Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Rules and Regulations 57501 

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. 

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.); 


sroberts on DSK5SPTVN1PROD with RULES
57502 Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Rules and Regulations 

• 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Section 52.2570 is amended by 

adding paragraph (c)(128) to read as 

follows: 

§ 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] 

BILLING CODE 6560–50–P 


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