Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Amendments to Vehicle Inspection and Maintenance Program for Wisconsin

Susan Hedman
Environmental Protection Agency
September 19, 2013

[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Rules and Regulations]
[Pages 57501-57502]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22744]



[[Page 57501]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2012-0465; FRL-9827-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; Amendments to Vehicle Inspection and Maintenance Program for 
Wisconsin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a state implementation plan (SIP) revision 
submitted by the Wisconsin Department of Natural Resources on June 7, 
2012, concerning the state's vehicle inspection and maintenance (I/M) 
program in southeast Wisconsin. The revision amends I/M program 
requirements in the active control measures portion of the ozone SIP to 
reflect changes that have been implemented at the state level since EPA 
fully approved the I/M program on August 16, 2001. The submittal also 
includes a demonstration under section 110(l) of the Clean Air Act 
(CAA) addressing lost emission reductions associated with the program 
changes.

DATES: This final rule is effective on October 21, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2012-0465. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
Federal holidays. We recommend that you telephone Francisco J. Acevedo, 
Mobile Source Program Manager, at (312) 886-6061, before visiting the 
Region 5 office.

FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source 
Program Manager, Control Strategies Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6061, 
acevedo.francisco@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is being addressed by this document?
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 being addressed by this document?

    On April 25, 2013, at 78 FR 24373, EPA proposed to approve into the 
state's Federally-approved SIP several regulatory changes to the 
previously approved I/M program operating in southeast Wisconsin. The 
most significant changes to the Wisconsin I/M program took effect 
beginning on July 2008 and include:
     The elimination of I/M program testing requirements for 
vehicles not equipped with computerized second generation on-board 
diagnostic systems. This change impacted model year (MY) 1968 through 
1995 vehicles. These vehicles were previously subject to tailpipe 
testing.
     The elimination of I/M program testing requirements for 
gasoline vehicles with gross vehicle weight rating (GVWR) between 8,500 
to 10,000 pounds (lbs). This change impacted MY 1996 through 2006 
vehicles. Previously, all vehicles up to 10,000 lbs were subject to 
testing.
     The addition of I/M program testing requirements for 
gasoline vehicles with a GVWR of 10,000 to 14,000 lbs. This change 
impacted MY 2007 and later vehicles.
     The addition of I/M program testing requirements for 
diesel vehicles with a GVWR up to 14,000 lbs. This change impacted MY 
2007 and later vehicles.
    In addition to the changes discussed above, EPA is approving a 
number of minor revisions to the program that do not have a significant 
impact on overall program operations or the emissions reductions 
associated with it. A full list of the changes submitted by Wisconsin 
for EPA approval include:
     Revisions to Section 100.20, Wisconsin Statutes (2001 
Wisconsin Act 16, published August 31, 2001; 2003 Wisconsin Act 220, 
published April 22, 2003; 2005 Wisconsin Act 49, published October 27, 
2005; 2007 Wisconsin Act 20, published October 26, 2007; 2009 Wisconsin 
Act 228, published May 19, 2010);
     revisions to Section 285.30, Wisconsin Statutes (2003 
Wisconsin Act 192, published April 21, 2004; 2007 Wisconsin Act 20, 
published October 26, 2007; 2007 Wisconsin Act 33, published December 
3, 2007; 2009 Wisconsin Act 157, published March 24, 2010; 2009 
Wisconsin Act 311, published May 26, 2010);
     revisions to Wisconsin Administrative Code, Chapter NR 485 
(Clearinghouse Rule CR 05-072 effective April 1, 2006; Clearinghouse 
Rule CR 10-049 effective December 1, 2010);
     revisions to Wisconsin Administrative Code, Chapter Trans 
131 (Clearinghouse Rule CR 01-121 effective April 1, 2002; 
Clearinghouse Rule CR 07-114 effective July 1, 2008; Clearinghouse Rule 
CR 10-088 effective January 1, 2011).

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period. The comment period 
closed on May 28, 2013. EPA received no adverse comments.

III. What action is EPA taking?

    EPA is approving the revisions to the Wisconsin ozone SIP submitted 
on June 7, 2012, concerning the I/M program in southeast Wisconsin. EPA 
finds that the revisions meet all applicable requirements and will not 
interfere with reasonable further progress or attainment of any of the 
national ambient air quality standards.

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 CAA 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 CAA. 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.);

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     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 CAA; 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 18, 2013. 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 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Volatile organic compounds.

    Dated: June 12, 2013.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 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.


0
2. Section 52.2570 is amended by adding paragraph (c)(128) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (128) On June 7, 2012, the Wisconsin Department of Natural 
Resources submitted a request to revise Wisconsin's vehicle inspection 
and maintenance (I/M) program to reflect changes that have been made to 
the program since EPA fully approved the I/M program on August 16, 
2001.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, NR 485.01 Applicability; 
purpose, as published in the Wisconsin Administrative Register May 
1992, No. 437, effective June 1, 1992.
    (B) Wisconsin Administrative Code, NR 485.02 Definitions, NR 485.04 
Motor vehicle emission limitations; exemptions, and NR 485.045 Repair 
cost limit for vehicle inspection program, as published in the 
Wisconsin Administrative Register November 2010, No. 659, effective 
December 1, 2010.
    (C) Wisconsin Administrative Code, NR 485.06 Tampering with air 
pollution control equipment, as published in the Wisconsin 
Administrative Register March 2006, No. 603, effective April 1, 2006.
    (D) Wisconsin Administrative Code, NR 485.07 Inspection requirement 
for motor vehicle tampering, as published in the Wisconsin 
Administrative Register January 1997, No. 493, effective February 1, 
1997.
    (E) Wisconsin Administrative Code, Trans 131.01 Purpose and scope, 
Trans 131.02 Definitions, Trans 131.03 Emission inspection and 
reinspection, Trans 131.04 Waiver of compliance, Trans 131.05 Waiver 
emission equipment inspection, Trans 131.06 Inspection compliance, 
Trans 131.07 Voluntary inspections, Trans 131.11 Audits of inspection 
facilities, Trans 131.12 Equipment specifications and quality control, 
Trans 131.13 Licensing of inspectors, Trans 131.14 Remote sensing, 
Trans 131.15 Performance monitoring of repair facilities, as published 
in the Wisconsin Administrative Register December 2010, No. 660, 
effective January 01, 2011.
    (F) Wisconsin Administrative Code, Trans 131.08 Letter of temporary 
exemption from emission inspection requirements, and Trans 131.10 
Reciprocity, as published in the Wisconsin Administrative Register 
March 2002, No. 555, effective April 01, 2002.
    (G) Wisconsin Administrative Code, Trans 131.09 Temporary operating 
permits, and Trans 131.16 Automotive emission repair technician 
training, as published in the Wisconsin Administrative Register June 
2008, No. 630, effective July 01, 2008.
    (H) Wisconsin Administrative Code, Trans 131.17 Notification of 
inspection requirements, as published in the Wisconsin Administrative 
Register April 1996, No. 484, effective May 01, 1996.
    (I) Wisconsin Statutes, section 110.20 Motor vehicle emission 
inspection and maintenance program, as revised by 2009 Wisconsin Act 
228, enacted on May 5, 2010. (A copy of 2009 Wisconsin Act 228 is 
attached to section 110.20 to verify the enactment date.)
    (J) Wisconsin Statutes, section 285.30 Motor vehicle emissions 
limitations; inspections, as revised by 2009 Wisconsin Act 311, enacted 
on May 12, 2010. (A copy of 2009 Wisconsin Act 311 is attached to 
section 285.30 to verify the enactment date.)

[FR Doc. 2013-22744 Filed 9-18-13; 8:45 am]
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