Program, Part A, General Requirements and Applicability;
SIP Section X, Vehicle Inspection and Maintenance Program, Part F,
Cache County; and Utah Rules R307-110-1, R307-110-31, and R307-110-36.
After reviewing and responding to comments received before and during
the public hearings, the UAQB adopted the proposed revisions on
December 5, 2012. The SIP and Utah Rule revisions became State
effective on December 6, 2012 and were submitted by the Governor to EPA
by a letter dated January 10, 2013. By a subsequent letter dated
February 25, 2013, Bryce Bird, Director, UDAQ submitted the necessary
administrative documentation that supported the Governor's submittal.
We evaluated the Governor's January 10, 2013 submittal for SIP
Section X, Vehicle Inspection and Maintenance Program, Part A, General
Requirements and Applicability; SIP Section X, Vehicle Inspection and
Maintenance Program, Part F, Cache County; and Rules R307-110-1, R307-
110-31, and R307-110-36 and have determined that the State met the
requirements for reasonable notice and public hearing under section
110(a)(2) of the CAA. By operation of law under section 110(k)(1)(B) of
the CAA, the Governor's January 10, 2013 submittal was deemed complete
on July 10, 2013.
(b.) The Governor's January 28, 2014 SIP Submittal
On August 7, 2013 the UAQB proposed for public comment amendments
to the Utah SIP for Section X, Vehicle Inspection and Maintenance
Program, Part F, Cache County and Utah Rule R307-110-36. These proposed
revisions superseded and replaced those previous revisions to the SIP
for Section X, Vehicle Inspection and Maintenance Program, Part F,
Cache County and Utah Rule R307-110-36 that the Governor had submitted
to EPA with his letter to EPA dated January 10, 2013. Included with the
State's administrative documentation for these SIP and Rule revisions
were letters dated October 23, 2013 and October 24, 2013 from Bryce
Bird, Director, UDAQ to the UAQB. Both of these letters indicated that
a public comment period was held from September 1 through October 1,
2013 regarding the proposed Cache County I/M program (ref. October 24,
2013 letter) and Utah Rule R307-110-36 (ref. October 23, 2013 letter)
revisions, and that no public comments were received and no public
hearings were requested. In consideration of these two letters, the
UAQB subsequently adopted the proposed revisions on November 6, 2013.
The SIP and Rule revisions became State effective on November 7, 2013,
and were submitted by the Governor to EPA by a letter dated January 28,
2014. By a subsequent letter dated February 4, 2014, Bryce Bird,
Director, UDAQ submitted the necessary administrative documentation
that supported the Governor's submittal.
We have evaluated Utah's January 28, 2014 submittal and have
determined that the State met the requirements for reasonable notice
and public hearing under section 110(a)(2) of the CAA. By a letter
dated June 30, 2014, we advised the Governor that the SIP and Rule
revisions submittal was deemed to have met the minimum ``completeness''
criteria found in 40 CFR part 51, Appendix V.
IV. EPA's Evaluation of the State's Revisions to Section X, Vehicle
Inspection and Maintenance Program, Part A, General Requirements and
Applicability
Section X of the Utah SIP addresses the provisions and requirements
for the motor vehicle I/M programs administered by five counties in
Utah. Section X of the SIP is divided into six subparts, ``A'' through
``F,'' with Part A addressing general requirements and applicability
provisions that are common to each of the counties' I/M programs.
Section X, Part A is entitled ``Vehicle Inspection and Maintenance
Program, General Requirements and Applicability,'' and its current
provisions and requirements, as updated by the Governor's SIP submittal
of January 10, 2013, are presented below:
(a.) Section 1 ``Requirements'' of SIP Section X, Part A provides
information on:
(1.) The history of I/M requirements in Utah and the relevant 40
CFR 51, subpart S applicable requirements.
(2.) OBD Checks: By January 1, 2002, OBD checks and OBD related
repairs were required as a routine component of Utah I/M programs on
model year 1996 and newer light-duty vehicles and light-duty trucks
equipped with certified onboard diagnostic systems.
(3.) Utah I/M program history and general authority: The legal
authority for Utah's I/M Programs is found in Utah Code Annotated
Section 41-6-163.6. Utah I/M was enacted during the First Special
Session of the Utah legislature in 1983. I/M programs were initially
implemented in Davis and Salt Lake counties in 1984, in Utah County in
1986, and in Weber County in 1990. The State Legislature made several
changes and additions to Utah Code Annotated Section 41-6-163.6 in
1990, 1992, 1994, 1995, 2002, 2005, 2009, 2010, 2011, and 2012.
(b.) Section 2 ``Applicability'' of SIP Section X, Part A provides
information on:
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(1.) General Applicability: Utah Code Annotated 41-6a-1642 gives
authority to each county to implement and manage an I/M program to
attain and maintain any NAAQS. Davis, Salt Lake, Utah, and Weber
counties were required by Section 182 and 187 of the CAA to implement
an I/M program to attain and maintain, as applicable, the ozone and
carbon monoxide NAAQS. All of Utah's ozone and carbon monoxide
maintenance areas are located in Davis, Salt Lake, Utah, and Weber
counties. In addition, a motor vehicle I/M program is a control measure
relied upon by the State for attaining the 2006 PM2.5 24-
hour NAAQS in Cache, Davis, Salt Lake, Utah, and Weber counties. Utah's
SIP for I/M is applicable county-wide in Cache, Davis, Salt Lake, Utah,
and Weber counties.
(c.) Section 3 ``General Summary'' of SIP Section X, Part A
provides information on:
(1.) Network Type: All Utah I/M programs are comprised of a
decentralized, test-and-repair network.
(2.) 1/M program funding requirements: Counties with I/M programs
allocate funding as needed to comply with the relevant requirements
specified in Utah's SIP; the Utah statutes; county ordinances,
regulations and policies; and the federal I/M program regulation.
(3.) Funding mechanisms: Utah's I/M programs are funded through
several mechanisms including, but not limited to, a fee which is
collected at the time of registration by the Utah Tax Commission
Division of Motor Vehicles or the respective County Assessor's Office.
(4.) Government fleet: Section 41-6a-1642(1)(b) of the Utah Code
requires that all vehicles owned or operated in the I/M counties by
federal, state, or local government entities must comply with the I/M
programs.
(5.) Vehicles owned by students and federal employees: Section 41-
6a-1642(5) provides that counties may require that federal employees
and students attending universities and colleges located in Utah's I/M
areas provide proof of compliance with the I/M program for vehicles
that are permitted to park at facilities or on campus regardless of
where the vehicle is registered. Vehicles operated by federal employees
and operated on a federal installation located within an I/M program
area are also subject to the I/M program regardless of where they are
registered.
(6.) Rental vehicles: All vehicles available for rent or use in an
I/M county are subject to the respective county I/M program.
(7.) Farm truck exemption: Eligibility for the farm truck exemption
from I/M programs is specified in Section 41-6a-1642(4).
(8.) Out-of-state exemption: Vehicles registered in an I/M county
but operated out-of-state are eligible for an exemption. The owner must
complete Utah State Tax Commission form TC-81, and explain why the
vehicle is unavailable for inspection, in order to be registered
without inspection documentation.
(9.) Motorist Compliance Enforcement Mechanism: The I/M programs
are registration enforced on a county-wide basis.
(10.) Valid registration required: A certificate of emissions
inspection or a waiver or other evidence that the vehicle is exempt
from the I/M program requirements must be presented at the time of
registration or renewal of registration of a motor vehicles as
specified in Section 41-6a-1642 and 41-1a-203(1)(c).
(11.) Change of ownership: Vehicle owners are not able to avoid the
I/M inspection program by changing ownership of the vehicle. Upon
change of vehicle ownership the vehicle must be re-registered by the
new owner. Vehicle registration requires the submittal of a valid I/M
certificate of compliance, waiver, or verified evidence of exemption.
(12.) Utah Tax Commission, and County Assessor roles: The Utah Tax
Commission Motor Vehicle Division and respective County Assessors will
deny applications for vehicle registration or renewal of registration
without submittal of a valid I/M certificate of compliance, waiver, or
verified evidence of exemption.
(13.) Database quality assurance: The vehicle registration database
is maintained and quality assured by the Utah Division of Motor Vehicle
(DMV). Each county's I/M inspection database is maintained and quality
assured by the county I/M program staff.
(14.) Oversight provisions: The oversight program includes
verification of exempt vehicle status through inspection, data accuracy
through automatic and redundant data entry for most data elements, an
audit trail for program documentation to ensure control and tracking of
enforcement documents, identification and verification of exemptions
that trigger changes in registration data, and regular audits of I/M
inspection records, I/M program databases, and the DMV database.
(15.) Enforcement staff quality assurance: County I/M program
auditors and DMV clerks involved in vehicle registration are subject to
regular performance audits by their supervisors.
(16.) Quality Control: The I/M counties maintain records regarding
inspections, equipment maintenance, and the required quality assurance
activities.
(17.) Analyzer data collection: Each county's I/M analyzer data
collection system meets the requirements specified under 40 CFR 51,
subpart S.
(18.) Data analysis and reporting--Annual: The I/M counties analyze
and submit to EPA and UDAQ an annual report for January through
December of the previous year, which includes all the data elements
listed in 40 CFR 51.366, by July of each year.
(19.) General enforcement provisions: The county I/M programs are
responsible for enforcement actions against incompetent or dishonest
stations and inspectors. In addition, each county I/M ordinance or
regulation includes a penalty schedule.
(20.) General public information: The I/M counties must have
comprehensive public education and programs.
(21.) County I/M technical centers: Each I/M county operates an I/M
technical center staffed with trained auditors and capable of
performing emissions tests. A major function of the I/M technical
centers is to serve as a referee station to resolve conflicts between
permitted I/M inspectors, stations, and motorists.
(22.) Vehicle inspection report: A vehicle inspection report (VIR)
is printed and provided to the motorist after each vehicle inspection.
(23.) Reciprocity between County I/M programs: Utah I/M programs
are conducted using the same test procedures (Two Speed Idle, or TSI,
and OBD) and thereby agree to recognize the validity of a certificate
granted by any Utah I/M program.
EPA has reviewed Utah's revisions to SIP Section X, Vehicle
Inspection and Maintenance Program, Part A, General Requirements and
Applicability and has concluded that our approval is warranted. Based
on our review, and as compared to our prior approval of this section of
the SIP (see 70 FR 66264, November 2, 2005) and applicable sections of
40 CFR 51, subpart S (sections 51.350 to 51.372), we have determined
that the revisions to Section X, Vehicle Inspection and Maintenance
Program, Part A, General Requirements and Applicability sufficiently
address the applicable sections of 40 CFR 51, subpart S for these
particular aspects of Utah's five counties' I/M programs.
[[Page 66674]]
V. EPA's Evaluation of the State's Revisions to Section X, Part F,
Cache County Motor Vehicle Inspection and Maintenance Program
Section X, Part F of the Utah SIP addresses the provisions and
requirements for the implementation of the motor vehicle I/M program in
Cache County, Utah. Section X, Part F of the SIP contains three main
components for the Cache County I/M program; (a.) The SIP language for
Section X Part F that addresses applicability, a general description of
the Cache I/M program, and the time frame for implementation of the I/M
program, (b.) the Cache County Emission Inspection/Maintenance Program
Ordinance 2013-4, and (c.) the Bear River Health Department's
Regulation 2013-1. We note that the Cache County Ordinance 2013-4
contains language which delegates the implementation of the Cache
County I/M program to the Bear River Health Department (BRHD). All of
the above documents were adopted by the UAQB on November 6, 2013, were
included with the Governor's SIP submittal of January 28, 2014, were
supplemented by the February 4, 2014, UDAQ submittal of the
administrative documentation, and are discussed in further detail
below.
(a.) Section X, Vehicle Inspection and Maintenance Program, Part F,
Cache County; Applicability, Description of the Cache I/M Program, and
I/M SIP Implementation:
(1.) Applicability. The SIP states the following: ``Cache County
was designated nonattainment for the PM2.5 NAAQS on December
14, 2009 (74 FR 58688, November 13, 2009). Accordingly, Cache County
must implement control strategies to attain the PM2.5 NAAQS.
A motor vehicle emission I/M program has been identified by the
PM2.5 SIP as a necessary control strategy to attain the
PM2.5 NAAQS as expeditiously as practicable. Therefore,
pursuant to Utah Code Annotated 41-6a-1642, Cache County must implement
an I/M program that complies with the minimum requirements of 40 CFR 51
Part Subpart S. Cache County will implement its I/M program county-
wide. Parts A and F of Section X demonstrate compliance with 40 CFR
Part 51, Subpart S for Cache County.''
(2.) Description of Cache County I/M Program. The SIP provides
information regarding the TSI and OBD components of the Cache County I/
M program. Below is a summary of Cache County's I/M program. In
addition, we note that Section X, Part F, Appendices 1 and 2 contain
the essential documents for the authority and implementation of Cache
County's I/M program.
Network Type: Cache County's I/M program will comprise a
decentralized test-and-repair network.
Test Convenience: Cache County will make every effort to ensure
that its citizens will have stations conveniently located throughout
Cache County.
Subject fleet: All model year 1969 and newer vehicles registered or
principally-operated in Cache County are subject to the I/M program
except for exempt vehicles.
Station/inspector Audits: Cache County's I/M program will regularly
audit all permitted I/M inspectors and stations to ensure compliance
with county I/M ordinances, regulations, and policies.
Waivers: Cache County's I/M program allows for the issuance of
waivers under limited circumstances.
Test frequency: Vehicles less than six years old as of January 1 on
any given year will be exempt from an emissions inspection. All model
year 1969 and newer vehicles are subject to a biennial test.
Test Equipment: For the Cache County I/M program, specifications
for the I/M test procedures, standards and analyzers are described in
Appendix 2 of the SIP.
Test Procedures: The following vehicles are subject to an OBD II
inspection: 1996 and newer light duty vehicles and 2008 and newer
medium duty vehicles. The following vehicles are subject to a two-speed
idle test: 1995 and older vehicles, 1996 to 2007 medium and heavy duty
vehicles, and 2008 and newer heavy duty vehicles. Test procedures are
outlined in Appendix 2 of this part of the SIP.
(3.) I/M SIP Implementation. The SIP states the following: ``The I/
M program ordinance, regulations, policies, procedures, and activities
specified in this I/M SIP revision shall be implemented by January 1,
2014 and shall continue until a maintenance plan without an I/M program
is approved by EPA in accordance with Section 175 of the Clean Air
Act.''
(b.) Section X, Vehicle Inspection and Maintenance Program, Part F,
Cache County; Appendix 1, Cache County Emission Inspection/Maintenance
Program Ordinance 2013-4: This section of the SIP provides the County's
I/M ordinance which includes section 1, Purpose, section 2, Powers and
Duties, section 3, General Provisions, section 4, Guidelines to be
Followed by the Bear River Board of Health in Implementing a Vehicle
Emission Inspection and Maintenance Program in Cache County, section 5,
Review of Need for Program, and section 6, Effective Date. Of
particular note is section 2.3, which delegates implementation of the
I/M program to the BRHD, and section 4, which sets some parameters for
BRHD's implementation, including test schedules, fees, and waivers.
(c.) Section X, Vehicle Inspection and Maintenance Program, Part F,
Cache County; Appendix 2, Bear River Health Department Regulation 2013-
1: This section of the SIP provides the BRHD's I/M regulation. The
Cache County I/M program is not a CAA mandated program and is,
therefore, allotted a certain amount of flexibility in the level of
applicable requirements as compared to a CAA or otherwise required
mandatory I/M program. As the purpose of the Cache County I/M program
is to achieve reductions in PM2.5 NAAQS precursor emissions
of NOx and VOCs, to improve air quality and for the use of such
emission reductions in a dispersion modeled SIP attainment
demonstration, EPA's analysis of the BRHD's Regulation 2013-1 included
a comparison of the BRHD's Regulation 2013-1 to applicable sections of
40 CFR 51, subpart S ``Inspection/Maintenance Program Requirements.''
EPA's analysis of the BRHD's Regulation 2013-1 is as follows below.
EPA has reviewed the BRHD's Regulation 2013-1 for consistency with
appropriate sections of the federal I/M regulations, as applicable to a
non-mandatory I/M program, as codified in 40 CFR 51, subpart S,
sections 51.350 through 51.373. We have summarized the applicable
federal requirements and have referenced the particular sections of the
BRHD's Regulation 2013-1 that we have determined satisfy those
requirements:
(1.) 40 CFR 51.350--Applicability
The SIP needs to describe the applicable areas in detail and must
also include the legal authority or rules necessary to establish
program boundaries. See 40 CFR 51.350(b). The Cache County I/M program
will be implemented county-wide as described in the BRHD Regulation
2013-1, Section 4 ``Powers and Duties.'' The legal authority for the
Cache County I/M program and BRHD Regulation 2013-1 is as authorized by
sections 41-6a-1642, 41-1a-1223, 41-1a-215, 26A-1-121, 26A-1-114, all
as from the Utah Code Annotated 1953, as amended. In addition, this
aspect of the Cache County I/M program is further addressed in Section
X, Part F, Vehicle Inspection and Maintenance Program,
``Applicability'' and in Section X, Part F, Appendix 1, Cache County
Ordinance 2013-4, Section 4. Finally, SIP Section
[[Page 66675]]
X, Part F, provides that the Cache County I/M program will continue
until a maintenance plan without an I/M program is approved by EPA. See
40 CFR 51.350(c).
(2.) 40 CFR 51.351--Enhanced I/M Performance Standard and 40 CFR
51.352--Basic I/M Performance Standard
As the Cache County I/M program is not a CAA mandatory or otherwise
required I/M program, the program is not required to meet these federal
I/M requirements. These provisions were not addressed in the SIP and
are not considered by EPA as applicable requirements for the Cache
County I/M program. The emissions standards for the Cache County I/M
program are specified in BRHD Regulation 2013-1, Appendix B. The
cutpoints in Appendix B became effective January 1, 2014.
(3.) 40 CFR 51.353--Network Type
The SIP needs to include a description of the network to be
employed, and the required legal authority. See 40 CFR 51.353(d). The
Cache County I/M program will be implemented as a decentralized test-
and-repair network involving a TSI test for 1995 and older vehicles and
an OBD test for 1996 and newer vehicles. The network to be employed is
described in the BRHD Regulation 2013-1, Section 6 ``General
Provisions.'' The legal authority for the Cache County I/M program and
BRHD Regulation 2013-1 is as authorized by sections 41-6a-1642, Utah
Code Annotated, 1953, as amended. In addition, this aspect of the Cache
County I/M program is further addressed in Section X, Part F, Vehicle
Inspection and Maintenance Program, ``Description of Cache I/M
Program'' and in Section X, Part F, Appendix 1, Cache County Ordinance
2013-4, Section 4.
(4.) 40 CFR 51.354--Adequate Tools and Resources
The SIP needs to include a description of the resources that will
be used for program operation, which include: (1) A detailed budget
plan which describes the source of funds for personnel, program
administration, program enforcement, purchase of necessary equipment,
and any other requirements and, (2) a description of personnel
resources, overt and covert auditing, data analysis, program
administration, enforcement, and other necessary functions. See 40 CFR
51.354(d). These aspects of the Cache County I/M program are described
in the BRHD Regulation 2013-1. For fees to operate the program, Section
3 ``Authority and Jurisdiction of the Department,'' (section 3.4), and
Section 6 ``General Provisions,'' (section 6.7), address this
requirement. With regard to personnel, audits, and enforcement, these
aspects are addressed in Section 8.0 ``Training and Certification of
Inspectors'' and Section 12 ``Quality Assurance.'' In addition, this
aspect of the Cache County I/M program is further addressed in Section
X, Part F, Vehicle Inspection and Maintenance Program, ``Description of
Cache I/M Program'' and in Section X, Part F, Appendix 1, Cache County
Ordinance 2013-4, Section 4.
(5.) 40 CFR 51.355--Test Frequency and Convenience
The SIP needs to include the test schedule in detail, including the
test year selection scheme if testing is other than annual. See 40 CFR
51.355(a). These aspects of the Cache County I/M program are described
in the BRHD Regulation 2013-1, Section 6 ``General Provisions,''
(section 6.1) and in Section 9 ``Inspection Procedure.'' In addition,
this aspect of the Cache County I/M program is further addressed in
Section X, Part F, Vehicle Inspection and Maintenance Program,
``Description of Cache I/M Program'' and in Section X, Part F, Appendix
1, Cache County Ordinance 2013-4, Section 4. As mentioned above, the
test schedule for the Cache County I/M program is biennial.
(6.) CFR 51.356--Vehicle Coverage
The SIP needs to include a detailed description of the number and
types of vehicles covered by the County-run program. See 40 CFR
51.356(b). All vehicles model year 1969 and newer are subject to the
Cache County I/M program except those specifically exempted. These
aspects of the Cache County I/M program are described in the BRHD
Regulation 2013-1, Section 6 ``General Provisions,'' in sections 6.0,
6.1, and 6.2, with the vehicle exemptions provided in section 6.4; in
addition, Section 9 ``Inspection Procedure'' addresses the vehicle
testing procedures. We note this aspect of the Cache County I/M program
is further addressed in Section X, Part F, Vehicle Inspection and
Maintenance Program, ``Description of Cache I/M Program'' and in
Section X, Part F, Appendix 1, Cache County Ordinance 2013-4, Section
4.
(7.) 40 CFR 51.357--Test Procedures and Standards
The SIP needs to include a description of each test procedure used,
and a rule, ordinance, or law describing and establishing the test
procedures. See 40 CFR 51.357(e). These aspects of the Cache County I/M
program are described in the BRHD Regulation 2013-1, Section 9
``Inspection Procedure,'' Section 11 ``Specifications for Certified
Testing Equipment and Calibration Gases,'' and Appendix D ``Test
Procedures.'' In addition, this aspect of the Cache County I/M program
is further addressed in Section X, Part F, Vehicle Inspection and
Maintenance Program, ``Description of Cache I/M Program.''
These documents include detailed descriptions of the types of tests
and vehicles to be covered by the County-run program. Essentially, as
applicable, 1995 and older vehicles will be subject to a TSI test and
1996 and newer vehicles will be subject to an OBD test. A TSI test
involves the insertion of probe into the tailpipe of a vehicle to
measure pollutant emissions at two engine idle speeds; one measurement
at a normal idle of around 700 revolutions per minute (RPM) and one
measurement at a high idle speed of 2,500 RPM. An OBD test connects to
the vehicle's on-board computer and polls the information stored in the
vehicle's computer. The OBD procedures also address (among other
things) ``not ready'' codes, data link connectors, stored Diagnostic
Trouble Codes, and additional OBD test standards.
(8.) 40 CFR 51.358--Test Equipment
The SIP needs to include written technical specifications for all
test equipment used in the program. The specifications need to describe
the emission analysis process, the necessary test equipment, the
required features, and written acceptance testing criteria and
procedures. See 40 CFR 51.358(c). These aspects of the Cache County I/M
program are described in the BRHD Regulation 2013-1, Section 9
``Inspection Procedure,'' Section 11 ``Specifications for Certified
Testing Equipment and Calibration Gases,'' Appendix D ``Test
Procedures,'' and Appendix E ``Technical Specifications and Calibration
Gas.'' In addition, this aspect of the Cache County I/M program is
further addressed in Section X, Part F, Vehicle Inspection and
Maintenance Program, ``Description of Cache I/M Program.'' Appendix E
contains the technical specifications for test equipment; OBD
inspection equipment and TSI analyzers must meet all federal
requirements.
(9.) 40 CFR 51.359--Quality Control
The SIP needs to include a description of quality control and
recordkeeping procedures. The SIP also
[[Page 66676]]
needs to include the procedures manual, rule, and ordinance or law
describing and establishing the quality control procedures and
requirements. See 40 CFR 51.359(f). These aspects of the Cache County
I/M program are described in the BRHD Regulation 2013-1, Section 4
``Powers and Duties,'' Section 8 ``Training and Certification of
Inspectors,'' and Section 12 ``Quality Assurance.'' In addition, this
aspect of the Cache County I/M program is further addressed in Section
X, Part F, Vehicle Inspection and Maintenance Program, ``Description of
Cache I/M Program'' and in Section X, Part F, Appendix 1, Cache County
Ordinance 2013-4, Section 2, ``Powers and Duties.''
(10.) 40 CFR 51.360--Waivers
The SIP needs to describe the waiver criteria and procedures,
including cost limits, quality assurance methods and measures, and
administration. The SIP needs to include the necessary legal authority,
ordinance, 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. See 40
CFR 51.360(d).
These aspects of the Cache County I/M program are described in the
BRHD Regulation 2013-1, Section 9 ``Inspection Procedure,'' with
details regarding the waiver procedures, allowable costs, and timeframe
of the waiver appearing in section 9.6 ``Certificate of Waiver.'' In
addition, this aspect of the Cache County I/M program is further
addressed in Section X, Part F, Vehicle Inspection and Maintenance
Program, ``Description of Cache I/M Program'' and in Section X, Part F,
Appendix 1, Cache County Ordinance 2013-4, Section 4. The BRHD draws
its legal authority from Sections 41-6a-1642, 26A-1-114(1)(h)(i), and
26A-1-121(1) from the Utah Code Annotated, 1953, as amended. In
particular, a certificate of waiver will not be granted unless at least
200 dollars have been spent on repairs, and can only be granted once
during the lifetime of a vehicle.
(11.) 40 CFR 51.361--Motorist Compliance Enforcement
The SIP needs to provide information concerning the enforcement
process and legal authority to implement and enforce the program. See
40 CFR 51.361(c). These aspects of the Cache County I/M program are
described in the BRHD Regulation 2013-1, Section 6 ``General
Provisions.'' In addition, this aspect of the Cache County I/M program
is further addressed in Section X, Part F, Appendix 1, Cache County
Ordinance 2013-4, Section 4. The BRHD draws its legal authority from
Sections 41-6a-1642, 26A-1-114(1)(h)(i), and 26A-1-121(1) from the Utah
Code Annotated, 1953, as amended. The motorist compliance enforcement
program will be implemented, in part, by the Utah Tax Commission DMV,
which will take the lead in ensuring that owners of all subject
vehicles are denied registration unless they provide valid proof of
having received a certificate indicating they passed an emissions test
or were granted a compliance waiver.
(12.) 40 CFR 51.362--Motorist Compliance Enforcement Program Oversight
The SIP needs to include a description of enforcement program
oversight and information management activities. See 40 CFR 51.362(c).
These aspects of the Cache County I/M program are similar to those
noted above for our evaluation of 40 CFR 51.361 and are described in
the BRHD Regulation 2013-1, Section 6 ``General Provisions.'' The BRHD
will be reviewing the registration data, as appropriate, as provided by
the DMV. In addition, this aspect of the Cache County I/M program is
further addressed in Section X, Part F, Appendix 1, Cache County
Ordinance 2013-4, Section 4. The BRHD draws its legal authority from
Sections 41-6a-1642, 26A-1-114(1)(h)(i), and 26A-1-121(1) from the Utah
Code Annotated, 1953, as amended.
(13.) 40 CFR 51.363--Quality Assurance
The SIP needs to include a description of the quality assurance
program, and written procedures manuals covering both overt and covert
performance audits, record audits, and equipment audits. See 40 CFR
51.363(e). These aspects of the Cache County I/M program are described
in the BRHD Regulation 2013-1, Section 4 ``Powers and Duties,'' Section
12 ``Quality Assurance,'' Section 15 ``Penalty,'' and Appendix C
``Penalty Schedule.'' In addition, this aspect of the Cache County I/M
program is further addressed in Section X, Part F, Vehicle Inspection
and Maintenance Program, ``Description of Cache I/M Program'' and in
Section X, Part F, Appendix 1, Cache County Ordinance 2013-4, Section
4. The BRHD draws its legal authority from Sections 41-6a-1642, 26A-1-
114(1)(h)(i), and 26A-1-121(1) from the Utah Code Annotated, 1953, as
amended.
(14.) 40 CFR 51.364--Enforcement Against Contractors, Stations, and
Inspectors
The SIP needs to provide for enforcement against stations,
contractors, and inspectors with effective and consistent penalties for
a violation of the program requirements. See 40 CFR 51.364(d).
Applicable provisions include a description of the imposition of
penalties with a penalty schedule, types of potential penalties such as
suspension and fines, requirements for inspectors found to be
incompetent, the legal authority to invoke these types of enforcement
activities, and proper record keeping provisions to document such
enforcement actions.
These aspects of the Cache County I/M program are described in the
BRHD Regulation 2013-1, Section 4 ``Powers and Duties'' (see especially
sections 4.2 and 4.3), Section 12 ``Quality Assurance,'' Section 14
``Disciplinary Penalties and Right to Appeal,'' Section 15 ``Penalty,''
and Appendix C ``Penalty Schedule.'' In addition, this aspect of the
Cache County I/M program is further addressed in Section X, Part F,
Vehicle Inspection and Maintenance Program, ``Description of Cache I/M
Program.'' In particular, the penalty schedule in Appendix C sets
minimum penalties for first, second, and subsequent violations,
including mandatory six month suspensions for both the inspector and
the test station for intentionally and improperly passing a vehicle,
shorter suspensions for gross negligence, and mandatory retraining for
inspector incompetence. The BRHD draws its legal authority from
Sections 41-6a-1642, 26A-1-114(1)(h)(i), and 26A-1-121(1) from the Utah
Code Annotated, 1953, as amended.
(15.) 40 CFR 51.365--Data Collection
The SIP needs to describe the provisions for data collection on
vehicles evaluated by the I/M program. EPA notes that accurate data
collection is essential to the management, evaluation, and enforcement
of an I/M program. Examples of data to be collected include test date,
test record number, vehicle identification number, license plate
number, category of test performed (TSI or OBD), values of emissions
from test (for TSI), results of an OBD test, and quality control of the
data gathered.
The appropriate data for both the TSI and OBD tests will be
collected by Cache County I/M program and these provisions are
described in the BRHD Regulation 2013-1, Section 12 ``Quality
Assurance,'' Appendix B ``Emission
[[Page 66677]]
Standards Cutpoints,'' Appendix D ``Test Procedures,'' and Appendix E
``Technical Specifications and Calibration Gas.'' In addition, this
aspect of the Cache County I/M program is further addressed in Section
X, Part F, Vehicle Inspection and Maintenance Program, ``Description of
Cache I/M Program.''
(16.) 40 CFR 51.366--Data Analysis and Reporting
The SIP needs to indicate that the data analysis and reporting
provisions are included with respect to applicable items as listed in
40 CFR 51.366. See 40 CFR 51.166(f). These aspects of the Cache County
I/M program are essentially addressed in the Cache County I/M SIP
Section X, Part F, the Cache County's Ordinance 2013-4, and the BRHD's
regulation 2013-1 as they all reference the provisions in 40 CFR 51,
subpart S. Further reference, to address this I/M program provision, is
as described in the BRHD Regulation 2013-1, Section 2 ``Purpose,''
Section 4 ``Powers and Duties,'' and Section 12 ``Quality Assurance.''
This aspect of the Cache County I/M program is further addressed in
Section X, Part F, Vehicle Inspection and Maintenance Program,
``Applicability'' and ``Description of Cache I/M program'', and in
Section X, Part F, Appendix 1, Cache County Ordinance 2013-4, Section 1
``Purpose.'' In addition, as required by Section X, Part A, Cache
County will need to provide this I/M program annual data reporting
information: ``Data analysis and reporting--Annual: The I/M counties
analyze and submit to EPA and UDAQ an annual report for January through
December of the previous year, which includes all the data elements
listed in 40 CFR Subpart S 51.366, by July of each year.''
(17.) 40 CFR 51.367--Inspector Training and Licensing or Certification
The SIP needs to include a description of the training program, the
written and hands-on tests, and the licensing or certification process.
See 40 CFR 51.367(c). These aspects of the Cache County I/M program are
described in the BRHD Regulation 2013-1, Section 8 ``Training and
Certification of Inspectors.'' The BRHD has responsibility for
certification, recertification, and certification suspension and
revocation.
(18.) 40 CFR 51.368--Public Information and Consumer Protection
The SIP needs to include information for the public on an ongoing
basis throughout the life of the I/M program regarding such aspects as
the air quality problem, the requirements of federal and state law, the
role of motor vehicles in the air quality problem, the need for and
benefits of an inspection program, how to maintain a vehicle, how to
find a qualified repair technician, and the requirements of the I/M
program. See 40 CFR 51.368(a). In addition, the SIP needs to address
consumer protection, which involves procedures and mechanisms to
protect the public from fraud and abuse by inspectors, mechanics, and
others involved in the I/M program. See 40 CFR 51.368(b).
These aspects of the Cache County I/M program are described in the
BRHD Regulation 2013-1, Section 2 ``Purpose,'' Section 4 ``Powers and
Duties,'' Section 6.0 ``General Provisions,'' Section 8 ``Training and
Certification of Inspectors,'' Section 12 ``Quality Assurance,''
Section 14 ``Disciplinary Penalties and Right to Appeal,'' and Section
15 ``Penalty.'' In addition, these aspects of the Cache County I/M
program are further addressed in Section X, Part F, Vehicle Inspection
and Maintenance Program, ``Applicability,'' and ``Description of Cache
I/M Program,'' and in Section X, Part F, Appendix 1, Cache County
Ordinance 2013-4, Sections 1 through 4. Also, these aspects of the
Cache County I/M program are further addressed in Section X, Part A,
``General Requirements,'' ``Applicability,'' and ``General Summary.''
(19.) 40 CFR 51.369--Improving Repair Effectiveness
The Cache County I/M program is only in its first calendar year of
operation (2014) and will not see all required vehicles until the end
of 2015. Therefore, necessary data to address this provision are not
currently available. In addition, as the Cache County I/M program is
not a CAA mandatory or otherwise required I/M program, the program does
not need to meet these federal I/M requirements. These provisions were
not addressed in the SIP and are not considered by EPA as applicable
requirements for the Cache County I/M program.
(20.) 40 CFR 51.370--Compliance With Recall Notices
This section of 40 CFR 51, subpart S applies to mandatory I/M
programs that evaluate vehicles that are subject to an enhanced I/M
program. As the Cache County I/M program is not a CAA mandatory or
otherwise required I/M program, the program is not required to meet
these federal I/M requirements. These provisions were not specifically
addressed in the SIP and are not considered by EPA as applicable
requirements for the Cache County I/M program. However, we note that as
a matter of course, recall notices or other technical bulletins that
are applicable to a vehicle which failed the applicable Cache County I/
M test (i.e., TSI or OBD) would need to be evaluated by the vehicle
owner prior to applying for a retest. Also, this type of evaluation
would need to be applied to any vehicle seeking a waiver from the Cache
County I/M program.
(21.) 40 CFR 51.371--On-road Testing
As the Cache County I/M program is not a CAA mandatory or otherwise
required I/M program, the program is not required to meet these federal
I/M requirements. These provisions were not addressed in the SIP and
are not considered by EPA as applicable requirements for the Cache
County I/M program.
(22.) 40 CFR 51.372--State Implementation Plan Submittals
The Cache County I/M program is not a CAA mandatory or otherwise
required I/M program. However, we have determined that the Governor's
January 28, 2014 SIP submittal and the UDAQ's February 4, 2014
submittal of necessary SIP administrative documentation sufficiently
address the requirements in 40 CFR 51.372 to the extent necessary for a
SIP revision for a non-mandatory I/M program.
(23.) 40 CFR 51.373--Implementation Deadlines
This section of 40 CFR 51, subpart S contains several
implementation deadlines for particular mandatory I/M programs. As we
have noted above, the Cache County I/M program is not a CAA mandatory
or otherwise required I/M program. We, therefore, find acceptable the
implementation date of January 1, 2014, as stated in the BRHD
Regulation 2013-1, Section 6 ``General Provisions.'' In addition, this
aspect of the Cache County I/M program is further addressed in Section
X, Part F, Vehicle Inspection and Maintenance Program, ``I/M SIP
Implementation,'' and in Section X, Part F, Appendix 1, Cache County
Ordinance 2013-4, Section 4.
(d.) Conclusion: Our review, as presented above, involved: (a.)
Section X, Part F, Vehicle Inspection and Maintenance Program, (b.)
Section X, Part F, Appendix 1, which is the Cache County Ordinance
2013-4, and (c.) Appendix 2, which is the BRHD's Regulation 2013-1, all
as compared to the applicable provisions of 40 CFR 51, subpart S for a
non-mandatory I/M program. Based on our review, we have determined that
the SIP revisions
[[Page 66678]]
sufficiently address the applicable provisions in 40 CFR 51, subpart S
for a non-mandatory I/M program and that our approval is warranted. We
are, therefore, proposing approval of the Cache County I/M program as
described and authorized in Section X, Part F, Vehicle Inspection and
Maintenance Program, Section X, Part F, Appendix 1 which is the Cache
County Ordinance 2013-4, and Appendix 2 which is the BRHD's Regulation
2013-1.
(e.) Special Consideration of the Diesel I/M Provisions in the
BRHD's Regulation 2013-1.
As we have noted above, the Cache County I/M program is not a CAA
mandatory or otherwise required I/M program. EPA takes note of the
provisions in the BRHD's Regulation 2013-1, Section 9.4.6, which states
that ``All diesel powered vehicles model year 1998 and newer shall be
tested as specified in Appendix D, Diesel Test Procedures.'' Appendix D
of Regulation 2013-1 is entitled ``Test Procedures'' and contains test
procedures for OBDII, TSI, and for Diesel Powered Vehicles.
At this point in time, EPA has not promulgated specific I/M
requirements for diesel I/M programs. We have, to date, only issued
policy guidance regarding the gathering of OBD information from OBD-
equipped diesel vehicles.\3\ As such, we do not have regulatory
language in 40 CFR part 51, subpart S to compare, for potential SIP
approval and SIP credit, the diesel I/M requirements in the BRHD's
Regulation 2013-1. However, EPA does believe the above noted diesel I/M
provisions in the BRHD's Regulation 2013-1 do have potential merit for
evaluating diesel vehicles and for reducing emissions from diesel
vehicles. We are therefore proposing approval of the diesel I/M
provisions in the BRHD's Regulation 2013-1; however, our proposed
approval is only for the purposes of strengthening the SIP and we are
not proposing approval of the provisions as a diesel I/M program nor
assigning any SIP credit.
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\3\ See EPA Office of Transportation and Air Quality: ``Best
Practices for Addressing OBD Readiness in IM Testing of Diesel
Vehicles Under 14,000 Pounds Gross Vehicle Weight Rating'', March
07, 2013.
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VI. EPA's Evaluation of the State's Associated Revisions to Utah Rules
R307-110-1, R307-110-31, and R307-110-36
(a.) Revisions to Utah Rule R307-110-1; Incorporation by Reference
The purpose of the revisions to R307-110-1 is to incorporate by
reference the Utah SIP into this section of the Utah Administrative
Rules and to advise the public the SIP is available on the UDAQ's Web
site. EPA finds this a non-controversial revision which merely
incorporates the Utah SIP into the State's Rules, which are a portion
of Utah's Codified Law, along with providing the public information
that the SIP can be accessed via the internet on the UDAQ's Web site.
The revisions to R307-110-1 were adopted by the UAQB on December 5,
2012, became State-effective on December 6, 2012, and were as submitted
by the Governor by a letter dated January 10, 2013. By a subsequent
letter dated February 25, 2013, Bryce Bird, Director, UDAQ, submitted
the necessary administrative documentation that supported the
Governor's submittal.
(b.) Revisions to Utah Rule R307-110-31; Section X, Vehicle Inspection
and Maintenance Program, Part A, General Requirements and Applicability
The purpose of the revisions to R307-110-31 is to incorporate by
reference into the Utah Rules, SIP Section X, Vehicle Inspection and
Maintenance Program, Part A, General Requirements and Applicability, as
adopted by the UAQB on December 5, 2012, and which became State-
effective on December 6, 2012. The revisions to SIP Section X, Part A,
were those as we discussed above in sections III and IV of this action
and were as submitted by the Governor by a letter dated January 10,
2013. By a subsequent letter dated February 25, 2013, Bryce Bird,
Director, UDAQ, submitted the necessary administrative documentation
that supported the Governor's submittal.
(c.) Revisions to Utah Rule R307-110-36; Section X, Vehicle Inspection
and Maintenance Program, Part F, Cache County
The purpose of the revisions to R307-110-36 is to incorporate by
reference into the Utah Rules, SIP Section X, Vehicle Inspection and
Maintenance Program, Part F, Cache County, as initially adopted by the
UAQB on December 5, 2012, and as superseded by the revisions as adopted
by the UAQB on November 6, 2013. Those revisions that were adopted by
the UAQB on November 6, 2013, became State-effective on November 7,
2013, and are the revisions to SIP Section X, Part F that we discussed
above in sections III and V of this action. The November 7, 2013,
effective revisions were submitted by the Governor by a letter dated
January 28, 2014 and were supported by a subsequent letter, dated
February 4, 2014, from Bryce Bird, Director, UDAQ, which submitted the
necessary administrative documentation.
The revisions to Utah Rules R307-110-1, R307-110-31, and R307-110-
36, as discussed above, incorporate by reference the applicable SIP
revisions into the Utah Administrative Rules which then codifies them
in the Utah Administrative Code. This is acceptable to EPA and we are,
therefore, proposing to approve these revisions to Utah Rules R307-110-
1, R307-110-31, and R307-110-36.
VII. Consideration of Section 110(1) of the Clean Air Act
Section 110(1) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of a NAAQS or any other applicable requirement of
the CAA. The provisions of Utah SIP Section X, Part A contain I/M
provisions that were previously approved by the EPA and were also
simultaneously contained in the Utah's SIP Section X for each of the
county's I/M programs (i.e., Part B, Part C, Part D, and Part E.) The
proposed SIP revisions to Section X do not weaken the previously
approved requirements and provisions in Section X of the SIP, nor do
they reduce the emission reductions achieved by the original program
areas. Instead, the revisions to SIP Section X reorganize and expand
the existing Part A requirements and provisions, to reflect the
redundant language that previously appeared in Parts B, C, D, and E,
and to expand SIP Section X to include the Cache County I/M program
(Part F). The revisions to SIP Section X, Part F incorporate a new I/M
program for Cache County that will help to reduce PM2.5
precursor emissions of NOx and VOCs. The revisions to Utah Rules R307-
110-1, R307-110-31, and R307-110-36 merely incorporate by reference the
applicable SIP revisions into the Utah Administrative Rules which then
codifies them in the Utah Administrative Code. In view of the above,
EPA proposes to find that the revisions to Utah SIP Section X, Part A,
Utah SIP Section X Part F, and Utah Rules R307-110-1, R307-110-31, and
R307-110-36 will not interfere with attainment, reasonable further
progress, or any other applicable requirement of the CAA.
VIII. Proposed Action
EPA is proposing approval of the January 10, 2013 submitted SIP
revisions to Utah's SIP Section X, Vehicle Inspection and Maintenance
[[Page 66679]]
Program, Part A, General Requirements and Applicability, and to Utah
Rules R307-110-1 and R307-110-31. In addition, EPA is proposing
approval of the January 28, 2014 submitted SIP revisions to Utah's SIP
Section X, Vehicle Inspection and Maintenance Program, Part F, Cache
County, with clarification below, and to Utah Rule R307-110-36. EPA
clarifies that with its proposed approval of Utah's SIP Section X,
Vehicle Inspection and Maintenance Program, Part F, Cache County,
Appendix 2, the provisions in the BRHD's Regulation 2013-1, Section
9.4.6 and the diesel test procedures as specified in BRHD's Regulation
2013-1, Appendix D are being proposed for approval only for purposes of
strengthening the SIP. These provisions are not being proposed for
approval as a diesel I/M program and are not being assigned any SIP
credit.
IX. 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 proposes to approve state law as
meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed 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 proposed 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, and Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 20, 2014.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2014-26630 Filed 11-7-14; 8:45 am]
BILLING CODE 6560-50-P