[Federal Register Volume 79, Number 217 (Monday, November 10, 2014)]
[Proposed Rules]
[Pages 66670-66679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26630]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2014-0370; FRL-9918-98-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Motor Vehicle Inspection and Maintenance and Associated 
Revisions

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of State Implementation Plan (SIP) revisions submitted by the 
State of Utah. The revisions involve amendments to Section X, Part A, 
Vehicle Inspection and Maintenance Program, General Requirements and 
Applicability; the addition of Section X, Part F, Cache County Vehicle 
Inspection and Maintenance Program; and revisions to Utah 
Administrative Rules R307-110-1, R307-110-31, and R307-110-36. EPA is 
proposing approval of these SIP revisions in accordance with the 
requirements of section 110 of the Clean Air Act (CAA).

DATES: Comments must be received on or before December 10, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2014-0370, by one of the following methods:
    <bullet> http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#562423252578223f3b1633263778313920"><span class="__cf_email__" data-cfemail="dcaea9afaff2a8b5b19cb9acbdf2bbb3aa">[email protected]</span></a>.
    <bullet> Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
    <bullet> Mail: Carl Daly, Director, Air Program, EPA, Region 8, 
Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
    <bullet> Hand Delivery: Carl Daly, Director, Air Program, EPA, 
Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129. 
Such deliveries are only accepted Monday through Friday, 8:00 a.m. to 
4:30 p.m., excluding federal holidays. Special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2014-0370. 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 whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means 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 and with any 
disk or CD-ROM you submit. 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, any form of encryption, and be free of 
any defects or viruses. For additional instructions on submitting 
comments, go to Section I, General Information of the SUPPLEMENTARY 
INFORMATION section of this document.
    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 
whose disclosure 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 Program, EPA, 
Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129. 
EPA requests that if at all possible, you contact the individual listed 
in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of 
the docket. You may view the hard copy of the docket Monday through 
Friday, 8:00 a.m. to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program, EPA, Region 8, 
Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303) 312-
6479, <a href="/cdn-cgi/l/email-protection#f183848282df85989cb1948190df969e87"><span class="__cf_email__" data-cfemail="90e2e5e3e3bee4f9fdd0f5e0f1bef7ffe6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:

    (i) The words or initials Act or CAA mean or refer to the Clean 
Air Act, unless the context indicates otherwise.
    (ii) The initials BRHD mean Bear River Health Department.
    (iii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iv) The initials DMV mean Department of Motor Vehicles.
    (v) The initials I/M mean inspection and maintenance.
    (vi) The initials NAAQS mean national ambient air quality 
standard.
    (vii) The initials NOx mean nitrogen oxides.
    (viii) The initials OBD mean On-Board Diagnostics.
    (ix) The initials PM<INF>2.5</INF> mean Particulate Matter equal 
to or less than 2.5 microns in diameter.
    (x) The initials RPM mean revolutions per minute.
    (xi) The initials SIP mean or refer to State Implementation 
Plan.
    (xii) The initials TSI mean Two Speed Idle.
    (xiii) The initials UAQB mean Utah Air Quality Board.
    (xiv) The initials UDAQ mean Utah Division of Air Quality.
    (xv) The words Utah and State mean the State of Utah.
    (xvi) The initials VOC mean volatile organic compound.

Table of Contents

I. General Information
II. Background
III. What was the State's process?
IV. EPA's Evaluation of the State's Revisions to Section X, Part A, 
Vehicle Inspection and Maintenance Program, General Requirements and 
Applicability
V. EPA's Evaluation of the State's Revisions to Section X, Part F, 
Cache County Motor Vehicle Inspection and Maintenance Program
VI. EPA's Evaluation of the State's Associated Revisions to Utah 
Rules R307-110-1, R307-110-31, and R307-110-36
VII. Consideration of Section 110(1) of the Clean Air Act
VIII. Proposed Action
IX. Statutory and Executive Order Reviews

I. General Information

    1. Submitting CBI. Do not submit CBI to EPA through http://www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that

[[Page 66671]]

you mail to EPA, mark the outside of the disk or CD ROM as CBI and then 
identify electronically within the disk or CD ROM the specific 
information that is claimed as CBI. In addition to one complete version 
of the comment that includes information claimed as CBI, a copy of the 
comment that does not contain the information claimed as CBI must be 
submitted for inclusion in the public docket. Information so marked 
will not be disclosed except in accordance with procedures set forth in 
40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. Background

(a.) Utah's Revisions to SIP Section X, Vehicle Inspection and 
Maintenance Program, Part A, General Requirements and Applicability

    Section X of the Utah SIP addresses the provisions and requirements 
for the motor vehicle inspection and maintenance (I/M) programs that 
are administered by five counties in Utah. Section X of the SIP is 
divided into six subparts ``A'' through ``F''; Part A addresses general 
requirements and applicability provisions that are common to each of 
the counties' I/M programs, Part B is the Davis County vehicle I/M 
program, Part C is the Salt Lake County vehicle I/M program, Part D is 
the Utah County vehicle I/M program, Part E is the Weber County vehicle 
I/M program, and Part F is the Cache County vehicle I/M program.
    Section X, Part A is entitled ``Vehicle Inspection and Maintenance 
Program, General Requirements and Applicability.'' The current version 
of Part A, last approved by EPA on November 2, 2005 (70 FR 66264), 
provides a discussion of the federal I/M requirements, the aspects of 
On-Board Diagnostics (OBD) tests, a brief history of the Utah I/M 
program and the State's general authority and general information 
regarding the applicability of the Utah SIP to such I/M program aspects 
as test frequency, enforcement, vehicle registration, and change in 
vehicle ownership. Although duplicative, each of the four counties' 
existing I/M programs, found in Parts B, C, D, and E to Section X, 
contained very similar language as provided in Part A.
    By a letter dated January 10, 2013, the Governor of Utah submitted 
a revision to Section X, Part A that updates and expands Part A to 
contain the relevant brief history of the Utah I/M program, the State's 
general authority, additional language on test types, general public 
information, general enforcement provisions which are relevant to the 
four counties implementing an existing I/M program, and the new I/M 
program in Cache County. As Part A is applicable to all five of the 
counties' I/M programs, this allows the removal of the duplicative 
general language in existing Section X and allows the consolidation of 
the common information and provisions in each counties' I/M program 
into Part A. Each of the counties' I/M programs contained in Section X, 
Parts B through F will then reference Part A.

(b.) Utah's Revisions to SIP Section X, To Add Part F, Vehicle 
Inspection and Maintenance Program, Cache County

    On November 13, 2009 (74 FR 58688), EPA designated a portion of 
Cache County, Utah as nonattainment for the 2006 PM<INF>2.5</INF>\1\ 
24-hour National Ambient Air Quality Standard (NAAQS). The Cache County 
portion includes the city of Logan, Utah. The nonattainment area, which 
also includes portions of Franklin County, Idaho, is identified by EPA 
as ``Logan--UT/ID.''
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    \1\ PM<INF>2.5</INF> is Particulate Matter less than or equal to 
2.5 microns in diameter.
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    Through the course of the development of a dispersion modeled 
attainment demonstration for Utah's attainment plan, a motor vehicle 
inspection and maintenance program was identified by the State as a 
reasonable control strategy to achieve reductions of PM<INF>2.5</INF> 
precursor emissions of nitrogen oxides (NOx) and volatile organic 
compounds (VOC) necessary to support the SIP attainment demonstration 
for the Cache County portion of the Logan-UT/ID 2006 PM<INF>2.5</INF> 
24-hour NAAQS nonattainment area. EPA notes, however, that under the 
applicable subparts of Part D of Title I of the Act for 
PM<INF>2.5</INF> attainment plans, subparts 1 and 4, Cache County's I/M 
program is not a CAA mandatory or required I/M program and is therefore 
not held to the same level of applicable requirements as found in 40 
CFR part 51, subpart S (hereafter ``40 CFR 51, subpart S''), 
Inspection/Maintenance Program Requirements. As an example, a 
performance standard demonstration is not required for the Cache County 
I/M program. Part F of Section X, in conjunction with Section X, Part A 
as discussed above, was instead designed by the County and State to 
meet the minimum, applicable I/M provisions and requirements presented 
in 40 CFR 51, subpart S. It is also noted in Part F that although only 
a portion of Cache County was designated as nonattainment for the 2006 
PM<INF>2.5</INF> 24-hour NAAQS, the I/M program will be implemented 
County-wide.
    By a letter dated January 28, 2014, the Governor submitted a SIP 
revision to add Section X, Part F, for the new motor vehicle I/M 
program for Cache County. As described further below, the Cache County 
I/M program was designed with certain necessary components from 40 CFR 
51, subpart S in order to have a viable I/M program to help reduce NOx 
and VOC precursor emissions of PM<INF>2.5</INF> and to also generate 
emission reductions suitable for use in a PM<INF>2.5</INF> attainment 
demonstration that will be submitted to EPA as a revision to the SIP.

(c.) Utah's Revisions to Rules R307-110-1, R307-110-31, and R307-110-36

    As a background, the Utah Administrative Code is the body of all 
effective administrative rules as compiled and organized by the Utah 
Division of Administrative Rules, Utah Department of Administrative 
Services.\2\ Utah's Administrative Rules are a portion of Utah's 
Codified Law; in Utah, statements written by State agencies which have 
the effect of law are called administrative rules. Unlike State 
statutes, which change only when the Utah Legislature is in session, 
administrative rules change throughout the year. A Utah administrative 
rule serves at least two purposes; first, an enacted administrative 
rule has the binding effect of law, and second, an

[[Page 66672]]

administrative rule informs citizens of actions a State government 
agency will take or how a State agency will conduct its business. In 
view of the above, after the Utah Air Quality Board (UAQB), under the 
authority of the Utah Air Conservation Act as provided in Utah Code 
Title 19, Chapter 2, adopts certain provisions and requirements into 
the Utah SIP, those particular SIP elements must then be incorporated 
by reference into the appropriate section of the Utah Administrative 
Rules (hereafter ``Utah Rules'').
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    \2\ For further information and citations to the relevant Utah 
statutes that govern rulemaking, please refer to the Web site of the 
Division of Administrative Rules: http://www.rules.utah.gov/.
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    By letters dated January 10, 2013 and January 28, 2014, the 
Governor submitted SIP revisions involving updates to three sections of 
the R307-110 series air quality Utah Rules. The Governor's submittals 
requested EPA to approve actions taken by the UAQB that updated three 
sections of Utah Rules R307-110 series for air quality which are 
entitled ``General Requirements: State Implementation Plan.'' The three 
rules are:
    (1.) R307-110-1 which incorporates by reference the Utah SIP into 
the Utah Administrative Rules and advises the public the SIP is 
available on the Utah Division of Air Quality's (UDAQ) Web site.
    (2.) R307-110-31 which incorporates by reference Utah SIP Section 
X, Vehicle Inspection and Maintenance Program, Part A, General 
Requirements and Applicability.
    (3.) R307-110-36 which incorporates by reference Utah SIP Section 
X, Vehicle Inspection and Maintenance Program, Part F, Cache County.
    The above SIP actions adopted by the UAQB, and subsequently 
submitted to EPA by the Governor of Utah for approval, are discussed in 
greater detail in sections III and IV below.

III. What was the State's process?

    Section 110(a)(2) of the CAA requires that a state provide 
reasonable notice and public hearing before adopting a SIP revision and 
submitting it to us.

(a.) The Governor's January 10, 2013 SIP Submittal

    On October 15, 2012, October 16, 2012, and October 17, 2012 the 
UAQB of the Utah Department of Environmental Quality conducted public 
hearings to consider the adoption of revisions and additions to the 
Utah SIP and the appropriate sections of the Utah Rules. The revisions 
affecting the SIP involved SIP Section X, Vehicle Inspection and 
Maintenance Program, Part A, General Requirements and Applicability; 
SIP Section X, Vehicle Inspection and Maintenance Program, Part F, 
Cache County; and Utah Rules R307-110-1, R307-110-31, and R307-110-36. 
After reviewing and responding to comments received before and during 
the public hearings, the UAQB adopted the proposed revisions on 
December 5, 2012. The SIP and Utah Rule revisions became State 
effective on December 6, 2012 and were submitted by the Governor to EPA 
by a letter dated January 10, 2013. By a subsequent letter dated 
February 25, 2013, Bryce Bird, Director, UDAQ submitted the necessary 
administrative documentation that supported the Governor's submittal.
    We evaluated the Governor's January 10, 2013 submittal for SIP 
Section X, Vehicle Inspection and Maintenance Program, Part A, General 
Requirements and Applicability; SIP Section X, Vehicle Inspection and 
Maintenance Program, Part F, Cache County; and Rules R307-110-1, R307-
110-31, and R307-110-36 and have determined that the State met the 
requirements for reasonable notice and public hearing under section 
110(a)(2) of the CAA. By operation of law under section 110(k)(1)(B) of 
the CAA, the Governor's January 10, 2013 submittal was deemed complete 
on July 10, 2013.

(b.) The Governor's January 28, 2014 SIP Submittal

    On August 7, 2013 the UAQB proposed for public comment amendments 
to the Utah SIP for Section X, Vehicle Inspection and Maintenance 
Program, Part F, Cache County and Utah Rule R307-110-36. These proposed 
revisions superseded and replaced those previous revisions to the SIP 
for Section X, Vehicle Inspection and Maintenance Program, Part F, 
Cache County and Utah Rule R307-110-36 that the Governor had submitted 
to EPA with his letter to EPA dated January 10, 2013. Included with the 
State's administrative documentation for these SIP and Rule revisions 
were letters dated October 23, 2013 and October 24, 2013 from Bryce 
Bird, Director, UDAQ to the UAQB. Both of these letters indicated that 
a public comment period was held from September 1 through October 1, 
2013 regarding the proposed Cache County I/M program (ref. October 24, 
2013 letter) and Utah Rule R307-110-36 (ref. October 23, 2013 letter) 
revisions, and that no public comments were received and no public 
hearings were requested. In consideration of these two letters, the 
UAQB subsequently adopted the proposed revisions on November 6, 2013. 
The SIP and Rule revisions became State effective on November 7, 2013, 
and were submitted by the Governor to EPA by a letter dated January 28, 
2014. By a subsequent letter dated February 4, 2014, Bryce Bird, 
Director, UDAQ submitted the necessary administrative documentation 
that supported the Governor's submittal.
    We have evaluated Utah's January 28, 2014 submittal and have 
determined that the State met the requirements for reasonable notice 
and public hearing under section 110(a)(2) of the CAA. By a letter 
dated June 30, 2014, we advised the Governor that the SIP and Rule 
revisions submittal was deemed to have met the minimum ``completeness'' 
criteria found in 40 CFR part 51, Appendix V.

IV. EPA's Evaluation of the State's Revisions to Section X, Vehicle 
Inspection and Maintenance Program, Part A, General Requirements and 
Applicability

    Section X of the Utah SIP addresses the provisions and requirements 
for the motor vehicle I/M programs administered by five counties in 
Utah. Section X of the SIP is divided into six subparts, ``A'' through 
``F,'' with Part A addressing general requirements and applicability 
provisions that are common to each of the counties' I/M programs. 
Section X, Part A is entitled ``Vehicle Inspection and Maintenance 
Program, General Requirements and Applicability,'' and its current 
provisions and requirements, as updated by the Governor's SIP submittal 
of January 10, 2013, are presented below:
    (a.) Section 1 ``Requirements'' of SIP Section X, Part A provides 
information on:
    (1.) The history of I/M requirements in Utah and the relevant 40 
CFR 51, subpart S applicable requirements.
    (2.) OBD Checks: By January 1, 2002, OBD checks and OBD related 
repairs were required as a routine component of Utah I/M programs on 
model year 1996 and newer light-duty vehicles and light-duty trucks 
equipped with certified onboard diagnostic systems.
    (3.) Utah I/M program history and general authority: The legal 
authority for Utah's I/M Programs is found in Utah Code Annotated 
Section 41-6-163.6. Utah I/M was enacted during the First Special 
Session of the Utah legislature in 1983. I/M programs were initially 
implemented in Davis and Salt Lake counties in 1984, in Utah County in 
1986, and in Weber County in 1990. The State Legislature made several 
changes and additions to Utah Code Annotated Section 41-6-163.6 in 
1990, 1992, 1994, 1995, 2002, 2005, 2009, 2010, 2011, and 2012.
    (b.) Section 2 ``Applicability'' of SIP Section X, Part A provides 
information on:

[[Page 66673]]

    (1.) General Applicability: Utah Code Annotated 41-6a-1642 gives 
authority to each county to implement and manage an I/M program to 
attain and maintain any NAAQS. Davis, Salt Lake, Utah, and Weber 
counties were required by Section 182 and 187 of the CAA to implement 
an I/M program to attain and maintain, as applicable, the ozone and 
carbon monoxide NAAQS. All of Utah's ozone and carbon monoxide 
maintenance areas are located in Davis, Salt Lake, Utah, and Weber 
counties. In addition, a motor vehicle I/M program is a control measure 
relied upon by the State for attaining the 2006 PM<INF>2.5</INF> 24-
hour NAAQS in Cache, Davis, Salt Lake, Utah, and Weber counties. Utah's 
SIP for I/M is applicable county-wide in Cache, Davis, Salt Lake, Utah, 
and Weber counties.
    (c.) Section 3 ``General Summary'' of SIP Section X, Part A 
provides information on:
    (1.) Network Type: All Utah I/M programs are comprised of a 
decentralized, test-and-repair network.
    (2.) 1/M program funding requirements: Counties with I/M programs 
allocate funding as needed to comply with the relevant requirements 
specified in Utah's SIP; the Utah statutes; county ordinances, 
regulations and policies; and the federal I/M program regulation.
    (3.) Funding mechanisms: Utah's I/M programs are funded through 
several mechanisms including, but not limited to, a fee which is 
collected at the time of registration by the Utah Tax Commission 
Division of Motor Vehicles or the respective County Assessor's Office.
    (4.) Government fleet: Section 41-6a-1642(1)(b) of the Utah Code 
requires that all vehicles owned or operated in the I/M counties by 
federal, state, or local government entities must comply with the I/M 
programs.
    (5.) Vehicles owned by students and federal employees: Section 41-
6a-1642(5) provides that counties may require that federal employees 
and students attending universities and colleges located in Utah's I/M 
areas provide proof of compliance with the I/M program for vehicles 
that are permitted to park at facilities or on campus regardless of 
where the vehicle is registered. Vehicles operated by federal employees 
and operated on a federal installation located within an I/M program 
area are also subject to the I/M program regardless of where they are 
registered.
    (6.) Rental vehicles: All vehicles available for rent or use in an 
I/M county are subject to the respective county I/M program.
    (7.) Farm truck exemption: Eligibility for the farm truck exemption 
from I/M programs is specified in Section 41-6a-1642(4).
    (8.) Out-of-state exemption: Vehicles registered in an I/M county 
but operated out-of-state are eligible for an exemption. The owner must 
complete Utah State Tax Commission form TC-81, and explain why the 
vehicle is unavailable for inspection, in order to be registered 
without inspection documentation.
    (9.) Motorist Compliance Enforcement Mechanism: The I/M programs 
are registration enforced on a county-wide basis.
    (10.) Valid registration required: A certificate of emissions 
inspection or a waiver or other evidence that the vehicle is exempt 
from the I/M program requirements must be presented at the time of 
registration or renewal of registration of a motor vehicles as 
specified in Section 41-6a-1642 and 41-1a-203(1)(c).
    (11.) Change of ownership: Vehicle owners are not able to avoid the 
I/M inspection program by changing ownership of the vehicle. Upon 
change of vehicle ownership the vehicle must be re-registered by the 
new owner. Vehicle registration requires the submittal of a valid I/M 
certificate of compliance, waiver, or verified evidence of exemption.
    (12.) Utah Tax Commission, and County Assessor roles: The Utah Tax 
Commission Motor Vehicle Division and respective County Assessors will 
deny applications for vehicle registration or renewal of registration 
without submittal of a valid I/M certificate of compliance, waiver, or 
verified evidence of exemption.
    (13.) Database quality assurance: The vehicle registration database 
is maintained and quality assured by the Utah Division of Motor Vehicle 
(DMV). Each county's I/M inspection database is maintained and quality 
assured by the county I/M program staff.
    (14.) Oversight provisions: The oversight program includes 
verification of exempt vehicle status through inspection, data accuracy 
through automatic and redundant data entry for most data elements, an 
audit trail for program documentation to ensure control and tracking of 
enforcement documents, identification and verification of exemptions 
that trigger changes in registration data, and regular audits of I/M 
inspection records, I/M program databases, and the DMV database.
    (15.) Enforcement staff quality assurance: County I/M program 
auditors and DMV clerks involved in vehicle registration are subject to 
regular performance audits by their supervisors.
    (16.) Quality Control: The I/M counties maintain records regarding 
inspections, equipment maintenance, and the required quality assurance 
activities.
    (17.) Analyzer data collection: Each county's I/M analyzer data 
collection system meets the requirements specified under 40 CFR 51, 
subpart S.
    (18.) Data analysis and reporting--Annual: The I/M counties analyze 
and submit to EPA and UDAQ an annual report for January through 
December of the previous year, which includes all the data elements 
listed in 40 CFR 51.366, by July of each year.
    (19.) General enforcement provisions: The county I/M programs are 
responsible for enforcement actions against incompetent or dishonest 
stations and inspectors. In addition, each county I/M ordinance or 
regulation includes a penalty schedule.
    (20.) General public information: The I/M counties must have 
comprehensive public education and programs.
    (21.) County I/M technical centers: Each I/M county operates an I/M 
technical center staffed with trained auditors and capable of 
performing emissions tests. A major function of the I/M technical 
centers is to serve as a referee station to resolve conflicts between 
permitted I/M inspectors, stations, and motorists.
    (22.) Vehicle inspection report: A vehicle inspection report (VIR) 
is printed and provided to the motorist after each vehicle inspection.
    (23.) Reciprocity between County I/M programs: Utah I/M programs 
are conducted using the same test procedures (Two Speed Idle, or TSI, 
and OBD) and thereby agree to recognize the validity of a certificate 
granted by any Utah I/M program.
    EPA has reviewed Utah's revisions to SIP Section X, Vehicle 
Inspection and Maintenance Program, Part A, General Requirements and 
Applicability and has concluded that our approval is warranted. Based 
on our review, and as compared to our prior approval of this section of 
the SIP (see 70 FR 66264, November 2, 2005) and applicable sections of 
40 CFR 51, subpart S (sections 51.350 to 51.372), we have determined 
that the revisions to Section X, Vehicle Inspection and Maintenance 
Program, Part A, General Requirements and Applicability sufficiently 
address the applicable sections of 40 CFR 51, subpart S for these 
particular aspects of Utah's five counties' I/M programs.

[[Page 66674]]

V. EPA's Evaluation of the State's Revisions to Section X, Part F, 
Cache County Motor Vehicle Inspection and Maintenance Program

    Section X, Part F of the Utah SIP addresses the provisions and 
requirements for the implementation of the motor vehicle I/M program in 
Cache County, Utah. Section X, Part F of the SIP contains three main 
components for the Cache County I/M program; (a.) The SIP language for 
Section X Part F that addresses applicability, a general description of 
the Cache I/M program, and the time frame for implementation of the I/M 
program, (b.) the Cache County Emission Inspection/Maintenance Program 
Ordinance 2013-4, and (c.) the Bear River Health Department's 
Regulation 2013-1. We note that the Cache County Ordinance 2013-4 
contains language which delegates the implementation of the Cache 
County I/M program to the Bear River Health Department (BRHD). All of 
the above documents were adopted by the UAQB on November 6, 2013, were 
included with the Governor's SIP submittal of January 28, 2014, were 
supplemented by the February 4, 2014, UDAQ submittal of the 
administrative documentation, and are discussed in further detail 
below.
    (a.) Section X, Vehicle Inspection and Maintenance Program, Part F, 
Cache County; Applicability, Description of the Cache I/M Program, and 
I/M SIP Implementation:
    (1.) Applicability. The SIP states the following: ``Cache County 
was designated nonattainment for the PM<INF>2.5</INF> NAAQS on December 
14, 2009 (74 FR 58688, November 13, 2009). Accordingly, Cache County 
must implement control strategies to attain the PM<INF>2.5</INF> NAAQS. 
A motor vehicle emission I/M program has been identified by the 
PM<INF>2.5</INF> SIP as a necessary control strategy to attain the 
PM<INF>2.5</INF> NAAQS as expeditiously as practicable. Therefore, 
pursuant to Utah Code Annotated 41-6a-1642, Cache County must implement 
an I/M program that complies with the minimum requirements of 40 CFR 51 
Part Subpart S. Cache County will implement its I/M program county-
wide. Parts A and F of Section X demonstrate compliance with 40 CFR 
Part 51, Subpart S for Cache County.''
    (2.) Description of Cache County I/M Program. The SIP provides 
information regarding the TSI and OBD components of the Cache County I/
M program. Below is a summary of Cache County's I/M program. In 
addition, we note that Section X, Part F, Appendices 1 and 2 contain 
the essential documents for the authority and implementation of Cache 
County's I/M program.
    Network Type: Cache County's I/M program will comprise a 
decentralized test-and-repair network.
    Test Convenience: Cache County will make every effort to ensure 
that its citizens will have stations conveniently located throughout 
Cache County.
    Subject fleet: All model year 1969 and newer vehicles registered or 
principally-operated in Cache County are subject to the I/M program 
except for exempt vehicles.
    Station/inspector Audits: Cache County's I/M program will regularly 
audit all permitted I/M inspectors and stations to ensure compliance 
with county I/M ordinances, regulations, and policies.
    Waivers: Cache County's I/M program allows for the issuance of 
waivers under limited circumstances.
    Test frequency: Vehicles less than six years old as of January 1 on 
any given year will be exempt from an emissions inspection. All model 
year 1969 and newer vehicles are subject to a biennial test.
    Test Equipment: For the Cache County I/M program, specifications 
for the I/M test procedures, standards and analyzers are described in 
Appendix 2 of the SIP.
    Test Procedures: The following vehicles are subject to an OBD II 
inspection: 1996 and newer light duty vehicles and 2008 and newer 
medium duty vehicles. The following vehicles are subject to a two-speed 
idle test: 1995 and older vehicles, 1996 to 2007 medium and heavy duty 
vehicles, and 2008 and newer heavy duty vehicles. Test procedures are 
outlined in Appendix 2 of this part of the SIP.
    (3.) I/M SIP Implementation. The SIP states the following: ``The I/
M program ordinance, regulations, policies, procedures, and activities 
specified in this I/M SIP revision shall be implemented by January 1, 
2014 and shall continue until a maintenance plan without an I/M program 
is approved by EPA in accordance with Section 175 of the Clean Air 
Act.''
    (b.) Section X, Vehicle Inspection and Maintenance Program, Part F, 
Cache County; Appendix 1, Cache County Emission Inspection/Maintenance 
Program Ordinance 2013-4: This section of the SIP provides the County's 
I/M ordinance which includes section 1, Purpose, section 2, Powers and 
Duties, section 3, General Provisions, section 4, Guidelines to be 
Followed by the Bear River Board of Health in Implementing a Vehicle 
Emission Inspection and Maintenance Program in Cache County, section 5, 
Review of Need for Program, and section 6, Effective Date. Of 
particular note is section 2.3, which delegates implementation of the 
I/M program to the BRHD, and section 4, which sets some parameters for 
BRHD's implementation, including test schedules, fees, and waivers.
    (c.) Section X, Vehicle Inspection and Maintenance Program, Part F, 
Cache County; Appendix 2, Bear River Health Department Regulation 2013-
1: This section of the SIP provides the BRHD's I/M regulation. The 
Cache County I/M program is not a CAA mandated program and is, 
therefore, allotted a certain amount of flexibility in the level of 
applicable requirements as compared to a CAA or otherwise required 
mandatory I/M program. As the purpose of the Cache County I/M program 
is to achieve reductions in PM<INF>2.5</INF> NAAQS precursor emissions 
of NOx and VOCs, to improve air quality and for the use of such 
emission reductions in a dispersion modeled SIP attainment 
demonstration, EPA's analysis of the BRHD's Regulation 2013-1 included 
a comparison of the BRHD's Regulation 2013-1 to applicable sections of 
40 CFR 51, subpart S ``Inspection/Maintenance Program Requirements.'' 
EPA's analysis of the BRHD's Regulation 2013-1 is as follows below.
    EPA has reviewed the BRHD's Regulation 2013-1 for consistency with 
appropriate sections of the federal I/M regulations, as applicable to a 
non-mandatory I/M program, as codified in 40 CFR 51, subpart S, 
sections 51.350 through 51.373. We have summarized the applicable 
federal requirements and have referenced the particular sections of the 
BRHD's Regulation 2013-1 that we have determined satisfy those 
requirements:
(1.) 40 CFR 51.350--Applicability
    The SIP needs to describe the applicable areas in detail and must 
also include the legal authority or rules necessary to establish 
program boundaries. See 40 CFR 51.350(b). The Cache County I/M program 
will be implemented county-wide as described in the BRHD Regulation 
2013-1, Section 4 ``Powers and Duties.'' The legal authority for the 
Cache County I/M program and BRHD Regulation 2013-1 is as authorized by 
sections 41-6a-1642, 41-1a-1223, 41-1a-215, 26A-1-121, 26A-1-114, all 
as from the Utah Code Annotated 1953, as amended. In addition, this 
aspect of the Cache County I/M program is further addressed in Section 
X, Part F, Vehicle Inspection and Maintenance Program, 
``Applicability'' and in Section X, Part F, Appendix 1, Cache County 
Ordinance 2013-4, Section 4. Finally, SIP Section

[[Page 66675]]

X, Part F, provides that the Cache County I/M program will continue 
until a maintenance plan without an I/M program is approved by EPA. See 
40 CFR 51.350(c).
(2.) 40 CFR 51.351--Enhanced I/M Performance Standard and 40 CFR 
51.352--Basic I/M Performance Standard
    As the Cache County I/M program is not a CAA mandatory or otherwise 
required I/M program, the program is not required to meet these federal 
I/M requirements. These provisions were not addressed in the SIP and 
are not considered by EPA as applicable requirements for the Cache 
County I/M program. The emissions standards for the Cache County I/M 
program are specified in BRHD Regulation 2013-1, Appendix B. The 
cutpoints in Appendix B became effective January 1, 2014.
(3.) 40 CFR 51.353--Network Type
    The SIP needs to include a description of the network to be 
employed, and the required legal authority. See 40 CFR 51.353(d). The 
Cache County I/M program will be implemented as a decentralized test-
and-repair network involving a TSI test for 1995 and older vehicles and 
an OBD test for 1996 and newer vehicles. The network to be employed is 
described in the BRHD Regulation 2013-1, Section 6 ``General 
Provisions.'' The legal authority for the Cache County I/M program and 
BRHD Regulation 2013-1 is as authorized by sections 41-6a-1642, Utah 
Code Annotated, 1953, as amended. In addition, this aspect of the Cache 
County I/M program is further addressed in Section X, Part F, Vehicle 
Inspection and Maintenance Program, ``Description of Cache I/M 
Program'' and in Section X, Part F, Appendix 1, Cache County Ordinance 
2013-4, Section 4.
(4.) 40 CFR 51.354--Adequate Tools and Resources
    The SIP needs to include a description of the resources that will 
be used for program operation, which include: (1) A detailed budget 
plan which describes the source of funds for personnel, program 
administration, program enforcement, purchase of necessary equipment, 
and any other requirements and, (2) a description of personnel 
resources, overt and covert auditing, data analysis, program 
administration, enforcement, and other necessary functions. See 40 CFR 
51.354(d). These aspects of the Cache County I/M program are described 
in the BRHD Regulation 2013-1. For fees to operate the program, Section 
3 ``Authority and Jurisdiction of the Department,'' (section 3.4), and 
Section 6 ``General Provisions,'' (section 6.7), address this 
requirement. With regard to personnel, audits, and enforcement, these 
aspects are addressed in Section 8.0 ``Training and Certification of 
Inspectors'' and Section 12 ``Quality Assurance.'' In addition, this 
aspect of the Cache County I/M program is further addressed in Section 
X, Part F, Vehicle Inspection and Maintenance Program, ``Description of 
Cache I/M Program'' and in Section X, Part F, Appendix 1, Cache County 
Ordinance 2013-4, Section 4.
(5.) 40 CFR 51.355--Test Frequency and Convenience
    The SIP needs to include the test schedule in detail, including the 
test year selection scheme if testing is other than annual. See 40 CFR 
51.355(a). These aspects of the Cache County I/M program are described 
in the BRHD Regulation 2013-1, Section 6 ``General Provisions,'' 
(section 6.1) and in Section 9 ``Inspection Procedure.'' In addition, 
this aspect of the Cache County I/M program is further addressed in 
Section X, Part F, Vehicle Inspection and Maintenance Program, 
``Description of Cache I/M Program'' and in Section X, Part F, Appendix 
1, Cache County Ordinance 2013-4, Section 4. As mentioned above, the 
test schedule for the Cache County I/M program is biennial.
(6.) CFR 51.356--Vehicle Coverage
    The SIP needs to include a detailed description of the number and 
types of vehicles covered by the County-run program. See 40 CFR 
51.356(b). All vehicles model year 1969 and newer are subject to the 
Cache County I/M program except those specifically exempted. These 
aspects of the Cache County I/M program are described in the BRHD 
Regulation 2013-1, Section 6 ``General Provisions,'' in sections 6.0, 
6.1, and 6.2, with the vehicle exemptions provided in section 6.4; in 
addition, Section 9 ``Inspection Procedure'' addresses the vehicle 
testing procedures. We note this aspect of the Cache County I/M program 
is further addressed in Section X, Part F, Vehicle Inspection and 
Maintenance Program, ``Description of Cache I/M Program'' and in 
Section X, Part F, Appendix 1, Cache County Ordinance 2013-4, Section 
4.
(7.) 40 CFR 51.357--Test Procedures and Standards
    The SIP needs to include a description of each test procedure used, 
and a rule, ordinance, or law describing and establishing the test 
procedures. See 40 CFR 51.357(e). These aspects of the Cache County I/M 
program are described in the BRHD Regulation 2013-1, Section 9 
``Inspection Procedure,'' Section 11 ``Specifications for Certified 
Testing Equipment and Calibration Gases,'' and Appendix D ``Test 
Procedures.'' In addition, this aspect of the Cache County I/M program 
is further addressed in Section X, Part F, Vehicle Inspection and 
Maintenance Program, ``Description of Cache I/M Program.''
    These documents include detailed descriptions of the types of tests 
and vehicles to be covered by the County-run program. Essentially, as 
applicable, 1995 and older vehicles will be subject to a TSI test and 
1996 and newer vehicles will be subject to an OBD test. A TSI test 
involves the insertion of probe into the tailpipe of a vehicle to 
measure pollutant emissions at two engine idle speeds; one measurement 
at a normal idle of around 700 revolutions per minute (RPM) and one 
measurement at a high idle speed of 2,500 RPM. An OBD test connects to 
the vehicle's on-board computer and polls the information stored in the 
vehicle's computer. The OBD procedures also address (among other 
things) ``not ready'' codes, data link connectors, stored Diagnostic 
Trouble Codes, and additional OBD test standards.
(8.) 40 CFR 51.358--Test Equipment
    The SIP needs to include written technical specifications for all 
test equipment used in the program. The specifications need to describe 
the emission analysis process, the necessary test equipment, the 
required features, and written acceptance testing criteria and 
procedures. See 40 CFR 51.358(c). These aspects of the Cache County I/M 
program are described in the BRHD Regulation 2013-1, Section 9 
``Inspection Procedure,'' Section 11 ``Specifications for Certified 
Testing Equipment and Calibration Gases,'' Appendix D ``Test 
Procedures,'' and Appendix E ``Technical Specifications and Calibration 
Gas.'' In addition, this aspect of the Cache County I/M program is 
further addressed in Section X, Part F, Vehicle Inspection and 
Maintenance Program, ``Description of Cache I/M Program.'' Appendix E 
contains the technical specifications for test equipment; OBD 
inspection equipment and TSI analyzers must meet all federal 
requirements.
(9.) 40 CFR 51.359--Quality Control
    The SIP needs to include a description of quality control and 
recordkeeping procedures. The SIP also

[[Page 66676]]

needs to include the procedures manual, rule, and ordinance or law 
describing and establishing the quality control procedures and 
requirements. See 40 CFR 51.359(f). These aspects of the Cache County 
I/M program are described in the BRHD Regulation 2013-1, Section 4 
``Powers and Duties,'' Section 8 ``Training and Certification of 
Inspectors,'' and Section 12 ``Quality Assurance.'' In addition, this 
aspect of the Cache County I/M program is further addressed in Section 
X, Part F, Vehicle Inspection and Maintenance Program, ``Description of 
Cache I/M Program'' and in Section X, Part F, Appendix 1, Cache County 
Ordinance 2013-4, Section 2, ``Powers and Duties.''
(10.) 40 CFR 51.360--Waivers
    The SIP needs to describe the waiver criteria and procedures, 
including cost limits, quality assurance methods and measures, and 
administration. The SIP needs to include the necessary legal authority, 
ordinance, or rules to issue waivers, set and adjust cost limits as 
required, and carry out any other functions necessary to administer the 
waiver system, including enforcement of the waiver provisions. See 40 
CFR 51.360(d).
    These aspects of the Cache County I/M program are described in the 
BRHD Regulation 2013-1, Section 9 ``Inspection Procedure,'' with 
details regarding the waiver procedures, allowable costs, and timeframe 
of the waiver appearing in section 9.6 ``Certificate of Waiver.'' In 
addition, this aspect of the Cache County I/M program is further 
addressed in Section X, Part F, Vehicle Inspection and Maintenance 
Program, ``Description of Cache I/M Program'' and in Section X, Part F, 
Appendix 1, Cache County Ordinance 2013-4, Section 4. The BRHD draws 
its legal authority from Sections 41-6a-1642, 26A-1-114(1)(h)(i), and 
26A-1-121(1) from the Utah Code Annotated, 1953, as amended. In 
particular, a certificate of waiver will not be granted unless at least 
200 dollars have been spent on repairs, and can only be granted once 
during the lifetime of a vehicle.
(11.) 40 CFR 51.361--Motorist Compliance Enforcement
    The SIP needs to provide information concerning the enforcement 
process and legal authority to implement and enforce the program. See 
40 CFR 51.361(c). These aspects of the Cache County I/M program are 
described in the BRHD Regulation 2013-1, Section 6 ``General 
Provisions.'' In addition, this aspect of the Cache County I/M program 
is further addressed in Section X, Part F, Appendix 1, Cache County 
Ordinance 2013-4, Section 4. The BRHD draws its legal authority from 
Sections 41-6a-1642, 26A-1-114(1)(h)(i), and 26A-1-121(1) from the Utah 
Code Annotated, 1953, as amended. The motorist compliance enforcement 
program will be implemented, in part, by the Utah Tax Commission DMV, 
which will take the lead in ensuring that owners of all subject 
vehicles are denied registration unless they provide valid proof of 
having received a certificate indicating they passed an emissions test 
or were granted a compliance waiver.
(12.) 40 CFR 51.362--Motorist Compliance Enforcement Program Oversight
    The SIP needs to include a description of enforcement program 
oversight and information management activities. See 40 CFR 51.362(c). 
These aspects of the Cache County I/M program are similar to those 
noted above for our evaluation of 40 CFR 51.361 and are described in 
the BRHD Regulation 2013-1, Section 6 ``General Provisions.'' The BRHD 
will be reviewing the registration data, as appropriate, as provided by 
the DMV. In addition, this aspect of the Cache County I/M program is 
further addressed in Section X, Part F, Appendix 1, Cache County 
Ordinance 2013-4, Section 4. The BRHD draws its legal authority from 
Sections 41-6a-1642, 26A-1-114(1)(h)(i), and 26A-1-121(1) from the Utah 
Code Annotated, 1953, as amended.
(13.) 40 CFR 51.363--Quality Assurance
    The SIP needs to include a description of the quality assurance 
program, and written procedures manuals covering both overt and covert 
performance audits, record audits, and equipment audits. See 40 CFR 
51.363(e). These aspects of the Cache County I/M program are described 
in the BRHD Regulation 2013-1, Section 4 ``Powers and Duties,'' Section 
12 ``Quality Assurance,'' Section 15 ``Penalty,'' and Appendix C 
``Penalty Schedule.'' In addition, this aspect of the Cache County I/M 
program is further addressed in Section X, Part F, Vehicle Inspection 
and Maintenance Program, ``Description of Cache I/M Program'' and in 
Section X, Part F, Appendix 1, Cache County Ordinance 2013-4, Section 
4. The BRHD draws its legal authority from Sections 41-6a-1642, 26A-1-
114(1)(h)(i), and 26A-1-121(1) from the Utah Code Annotated, 1953, as 
amended.
(14.) 40 CFR 51.364--Enforcement Against Contractors, Stations, and 
Inspectors
    The SIP needs to provide for enforcement against stations, 
contractors, and inspectors with effective and consistent penalties for 
a violation of the program requirements. See 40 CFR 51.364(d). 
Applicable provisions include a description of the imposition of 
penalties with a penalty schedule, types of potential penalties such as 
suspension and fines, requirements for inspectors found to be 
incompetent, the legal authority to invoke these types of enforcement 
activities, and proper record keeping provisions to document such 
enforcement actions.
    These aspects of the Cache County I/M program are described in the 
BRHD Regulation 2013-1, Section 4 ``Powers and Duties'' (see especially 
sections 4.2 and 4.3), Section 12 ``Quality Assurance,'' Section 14 
``Disciplinary Penalties and Right to Appeal,'' Section 15 ``Penalty,'' 
and Appendix C ``Penalty Schedule.'' In addition, this aspect of the 
Cache County I/M program is further addressed in Section X, Part F, 
Vehicle Inspection and Maintenance Program, ``Description of Cache I/M 
Program.'' In particular, the penalty schedule in Appendix C sets 
minimum penalties for first, second, and subsequent violations, 
including mandatory six month suspensions for both the inspector and 
the test station for intentionally and improperly passing a vehicle, 
shorter suspensions for gross negligence, and mandatory retraining for 
inspector incompetence. The BRHD draws its legal authority from 
Sections 41-6a-1642, 26A-1-114(1)(h)(i), and 26A-1-121(1) from the Utah 
Code Annotated, 1953, as amended.
(15.) 40 CFR 51.365--Data Collection
    The SIP needs to describe the provisions for data collection on 
vehicles evaluated by the I/M program. EPA notes that accurate data 
collection is essential to the management, evaluation, and enforcement 
of an I/M program. Examples of data to be collected include test date, 
test record number, vehicle identification number, license plate 
number, category of test performed (TSI or OBD), values of emissions 
from test (for TSI), results of an OBD test, and quality control of the 
data gathered.
    The appropriate data for both the TSI and OBD tests will be 
collected by Cache County I/M program and these provisions are 
described in the BRHD Regulation 2013-1, Section 12 ``Quality 
Assurance,'' Appendix B ``Emission

[[Page 66677]]

Standards Cutpoints,'' Appendix D ``Test Procedures,'' and Appendix E 
``Technical Specifications and Calibration Gas.'' In addition, this 
aspect of the Cache County I/M program is further addressed in Section 
X, Part F, Vehicle Inspection and Maintenance Program, ``Description of 
Cache I/M Program.''
(16.) 40 CFR 51.366--Data Analysis and Reporting
    The SIP needs to indicate that the data analysis and reporting 
provisions are included with respect to applicable items as listed in 
40 CFR 51.366. See 40 CFR 51.166(f). These aspects of the Cache County 
I/M program are essentially addressed in the Cache County I/M SIP 
Section X, Part F, the Cache County's Ordinance 2013-4, and the BRHD's 
regulation 2013-1 as they all reference the provisions in 40 CFR 51, 
subpart S. Further reference, to address this I/M program provision, is 
as described in the BRHD Regulation 2013-1, Section 2 ``Purpose,'' 
Section 4 ``Powers and Duties,'' and Section 12 ``Quality Assurance.'' 
This aspect of the Cache County I/M program is further addressed in 
Section X, Part F, Vehicle Inspection and Maintenance Program, 
``Applicability'' and ``Description of Cache I/M program'', and in 
Section X, Part F, Appendix 1, Cache County Ordinance 2013-4, Section 1 
``Purpose.'' In addition, as required by Section X, Part A, Cache 
County will need to provide this I/M program annual data reporting 
information: ``Data analysis and reporting--Annual: The I/M counties 
analyze and submit to EPA and UDAQ an annual report for January through 
December of the previous year, which includes all the data elements 
listed in 40 CFR Subpart S 51.366, by July of each year.''
(17.) 40 CFR 51.367--Inspector Training and Licensing or Certification
    The SIP needs to include a description of the training program, the 
written and hands-on tests, and the licensing or certification process. 
See 40 CFR 51.367(c). These aspects of the Cache County I/M program are 
described in the BRHD Regulation 2013-1, Section 8 ``Training and 
Certification of Inspectors.'' The BRHD has responsibility for 
certification, recertification, and certification suspension and 
revocation.
(18.) 40 CFR 51.368--Public Information and Consumer Protection
    The SIP needs to include information for the public on an ongoing 
basis throughout the life of the I/M program regarding such aspects as 
the air quality problem, the requirements of federal and state law, the 
role of motor vehicles in the air quality problem, the need for and 
benefits of an inspection program, how to maintain a vehicle, how to 
find a qualified repair technician, and the requirements of the I/M 
program. See 40 CFR 51.368(a). In addition, the SIP needs to address 
consumer protection, which involves procedures and mechanisms to 
protect the public from fraud and abuse by inspectors, mechanics, and 
others involved in the I/M program. See 40 CFR 51.368(b).
    These aspects of the Cache County I/M program are described in the 
BRHD Regulation 2013-1, Section 2 ``Purpose,'' Section 4 ``Powers and 
Duties,'' Section 6.0 ``General Provisions,'' Section 8 ``Training and 
Certification of Inspectors,'' Section 12 ``Quality Assurance,'' 
Section 14 ``Disciplinary Penalties and Right to Appeal,'' and Section 
15 ``Penalty.'' In addition, these aspects of the Cache County I/M 
program are further addressed in Section X, Part F, Vehicle Inspection 
and Maintenance Program, ``Applicability,'' and ``Description of Cache 
I/M Program,'' and in Section X, Part F, Appendix 1, Cache County 
Ordinance 2013-4, Sections 1 through 4. Also, these aspects of the 
Cache County I/M program are further addressed in Section X, Part A, 
``General Requirements,'' ``Applicability,'' and ``General Summary.''
(19.) 40 CFR 51.369--Improving Repair Effectiveness
    The Cache County I/M program is only in its first calendar year of 
operation (2014) and will not see all required vehicles until the end 
of 2015. Therefore, necessary data to address this provision are not 
currently available. In addition, as the Cache County I/M program is 
not a CAA mandatory or otherwise required I/M program, the program does 
not need to meet these federal I/M requirements. These provisions were 
not addressed in the SIP and are not considered by EPA as applicable 
requirements for the Cache County I/M program.
(20.) 40 CFR 51.370--Compliance With Recall Notices
    This section of 40 CFR 51, subpart S applies to mandatory I/M 
programs that evaluate vehicles that are subject to an enhanced I/M 
program. As the Cache County I/M program is not a CAA mandatory or 
otherwise required I/M program, the program is not required to meet 
these federal I/M requirements. These provisions were not specifically 
addressed in the SIP and are not considered by EPA as applicable 
requirements for the Cache County I/M program. However, we note that as 
a matter of course, recall notices or other technical bulletins that 
are applicable to a vehicle which failed the applicable Cache County I/
M test (i.e., TSI or OBD) would need to be evaluated by the vehicle 
owner prior to applying for a retest. Also, this type of evaluation 
would need to be applied to any vehicle seeking a waiver from the Cache 
County I/M program.
(21.) 40 CFR 51.371--On-road Testing
    As the Cache County I/M program is not a CAA mandatory or otherwise 
required I/M program, the program is not required to meet these federal 
I/M requirements. These provisions were not addressed in the SIP and 
are not considered by EPA as applicable requirements for the Cache 
County I/M program.
(22.) 40 CFR 51.372--State Implementation Plan Submittals
    The Cache County I/M program is not a CAA mandatory or otherwise 
required I/M program. However, we have determined that the Governor's 
January 28, 2014 SIP submittal and the UDAQ's February 4, 2014 
submittal of necessary SIP administrative documentation sufficiently 
address the requirements in 40 CFR 51.372 to the extent necessary for a 
SIP revision for a non-mandatory I/M program.
(23.) 40 CFR 51.373--Implementation Deadlines
    This section of 40 CFR 51, subpart S contains several 
implementation deadlines for particular mandatory I/M programs. As we 
have noted above, the Cache County I/M program is not a CAA mandatory 
or otherwise required I/M program. We, therefore, find acceptable the 
implementation date of January 1, 2014, as stated in the BRHD 
Regulation 2013-1, Section 6 ``General Provisions.'' In addition, this 
aspect of the Cache County I/M program is further addressed in Section 
X, Part F, Vehicle Inspection and Maintenance Program, ``I/M SIP 
Implementation,'' and in Section X, Part F, Appendix 1, Cache County 
Ordinance 2013-4, Section 4.
    (d.) Conclusion: Our review, as presented above, involved: (a.) 
Section X, Part F, Vehicle Inspection and Maintenance Program, (b.) 
Section X, Part F, Appendix 1, which is the Cache County Ordinance 
2013-4, and (c.) Appendix 2, which is the BRHD's Regulation 2013-1, all 
as compared to the applicable provisions of 40 CFR 51, subpart S for a 
non-mandatory I/M program. Based on our review, we have determined that 
the SIP revisions

[[Page 66678]]

sufficiently address the applicable provisions in 40 CFR 51, subpart S 
for a non-mandatory I/M program and that our approval is warranted. We 
are, therefore, proposing approval of the Cache County I/M program as 
described and authorized in Section X, Part F, Vehicle Inspection and 
Maintenance Program, Section X, Part F, Appendix 1 which is the Cache 
County Ordinance 2013-4, and Appendix 2 which is the BRHD's Regulation 
2013-1.
    (e.) Special Consideration of the Diesel I/M Provisions in the 
BRHD's Regulation 2013-1.
    As we have noted above, the Cache County I/M program is not a CAA 
mandatory or otherwise required I/M program. EPA takes note of the 
provisions in the BRHD's Regulation 2013-1, Section 9.4.6, which states 
that ``All diesel powered vehicles model year 1998 and newer shall be 
tested as specified in Appendix D, Diesel Test Procedures.'' Appendix D 
of Regulation 2013-1 is entitled ``Test Procedures'' and contains test 
procedures for OBDII, TSI, and for Diesel Powered Vehicles.
    At this point in time, EPA has not promulgated specific I/M 
requirements for diesel I/M programs. We have, to date, only issued 
policy guidance regarding the gathering of OBD information from OBD-
equipped diesel vehicles.\3\ As such, we do not have regulatory 
language in 40 CFR part 51, subpart S to compare, for potential SIP 
approval and SIP credit, the diesel I/M requirements in the BRHD's 
Regulation 2013-1. However, EPA does believe the above noted diesel I/M 
provisions in the BRHD's Regulation 2013-1 do have potential merit for 
evaluating diesel vehicles and for reducing emissions from diesel 
vehicles. We are therefore proposing approval of the diesel I/M 
provisions in the BRHD's Regulation 2013-1; however, our proposed 
approval is only for the purposes of strengthening the SIP and we are 
not proposing approval of the provisions as a diesel I/M program nor 
assigning any SIP credit.
---------------------------------------------------------------------------

    \3\ See EPA Office of Transportation and Air Quality: ``Best 
Practices for Addressing OBD Readiness in IM Testing of Diesel 
Vehicles Under 14,000 Pounds Gross Vehicle Weight Rating'', March 
07, 2013.
---------------------------------------------------------------------------

VI. EPA's Evaluation of the State's Associated Revisions to Utah Rules 
R307-110-1, R307-110-31, and R307-110-36

(a.) Revisions to Utah Rule R307-110-1; Incorporation by Reference

    The purpose of the revisions to R307-110-1 is to incorporate by 
reference the Utah SIP into this section of the Utah Administrative 
Rules and to advise the public the SIP is available on the UDAQ's Web 
site. EPA finds this a non-controversial revision which merely 
incorporates the Utah SIP into the State's Rules, which are a portion 
of Utah's Codified Law, along with providing the public information 
that the SIP can be accessed via the internet on the UDAQ's Web site. 
The revisions to R307-110-1 were adopted by the UAQB on December 5, 
2012, became State-effective on December 6, 2012, and were as submitted 
by the Governor by a letter dated January 10, 2013. By a subsequent 
letter dated February 25, 2013, Bryce Bird, Director, UDAQ, submitted 
the necessary administrative documentation that supported the 
Governor's submittal.

(b.) Revisions to Utah Rule R307-110-31; Section X, Vehicle Inspection 
and Maintenance Program, Part A, General Requirements and Applicability

    The purpose of the revisions to R307-110-31 is to incorporate by 
reference into the Utah Rules, SIP Section X, Vehicle Inspection and 
Maintenance Program, Part A, General Requirements and Applicability, as 
adopted by the UAQB on December 5, 2012, and which became State-
effective on December 6, 2012. The revisions to SIP Section X, Part A, 
were those as we discussed above in sections III and IV of this action 
and were as submitted by the Governor by a letter dated January 10, 
2013. By a subsequent letter dated February 25, 2013, Bryce Bird, 
Director, UDAQ, submitted the necessary administrative documentation 
that supported the Governor's submittal.

(c.) Revisions to Utah Rule R307-110-36; Section X, Vehicle Inspection 
and Maintenance Program, Part F, Cache County

    The purpose of the revisions to R307-110-36 is to incorporate by 
reference into the Utah Rules, SIP Section X, Vehicle Inspection and 
Maintenance Program, Part F, Cache County, as initially adopted by the 
UAQB on December 5, 2012, and as superseded by the revisions as adopted 
by the UAQB on November 6, 2013. Those revisions that were adopted by 
the UAQB on November 6, 2013, became State-effective on November 7, 
2013, and are the revisions to SIP Section X, Part F that we discussed 
above in sections III and V of this action. The November 7, 2013, 
effective revisions were submitted by the Governor by a letter dated 
January 28, 2014 and were supported by a subsequent letter, dated 
February 4, 2014, from Bryce Bird, Director, UDAQ, which submitted the 
necessary administrative documentation.
    The revisions to Utah Rules R307-110-1, R307-110-31, and R307-110-
36, as discussed above, incorporate by reference the applicable SIP 
revisions into the Utah Administrative Rules which then codifies them 
in the Utah Administrative Code. This is acceptable to EPA and we are, 
therefore, proposing to approve these revisions to Utah Rules R307-110-
1, R307-110-31, and R307-110-36.

VII. Consideration of Section 110(1) of the Clean Air Act

    Section 110(1) of the CAA states that a SIP revision cannot be 
approved if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
towards attainment of a NAAQS or any other applicable requirement of 
the CAA. The provisions of Utah SIP Section X, Part A contain I/M 
provisions that were previously approved by the EPA and were also 
simultaneously contained in the Utah's SIP Section X for each of the 
county's I/M programs (i.e., Part B, Part C, Part D, and Part E.) The 
proposed SIP revisions to Section X do not weaken the previously 
approved requirements and provisions in Section X of the SIP, nor do 
they reduce the emission reductions achieved by the original program 
areas. Instead, the revisions to SIP Section X reorganize and expand 
the existing Part A requirements and provisions, to reflect the 
redundant language that previously appeared in Parts B, C, D, and E, 
and to expand SIP Section X to include the Cache County I/M program 
(Part F). The revisions to SIP Section X, Part F incorporate a new I/M 
program for Cache County that will help to reduce PM<INF>2.5</INF> 
precursor emissions of NOx and VOCs. The revisions to Utah Rules R307-
110-1, R307-110-31, and R307-110-36 merely incorporate by reference the 
applicable SIP revisions into the Utah Administrative Rules which then 
codifies them in the Utah Administrative Code. In view of the above, 
EPA proposes to find that the revisions to Utah SIP Section X, Part A, 
Utah SIP Section X Part F, and Utah Rules R307-110-1, R307-110-31, and 
R307-110-36 will not interfere with attainment, reasonable further 
progress, or any other applicable requirement of the CAA.

VIII. Proposed Action

    EPA is proposing approval of the January 10, 2013 submitted SIP 
revisions to Utah's SIP Section X, Vehicle Inspection and Maintenance

[[Page 66679]]

Program, Part A, General Requirements and Applicability, and to Utah 
Rules R307-110-1 and R307-110-31. In addition, EPA is proposing 
approval of the January 28, 2014 submitted SIP revisions to Utah's SIP 
Section X, Vehicle Inspection and Maintenance Program, Part F, Cache 
County, with clarification below, and to Utah Rule R307-110-36. EPA 
clarifies that with its proposed approval of Utah's SIP Section X, 
Vehicle Inspection and Maintenance Program, Part F, Cache County, 
Appendix 2, the provisions in the BRHD's Regulation 2013-1, Section 
9.4.6 and the diesel test procedures as specified in BRHD's Regulation 
2013-1, Appendix D are being proposed for approval only for purposes of 
strengthening the SIP. These provisions are not being proposed for 
approval as a diesel I/M program and are not being assigned any SIP 
credit.

IX. 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 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 
proposed 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 proposed 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, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, and Volatile organic 
compounds.

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

    Dated: October 20, 2014.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2014-26630 Filed 11-7-14; 8:45 am]
BILLING CODE 6560-50-P


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