45530 Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Proposed Rules 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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 proposed rule 

pertaining to NSR requirements for 

PM2.5 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

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

Dated: July 20, 2012. 

James W. Newsom, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–18802 Filed 7–31–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0695; FRL–9708–3] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Albuquerque/Bernalillo County: Motor 

Vehicle Inspection 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions from the Governor of New 

Mexico to the State Implementation 

Plan for Air Quality for the City of 

Albuquerque/Bernalillo County area 

pursuant to the Clean Air Act. The 

revision addresses 20.11.100 NMAC, 

Motor Vehicle Inspection, and was 

submitted on July 28, 2011. This 

revision includes addition of emissions 

inspections for 1998 and newer diesel 

vehicles less than 10,001 pounds and all 

gasoline/electric hybrid vehicles; 

changes test frequency for some model 

year vehicles; allows motorists that are 

financially incapable of paying for 

certain repairs to apply for a time 

extension; makes minor test procedure 

changes; codifies certain regulatory 

language from the VPMD Procedures 

Manual into 20.11.100 NMAC; 

reorganizes 20.11.100 NMAC; and 

makes numerous non-substantive 

changes to clarify and improve 

readability of these rules. This action is 

being taken under section 110 of the 

Clean Air Act (the Act). 

DATES: Comments must be received on 

or before August 31, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2011–0695, by one of the 

following methods: 

(1) www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

(2) Email: Ms. Sandra Rennie at 

rennie.sandra@epa.gov. 

(3) Fax: Ms. Sandra Rennie, Air 

Planning Section (6PD–L), at fax 

number 214–665–6762. 

(4) Mail: Ms. Sandra Rennie, Air 

Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

(5) Hand or Courier Delivery: Ms. 

Sandra Rennie, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8:30 a.m. and 4:30 p.m. 

weekdays except for legal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2011– 

0695. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

email, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to EPA without going 

through http://www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment along with any disk or CD– 

ROM submitted. If EPA cannot read 

your comment due to technical 

difficulties and cannot contact you for 

clarification, EPA may not be able to 

consider your comment. Electronic files 

should avoid the use of special 

characters and any form of encryption 

and should be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket are 

listed in the http://www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

the disclosure of which is restricted by 

statute. Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. A 15 cent 

per page fee will be charged for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area on the seventh 

floor at 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733. The State 

submittal related to this SIP revision, 

which is part of the EPA docket, is also 

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Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Proposed Rules 45531 

available for public inspection at the 

State and Local Air Agencies listed 

below during official business hours by 

appointment: 

New Mexico Environment 

Department, Air Quality Bureau, 1190 

St. Francis Drive, Santa Fe, New 

Mexico. 

Albuquerque Environmental Health 

Department, Suite 3023, One Civic Plaza 

(400 Marquette Avenue NW.), 

Albuquerque, NM 87102. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning today’s 

proposed action, please contact Ms. 

Sandra Rennie (6PD–L), Air Planning 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–L), Suite 1200, Dallas, Texas 

75202–2733, telephone (214) 665–7367; 

fax number (214) 665–6762; email 

address rennie.sandra@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document the 

following terms have the meanings 

described below: 

‘‘We’’, ‘‘us’’ and ‘‘our’’ refer to EPA. 

Table of Contents 

I. What action is EPA proposing? 

II. EPA’s Evaluation 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. What action is EPA proposing? 

We are proposing to approve revisions 

to the State Implementation Plan (SIP) 

for Air Quality in New Mexico 

submitted by the State of New Mexico 

on July 28, 2011, that apply to the motor 

vehicle inspection and maintenance (I/ 

M) program in Bernalillo County and 

the City of Albuquerque. Among the 

revisions to the I/M rules at 20.11.100 

NMAC are expanding the vehicle I/M 

program to cover model year 1998 and 

newer diesel motor vehicles greater than 

1,000 and less than 10,001 pounds, and 

all hybrid vehicle gasoline engines, 

changing the test frequency for some 

model year vehicles, revising an 

exemption for certain low income 

vehicle owners from the $300 repair or 

repair estimate threshold, and revising 

some test procedures. Regulatory 

language from the VPMD (Vehicle 

Pollution Management Division) 

Procedures Manual is now codified in 

the I/M rules. Numerous nonsubstantive ministerial revisions are 

being proposed for approval because 

they add clarity and improve readability 

of the rules. A detailed evaluation of 

these revisions is provided in the 

Technical Support Document (TSD) that 

was prepared for this rulemaking. 

II. EPA’s Evaluation 

Fuel Type Subject to Testing 

Although not required by federal rule, 

model year 1998 and newer 

compression ignition powered (diesel) 

motor vehicles of a certain size are now 

included in the vehicle I/M program. 

Diesel vehicles that are greater than 

1,000 pounds gross vehicle weight 

(GVW) but less than 10,001 pounds 

GVW are covered by On-Board 

Diagnostics second generation (OBDII) 

testing. Repair of tested but failing 

diesel vehicles will result in fewer 

emissions of particulate matter, and 

oxides of nitrogen (NOX, a precursor of 

ozone formation). Testing for this fuel 

type will start on January 1, 2013, as 

adopted in the rule. 

Gasoline/electric hybrids are no 

longer exempt from testing. Technology 

improvements have made testing the 

small gasoline engines found in hybrids 

now possible. Including the growing 

number of these hybrid vehicles in the 

I/M program will result in greater 

emission reductions of Volatile Organic 

Compounds and NOX in the program 

area. 

Model Years Subject to Testing 

A clarification is made about the 

newest model years that are exempt 

from testing. Two registration periods is 

clarified to mean four (4) years. 

Model year 1975–1985 vehicles are 

now required to get tested on a biennial 

schedule. Previously, these vehicles 

were on an annual testing schedule. The 

Vehicle Pollution Management Division 

Program (Program) provided a de 

minimis demonstration that showed 

how making this change will not have 

an adverse impact on emissions from 

this group of vehicles. Other provisions 

in the rule require vehicles in this age 

group to have annual inspections if their 

HC (hydrocarbon) or CO (carbon 

monoxide) emissions are more than 

75% of the standard for those 

pollutants. Based on the technical 

demonstration provided by the Program 

and the regulatory backstop for vehicles 

approaching the standard, EPA proposes 

to approve this revision because it will 

not interfere with attainment and 

reasonable further progress of the 

NAAQS or any other applicable 

requirement of the CAA. See 42 U.S.C. 

7410(l); CAA 110(l). 

Motor vehicles 35 years old or older 

are now exempt from testing. The 

Program estimates that less than 300 

vehicles per year would fall into this age 

group. We agree that this small number 

will not have an adverse impact on the 

SIP considering the other emission 

reduction enhancements being made to 

the I/M program at the same time. 

Therefore, we propose to approve this 

revision because it will not interfere 

with attainment and reasonable further 

progress of the NAAQS or any other 

applicable requirement of the CAA. See 

42 U.S.C. 7410(l); CAA 110(l). 

Test Procedures 

Minor changes to test procedures 

include requiring a visual inspection for 

a catalytic converter on all OBDIIequipped vehicles. The program is also 

limiting the gas cap pressure check to 

1975–2005 vehicles. Increased OBD 

sensitivity for evaporative emissions in 

2006 and newer vehicles will eliminate 

the need for a separate gas cap test on 

these newer vehicles. Therefore, we 

propose to approve this revision 

because it will not interfere with 

attainment and reasonable further 

progress of the NAAQS or any other 

applicable requirement of the CAA. See 

42 U.S.C. 7410(l); CAA 110(l). 

Time Extensions for Individuals on 

Public Assistance 

The requirement for spending at least 

$300 for repairs to apply for a time 

extension has been revised to instead 

require a repair estimate of $300 or more 

from a licensed repair facility and proof 

that the individual is financially 

incapable of paying for the needed 

repairs. The Program has seen 

ineffective partial repairs as a result of 

this requirement for this income group 

of vehicle owners. The purpose of an I/ 

M program is to bring about effective 

repairs with real emission reductions. 

When this program outcome is not 

achieved by this rule, eliminating this 

unnecessary expense for this income 

group is a logical change. The revision 

ensures that the time extension is 

available to those who are financially 

incapable of paying for necessary 

repairs at the time the inspection is due. 

Therefore, we propose to approve this 

revision. 

Codification of Procedures 

Prior to the rule revision before us, 

many program procedures were 

contained in the VPMD Procedures 

Manual. The Program determined that 

this manual was out of date but some of 

the regulatory language needed to be 

retained. Portions of the manual were 

codified in the rules verbatim. The 

remaining parts of the manual were 

abandoned. The manual was not 

previously part of the SIP. Nonregulatory procedure information is now 

contained in technical guidance that is 

not part of the SIP. We propose to 

approve the revisions that incorporate 

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45532 Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Proposed Rules 

language from the VPMD Procedures 

Manual into the regulatory text. 

Definitions 

As a result of the codification process, 

some additional terms were added to 

the definitions section. These include 

Audit, Clean piping, Clean scanning, 

Covert audit, Covert surveillance, 

Emissions analyzer, Emissions 

inspection system or EIS, Fleet, Gas cap 

test, Overt audit, Pretesting, and Vehicle 

information database or VID. Definitions 

adopted for these terms are those that 

are commonly used in the industry or 

similar to terms defined in the federal 

regulations. We propose to approve 

these definitions. 

Other Revisions 

In the process of codifying language 

from the Procedures Manual, the I/M 

rules were reorganized with some 

sections being moved from one 

numbered section to another. Useless 

and/or anachronistic references were 

removed or revised to be more 

meaningful. We propose to approve 

these non-substantive changes. 

III. Proposed Action 

EPA is proposing to approve revisions 

to the New Mexico SIP for the City of 

Albuquerque/Bernalillo County 

submitted on July 28, 2011. These 

include revisions to the fuel type subject 

to testing, the model years subject to 

testing, certain test procedures, an 

opportunity for a time extension for 

motorists that are financially incapable 

of paying for repairs of $300 or more, 

codification of procedures from the 

Procedures Manual, addition of 

definitions, and other non-substantive 

revisions. We believe these revisions 

will enhance the SIP and improve the 

effectiveness of the I/M program. This 

action is being taken under section 110 

of the Act. 

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 

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 proposes to approve 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.); 

• 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 Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: July 20, 2012. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2012–18795 Filed 7–31–12; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2008–0520; FRL–9708–8] 

Approval and Promulgation of 

Implementation Plans; Michigan; 

Detroit-Ann Arbor Nonattainment Area; 

Fine Particulate Matter 2005 Base Year 

Emissions Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the fine particulate matter (PM2.5) 2005 

base year emissions inventory, a portion 

of the State Implementation Plan (SIP) 

revision submitted by the Michigan 

Department of Environmental Quality 

(MDEQ) on June 13, 2008. The 

emissions inventory is part of the June 

13, 2008, SIP revision that Michigan 

submitted to meet the nonattainment 

requirements related to the Detroit-Ann 

Arbor (Livingston, Macomb, Monroe, 

Oakland, St. Clair, Washtenaw, and 

Wayne Counties) nonattainment area for 

the 1997 annual PM2.5 national ambient 

air quality standards (NAAQS). EPA is 

taking this action pursuant to sections 

110 and 172 of the Clean Air Act (CAA). 

DATES: Comments must be received on 

or before August 31, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2008–0520, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2008– 

0520. EPA’s policy is that all comments 

received will be included in the public 

mstockstill on DSK4VPTVN1PROD with PROPOSALS