Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Proposed Rules 5361

C. Unfunded Mandates

Under Sections 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 approval

action proposed/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,

Delaware 15% Rate of Progress Plan,

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 private sector, result

from this action.

The Administrator’s decision to

approve or disapprove the Delaware

15% Rate of Progress Plan SIP revision

will be based on whether it meets the

requirements of section 110(a)(2)(A)–(K)

and part D of the CAAA, and EPA

regulation in 40 CFR part 51.

List of Subjects in 40 CFR Parts 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental

regulations, Nitrogen oxide, Reporting

and recordkeeping, Ozone, Volatile

organic compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: January 24, 1997.

W. Michael McCabe,

Regional Administrator, Region III.

[FR Doc. 97–2848 Filed 2–4–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[DE–28–1007; FRL–5684–3]

Approval and Promulgation of Air

Quality Implementation Plans; State of

Delaware; Enhanced Motor Vehicle

Inspection and Maintenance Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed conditional approval.

SUMMARY: EPA is proposing conditional

approval of a State Implementation Plan

(SIP) revision submitted by the State of

Delaware. This revision establishes and

requires the implementation of a low

enhanced motor vehicle inspection and

maintenance (I/M) program in the

counties of Kent and New Castle. The

intended effect of this action is to

propose conditional approval of the

Delaware enhanced motor vehicle I/M

program. EPA is proposing conditional

approval because Delaware’s SIP

revision is deficient in certain aspects

with respect to the requirements of the

Clean Air Act and EPA’s I/M program

regulations. EPA regards the following

deficiencies of the Delaware program as

those most significantly affecting the

program’s operation: Lack of legal

authority, finalized program regulations,

certain testing and quality control

procedures, waiver requirements;

program evaluation requirements,

sufficient quality control procedures

and requirements; complete equipment

specifications; specific enforcement

requirements; certain public

information and consumer enforcement

requirements; certain public

information and consumer protection

requirements; sufficient enforcement

authority; sufficient test documentation

through test memoranda and procedural

memoranda. EPA is currently working

with the State on correcting these

deficiencies. Delaware conducted a

public hearing on December 18, 1996 on

additional revisions to the Delaware

I/M SIP which are intended to remedy

some of the deficiencies noted in this

notice. However, today’s rulemaking

applies to Delaware’s I/M SIP

submissions of February 24, 1995 and

November 30, 1995 which are currently

pending before EPA. EPA expects that

Delaware will work, promptly to

remedy these items, through future

submissions necessary to meet the I/M

rule requirements. In this notice, EPA

cites its concerns with the Delaware

I/M program. While some of these

concerns are less significant to the

program’s immediate success, they still

need to be corrected so as to achieve the

program’s full air quality protection

potential. This action is taken under

section 110 of the Clean Air Act.

DATES: Comments must be received on

or before March 7, 1997.

ADDRESSES: Comments may be mailed to

David L. Arnold, Chief, Ozone/CO &

Mobile Sources Section, Mailcode

3AT21, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107. Copies of the documents relevant

to this action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107 and the Delaware Department of

Natural Resources and Environmental

Control, Air Quality Management

Section, Division of Air and Waste

Management, 89 Kings Highway, PO

Box 1401, Dover, Delaware, 19903.

FOR FURTHER INFORMATION CONTACT: Paul

T. Wentworth, P.E. at 215566–2183 at

the EPA Region III address above, or via

e-mail at

Wentworth.Paul@epamail.epa.gov.

While information may be requested via

e-mail, comments must be submitted in

writing to the Region III office.

SUPPLEMENTARY INFORMATION:

I. Introduction

Motor vehicles are significant

contributors of volatile organic

compounds (VOC), carbon monoxide

(CO) and nitrogen oxide (NOX)

emissions. An important control

measure to reduce these emissions is the

implementation of a motor vehicle I/M

program. Despite being subject to the

most rigorous vehicle pollution control

program in the world, cars and trucks

still create toxic contaminants, about

half of the ozone air pollution and

nearly all of the carbon monoxide air

pollution in United States cities. Of all

highway vehicles, passenger cars and

light-duty trucks emit most of the

vehicle-related carbon monoxide and

ozone-forming hydrocarbons. They also

emit substantial amounts of nitrogen

oxides and air toxics. Although the U.S.

has made progress in reducing

emissions of these pollutants, total fleet

emissions remain high. This is because

the number of vehicle miles traveled on

U.S. roads has doubled in the last 20

years to 2 trillion miles per year,

offsetting much of the technological

progress in vehicle emission control

over the same two decades. Projections

indicate that the steady growth in

vehicle travel will continue. Ongoing

efforts to reduce emissions from

individual vehicles will be necessary to

achieve our air quality goals.

Today’s cars are absolutely dependent

on properly functioning emission

controls to keep pollution levels low.

Minor malfunctions in the emission

control system can increase emissions

significantly, and the average car on the

road emits three to four times the new

car standard. Major malfunctions in the

emission control system can cause

emissions to skyrocket. As a result, 10
5362 Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Proposed Rules

1 The air quality design value is estimated using

EPA guidance. Generally, the fourth highest

monitored value with 3 complete years of data is

selected as the ozone design value because the

standard allows one exceedance for each year. The

highest of the second high monitored values with

2 complete years of data is selected as the carbon

monoxide design value.

to 30 percent of cars are causing the

majority of the vehicle-related pollution

problem. Unfortunately, it is rarely

obvious which cars fall into this

category, as the emissions themselves

may not be noticeable and emission

control malfunctions do not necessarily

affect vehicle driveability.

Effective I/M programs, however, can

identify these problem cars and assure

their repair. I/M programs ensure that

cars are properly maintained during

customer use. I/M produces emission

reduction results soon after the program

is put in place. The Clean Air Act as

amended in 1990 (herein referred to as

the Act) requires that most polluted

areas adopt either ‘‘basic’’ or

‘‘enhanced’’ I/M programs, depending

on the severity of the problem and the

population of the area. The moderate

ozone nonattainment areas, plus

marginal ozone areas with existing or

previously required I/M programs, fall

under the ‘‘basic’’ I/M requirements.

Enhanced programs are required in

serious, severe, and extreme ozone

nonattainment areas with urbanized

populations of 200,000 or more; CO

areas that exceed a 12.7 parts per

million (ppm) design value 1 with

urbanized populations of 100,000 or

more in the Northeast Ozone Transport

Region (OTR).

‘‘Basic’’ and ‘‘enhanced’’ I/M

programs both achieve their objective by

identifying vehicles that have high

emissions as a result of one or more

malfunctions, and by requiring them to

be repaired. An ‘‘enhanced’’ program

covers more of the vehicles in operation,

employs inspection methods that are

better at finding high emitting vehicles,

and has additional features to better

assure that all vehicles are tested

properly and effectively repaired.

The Act requires states to make

changes to improve existing I/M

programs or to implement new ones for

certain nonattainment areas. Section

182(a)(2)(B) of the Act directed EPA to

publish updated guidance for I/M

programs, taking into consideration

findings of the Administrator’s audits

and investigations of these programs.

The Act further requires each area to

have an I/M program that incorporates

this guidance into the SIP. Based on

these requirements, EPA promulgated

I/M regulations on November 5, 1992

(57 FR 52950, codified at 40 Code of

Federal Regulations (CFR) 51.350–

51.373, herein referred to as the

November 1992 Rule. Flexibility

amendments to this rule, which

provided for a low enhanced I/M

performance standard were published

on September 18, 1995 (60 FR 48029)

and additional I/M flexibility

amendments for qualified areas in the

OTR were published on July 25, 1996

(61 FR 39031).

Under sections 182(c)(3), 187(a)(6)

and 187(b)(1) of the Act, any area having

a 1980 Bureau of Census-Defined

urbanized area populations of 200,000

or more and that is either: (1)

Designated as serious or worse ozone

nonattainment or (2) moderate or

serious CO attainment areas with a

design value greater than 12.7 ppm.

shall implement enhanced I/M in the

1990 Census-defined urbanized area.

The Act also established the OTR in the

Northeastern United States which

includes the States of Maine, Vermont,

New Hampshire, Massachusetts, Rhode

Island, Connecticut, Pennsylvania, New

York, New Jersey, Delaware, Maryland,

and Northern Virginia and the District

of Columbia. Sections 182(c)(3) and

184(b)(1)(A) of the Act require the

implementation of enhanced I/M

programs in all metropolitan statistical

areas (MSAs) located in the OTR that

have a population of 100,000 or more

people.

EPA’s rules for I/M established a low

and high enhanced standard. The high

enhanced I/M program achieves a

greater reduction in emissions

(approximately 36%) and uses a highly

technical test method. The low

enhanced I/M performance standard

provides flexibility for nonattainment

areas that are required to implement

enhanced I/M programs but which can

meet the Act’s emission reduction

requirements for reasonable further

progress (commonly referred to as 15%

plans) and attainment from other

sources without the stringency of the

high enhanced I/M performance

standard (60 FR 48029). All other

provisions of the November 5, 1992 I/M

rule, except as revised in 60 FR 48029

for extension of waivers and

expenditure requirements, remain

applicable to states available for low

enhanced I/M. 40 CFR 51.35(g) provides

that states may select the low enhanced

performance standard if they have an

approved SIP for 15%. In today’s

Federal Register EPA is also proposing

conditional approval of Delaware’s 15%

plan.

The I/M regulation also establishes

requirements for the following: Network

type and program evaluation; adequate

tools and resources; test frequency and

convenience; vehicle coverage; test

procedures and standards; test

equipment; quality control; waivers and

compliance via diagnostic inspection;

motorist compliance enforcement;

motorist compliance enforcement

program oversight; quality assurance;

enforcement against contractors,

stations and inspectors; data collection;

data analysis and reporting; inspector

training and licensing or certification;

public information and consumer

protection; improving repair

effectiveness; compliance with recall

notices; on-road testing; SIP revisions;

and implementation deadlines. The

performance standard for the high

enhanced I/M program is different from

the low enhanced program in that the

high enhanced performance standard is

based on high-technology transient test,

known as IM240, for new technology

vehicles (i.e, those with closed-loop

control and especially, fuel injected

engines), including a transient loaded

exhaust short test incorporating

hydrocarbons (HC), CO and NOX

cutpoints, and evaporative system

integrity (pressure) test and an

evaporative system performance (purge)

test. The low enhanced performance

standard, however, allows for idle

testing in place of high-tech testing.

Under the November 1992 I/M Rule

enhanced I/M programs were required

to initially begin phased-in

implementation by January 1, 1995,

with final full implementation slated for

January 1, 1996. Due to recent EPA rule

changes, and the flexibility afforded by

the National Highway Systems

Designation Act of 1995 (NHA), EPA

believes, as explained below, that all

states should be afforded extra time to

begin full implementation of their

enhanced I/M programs.

II. Background

Delaware is part of the OTR and

contains the following portions of the

MSA that have a population of 100,000

or more: The MSA containing Kent and

the MSA containing New Castle

Counties. Section 182(c)(3) and

184(b)(1)(A) of the Act requires all states

in the OTR region which contain MSAs

or parts thereof with populations of

100,000 or more, to submit a SIP

revision for an enhanced I/M program.

Furthermore, both Kent and New Castle

Counties are part of the PhiladelphiaWilmington-Trenton severe ozone

nonattainment area. Section 51.351(g) of

the November 1992 I/M rule as

amended by 60 FR 48029 provides that

states may select the low enhanced

performance standard if they have an

approved SIP for 15%. As previously

stated, EPA is, today, also proposing
Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Proposed Rules 5363

conditional approval of Delaware’s 15%

plan.

On February 17, 1995 the Delaware

Department of Natural Resources and

Environmental Control (DNREC)

officially submitted to EPA a revision to

the Delaware SIP for an I/M program in

Delaware, Kent and New Castle

Counties. The submittal consisted of a

copy of the final regulations in

Regulation Numbers 26 and 33 of the

Delaware Regulations Governing the

Control of Air Pollution, by way of

Secretary Order number 95–A–0012. On

November 30, 1995 Delaware officially

submitted the performance standard

evaluation as a supplement to the

February 17, 1995 SIP submittal. The

performance standard evaluation

provides for a low enhanced I/M

program. Regulation 26 provides for the

requirement that all repairs be done by

a certified repair technician. Regulation

33 provides for pressure test and antitampering checks on vehicles in Kent

and New Castle Counties.

EPA’s summary of the requirements of

the November 1992 I/M Rule as found

in 40 CFR 51.350 through 51.373, and

EPA’s analysis of Delaware’s submittal

are outlined below. A more detailed

analysis of Delaware’s submittal is

contained in a Technical Support

Document (TSD) dated 11/27/96 which

is available from the Region III office,

listed in the ADDRESSES section. Parties

desiring additional details on the federal

I/M regulation are referred to the

November 5, 1992 Federal Register

notice (57 FR 52950) or 40 CFR 51.350–

51.37, as well as the I/M Flexibility

Amendments in the September 18, 1995

Federal Register notice (60 FR 48029)

and the additional I/M flexibility

amendments for qualified areas in the

OTR, published on July 25, 1996 at (61

FR 39031)

III. EPA’s Analysis of Delaware’s Low

Enhanced I/M Program

As discussed above, section 182(c)(3),

184(b)(1)(A), 87(a)(6) and 187(b)(1) of

the Act require that States adopt and

implement regulations for an enhanced

I/M program in certain areas. Based

upon EPA’s review of Delaware’s

submittal, EPA believes Delaware has

not completely satisfied all aspects of

the Act and the November 1992 I/M

Rule. EPA has cited the deficiencies of

Delaware’s low enhanced I/M program,

below. EPA proposes to conditionally

approve the SIP if Delaware commits

within 30 days of this proposal to

correct the deficiencies identified by

this document by a date certain within

1 year of the final conditional ruling. If

Delaware corrects the deficiencies by

that date, and submits a new SIP

revision, EPA will conduct a rulemaking

to fully approve the revision. Each of

the conditions must be fulfilled by

Delaware and submitted to EPA as an

amendment to Delaware’s I/M SIP

revision. If such commitment is not

made within 30 days, EPA proposes in

the alternative to disapprove the SIP

revision. If Delaware does make a timely

commitment, but the conditions are not

met by the specified date within 1 year,

EPA proposes that this rulemaking will

convert to a final disapproval. EPA

would notify Delaware by letter that the

conditions have not been met and that

the conditional approval has converted

to a disapproval.

Applicability—40 CFR 51.350

Sections 182(c)(3) and 184(b)(1)(A) of

the Act and 40 CFR 51.350 require all

areas that are classified as serious or

worse nonattainment areas and states in

the OTR which contain MSAs or parts

thereof with populations of 100,000 or

more to implement an enhanced I/M

program. Areas classified as marginal

for ozone or moderate for CO shall meet

the requirements of a basic I/M program.

Delaware is part of the OTR. Kent and

New Castle are Delaware counties that

fall under the November 1992 I/M Rule.

Kent and New Castle Counties are

classified as severe nonattainment for

ozone and are implementing a low

enhanced I/M program.

The federal I/M regulation requires

that legislation authorizing the program

shall not sunset prior to the attainment

deadline. Delaware’s legislation, 7

Delaware Code, Chapter 67, Section

6702 provides authority to implement

the program. However, this legislation is

open ended and does not specify a date

certain up to which the program is to

continue. EPA needs confirmation

through a commitment or statement by

an authorized Delaware official that the

program shall remain in effect for as

long as required by law.

Federal I/M regulation requires that

SIPs include a list of the ZIP codes of

all areas covered by the I/M program.

This is not contained in the current

Delaware SIP submittal. EPA needs to

receive a submitted document that

details the ZIP codes of all areas covered

by the I/M program.

Therefore, EPA proposes to

conditionally approve the Delaware SIP

based upon a commitment from

Delaware within 30 days, to provide a

statement from an authorized official

that the authority to implement

Delaware’s I/M program as stated above

will continue through to attainment and

to provide ZIP code information for the

affected counties under the I/M

program. Additional information

needed to remedy the deficiencies in

this section is explained in § 51.350 of

the I/M Rule and the list in the TSD

prepared by EPA on this rulemaking.

Enhanced I/M Performance Standard—

40 CFR 51.351

In accordance with the Act and with

the November 1992 I/M Rule, the

enhanced I/M program must be

designed and implemented to meet or

exceed a minimum performance

standard, which is expressed as

emission levels in area-wide average

grams per mile (gpm) for certain

pollutants. The performance standard

shall be established using local

characteristics, such as vehicle mix and

local fuel controls, and the following

parameters: network type, start date, test

frequency, model year coverage, vehicle

type coverage, exhaust emission test

type, emission standards, emissions

control device, evaporative system

function checks, stringency, waiver rate,

compliance rate, and evaluation date.

The emission levels achieved by the

Delaware’s program design shall be

calculated using the most current

version, at the time of submittal, of the

EPA mobile source emissions factor

model. Areas shall meet the

performance standard for the pollutants

which cause them to be subject to

enhanced I/M requirements. In the case

of ozone nonattainment areas, the

performance standard must be met for

both NOX and HC. The Delaware

submittal must meet the low enhanced

I/M performance standard for HC and

NOX in Kent and New Castle Counties.

The Delaware submittal includes a

modeling demonstration of the

performance standard that uses the

following program design parameters.

EPA here notes that not all of

Delaware’s parameter assumptions are

acceptable, and as a condition of this

rulemaking Delaware must remodel its

program and demonstrate compliance

with the I/M performance standard:

Parameter Delaware’s program

Network Type ............................................................................................ Centralized test-only.

Start Date .................................................................................................. 1983 for existing programs; 1995 for area subject to the 1990 CAA.
5364 Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Proposed Rules

Parameter Delaware’s program

Frequency ................................................................................................. Biennial.

Model Years .............................................................................................. 1968 and beyond.

Vehicle type coverage .............................................................................. Light duty gasoline vehicles (LDGV), Light duty gasoline trucks 1 & 2

(LDT1, LDT2).

Exhaust emission test type ....................................................................... Idle testing of all covered vehicles.

Emission standards .................................................................................. Hydrocarbons: 220 ppm as hexane carbon monoxide: 1.2%.

Emission control ....................................................................................... Pressure test and visual check of fuel inlet restrictor, gas cap, catalytic

convertor For: 1968+ LDGV, 1970+ LDGT1 & LDGT2.

Evaporative System .................................................................................. Pressure decay test for above vehicle types.

Stringency rate .......................................................................................... 20% Pre 1981 models.

Waiver rate ............................................................................................... 3%.

Compliance rate ........................................................................................ 96%.

Evaluation dates ....................................................................................... 1996, 1999, 2002, 2005, and 2007.

The federal I/M rule requires on-road

testing of at least 0.5% of the subject

vehicle population, or 20,000 whichever

is less, as a supplement to the periodic

inspection required by the rule.

Delaware does not have adopted

regulations that implement an on-road

testing program. Delaware will need to

adopt regulations requiring on-road

testing. Therefore, EPA proposes to

conditionally approve the Delaware SIP

based on receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, adopted

regulations that implement an on-road

vehicle testing program as called out in

§ 51.351(b) of the November 1992 I/M

Rule. Additional information needed to

remedy the deficiencies in this section

is explained in § 51.351 of the I/M Rule

and the list in the TSD.

Network Type and Program

Evaluation—40 CFR 51.353

The enhanced program must include

an ongoing evaluation to quantify the

emission reduction benefits of the

program, and to determine if the

program is meeting the requirements of

the Act and the federal I/M regulations.

The SIP shall include details on the

program evaluation and shall include a

schedule for submittal of biennial

evaluation reports, data from a State

monitored or administered mass

emissions test of at least 0.1% of the

vehicles subject to inspection each year,

a description of the sampling

methodology, the data collection and

analysis system and the legal authority

enabling the evaluation program. In

addition to these requirements,

Delaware is required, in accordance

with this section of the November 1992

I/M Rule, to provide in the biennial

report, the results of undercover surveys

of inspector effectiveness related to

identifying vehicles in need of repair.

Also, Delaware is required, in its

biennial reports, to provide local fleet

emissions factors in assessing the actual

effectiveness of the I/M program.

The November 1992 I/M Rule requires

that SIPs include a description of the

evaluation schedule and protocol, the

sampling methodology, the data

collection and analysis system, the

resources and personnel for evaluation

and related details of the evaluation

program, and the legal authority

enabling the evaluation program.

Delaware has legal authority to

operate a motor vehicle program as

stated in 7 Delaware Code, Chapter 60,

Section 6010. However, Delaware’s

submittal contains no narrative

description, regulations or procedures to

address program evaluation; the

network type is not specified; and there

is no commitment that Delaware will in

fact evaluate the program.

Regarding program evaluation

elements, EPA needs to see evidence

through procedures and or regulation

that the following elements are

addressed: (1) A provision for the first

biennial evaluation to be reported to

EPA by July 1997; (2) a description of

the evaluation schedule, protocol,

sampling methodology, data collection

and analysis, and the resources and

personnel for the evaluation program.

Therefore, EPA proposes to

conditionally approve the Delaware SIP

based on receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, a description of

the evaluation schedule and protocol,

the sampling methodology, the data

collection and analysis system, the

resources and personnel for evaluation

and related details of the evaluation

program, and the legal authority

enabling the evaluation program.

Additional information needed to

remedy the deficiencies in this section

is explained in § 51.353 of the I/M Rule

and the checklist in the TSD.

Adequate Tools and Resources—40 CFR

51.354

The federal regulation requires

Delaware to demonstrate that adequate

funding of the program is available. A

portion of the test fee or separately

assessed per vehicle fee shall be

collected, placed in a dedicated fund

and used to finance the program.

Alternative funding approaches are

acceptable if demonstrated that the

funding can be maintained. Reliance on

funding from Delaware or local general

fund is not acceptable unless doing

otherwise would be a violation of

Delaware’s constitution. The SIP shall

include a detailed budget plan which

describes the source of funds for

personnel, program administration,

program enforcement, and purchase of

equipment. The SIP shall also detail the

number of personnel dedicated to the

quality assurance program, data

analysis, program administration,

enforcement, pubic education and

assistance and other necessary

functions.

Delaware’s SIP submittal does not

provide a description of resources. EPA

is aware that Delaware has funding

through the 1993 House Bill 360 which

dedicated 2.8 million dollars from state

traffic fines/violations to be used for the

enhanced I/M program. However, a

copy of the enabling legislation for these

funds was not included in Delaware’s

submittals pending before EPA. EPA

needs to receive a copy of the document

under official cover as well as

additional details on how the program

is funded. It is not clear what monies

are used for current program operation,

pressure test equipment, and where

funding will come from to purchase

equipment to perform the required mass

based transient test. Delaware needs to

provide these details.

Therefore, EPA proposes to

conditionally approve the Delaware SIP

based on receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date
Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Proposed Rules 5365

certain, within 1 year of the final

conditional rulemaking, a detailed

budget plan which describes the source

of funds for personnel, program

administration, program enforcement,

and purchase, of equipment. This

submission must also include

information on the number of personnel

dedicated to the quality assurance

program, data analysis, program

administration, enforcement, public

education and assistance and other

necessary functions. Additional

information required to remedy the

deficiencies in this section is explained

in § 51.354 of the I/M Rule and in the

TSD.

Test Frequency and Convenience—40

CFR 51.355

The enhanced I/M performance

standard assumes an annual test

frequency, however, other schedules

may be approved if the performance

standard is achieved. The SIP shall

describe the test year selection scheme,

how the test frequency is integrated into

the enforcement process and shall

include the legal authority, regulations

or contract provisions to implement and

enforce the test frequency. The program

shall be designed to provide convenient

service to the motorist by ensuring short

wait times, short driving distances and

regular testing hours.

Delaware has stated that its program

is a biennial testing program, but

Delaware does not have adopted

regulations or a narrative description of

the program test frequency or what

mechanisms are in place to insure short

wait times for the motorist during

program operation. Furthermore, the

Delaware SIP does not identify

safeguards to ensure vehicles will be

tested on schedule. The Delaware SIP

provides no regulations that require

testing stations to test any subject

vehicle presented for a test during the

station’s operating hours.

Therefore, EPA proposes to

conditionally approve the Delaware SIP

based on receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, a description of

the test year selection scheme, and how

the test frequency is integrated into the

enforcement process. This description

must include the legal authority,

regulations or contract provisions to

implement and enforce the test

frequency. The program must be

designed to provide convenient service

to the motorist by ensuring short wait

times, short driving distances and

regular testing hours. Additional

information needed to remedy the

deficiencies in this section is explained

in § 51.355 of the I/M Rule and in the

TSD.

Vehicle Coverage—40 CFR 51.356

The performance standard for

enhanced I/M programs assumes

coverage of all 1968 and later model

year light duty vehicles and light duty

trucks up to 8,500 pounds Gross Vehicle

Weight Rating (GVWR), and includes

vehicles operating on all fuel types.

Other levels of coverage may be

approved if the necessary emission

reductions are achieved. Vehicles

registered or required to be registered

within the I/M program area boundaries,

and fleets primarily operated within the

I/M program area boundaries and

belonging to the covered model years

and vehicle classes comprise the subject

vehicles. Fleets may be officially

inspected outside of the normal I/M

program test facilities, if such

alternatives are approved by the

program administration, but shall be

subject to the same test requirements

using the same quality control standards

as non-fleet vehicles and shall be

inspected in independent, test-only

facilities, according to the requirements

of 40 CFR 51.353(a). Vehicles which are

operated on federal installations located

within an I/M program area shall be

tested, regardless of whether the

vehicles are registered in state or local

I/M area.

The federal I/M program regulation

requires that SIPs include the legal

authority or rule necessary to

implement and enforce the vehicle

coverage requirement, a detailed

description of the number and types of

vehicles to be covered by the program,

and a plan for how those vehicles are to

be identified including vehicles that are

routinely operated in the area but that

may not be registered in the area. There

must also be a description of any special

exemptions including the percentage

and number of vehicles to be impacted

by the exemption.

Delaware’s current submission

provides no breakdown by model year

and weight. Since only gasoline

powered internal combustion engines

are subject to the program as provided

in Delaware regulations 26 and 33, fuel

type is not an issue. Additionally, the

Delaware SIP submittal pending before

EPA does not provide for an accounting

for registered vehicles and those

required to be registered in order to

provide an estimate of unregistered

vehicles subject to the I/M program. It

is assumed that fleet vehicles are

covered in the current regulations,

however, no provisions for fleet testing

are in the regulations and no authority

to provide for fleet testing is given.

There are no provisions to address

testing vehicles registered in other

program areas. The Delaware SIP

sumittal does not address the federal

fleet inspection program. Delaware’s

regulations provide for vehicle

exemptions from its I/M program,

however, the Delaware SIP submittal

does not include an estimate of vehicles

or a percentage of the subject fleet and

no accounting is made in Delaware’s

emissions reduction analysis.

EPA proposes to conditionally

approve the Delaware SIP based on

receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, a description of

vehicles covered by Delaware’s I/M

program, broken down by model year

and weight; an accounting for registered

vehicles and those required to be

registered in order to provide an

estimate of unregistered vehicles subject

to the I/M program. Delaware also needs

to submit provisions in its regulations

that provide for fleet testing; testing

vehicles registered in other program

areas; and provide the legal authority or

rules necessary to implement fleet

testing. With regard to the fleet

inspection program, Delaware needs to

develop regulations and procedures that

address fleet inspections and account

for this in its vehicle coverage and in

the modeling of the performance

standard. Delaware also needs to

provide information on exempted

vehicles regarding number, fleet

percentage and account for them in its

emissions reduction analysis.

Additional information needed to

remedy deficiencies noted in this

section is explained in § 51.356 of the

I/M Rule and in the TSD.

Test Procedures and Standards—40

CFR 51.357

Written test procedures and pass/fail

standards shall be established and

followed for each model year and

vehicle type included in the program.

Test procedures and standards are

detailed in 40 CFR 51.357 and in the

EPA document entitled ‘‘High-Tech I/M

Test Procedures, Emissions Standards,

Quality Control Requirements, and

Equipment Specifications’’, EPA–AA–

EPSD–IM–93–1, dated April 1994. The

federal I/M regulations also require

vehicles that have been altered from

their original certified configuration

(i.e., engine or fuel switching) to be

tested in the same manner as other

subject vehicles.

Delaware has provided detailed test

procedures for each test as well as pass/
5366 Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Proposed Rules

fail standards for each applicable model

year for each test. However, Delaware

needs to assure certain procedures

conform with procedures contained in

Appendix B to Subpart S of the

November 5, 1992 November 1992 I/M

Rule. Also regulations/procedures need

to be provided that: (1) Ensure that

initial tests are performed with no prior

repair or adjustment at the facility; (2)

provide access to permit owner

observation; (3) provide for rejection of

vehicles with missing components or

unsafe conditions; (4) provide for

appropriate retesting of primary and

secondary components; and (5) address

fuel and engine switching. Delaware

must ensure that its evaporative test

standards match EPA approved

standards.

EPA proposes to conditionally

approve the Delaware SIP based on

receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, regulations/

procedures that address the above

deficiencies. Additional information

needed to remedy the deficiencies in

this section is explained in § 51.357 of

the I/M Rule and in the TSD.

Test Equipment—40 CFR 51.358

Computerized test systems are

required for performing any

measurement on subject vehicles. The

federal I/M regulation requires that SIP

submissions include written technical

specifications for all test equipment

used in the program. The specifications

shall describe the emission analysis

process, the necessary test equipment,

the required features, and written

acceptance testing criteria and

procedures.

Delaware’s submission contains

written technical specifications that

addresses pass/fail criteria, calibration

adjustments and quality control for idle

testing. However no test specifications

are provided for the idle or pressure

tests. The State’s submission does not

describe equipment acceptance testing

criteria and procedures. The test

equipment is capable of testing all

subject vehicles, however written test

equipment specifications are not

contained in the submission.

Additionally, there is no commitment to

update test equipment and no

description of the test system

configuration.

EPA proposes to conditionally

approve the Delaware SIP based on

receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, regulations/

procedures that address the general

deficiencies noted above. Additional

information needed to remedy the

deficiencies in this section is explained

in § 51.358 of the I/M Rule and in the

TSD.

Quality Control—40 CFR 51.359

Quality control measures shall insure

that emissions measurement equipment

is calibrated and maintained properly

and that inspection, calibration records,

and control charts are accurately

created, recorded and maintained.

Delaware has provided a description

of quality control measures for

emissions measurement equipment,

however, the remaining requirements of

this section have not been addressed.

These include but are not limited to: A

quality control procedures manual or

related document; proper calibration

measures and associated record keeping;

preventive maintenance measures/

provisions for proper recording of

quality control information. In addition,

the Delaware SIP does not contain

provisions for maintenance, calibration

and insuring test accuracy; equipment

specifications; for steady-state and

evaporative test equipment.

EPA proposes to conditionally

approve the Delaware SIP based on

receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, regulations/

procedures and/or documents that

address the general deficiencies noted

above. Additional information needed

to remedy the deficiencies in this

section is explained in § 51.359 of the

I/M Rule and the checklist in the TSD.

Waivers & Compliance via Diagnostic

Inspection—40 CFR 51.360

The federal I/M regulations allows for

the issuance of a waiver, which is a

form of compliance with the program

requirements that allows a motorist to

comply without meeting the appropriate

test standards. For enhanced I/M

programs, an expenditure of at least

$450 in repairs, adjusted annually to

reflect the change in the Consumer Price

Index (CPI) as compared to the CPI for

1989, is required in order to qualify for

a waiver. Waivers can only be issued

after a vehicle has failed a retest

performed after all qualifying repairs

have been made. Any available warranty

coverage must be used to obtain repairs

before expenditures can be counted

toward the cost limit. Tampering related

repairs shall not be applied toward the

cost limit. Repairs must be appropriate

to the cause of the test failure. The

federal regulation allows for compliance

via a diagnostic inspection after failing

a retest on emissions and requires

quality control of waiver assurance. The

SIP must set a maximum waiver rate

and must describe corrective action that

would be taken if the waiver rate

exceeds that committed to in the SIP.

Delaware has provisions in its

regulations for issuance of waivers and

has demonstrated that it has the

necessary legal authority to issue the

waivers and administrate the waiver

system. It establishes the minimum

dollar expenditure amounts for waivers

to be issued in the areas that are

required to implement the basic I/M

program. However, in Kent and New

Castle Counties, where the low

enhanced program applies, the same

basic waiver rate is in place. This does

not meet the minimum requirement of

$450 which is a statutory requirement of

the Act.

Time extensions are part of

Delaware’s rule provisions, but these

provisions only partially fulfill the

requirements regarding time extensions

under this section. The Delaware SIP

provides for the performance of a

documented physical and functional

analysis and for the cut point

requirements which are consistent with

EPA requirements. However, the

Delaware SIP contains provisions that

only partially fulfill the requirements

for the quality control of waiver

issuance.

EPA proposes to conditionally

approve the Delaware SIP based on

receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, regulations/

procedures and/or documents that

address the general deficiencies

mentioned above. Additional

information needed to remedy the

deficiencies in this section is explained

in § 51.360 of the I/M Rule and in the

TSD.

Motorist Compliance Enforcement—40

CFR 51.361

The federal regulation requires that

compliance shall be ensured through

the denial of motor vehicle registration

in enhanced I/M programs unless an

exception for use of an existing

alternative is approved. SIPs shall

provide information concerning the

enforcement process, legal authority to

implementation and enforce the

program, and a commitment to a

compliance rate to be used for modeling

purposes and to be maintained in

practice.
Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Proposed Rules 5367

As a condition for this approval,

Delaware needs to provide EPA with the

specific details of its Motorist

Compliance Enforcement program.

Although Delaware has a registration

denial system, under the basic I/M

program, no details have been provided.

The SIP submittal must include a

commitment to maintain a specified

enforcement level to be used for

modeling purposes.

EPA proposes to conditionally

approve the Delaware SIP based on

receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, regulations/

procedures and/or documents that

address the general deficiencies noted

above. Additional information needed

to remedy the deficiencies noted above

is explained in § 51.361 of the I/M Rule

and in the TSD.

Motorist Compliance Enforcement

Program Oversight—40 CFR 51.362

The federal I/M regulation requires

that the enforcement program shall be

audited regularly and shall follow

effective program management

practices, including adjustments to

improve operation when necessary. The

SIP shall include quality control and

quality assurance procedures to be used

to insure the effective overall

performance of the enforcement system.

An information management system

shall be established which will

characterize, evaluate and enforce the

program.

Although Delaware has motorist

compliance enforcement oversight

procedures/regulations, they were not

provided in the SIP submittal,

specifically, 7 Delaware Code, Chapter

67 for enforcement procedures. These

need to be provided to EPA along with

the procedures manual.

EPA proposes to conditionally

approve the Delaware SIP based on

receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, regulations/

procedures and/or documents that

address the general deficiencies noted

above. Additional information needed

to remedy the deficiencies noted above

is explained in § 51.362 of the I/M Rule

and in the TSD.

Quality Assurance—40 CFR 51.363

An ongoing quality assurance

program shall be implemented to

discover, correct, and prevent fraud,

waste and abuse in the program. The

program shall include covert and overt

performance audits of the inspectors,

audits of station and inspector records,

equipment audits, and formal training of

all State I/M enforcement officials and

auditors. A description of the quality

assurance program which includes

written procedure manuals on the above

discussed items must be submitted as

part of the SIP.

As a condition for approval, Delaware

needs to provide the EPA details of its

existing quality assurance program that

fulfill the detailed requirements listed

in § 51.363 of the I/M rule.

EPA proposes to conditionally

approve the Delaware SIP based on

receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, regulations/

procedures and/or documents that

address the general deficiencies of this

section. Additional information needed

to remedy the deficiencies in this

section is explained in § 51.363 of the

I/M Rule and in the TSD.

Enforcement Against Contractors,

Stations and Inspectors—40 CFR 51.364

Enforcement against licensed stations,

contractors, and inspectors shall include

swift, sure, effective and consistent

penalties for violation of program

requirements. The federal I/M

regulation requires the establishment of

minimum penalties for violations of

program rules and procedures which

can be imposed against stations,

contractors and inspectors. The legal

authority for establishing and imposing

penalties, civil fines, license

suspensions and revocations must be

included in the SIP. State quality

assurance officials shall have the

authority to temporarily suspend station

and/or inspector licenses immediately

upon finding a violation that directly

affects emission reduction benefits,

unless constitutionally prohibited. An

official opinion explaining any state

constitutional impediments to

immediate suspension authority must

be included in the submittal. The SIP

shall describe the administrative and

judicial procedures and responsibilities

relevant to the enforcement process,

including which agencies, courts and

jurisdictions are involved, who will

prosecute and adjudicate cases and the

resources and sources of those resources

which will support this function.

7 Delaware Code, Chapter 60, section

6010 provides general authority to

Secretary to adopt regulations necessary

to implement program. However,

Delaware has provided no procedures

that address any requirements of this

section. No specific regulation is

provided for enforcement against

stations, inspectors, or contractors, nor

is a penalty schedule provided.

Delaware has not demonstrated that it

has existing regulations under the basic

I/M program.

The EPA proposes to conditionally

approve the Delaware SIP based on

receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, adopted

regulations, rules and procedures that

address the deficiencies of this section.

Additional information needed to

remedy the deficiencies in this section

is explained in § 51.364 of the I/M Rule

and in the TSD.

Data Collection Section—40 CFR 51.365

Accurate data collection is essential to

the management, evaluation and

enforcement of an I/M program. The

federal I/M regulation requires data to

be gathered on each individual test

conducted and on the results of the

quality control checks of test equipment

required under 40 CFR § 51.359.

Delaware’s SIP did not address data

collection. Delaware needs to either

demonstrate that it has existing data

procedures that meet the requirements

of this section or develop and submit

regulations/provisions/procedures that

meet this requirement.

The EPA proposes to conditionally

approve the Delaware SIP based on

receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, adopted

regulations/procedures that address the

deficiencies of this section. Additional

information needed to remedy the

deficiencies in this section is explained

in § 51.365 of the I/M Rule and in the

TSD.

Data Analysis and Reporting—40 CFR

51.366

Data analysis and reporting are

required to allow for monitoring and

evaluation of the program by Delaware

and EPA. The federal I/M regulation

requires annual reports to be submitted

which provide information and

statistics and which summarize

activities performed for each of the

following programs: Testing, quality

assurance, quality control and

enforcement. These reports are to be

submitted by July of each year and shall

provide statistics for the period from

January to December of the previous

year. A separate biennial report shall be

submitted to EPA which addresses

changes in program design, regulations,
5368 Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Proposed Rules

legal authority, program procedures and

any weaknesses in the program found

during the two year period and how

these problems will be or have been

corrected.

Delaware’s SIP did not address data

analysis and reporting provisions.

Delaware needs to either show EPA that

it has existing data analysis procedures

that meet the requirements of this

section or develop and submit

regulations/provisions/ procedures that

meet this requirement.

The EPA proposes to conditionally

approve the Delaware SIP based on

receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, adopted

regulations/procedures that address the

deficiencies of this section. Additional

information needed to remedy the

deficiencies in this section is explained

in § 51.366 of the I/M Rule and in the

TSD.

Inspector Training and Licensing or

Certification—40 CFR 51.367

The federal I/M regulations requires

all inspectors to be formally trained and

licensed or certified to perform

inspections.

Regulation 26, Section 8 and

Regulation 33, Section 8 requires

certification of motor vehicle officers.

These regulations also have provisions

stipulating that motor vehicle officers

complete a training course approved by

the Delaware Division of Motor

Vehicles. However, no description of

the training course is given in the

submission.

The EPA proposes to conditionally

approve the Delaware SIP based on

receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, adopted

regulations/procedures that address the

deficiencies of this section. Additional

information needed to remedy the

deficiencies in this section is explained

in § 51.367 of the I/M Rule and in the

TSD.

Public Information and Consumer

Protection—40 CFR 51.368

The federal I/M regulation requires

the SIP to include public information

and consumer protection.

Delaware needs to provide

provisions/measures that it will

implement to protect the consumer and

provide for public awareness.

The EPA proposes to conditionally

approve the Delaware SIP based on

receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, adopted

regulations/procedures that address the

deficiencies of this section. Additional

information needed to remedy the

deficiencies in this section is explained

in § 51.368 of the I/M Rule and in the

TSD.

Improving Repair Effectiveness—40 CFR

51.369

Effective repairs are the key to

achieving program goals. The federal

regulation requires states to take steps to

ensure that the capability exists in the

repair industry to repair vehicles. The

SIP must include a description of the

technical assistance program to be

implemented, a description of the

procedures and criteria to be used in

meeting the performance monitoring

requirements required in the federal

regulation and a description of the

repair technician training resources

available in the community.

EPA understands that the Delaware

Department of Natural Resources and

Environmental Control (DNREC) is

jointly developing a technician training

course with the Delaware Community

College. The Delaware SIP must include

information on this program as well as

provisions for monitoring performance

of repair facilities.

The EPA proposes to conditionally

approve the Delaware SIP based on

receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, adopted

regulations/procedures that address the

deficiencies of this section. Additional

information needed to remedy the

deficiencies in this section is explained

in § 51.369 of the I/M Rule and in the

TSD.

Compliance with Recall Notices—40

CFR 51.370

The federal regulation requires that

Delawares establish methods to ensure

that vehicles which are subject to

enhanced I/M and are included in an

emission related recall receive the

required repairs prior to completing the

emission test and/or renewing the

vehicle registration.

Delaware must address all the

provisions for recall notices under the

federal regulation and noted in the TSD

and as required under § 51.370 of the

November 1992 I/M Rule.

The EPA proposes to conditionally

approve the Delaware SIP based on

receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, adopted

regulations/procedures that address the

deficiencies in this Section. Additional

information needed to remedy the

deficiencies in this section is explained

in § 51.370 of the I/M Rule and in the

TSD.

On-Road Testing—40 CFR 51.371

On-road testing is required in

enhanced I/M areas. The use of either

remote sensing devices (RSD) or

roadside pullovers including tailpipe

emission testing can be used to meet the

federal regulations. The program must

include on-road testing of 0.5% of the

subject fleet or 20,000 vehicles,

whichever is less, in the nonattainment

area or the I/M program area. Motorists

that have passed an emissions test and

are found to be high emitters as a result

of an on-road test shall be required to

pass an out-of-cycle test.

No legal authority to implement an

on-road testing program was included in

the Delaware SIP. The general authority

to implement a program may be

sufficient to require on-road testing,

however, Delaware has no regulations in

place to implement on-road testing.

The EPA proposes to conditionally

approve the Delaware SIP based on

receiving within 30 days of the

publication of this notice, Delaware’s

commitment to submit to EPA by a date

certain, within 1 year of the final

conditional rulemaking, adopted

regulations/procedures that address the

deficiencies of this section. Additional

information needed to remedy the

deficiencies in this section is explained

in § 51.371 of the I/M Rule and in the

TSD.

State Implementation Plan Submittals/

Submission Deadlines—40 CFR 51.372

through 51.373

Delaware’s submittal contains the

following: (1) The legislative authority

to implement the program; (2)

Regulation 33 that adds a requirement

for a pressure test and anti-tampering

checks on light duty vehicles 1968 and

newer and light duty trucks 1970 and

newer in Kent and New Castle Counties;

(3) Regulation 26 that adds a

requirement that repairs on 1981 and

later model year vehicles be performed

by certified repair technicians to qualify

for a waiver. This program became

effective on January 1, 1997; and (4) the

low enhanced performance standard

evaluation. Delaware has indicated that

its pressure test and anti-tampering

program was effective as of January 1,

1995.
Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Proposed Rules 5369

Delaware has demonstrated that the

program meets the low-enhanced

performance standard. Delaware has

shown that program will achieve an air

quality benefit. However, there are some

specific administrative requirements of

the rule that they have not addressed.

Delaware has not adequately addressed:

The waiver requirements; on-road

testing requirements; program

evaluation using mass based transient

test procedure; specifics on network

type and test frequency; sufficient

quality control procedures and

requirements; complete equipment

specifications; specific enforcement

requirements; public information and

consumer protection requirements;

sufficient enforcement authority;

sufficient test document through test

memoranda and procedural

memoranda.

EPA understands that Delaware has

adopted certain legislation and

procedures that were not included in

the submittals pending before EPA.

Once legislation, regulations and/or

procedures have gone through the

adoption process, they will need to be

officially submitted to EPA as a SIP

revision supplement to the I/M SIP.

Where new regulations/procedures are

developed, the public notice and

hearing process in section 110 of Act

must be followed. EPA has a list of

missing procedural manuals and

enabling legislation in the TSD prepared

on this rulemaking. EPA believes that

most of the noted deficiencies can be

addressed through regulation

amendments and procedure manuals.

The one exception is the lack of

provisions establishing a $450 waiver

limit as prescribed in the Act. All states

with enhanced programs are required to

have this limit. EPA also remains

concerned about how Delaware can

maintain a 3% waiver limit using a

$200/$75 waiver amount. EPA believes

that the extension of the waiver

deadline called out in the I/M rule, as

revised in 60 FR 48029, will afford

Delaware the opportunity to improve

technician training so that by 1998, the

majority of vehicles would be repaired

below the CPI adjusted $450 minimum

waiver amount. Nevertheless, Delaware

must take corrective action to address

the waiver requirements and must also

must take corrective action if the waiver

rate exceeds that provided for in the

Delaware SIP.

Therefore, EPA proposes to

conditionally approve the Delaware SIP

based upon a commitment from

Delaware within 30 days, to adopt and

submit final regulations to EPA and cure

all of the deficiencies related to this

section of the November 1992 I/M Rule

as explained above, by a date certain

within 1 year. If Delaware fails to make

the commitment, EPA proposes in the

alternative to disapprove the SIP. If

Delaware fails to meet the condition by

the date specified, EPA proposes to

convert this rule making to a

disapproval at that time by letter.

EPA’s review of the material indicates

that with the conditions described

above, Delaware has adopted a low

enhanced I/M program in accordance

with the requirements of the Act. EPA

is proposing to conditionally approve

the Delaware I/M SIP revision which

was submitted to this office on February

24, 1995 and November 30, 1995 subject

to the conditions described above. EPA

is soliciting public comments on the

issues discussed in this notice or on

other relevant matters. Interested parties

may participate in the Federal

rulemaking procedure by submitting

written comments to the EPA Regional

offices listed in the Addresses section of

this notice.

Proposed Action

EPA proposes to conditionally

approve the SIP if Delaware commits

within 30 days of this proposal to

correct the deficiencies identified by

this document by a date certain within

1 year of the final conditional ruling. If

Delaware corrects the deficiencies by

that date, and submits a new SIP

revision, EPA will conduct rulemaking

to fully approve the revision. Each of

the conditions must be fulfilled by

Delaware and submitted to EPA as an

amendment to Delaware’s I/M SIP

revision. If such commitment is not

made within 30 days, EPA proposes in

the alternative to disapprove the SIP

revision. If Delaware does make a timely

commitment, but the conditions are not

met by the specified date within 1 year,

EPA proposes that this rulemaking will

convert to a final disapproval. EPA

would notify Delaware by letter that the

conditions have not been met and that

the conditional approval has converted

to a disapproval.

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.

SIP approvals under section 110 and

subchapter I, part D of the requirements

that Delaware 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 Act, preparation

of a flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The 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 Delaware’s

failure to meet the commitment, it will

not affect any existing State

requirements applicable to small

entities. Federal disapproval of

Delaware’s submittal would not affect

its state-enforceability. Moreover, EPA’s

disapproval of the submittal would not

impose a new Federal requirement.

Therefore, EPA certifies that should this

approval convert to a disapproval, this

disapproval action would not have a

significant impact on a substantial

number of small entities because it

would not remove existing requirements

nor would it substitute a new federal

requirement.

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 that

includes a Federal mandate that may

result in estimated costs to Delaware,

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under section

205, EPA must select the most costeffective 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 approval

action proposed/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 requirements under State or

local law, and imposes no new Federal

requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

This action has been classified as a

Table 3 action for signature by the
5370 Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Proposed Rules

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from E.O. 12866

review.

If Delaware fails to meet any of the

conditions of this approval action, the

EPA Regional Administrator would

directly make a finding, by letter, that

the conditional approval had converted

to a disapproval and the clock for

imposition of sanctions under section

179(a) of the Act would start as of the

date of the letter. Subsequently, a notice

would be published in the Federal

Register announcing that the SIP

revision has been disapproved.

The Administrator’s decision to

approve or disapprove the Delaware I/

M SIP revision will be based on whether

it meets the requirements of section

110(a)(2) (A)–(K) of the Clean Air Act,

as amended, and EPA regulations in 40

CFR Part 51.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements.

Authority: 42 U.S.C. 7401–7671q.

Dated: January 24, 1997.

W. Michael McCabe,

Regional Administrator, Region III.

[FR Doc. 97–2847 Filed 2–4–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 72, 73, 74, 75, 77, and 78

[FRL–5684–6]

RIN 2060–AF43, AF46, and AF47

Acid Rain Program; Permits,

Allowance System, Sulfur Dioxide OptIns, Continuous Emission Monitoring,

Excess Emissions, and Appeal

Procedures

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of extension of comment

period on proposed rule.

SUMMARY: On December 27, 1996 (61 FR

68340), the Environmental Protection

Agency (EPA) promulgated a proposed

rule revising the permits, allowance

system, sulfur dioxide opt-ins,

continuous emission monitoring, excess

emissions, and appeal procedures rules.

The proposed rule streamlines the Acid

Rain Program while still ensuring

achievement of its statutory goals of

reducing sulfur dioxide and nitrogen

oxides emissions and the adverse health

and ecological impacts of acidic

deposition. EPA is extending the

comment period so that comments on

the proposed rule are due on February

10, 1997.

DATES: Comments on the December 27,

1996, proposed rule must be received on

or before February 10, 1997.

ADDRESSES: Comments. Comments

should be submitted in duplicate to EPA

Air Docket Section (6102), Waterside

Mall, Room M1500, 1st Floor, 401 M

Street, S.W., Washington, D.C. 20460.

Docket. Docket No. A–95–56

containing supporting information used

to develop the proposal is available for

public inspection and copying from 8:30

a.m. to 12 p.m. and 1 p.m. to 3:30 p.m.,

Monday through Friday, excluding legal

holidays, at EPA’s Air Docket Section at

the above address. A reasonable fee may

be charged for copying.

FOR FURTHER INFORMATION CONTACT:

Kathy Barylski, at (202) 233–9074, U.S.

Environmental Protection Agency, 401

M Street, S.W., Acid Rain Division

(6204J), Washington D.C. (concerning

revisions of parts 73 and 75); Dwight C.

Alpern, Attorney-advisor, at (202) 233–

9151 (same address) (concerning all

other revisions); or the Acid Rain

Hotline, at (202) 233–9620.

SUPPLEMENTARY INFORMATION: On

January 24, 1997, EPA received a

request that the period for submission of

comments on the December 27, 1996,

proposed rule be extended for 14 more

days. EPA has considered the extension

request as well as the importance of

completing this rulemaking

expeditiously. In light of these

considerations, EPA extends the

comment period to February 10, 1997.

Dated: January 28, 1997.

Brian J. McLean,

Director, Acid Rain Program, Office of

Atmospheric Programs, Office of Air and

Radiation.

[FR Doc. 97–2844 Filed 2–4–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[OPP–300451; FRL–5584–6]

Formic Acid; Proposed Tolerance

Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to establish

exemptions from the requirement of a

tolerance for residues of the biochemical

pesticide formic acid in or on honey and

beeswax when used to control tracheal

mites in bee colonies and applied in

accordance with accepted apiarian

practices.

DATES: Comments, identified by the

docket control number [OPP–300451],

must be received on or before March 7,

1997.

ADDRESSES: By mail, submit written

comments to: Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person,

deliver comments to: Rm. 1132, Crystal

Mall #2, 1921 Jefferson Davis Highway,

Arlington, VA.

Information submitted as a comment

concerning this document may be

claimed confidential by marking any

part or all of that information as

‘‘Confidential Business Information’’

(CBI). Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the comment that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

will be included in the public record by

EPA without prior notice. The public

record is available for public inspection

in Rm. 1132 at the address given above,

from 8:30 a.m. to 4 p.m., Monday

through Friday, excluding legal

holidays.

Comments and data may also be

submitted electronically by sending

electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Electronic

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.

Comments and data will also be

accepted on disks in WordPerfect in 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by the docket control

number, [OPP–300451]. No CBI should

be submitted through e-mail. Electronic

comments on this proposed rule may be

filed online at many Federal Depository

Libraries. Additional information on

electronic submissions can be found in

unit IV. of this preamble.

FOR FURTHER INFORMATION CONTACT: By

mail: Diana M. Horne, c/o Product

Manager (PM) 90, Biopesticides and

Pollution Prevention Division (7501W),

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location, telephone number, and

e-mail address: Rm. 5–W57, CSI, 2800

Crystal Drive, Arlington, VA, (703) 308–