Air Plan Approval; Rhode Island; Enhanced Motor Vehicle Inspection and Maintenance Program |
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Alexandra Dunn
Environmental Protection Agency
25 May 2018
[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Rules and Regulations]
[Pages 24223-24226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11201]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2009-0436; FRL-9978-30--Region 1]
Air Plan Approval; Rhode Island; Enhanced Motor Vehicle
Inspection and Maintenance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Rhode
Island. These revisions include regulations to update the enhanced
motor vehicle inspection and maintenance (I/M) program in Rhode Island.
The revised program includes a test and repair network consisting of
on-board diagnostic (OBD2) testing for model year 1996 and newer
vehicles and tailpipe exhaust test, using a dynamometer, for model year
1995 and older vehicles. The intended effect of this action is to
approve the revised program into the Rhode Island SIP. This action is
being taken in accordance with the Clean Air Act (CAA).
DATES: This rule is effective on June 25, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2009-0436. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available at www.regulations.gov or at
the U.S. Environmental Protection Agency, EPA New England Regional
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5
Post Office Square--Suite 100, Boston, MA. EPA requests that if at all
possible, you contact the contact listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, 5 Post Office Square, Suite 100 (mail code:
[[Page 24224]]
OEP05-2), Boston, MA 02109-3912, telephone number: (617) 918-1660,
email: garcia.ariel@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On November 14, 2017, EPA published a direct final rule (82 FR
52682), as well as an accompanying notice of proposed rulemaking (NPRM)
(82 FR 52682), for the State of Rhode Island. The direct final rule
intended to approve a SIP revision submitted by the State of Rhode
Island updating Rhode Island's enhanced motor vehicle inspection and
maintenance program. Due to the receipt of an adverse comment, EPA
published a withdrawal of the direct final rule in the Federal Register
on January 9, 2018 (83 FR 984).
EPA published a second NPRM on March 2, 2018 (83 FR 8961), which
reopened the public comment period, and proposed approval of Rhode
Island's SIP revision updating the State's enhanced motor vehicle I/M
program. The formal SIP revision was submitted in two parts: (1) A
submittal made by Rhode Island on January 28, 2009, which included
regulations to update the enhanced I/M program in Rhode Island, and (2)
a supplemental submittal made by Rhode Island on February 17, 2017,
which included the emissions modeling and I/M SIP narrative required by
EPA's I/M regulations. A detailed discussion of Rhode Island's SIP
revision and EPA's rationale for proposing approval of the SIP revision
were provided in the November 14, 2017 NPRM (82 FR 52682) and will not
be restated in this document. EPA is approving Rhode Island's enhanced
I/M program SIP revision because it is consistent with the Clean Air
Act's I/M requirements and EPA's I/M regulations.
II. Response to Comments
The adverse comment received on EPA's November 14, 2017 direct
final rule (82 FR 52682) requested that EPA hold a new public comment
period, because EPA did not make all relevant documents available in
the docket at www.regulations.gov.
Prior to the reopening of the public comment period, via the NPRM
that published in the Federal Register on March 2, 2018 (83 FR 8961),
EPA made available all documents, which are compatible with the
electronic docket system, at the docket identified by Docket ID No.
EPA-R01-OAR-2009-0436 at www.regulations.gov. Also, EPA explained that
all other documents, including emissions modeling files submitted as
part of Rhode Island's enhanced motor vehicles I/M program SIP
revision, were available for public review by visiting the EPA New
England Regional Office or by contacting the contact listed in the FOR
FURTHER INFORMATION CONTACT section. The reopening of the public
comment period also served as the notice of data availability
referenced in the January 9, 2018 withdrawal of direct final rule (83
FR 984).
We received comments during the public comment period reopened by
the March 2, 2018 (83 FR 8961) NPRM. However, all but one of those
comments were not germane to our proposed approval of Rhode Island's
enhanced motor vehicle I/M program SIP revision.
Comment: A single anonymous comment, much of which included
information that was not germane to EPA's proposed approval of Rhode
Island's enhanced motor vehicle I/M program SIP revision, also stated
that ``[t]he Rule created potentially unduly burdensome requirements,
Agency [sic] has failed to show a need for Regulations [sic] Given the
extremely limited pollutant loadings and relative high costs, according
to EPA's own analysis, the requirements appear to be ripe for
substantial reduction or elimination. this [sic] entire subcategory
would be excluded by rule given the de minimis amount of pollution.''
Response: If ``The Rule'' in the submitted comment refers to EPA's
March 2, 2018 (83 FR 8961) proposed rule, EPA disagrees with the
comment because this action is merely approving Rhode Island's pre-
existing enhanced motor vehicle I/M regulations into the Rhode Island
SIP in accordance with pre-existing federal requirements under the CAA.
Rhode Island revised its motor vehicle I/M regulations in 2009 to meet
the requirements of the CAA by incorporating testing of vehicles
equipped with On-Board Diagnostics (OBD) technology for monitoring the
proper function of a vehicle's emissions controls.
III. Final Action
EPA is approving the SIP revisions submitted by the State of Rhode
Island on January 28, 2009, and supplemented with a SIP revision on
February 17, 2017. These SIP revisions contain the State's revised
enhanced motor vehicle I/M program. Specifically, EPA is approving the
Rhode Island Department of Environmental Management's Air Pollution
Control Regulation No. 34 entitled ``Rhode Island Motor Vehicle
Inspection/Maintenance Program'' (effective January 5, 2009), and the
Rhode Island Department of Motor Vehicles' ``Rhode Island Motor Vehicle
Safety and Emissions Control Regulation No. 1'' (effective January 28,
2009), and incorporating these rules into the Rhode Island SIP. EPA is
approving Rhode Island's revised I/M program because it is consistent
with the CAA and EPA's I/M regulations and it will strengthen the Rhode
Island SIP.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Rhode
Island's regulations described in the amendments to 40 CFR part 52 set
forth below. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov and at the EPA Region 1
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely
[[Page 24225]]
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 24, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 17, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart OO--Rhode Island
0
2. In Sec. 52.2070:
0
a. The table in paragraph (c) is amended by revising the entries ``Air
Pollution Control Regulation 34'' and ``Rhode Island Motor Vehicle
Safety and Emissions Control Regulation No. 1''.
b. The table in paragraph (e) is amended by adding the entry ``I/M
SIP Narrative'' at the end of the table.
The addition and revisions read as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Rhode Island Regulations
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State citation Title/subject State effective date EPA approval date Explanations
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* * * * * * *
Air Pollution Control Rhode Island Motor 1/5/2009 5/25/2018, [insert Department of Environmental
Regulation 34. Vehicle Federal Register Management regulation
Inspection/ citation]. containing I/M standards.
Maintenance Approving all sections except
Program. section 34.9.3 ``Application''
which was excluded from the
SIP submittal.
* * * * * * *
Rhode Island Motor Vehicle Rhode Island Motor 1/28/2009 5/25/2018, [insert Division of Motor Vehicles
Safety and Emissions Control Vehicle Federal Register regulation for the light-duty
Regulation No. 1. Inspection/ citation]. vehicle I/M program. Approving
Maintenance all sections except section
Program. 1.12.2 ``Penalties'' and
section 1.13 ``Proceedings for
Enforcement'' which were
excluded from the SIP
submittal.
[[Page 24226]]
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* * * * *
(e) * * *
Rhode Island Non Regulatory
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Applicable
Name of non regulatory SIP geographic or State submittal date/ effective
provision nonattainment date EPA approved date Explanations
area
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* * * * * * *
I/M SIP Narrative............ Statewide....... Submitted 2/17/2017.............. 5/25/2018, [insert Federal Narrative describing how the
Register citation]. Rhode Island I/M program meets
the requirements in the federal
I/M rule.
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[FR Doc. 2018-11201 Filed 5-24-18; 8:45 am]
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