[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Rules and Regulations]
[Pages 11742-11744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4470]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2011-0687, FRL-9635-4]


Approval and Promulgation of Implementation Plans; New York; 
Motor Vehicle Enhanced Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
proposed State Implementation Plan revision submitted by the New York 
State Department of Environmental Conservation. This revision consists 
of changes to New York's motor vehicle enhanced inspection and 
maintenance program that would eliminate the transient emission short 
test program as it relates to the New York portion of the New York-
Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone moderate 
nonattainment area. EPA is approving this State Implementation Plan 
revision because it meets all applicable requirements of the Clean Air 
Act and EPA's regulations and because the revision will not interfere 
with attainment or maintenance of the national ambient air quality 
standards in the affected area. The intended effect of this action is 
to maintain consistency between the State-adopted rules and the 
federally approved SIP.

DATES: Effective Date: This rule will be effective March 29, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OAR-2011-0687. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through 
www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 2 Office, Air Programs Branch, 290 Broadway, 25th Floor, 
New York, New York 10007-1866. This Docket Facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
Docket telephone number is 212-637-4249.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-3381.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA taking?
II. What was included in New York's proposed SIP submittal?
III. What comments Did EPA receive in response to its proposal?
IV. Summary of Conclusions
V. Statutory and Executive Order Reviews

I. What action is EPA taking?

    The EPA is approving a revision to the New York State 
Implementation Plan (SIP) pertaining to New York's motor vehicle 
enhanced inspection and maintenance (I/M) program that proposes to end 
tailpipe testing on December 31, 2010. This proposed SIP revision also 
outlines several changes to New York's enhanced I/M programs currently 
operating within the New York portion of the New York-Northern New 
Jersey-Long Island, NY-NJ-CT nonattainment area (referred to as NYMA). 
New York proposes to reduce the percentage of emissions waivers allowed 
within that area to 2% (from 3%). New York indicates that the 
decentralized program, which features on-board diagnostics inspections, 
is as effective as a centralized test-only program for modeling 
purposes.

II. What was included in New York's proposed SIP submittal?

    After completing the appropriate public notice and comment 
procedures, on July 10, 2009, the New York State Department of 
Environmental Conservation (NYSDEC) submitted to EPA a proposed SIP 
revision that includes changes to the New York State enhanced I/M 
program. The changes include a proposal to end tailpipe testing through 
the New York Transient Emissions Short Test (NYTEST) I/M program on 
December 31, 2010. The

[[Page 11743]]

proposed revision also includes a reduction in the percentage of 
emissions test waivers allowed within NYMA to 2% (from 3%) beginning in 
calendar year 2008. The SIP revision includes MOBILE6 vehicle emission 
modeling software (MOBILE6) demonstration for the high enhanced I/M 
performance standard.
    On February 15, 2011, NYSDEC made a supplemental SIP submittal to 
EPA which included recent revisions to Title 6 of the New York Codes, 
Rules and Regulations (NYCRR), Part 217, ``Motor Vehicle Emissions,'' 
and the New York State Department of Motor Vehicles (NYSDMV) regulation 
found at Title 15 NYCRR Part 79, ``Motor Vehicle Inspection.'' New York 
adopted these rule revisions to end the NYTEST I/M program. This 
submittal was also subject to public notice and comment. On September 
16, 2011 (76 FR 57696), EPA proposed to approve New York's revised I/M 
program. For a detailed discussion on the content and requirements of 
the revisions to New York's regulations, the reader is referred to 
EPA's proposed rulemaking action.

III. What comments did EPA receive in response to its proposal?

    In response to EPA's September 16, 2011 proposed rulemaking action, 
EPA received no comments.

IV. Summary of Conclusions

    EPA's review of the materials submitted indicates that New York has 
revised its I/M program in accordance with the requirements of the 
Clean Air Act, 40 CFR Part 51 and all of EPA's technical requirements 
for an approvable enhanced I/M program. EPA is approving the revisions 
to the Title 6, New York Codes, Rules and Regulations (NYCRR), Part 
217, ``Motor Vehicle Emissions,'' Subparts 217-1, 217-4 and the 
adoption of new Subpart 217-6, as effective on December 5, 2010, and 
the New York State Department of Motor Vehicles (NYSDMV) regulation 
Title 15 NYCRR Part 79 ``Motor Vehicle Inspection,'' Sections 79.1-
79.15, 79.17, 79.20, 79.21, 79.24, 79.25, as effective on December 29, 
2010, which incorporate the State's motor vehicle I/M program 
requirements. The Clean Air Act gives states the discretion in program 
planning to implement programs of the state's choosing as long as 
necessary emission reductions are met. EPA is also approving New York's 
performance standard modeling demonstration, which reflects the State's 
I/M program as it is currently implemented in the NYMA as well as 
throughout New York State.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
    <bullet> 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 30, 2012. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Oxides of nitrogen, Ozone, Reporting and recordkeeping requirements, 
Volatile organic compounds.

    Dated: February 1, 2012.
Judith A. Enck,
Regional Administrator, Region 2.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart HH--New York

0
2. In Sec.  52.1670, the table in paragraph (c) is amended by revising 
the entry under Title 6 for Part 217 and the entry under Title 15 for 
Part 79 to read as follows:

[[Page 11744]]

Sec.  52.1670  Identification of plan.

* * * * *
    (c) * * *

                                     EPA-Approved New York State Regulations
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                                            State
      New York State regulation        effective date           Latest EPA approval date             Comments
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Title 6:
 
                                                  * * * * * * *
Part 217, Motor Vehicle Emissions:
    Subpart 217-1, Motor Vehicle              12/5/10  2/28/12 [Insert page number where the
     Enhanced Inspection and                            document begins]
     Maintenance Program Requirements
     Until December 31, 2010.
    Subpart 217-4, Inspection and             12/5/10  2/28/12 [Insert page number where the
     Maintenance Program Audits Until                   document begins]
     December 31, 2010.
    Subpart 217-6, Motor Vehicle              12/5/10  2/28/12 [Insert page number where the
     Enhanced Inspection and                            document begins]
     Maintenance Program Requirements
     Beginning January 1, 2011.
 
                                                  * * * * * * *
Title 15: Part 79, ``Motor Vehicle
 Inspection Regulations''
    Sections 79.1-79.15, 79.17,              12/29/10  2/28/12 [Insert page number where the
     79.20, 79.21, 79.24, 79.25.                        document begins]
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[FR Doc. 2012-4470 Filed 2-27-12; 8:45 am]
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