Air quality implementation plans; approval and promulgation; various States: District of Columbia,

[Federal Register: June 2, 1998 (Volume 63, Number 105)]

[Rules and Regulations]

[Page 29955-29957]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr02jn98-12]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC-036-2011; FRL-6103-3]

Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Enhanced Motor Vehicle Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is granting conditional approval of a State Implementation Plan (SIP) revision submitted by the District of Columbia. This revision establishes and requires the implementation of an enhanced motor vehicle inspection and maintenance (I/M) program throughout the District. The intended effect of this action is to conditionally approve the District of Columbia enhanced motor vehicle I/M program. EPA is granting approval of this SIP revision, conditioned upon the District meeting the April 30, 1999 start date committed to and contained in its enhanced I/M SIP revision.

EFFECTIVE DATES: This final rule is effective on July 2, 1998.

ADDRESSES: Copies of the documents relevant to this action are available for public inspection during normal business hours at the Air Programs Division, U.S. Environmental Protection Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107.

FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti 215-566- 2174, at the EPA Region III address above, or via e-mail at magliocchetti. catherineepamail. epa.gov.

SUPPLEMENTARY INFORMATION:

1. Background

   On March 30, 1998 (63 FR 15118), EPA published a notice of proposed rulemaking (NPR) for the District of Columbia. The NPR proposed conditional approval of the enhanced I/M program, submitted on November 25, 1997 by the District of Columbia Department of Health (DoH). A description of the District's submittal and EPA's rationale for its proposed action were presented in the NPR and will not be restated here.

2. Public Comments/Response to Public Comments

   There were no comments submitted during the public comment period on this notice.

   [[Page 29956]]

3. Conditional Approval

   Under the terms of EPA's March 30, 1998 notice of proposed rulemaking (63 FR 15118), the District's enhanced I/M program is conditionally approved, pending full implementation of the program on or before April 30, 1998. All other aspects of the District's plan were considered approvable by EPA, in accordance with the Clean Air Act (CAA) and the federal I/M rule requirements.

4. Final Rulemaking Action

   EPA is conditionally approving the District's enhanced I/M program as a revision to the District of Columbia SIP, based upon the District commitment to begin full implementation of the program by April 30, 1999. Should the District fail to fulfill this condition by April 30, 1999, this conditional approval will convert to a disapproval pursuant to CAA section 110(k). In that event, EPA would issue a letter to notify the District that the condition had not been met, and that the approval had converted to a disapproval.

   Nothing in this action should be construed as permitting or allowing or establishing a precedent for any future request for revision to any state implementation plan. Each request for revision to the state implementation plan shall be considered separately in light of specific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements.

5. Administrative Requirements

   1. Executive Order 12866

      The Office of Management and Budget (OMB) has exempted this regulatory action from E.O. 12866 review.

   2. Regulatory Flexibility Act

      Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA may certify that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations of less than 50,000.

      Conditional approvals of SIP submittals under section 110 and subchapter I, part D of the CAA do not create any new requirements but simply approve requirements that the District is already imposing. Therefore, because the Federal SIP approval does not impose any new requirements, EPA certifies that it does not have a significant impact on any small entities affected. Moreover, due to the nature of the Federal-State relationship under the CAA, preparation of a flexibility analysis would constitute Federal inquiry into the economic reasonableness of state action. The Clean Air Act forbids EPA to base its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

      If the conditional approval is converted to a disapproval under section 110(k), based on the State's failure to meet the commitment, it will not affect any existing state requirements applicable to small entities. Federal disapproval of the state submittal does not affect its state-enforceability. Moreover, EPA's disapproval of the submittal does not impose a new Federal requirement. Therefore, EPA certifies that this disapproval action does not have a significant impact on a substantial number of small entities because it does not remove existing requirements nor does it substitute a new federal requirement.

   3. Unfunded Mandates

      Under section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA must prepare a budgetary impact statement to accompany any proposed or final rule that includes a Federal mandate that may result in estimated costs to State, local, or tribal governments in the aggregate; or to private sector, of $100 million or more. Under section 205, EPA must select the most cost-effective and least burdensome alternative that achieves the objectives of the rule and is consistent with statutory requirements. Section 203 requires EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule.

      EPA has determined that the conditional approval action promulgated does not include a Federal mandate that may result in estimated costs of $100 million or more to either State, local, or tribal governments in the aggregate, or to the private sector. This Federal action approves pre-existing requirements under State or local law, and imposes no new requirements. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action.

   4. Submission to Congress and the General Accounting Office

      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 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 rule 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. This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

   5. Petitions for Judicial Review

      Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filedin the United States Court of Appeals for 0the appropriate circuit by August 3, 1998. Filing a petition for reconsideration by the Administrator of this final rule to conditionally approve the District of Columbia enhanced I/M SIP does not affect the finality of this rule 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) of the Administrative Procedures Act).

   6. Executive Order 13045

      Protection of Children from Environmental Health Risks and Safety Risks. Executive Order 13045 (62 FR 19885, April 23, 1997), applies to any rule that is (1) likely to be ``economically significant'' as defined under Executive Order 12866, and (2) the Agency has reason to believe that the environmental health or safety risk addressed by the rule may have a disproportionate effect on children. If a regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency.

      This rule is not subject to E.O. 13045, ``Protection of Children from Environmental Health Risks and Safety Risks'' because this is not an ``economically significant'' regulatory action as defined by E.O. 12866, and

      [[Page 29957]]

      because it does not involve decisions on environmental health or safety risks that may disproportionately affect children.

      List of Subjects in 40 CFR Part 52

      Environmental protection, Air pollution control, Carbon monoxide, Hydrocarbons, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.

      Dated: May 18, 1998. William T. Wisniewski, Acting Regional Administrator, Region III.

      Chapter I, title 40, of the Code of Federal Regulations is amended as follows:

      PART 52--[AMENDED]

      1. The authority citation for part 52 continues to read as follows:

         Authority: 42 U.S.C. 7401-7671q.

         Subpart J--District of Columbia

      2. Section 52.473 is added to read as follows:

         Sec. 52.473 Conditional approval.

         The District of Columbia's November 25, 1997 submittal, for an enhanced motor vehicle inspection and maintenance (I/M) program, is conditionally approved pending full implementation of the program by April 30, 1999. Should the District fail to fulfill this condition by April 30, 1999, this conditional approval will convert to a disapproval pursuant to CAA section 110(k). In that event, EPA would issue a letter to notify the District that the condition had not been met, and that the approval had converted to a disapproval.

         [FR Doc. 98-14158Filed6-1-98; 8:45 am]

         BILLING CODE 6560-50-U