[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Rules and Regulations]
[Pages 52655-52664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24541]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2009-0436; FRL-9970-66-Region 1]


Air Plan Approval; Rhode Island; Enhanced Motor Vehicle 
Inspection and Maintenance Program

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the State of Rhode 
Island. These revisions include regulations to update the enhanced 
motor vehicle inspection and maintenance (I/M) program in Rhode Island. 
The revised program includes a test and repair network consisting of 
on-board diagnostic (OBD2) testing for model year 1996 and newer 
vehicles and tailpipe exhaust test, using a dynamometer, for model year 
1995 and older vehicles. The intended effect of this action is to 
approve the revised program into the Rhode Island SIP. This action is 
being taken in accordance with the Clean Air Act (CAA).

DATES: This direct final rule will be effective January 16, 2018, 
unless EPA receives adverse comments by December 14, 2017. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2009-0436 at www.regulations.gov, or via email to 
<a href="/cdn-cgi/l/email-protection#c1a6a0b3a2a8a0efa0b3a8a4ad81a4b1a0efa6aeb7"><span class="__cf_email__" data-cfemail="27404655444e460946554e424b6742574609404851">[email protected]</span></a>. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the Web, cloud, or

[[Page 52656]]

other file sharing system). For additional submission methods, please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section. For the full EPA public comment policy, information about CBI 
or multimedia submissions, and general guidance on making effective 
comments, please visit www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA Region 1 Regional 
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, 
MA 02109-3912, telephone number: (617) 918-1660, email: 
<a href="/cdn-cgi/l/email-protection#d5b2b4a7b6bcb4fbb4a7bcb0b995b0a5b4fbb2baa3"><span class="__cf_email__" data-cfemail="97f0f6e5f4fef6b9f6e5fef2fbd7f2e7f6b9f0f8e1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. What are the Clean Air Act requirements for I/M programs?
III. What are the OBD2 requirements and how does Rhode Island's 
program address these requirements?
IV. What are all the other I/M regulatory requirements and how does 
Rhode Island's I/M program satisfy these requirements?
    A. Applicability
    B. Enhanced I/M Performance Standard
    C. Network Type and Program Evaluation
    D. Adequate Tools and Resources
    E. Test Frequency and Convenience
    F. Vehicle Coverage
    G. Test Procedure and Standards
    H. Test Equipment
    I. Quality Control
    J. Waivers and Compliance via Diagnostic Inspection
    K. Motorist Compliance Enforcement
    L. Motorist Compliance Enforcement Program Oversight
    M. Quality Assurance
    N. Enforcement Against Contractors, Stations, and Inspectors
    O. Data Collection, Analysis, and Reporting
    P. Inspector Training and Licensing or Certification
    Q. Public Information and Consumer Protection
    R. Improving Repair Effectiveness
    S. Compliance With Recall Notices
    T. On-Road Testing
    U. Concluding Statement
V. Final Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Background and Purpose

    On January 28, 2009, the State of Rhode Island submitted a formal 
revision to its State Implementation Plan (SIP). This SIP revision 
included regulations to update the enhanced motor vehicle inspection 
and maintenance (I/M) program in Rhode Island. Rhode Island submitted a 
supplement to this 2009 SIP revision on February 17, 2017; this 
supplement included the emissions modeling and I/M SIP narrative 
required by EPA's I/M regulations. EPA is approving Rhode Island's 
revised I/M program because it is consistent with the CAA's I/M 
requirements and EPA's I/M regulations, and will strengthen the SIP. 
Specifically, the SIP revisions include amendments to the Rhode Island 
Department of Environmental Management's (DEM's) Air Pollution Control 
Regulation (APCR) No. 34, ``Rhode Island Motor Vehicle Inspection/
Maintenance Program,'' and the Rhode Island Division of Motor Vehicles' 
(DMV's) regulation ``Rhode Island Motor Vehicle Safety and Emissions 
Control Regulation No. 1,'' and other administrative and technical 
documentation required in a SIP submittal to address the requirements 
for the implementation of the motor vehicle I/M program in Rhode 
Island. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

II. What are the Clean Air Act requirements for I/M programs?

    The CAA, 42 U.S.C. 7401 et seq., requires certain states to 
implement an enhanced I/M program to detect gasoline-fueled motor 
vehicles which emit excessive amounts of certain air pollutants. The 
enhanced I/M program is intended to help states meet federal health-
based national ambient air quality standards (NAAQS) for ozone and 
carbon monoxide by requiring vehicles with excess emissions to have 
their emissions control systems repaired. Section 182 of the CAA 
requires I/M programs in those areas of the nation that are most 
impacted by carbon monoxide and ozone pollution. Section 184 of the CAA 
also created an ``Ozone Transport Region'' (OTR), and includes I/M 
requirements for that region. The OTR geographically extends from 
northern Virginia to Maine, including the entire state of Rhode Island. 
In addition, EPA promulgated I/M regulations at 40 CFR part 51, subpart 
S. Depending on the severity of an area's nonattainment classification 
and/or geographic location within the OTR, EPA's regulation under 40 
CFR 51.350 outlines the appropriate motor vehicle I/M requirements.
    As a result of having areas designated nonattainment for the 1997 
8-hour ozone NAAQS (see 40 CFR 81.340 for Rhode Island), and by virtue 
of its inclusion in the OTR, Rhode Island has implemented an enhanced 
vehicle emissions testing program throughout the entire State. Rhode 
Island began implementing an I/M program in January 2000. The Rhode 
Island I/M program was first approved into the SIP on February 9, 
2001(66 FR 9661), and Rhode Island's SIP submittal included all of the 
elements required of an I/M program as specified in 40 CFR part 51, 
subpart S. Since that time, the program has been modified in a number 
of ways. Most notably it has been changed to a test and repair network, 
and now also includes on-board diagnostic (OBD2) testing of model year 
1996 and newer vehicles.

III. What are the OBD2 requirements and how does Rhode Island's program 
address these requirements?

    On April 5, 2001 (66 FR 18156), EPA published in the Federal 
Register ``Amendments to Vehicle Inspection and Maintenance Program 
Requirements Incorporating the On-Board Diagnostics Check.'' EPA's 
revised I/M rule requires that electronic checks of the On-Board 
Diagnostics (OBD2) system on model year 1996 and newer OBD2-equipped 
motor vehicles be conducted as part of states' motor vehicle I/M 
programs. OBD2 is part of the sophisticated vehicle powertrain 
management system and is designed to detect engine and transmission 
problems that might cause vehicle emissions to exceed allowable limits. 
OBD2 requirements are a key part of this rulemaking action.
    The OBD2 system monitors the status of up to 11 emission control 
related subsystems by performing either continuous or periodic 
functional tests of specific components and vehicle conditions. The 
first three testing categories: Misfire; fuel trim; and comprehensive 
components, are continuous, while the remaining eight only run after a 
certain set of conditions has been met. The algorithms for running 
these eight periodic monitors are unique to each manufacturer and 
involve such things as ambient temperature as well as driving 
conditions. Most vehicles will have at least five of the eight 
remaining monitors (catalyst, evaporative system, oxygen sensor, heated 
oxygen sensor, and exhaust gas recirculation or EGR system) while the 
remaining three (air conditioning, secondary air, and heated catalyst) 
are not necessarily applicable to all vehicles. When a vehicle is 
scanned at an OBD2-I/M test site, these monitors can appear as either 
``Ready'' (meaning the monitor in question has

[[Page 52657]]

been evaluated, also interchangeably appears as ``Complete'' on some 
vehicles), ``Not Ready'' (meaning the monitor has not yet been 
evaluated, also interchangeably appears as ``Not Complete'' on some 
vehicles), or ``Unsupported'' (meaning the vehicle is not equipped with 
the component monitor in question and the monitor is not applicable). 
The monitors that are available in a certain vehicle's emission control 
design are referred to as being ``Supported,'' and only supported 
monitors need to be evaluated by the vehicle's computer to ultimately 
receive a ``Ready'' or ``Not Ready'' designation.
    The OBD2 system is also designed to fully evaluate the vehicle's 
emissions control system. If the OBD2 system detects a problem that may 
cause vehicle emissions to exceed 1.5 times the Federal Test Procedure 
(FTP) standards, then the Malfunction Indicator Light (MIL) is 
illuminated. By turning on the MIL, the OBD2 system notifies the 
vehicle operator that an emissions-related fault has been detected and 
the vehicle should be repaired as soon as possible, thus reducing the 
harmful emissions contributed by the vehicle.
    EPA's revised OBD2 I/M rule applies to those areas that are 
required to implement I/M programs under the CAA, which includes Rhode 
Island. The revised I/M program submitted by Rhode Island on January 
28, 2009, and supplemented on February 17, 2017, includes OBD2 testing 
for model year 1996 and newer vehicles, and continues to require that 
1995 and older vehicles (up to 25 years old) continue to receive a 
tailpipe emissions test using a dynamometer to meet the previously SIP-
approved exhaust emissions standards,\1\ or a two-speed idle test for 
vehicles with drive configurations that prevents a dynamometer test. 
Rhode Island's motor vehicle I/M program conducts OBD2 tests on 
gasoline and diesel powered light-duty vehicles; light-duty vehicles 
being those vehicles with a gross vehicle weight rating (GVWR) of up to 
and including 8,500 pounds.
---------------------------------------------------------------------------

    \1\ Rhode Island's previous I/M SIP submittal was approved on 
February 9, 2001 (66 FR 9661). Although Rhode Island only requires 
compliance with the emissions testing program of vehicles up to 25 
model years old, Rhode Island does conduct an advisory-only 
emissions test on all vehicles regardless of age, in conjunction 
with the safety inspection conducted on those older vehicles.
---------------------------------------------------------------------------

    EPA's OBD2 program requires scan tool equipment to read the 
vehicle's built-in computer sensors in model year 1996 and newer 
vehicles. The OBD2-I/M check consists of two types of examination: A 
visual check of the dashboard display function and status; and an 
electronic examination of the OBD2 computer itself. The failure 
criteria for OBD2 testing is any Diagnostic Trouble Code (DTC) or 
combination of DTCs that result in the MIL to be commanded on. A DTC is 
a code that indicates a malfunction in an emission control system or 
component which may cause emissions to increase to 1.5 times the limit 
due to the malfunction. Rhode Island has incorporated these OBD2 
program elements into its program.
    If the OBD2 scan reveals DTCs that have not commanded the MIL on, 
the motorist should be advised of the issue, but the vehicle should not 
be failed unless other non-DTC based failure criteria have been met. 
Vehicles may fail an inspection if the vehicle connector is missing, 
tampered with or otherwise inoperable, if the MIL is commanded and is 
not visually illuminated, and if the MIL is commanded on for one or 
more DTCs as defined in the Society of Automotive Engineering (SAE) 
J2012 guidance document, and EPA regulations.
    Vehicles are rejected from testing if the scan of the OBD2 system 
reveals a ``Not Ready'' code for any OBD2 component. EPA's Final 
Implementation Guidance (``Performing Onboard Diagnostic System Checks 
as part of a Vehicle Inspection and Maintenance Program,'' EPA 420-R-
01-015, June 2001) allows states the flexibility to permit model year 
1996 to 2000 vehicles with two or fewer unset readiness codes, and 
model year 2001 and newer vehicles with one unset readiness code to 
complete an OBD2-I/M inspection without being rejected. Vehicles would 
still fail if the MIL was commanded on or if other failure criteria 
were met, or be rejected from inspection if three or more unset 
readiness codes were encountered. If the MIL is not commanded to be 
illuminated the vehicle would pass the OBD2 inspection even if DTCs are 
present. Rhode Island's testing program is consistent with the EPA 
recommended readiness failure criteria. Rhode Island DEM's APCR No. 34 
requires that the program meet the OBD2 testing requirements and 
procedures set forth in 40 CFR 85.2222.\2\
---------------------------------------------------------------------------

    \2\ Rhode Island's Air Pollution Control Regulation No. 34, at 
subsection 34.5, directly cites, and therefore incorporates by 
reference, the federal regulation at 40 CFR 85.2222. For purposes of 
the federal SIP, EPA interprets Rhode Island's regulation as 
incorporating by reference the version of 40 CFR 85.2222 as amended 
on April 5, 2001 (66 FR 18156), rather than prospectively 
incorporating any future changes to 40 CFR 85.2222.
---------------------------------------------------------------------------

    EPA believes that for an OBD2-I/M test program to be most 
effective, it should be designed to allow for: (1) Real-time data link 
connections to a centralized testing database; (2) quality-controlled 
input of vehicles and owner identification information; and (3) 
automated generation of test reports. Rhode Island has incorporated 
these OBD2 program elements into the State's I/M program.

IV. What are all the other I/M regulatory requirements and how does 
Rhode Island's I/M program satisfy these requirements?

A. Applicability

    As previously stated above, Section 182 of the CAA requires I/M 
programs in those areas of the nation that are most impacted by carbon 
monoxide and ozone pollution. Rhode Island has had varying 
nonattainment designations and classifications for the ozone NAAQS.\3\ 
Nonetheless, Section 184 of the CAA requires areas in the OTR (such as 
Rhode Island), to implement enhanced vehicle I/M programs.
---------------------------------------------------------------------------

    \3\ See Nonattainment Areas for Criteria Pollutants at 
www.epa.gov/green-book.
---------------------------------------------------------------------------

    The SIP describes in detail the areas subject to the enhanced I/M 
program and, consistent with 40 CFR 51.372, includes the legal 
authority necessary to establish program boundaries. The Rhode Island 
I/M regulations (RI DEM's APCR No. 34 ``Rhode Island Motor Vehicle 
Inspection/Maintenance Program,'' and RI DMV's ``Rhode Island Motor 
Vehicle Safety and Emissions Control Regulation No. 1'') and 
authorizing legislation (Rhode Island General Laws at Title 31, Chapter 
31-47.1) ensure that the enhanced I/M program be implemented statewide.

B. Enhanced I/M Performance Standard

    Today's rulemaking discusses the I/M program designed, in part, to 
meet the enhanced I/M performance standard for ozone precursors in 
Rhode Island. EPA's performance standard establishes an emission 
reduction target that must be met by an I/M program in order for the 
SIP to be approvable. The program, as documented in the SIP, must meet 
the performance standard in actual operation, with provisions for 
appropriate adjustments if the standard is not met.
    The emissions modeling conducted as part of the performance 
standard evaluation in the I/M SIP submittal illustrates that the 
revised Rhode Island I/M program, contained in the January 28, 2009 and 
February 17, 2017 SIP revisions, is more stringent than the federally-
required performance

[[Page 52658]]

standard, and more stringent than Rhode Island's preceding I/M program 
approved into the SIP on February 9, 2001 (66 FR 9661). Thus, these 
Rhode Island SIP revisions satisfy the requirements of the CAA Section 
110(l) because the SIP revision will not interfere with any applicable 
requirement concerning attainment and reasonable further progress, or 
with any other applicable requirement of the CAA.
    Included in Rhode Island's February 17, 2017 submittal is the 
appropriate vehicle emission modeling demonstration, using EPA's MOtor 
Vehicle Emissions Simulator Model (MOVES), considering the required 
performance standards and the actual Rhode Island program as it is 
currently being implemented statewide, as well as a comparison to the 
preceding I/M program approved on February 9, 2001 (66 FR 9661), that 
the State is no longer implementing. The modeling runs considered 
evaluations with 2015, 2016, and 2017 compliance dates. Rhode Island 
has demonstrated that reductions from its updated program are greater 
than those achieved by the preceding I/M program, and the EPA 
performance standard. The MOVES modeling performed reflects the fact 
that Rhode Island tests all gasoline-powered vehicles that are less 
than 25 years old. Model year 1996 and newer vehicles are tested with 
OBD2, and pre-1996 vehicles (i.e., they are not equipped with OBD2 
technology) are tested using an exhaust dynamometer test. Vehicles are 
tested every other year, and vehicles up to 2 years old that have 
driven less than 24,000 miles are not tested. Vehicle testing 
requirements are included in APCR No. 34, and details of meeting the 
performance standard are included in section 2 of the SIP narrative.

C. Network Type and Program Evaluation

    Under the CAA and EPA's I/M rule, the SIP must include a 
description of the network to be employed and the required legal 
authority. Also, for enhanced I/M areas, the SIP needs to include a 
description of the evaluation schedule and protocol, the sampling 
methodology, the data collection and analysis system, the resources and 
personnel for evaluation and related details of the evaluation program, 
as well as the legal authority establishing the evaluation program.
    Rhode Island has maintained its decentralized test and repair I/M 
network program design utilizing contractors to manage and oversee the 
inspection portion of the program. Rhode Island's decentralized 
infrastructure meets all the federal I/M requirements. Rhode Island has 
implemented a continuous ongoing evaluation program consistent with the 
federal I/M rule. Rhode Island commits to developing and submitting the 
annual and biennial reports described by 40 CFR 51.366 and the results 
of the evaluation programs are included in the annual and biennial 
reports. In addition, the ongoing evaluation program consists of 
conducting on-road testing, as required by 40 CFR 51.371, by using 
remote sensing to test the emissions performance of the required amount 
of vehicles in the State's motor vehicle fleet. The remote sensing data 
collected by Rhode Island continually supports that the Rhode Island I/
M program is efficiently reducing emissions. Rhode Island has 
sufficient legal authority to implement this contractor managed program 
in concert with local inspection stations and to conduct the program 
evaluation, as necessary to implement I/M consistent with federal 
requirements. Details of the network type and program evaluation are 
included in section 3 of the SIP narrative.

D. Adequate Tools and Resources

    Under the CAA and EPA's I/M rule, the SIP must include a 
description of the resources that will be used for program operation 
and must discuss how the performance standard will be met, including: 
(1) A detailed budget plan describing the source of funds for 
personnel, program administration, program enforcement, purchase of 
necessary equipment (such as vehicles for undercover audits), and for 
other requirements discussed throughout the I/M rule; and (2) a 
description of personnel resources, the number of personnel dedicated 
to overt and covert auditing, data analysis, program administration, 
enforcement, and other necessary functions, and the training attendant 
to each function.
    Rhode Island operates a self-funded I/M program, in which, revenue 
from the inspection fee charged to motorists is used for all expenses 
associated with the administration, implementation, and enforcement of 
the enhanced I/M program. The Rhode Island DEM provides additional 
support to the I/M program by providing a full-time ``Air Quality 
Specialist'' that devotes 100% of staff time to serving as a DEM to the 
Rhode Island DMV's operation of the Rhode Island I/M program. Rhode 
Island has adequate staff dedicated to overt and covert auditing, data 
analysis, program administration, enforcement, and other necessary 
program functions. Section 4 of the State's SIP narrative, and the 
appendices to the SIP narrative, describe the budget, staffing support, 
and equipment needed to implement the program.

E. Test Frequency and Convenience

    Under EPA's I/M rule, the SIP must include a detailed test 
schedule, including the test year selection scheme if testing is other 
than annual. The SIP must also include the legal authority necessary to 
implement and enforce the test frequency requirement and explain how 
the test frequency will be integrated with the enforcement process. In 
addition, in enhanced I/M programs, the SIP needs to demonstrate that 
the network of stations providing testing services is sufficient to 
ensure customer convenience by providing short waiting times for a 
test, and short driving distances to the test center.
    The Rhode Island SIP revision requires biennial inspections for all 
subject motor vehicles that are at least two years old, or newer 
vehicles that have driven at least 24,000 miles. The inspections are 
conducted based on when the vehicle is initially purchased. To provide 
motorist's convenience, Rhode Island has set geographic criteria 
ensuring that at least one testing facility is located in each city or 
town in the State. Section 5 of the SIP narrative and the contract with 
the I/M program vendor includes additional information for ensuring 
convenient testing wait times and convenient testing locations. The 
authority for enforcing the testing frequency is contained in the Rhode 
Island DMV's ``Rhode Island Motor Vehicle Safety and Emissions Control 
Regulation No. 1,'' covering the emissions testing of light-duty 
vehicles in Rhode Island.

F. Vehicle Coverage

    Under EPA's I/M rule, the SIP must include a detailed description 
of the number and types of vehicles to be covered by the program, and a 
plan for identifying subject vehicles, including vehicles that are 
routinely operated in the area but may not be registered in the area. 
Also, the SIP must include a description of any special exemptions 
which will be granted by the program, and an estimate of the percentage 
and number of vehicles granted such exemptions. Such exemptions need to 
be accounted for in the emission reduction analysis. In addition, the 
SIP needs to include legal authority necessary to implement and enforce 
the vehicle coverage requirement.
    The Rhode Island I/M program covers all light-duty vehicles and 
light-duty trucks, rated up to and including 8,500 pounds GVWR, 
operating on all fuel

[[Page 52659]]

types, as required by the federal I/M rule for enhanced programs. Rhode 
Island requires biennial testing of vehicles, which are less than 25 
years old, except any new motor vehicle until twenty-four months after 
its date of initial purchase or 24,000 miles, whichever occurs first. 
In addition, Rhode Island's enhanced I/M program covers any motor 
vehicle fleets, including all federal, state, and municipal fleets; as 
well as any motor vehicle operating on the highways of Rhode Island 
with a dealer registration, loan agreement, or being operated as a 
demonstration vehicle.
    Rhode Island exempts special classes of vehicles from the emissions 
testing program being approved in today's Direct Final Rulemaking, 
including: Vehicles older than 25 model years old; \4\ new vehicles 
until 24 months after its date of initial purchase or until such new 
vehicle has been driven for 24,000 miles, whichever occurs first; 
tactical military vehicles; electric vehicles; competition and off-road 
vehicles used solely for off-highway activities; motorized wheelchairs; 
motorcycles; farm tractors; and special mobile equipment. Rhode 
Island's I/M program also provides a temporary exemption from the 
emissions testing requirement for vehicles that may be temporarily out 
of State, but the operator of such a vehicle must obtain an emissions 
inspection within five days of returning to the State. In addition, 
vehicles owned or controlled by a dealer are granted a temporary 
exemption for the first five days after the vehicle is owned or 
controlled by the dealer. Based on information provided in the SIP 
submittal, Rhode Island has shown that such exemptions will not prevent 
the program from achieving the EPA-required performance standard. 
Additional detail supporting this conclusion was included in section 6 
of the SIP narrative. Legal authority for the vehicle coverage 
requirements are contained in the Rhode Island I/M regulations (RI 
DEM's APCR No. 34 ``Rhode Island Motor Vehicle Inspection/Maintenance 
Program,'' and RI DMV's ``Rhode Island Motor Vehicle Safety and 
Emissions Control Regulation No. 1''), and the authorizing legislation 
(Rhode Island General Laws at Title 31, Chapter 31-47.1).
---------------------------------------------------------------------------

    \4\ Section 1.3.1 of the Rhode Island DMV's ``Rhode Island Motor 
Vehicle Safety and Emissions Control Regulation No. 1'' states that 
Rhode Island exempts ``any model year vehicle 25 years old or older 
from the requirement to obtain repairs in order to comply, but such 
vehicles must undergo an emissions inspection.''
---------------------------------------------------------------------------

G. Test Procedures and Standards

    Under EPA's I/M rule, the SIP must include a description of each 
test procedure used. The SIP also must include the rule, ordinance, or 
law describing and establishing the test procedures. Rhode Island's 
enhanced I/M program requires that all vehicles, equipped with OBD2 
technology, be subjected to an OBD2 inspection. Rhode Island gasoline-
powered vehicles are tested using one of three methods: (1) OBD2 
testing, (2) a dynamometer test to test tailpipe exhaust emissions, or 
(3) a two-speed idle test. Rhode Island diesel-powered vehicles are 
tested using one of two methods: (1) An OBD2 test on OBD2-equipped 
diesel vehicles, or (2) a dynamometer opacity test. The Rhode Island I/
M SIP revision and associated regulations obligate the State to perform 
OBD2 testing on all model year 1996 and newer vehicles, in accordance 
with EPA procedures. All model year 1995 and older covered vehicles, 
excluding full time four-wheel-drive vehicles, continue to receive a 
tailpipe emissions test using a dynamometer to meet the previously SIP-
approved exhaust emissions standards for gasoline-powered vehicles or 
opacity emission standards for diesel-powered vehicles. A gasoline-
powered vehicle which cannot be tested using either OBD2 or the 
dynamometer test, will be given a two-speed idle test.\5\ Rhode 
Island's OBD2 testing procedures are based on the testing procedures 
established by EPA for light-duty vehicles in 40 CFR 85.2222. Details 
of the test procedures and standards are included in Rhode Island's I/M 
regulations and in section 7 of the SIP narrative.
---------------------------------------------------------------------------

    \5\ Gasoline and diesel powered vehicles with known issues with 
readiness monitors, or lack of electronic communication, cannot be 
tested using OBD2. Full time four-wheel-drive vehicles cannot be 
tested on a dynamometer. Diesel-powered vehicles that cannot be 
tested on a dynamometer will not be subjected to an emissions test.
---------------------------------------------------------------------------

H. Test Equipment

    Under EPA's I/M rule, the SIP must include written technical 
specifications for all test equipment used in the program and address 
each of the requirements set forth at 40 CFR 51.358. The specifications 
must describe the emission analysis process, the necessary test 
equipment, the required features, and written acceptance testing 
criteria and procedures.
    Rhode Island's SIP submittal provides written equipment 
specifications as contained in EPA's Final Implementation Guidance and 
the appendices of EPA's I/M rule. The Rhode Island SIP submission and 
its appendices address the requirements in 40 CFR 51.358 and include 
descriptions of performance features and functional characteristics of 
the computerized test systems. The SIP submittal references 40 CFR part 
51 and Part 85, and are consistent with the procedures outlined in 40 
CFR 85.2222 and EPA's June 2001 Final Implementation Guidance. The 
necessary test equipment, required features, and acceptance testing 
criteria are discussed in section 8 of the Rhode Island SIP narrative.

I. Quality Control

    Under EPA's I/M rule, the SIP must include a description of quality 
control and recordkeeping procedures. The SIP also must include the 
procedures manual, rule, and ordinance or law describing and 
establishing quality control procedures and requirements.
    The Rhode Island I/M SIP narrative and contract contain 
descriptions and requirements establishing the quality control 
procedures in accordance with the federal I/M rule and EPA's Final 
Implementation Guidance. These requirements will help ensure that 
equipment calibrations are properly performed and recorded and that the 
necessary compliance document security is maintained. As described in 
section 9 of the SIP narrative, the Rhode Island SIP complies with all 
specifications for quality control set forth in Section 51.359 and 
Appendix A of the federal I/M rule, and EPA's Final Implementation 
Guidance.

J. Waivers and Compliance via Diagnostic Inspection

    Under EPA's I/M rule, the SIP must include a maximum waiver rate 
expressed as a percentage of initially failed vehicles. This waiver 
rate is used for estimating emission reduction benefits in the modeling 
analysis. Corrective action must be taken if the waiver rate exceeds 
that estimated in the SIP, or a state must revise its SIP and claim 
emission reductions accordingly. The SIP also must describe the waiver 
criteria and procedures, including cost limits, quality assurance 
methods and measures, and administration. Lastly, the SIP must include 
the necessary legal authority, ordinance(s), 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.
    Cost limits for the minimum expenditure waivers must be in 
accordance with the CAA and the federal I/M rule. According to federal 
requirements, expenditures of at least $450 for actual, non-tampering 
related repairs, must be spent in order to

[[Page 52660]]

qualify for a waiver in an enhanced I/M program; this amount shall be 
adjusted annually according to changes in the Consumer Price Index as 
specified in 40 CFR 51.360(a)(7). Rhode Island DMV's ``Rhode Island 
Motor Vehicle Safety and Emissions Control Regulation No. 1'' at 
section 1.9.1(d) allows for waivers to be issued which meet minimum 
repair expenditures in accordance with the federal I/M rule. Section 10 
of Rhode Island's SIP narrative describes that expenditure waivers are 
allowed to be issued if a motorist makes an expenditure of at least 
$700 on actual, non-tampering related repairs on a vehicle that still 
does not pass the required emissions test. Rhode Island intends to 
annually update the cost to receive a waiver from the emissions testing 
program in accordance with federal requirements. In addition, Rhode 
Island allows for an economic hardship time extension as allowed under 
EPA's rule. Rhode Island has demonstrated that it can meet the enhanced 
I/M performance standard testing with the I/M program as it is 
described in the SIP submittal.
    The Rhode Island I/M program commits to a waiver rate of one 
percent per inspection cycle, that is, a maximum of 1% of initially 
failed vehicles are allowed to receive a waiver in a given two-year 
period. The 1% waiver rate is used in the performance standard modeling 
demonstration discussed in Section IV.B., ``Enhanced I/M Performance 
Standard,'' of today's rulemaking. The 1% waiver rate is incorporated 
into the performance standard modeling demonstration in accordance with 
EPA's modeling guidance, ``Performance Standard Modeling for New and 
Existing Vehicle Inspection and Maintenance (I/M) Programs Using the 
MOVES Mobile Source Emissions Model'' (EPA-420-B-14-006, January 2014). 
Rhode Island's SIP narrative describes the types of waivers that will 
be allowed: Minimum expenditure waivers; economic hardship time 
extensions; and/or a diagnostic waiver.\6\ These issues are dealt with 
in a manner consistent with the federal I/M rule. The proper criteria, 
procedures, quality assurance and administration regarding the issuance 
of waivers, consistent with EPA's I/M rule, will be ensured by Rhode 
Island and the State's I/M program contractor and are detailed in 
section 10 of the SIP narrative and in the State's I/M regulations.
---------------------------------------------------------------------------

    \6\ A diagnostic waiver applies to vehicle owners of a vehicle 
that has failed an emissions inspection, and subsequent re-
inspection, and after undergoing a complete, documented physical and 
functional diagnosis and inspection conducted by the Rhode Island 
Division of Motor Vehicles, it is determined that the vehicle has 
all emission control devices in place and operating properly and no 
additional repairs are reasonably possible or because a vehicle is 
unable to get repaired because the necessary emission parts are no 
longer available or no longer manufactured.
---------------------------------------------------------------------------

K. Motorist Compliance Enforcement

    Under EPA's I/M rule, the SIP must provide information concerning 
motorist enforcement, including: (1) A description of the existing 
compliance mechanism if it will continue to be used for the program, 
and the demonstration that it is as effective, or more effective, than 
registration denial enforcement; (2) an identification of the agencies 
responsible for performing each of the applicable activities in this 
section; (3) a description of, and accounting for, all classes of 
exempt vehicles; and (4) a description of the plan for testing fleet 
vehicles, and any other special classes of subject vehicles, such as 
those operated (but not necessarily registered) in the program area. 
Also, a SIP must include a determination of the current compliance rate 
based on a study of the system including an estimate of compliance 
losses due to loopholes, counterfeiting, and unregistered vehicles. 
Estimates of the effect of closing such loopholes and otherwise 
improving the enforcement mechanism must be supported with detailed 
analyses. In addition, the SIP needs to include the legal authority to 
implement and enforce the program. Lastly, the SIP must include a 
commitment to an enforcement level and minimum compliance level used 
for modeling purposes and to be maintained, at a minimum, in practice.
    The State of Rhode Island has chosen to use a program of denying 
registration to anyone who fails to meet emissions testing 
requirements. The motorist compliance enforcement program will be 
implemented primarily by the Rhode Island DMV. However, State police 
and local law enforcement can provide citations for vehicles not 
complying with the I/M program. The enforcement strategy is described 
in the Rhode Island SIP submittal. The enforcement strategy is designed 
to ensure a high rate of compliance. Any motorist who operates their 
vehicle on the highways in Rhode Island that is not in compliance with 
the I/M program will face fines and suspension of their registration. 
Those not receiving the emissions test as scheduled will be subject to 
fines and late penalties, and will also be denied registration when 
their registration expires. Rhode Island presently has over a 96% 
compliance rate with the emissions inspection program. The legal 
authority to implement and enforce the program is included in Rhode 
Island's I/M regulations and the State's General Laws. Additional 
detail of the motorist compliance enforcement program is included in 
section 11 of the SIP narrative.

L. Motorist Compliance Enforcement Program Oversight

    Under EPA's I/M rule, the SIP must include a description of 
enforcement program oversight and information management activities.
    The Rhode Island I/M SIP revision provides for regular auditing of 
its enforcement program and adherence to effective management 
practices, including adjustments to improve the program when necessary. 
These program oversight and information management activities are 
described in the SIP narrative, and include a description of the 
emissions testing database and how this system interfaces with 
registration records. If a vehicle is out of compliance with the 
emissions testing requirement, registration is denied. This is done 
through computer matching and is directly available to law enforcement. 
The SIP describes the procedures to be followed in identifying 
noncomplying vehicles, along with appropriate follow-up and program 
documentation audits in section 12 of the SIP narrative.

M. Quality Assurance

    Under EPA's I/M rule, the SIP must include a description of the 
quality assurance program, and written procedure manuals covering both 
overt and covert performance audits, record audits, and equipment 
audits.
    The Rhode Island SIP submittal includes a description of the 
quality assurance program. The quality assurance program will include 
overt and covert performance audits, digital audits on station and 
inspector performance, and equipment audits. Rhode Island covers all of 
its program's inspection stations with the implemented quality 
assurance plan and conducts overt and/or covert audits, both in 
response to customer complaints and as targeted follow-up. Detailed 
quality assurance/quality control (QA/QC) procedures are included in 
the SIP submittal at section 13 of the SIP narrative and in the 
inspection program service agreement contract.

N. Enforcement Against Contractors, Stations, and Inspectors

    Under EPA's I/M rule, the SIP must include a penalty schedule and 
legal authority for establishing and imposing penalties, civil fines, 
station and inspector license suspension, and

[[Page 52661]]

revocations. In the case of state constitutional impediments precluding 
immediate authority to suspend licenses, the State Attorney General 
shall furnish an official opinion within the SIP explaining the 
constitutional impediment as well as relevant case law. The SIP also 
must describe the administrative and judicial procedures and 
responsibilities relevant to the enforcement process, including the 
agencies, courts, and jurisdictions involved; personnel to prosecute 
and adjudicate cases; and other aspects of the enforcement of the 
program requirements, the resources to be allocated to the enforcement 
function, and the source of those funds. In states that are without 
immediate suspension authority, the SIP must demonstrate that 
sufficient resources, personnel, and systems are in place to meet the 
three-day case management requirement for violations that directly 
affect emission reductions.
    The Rhode Island I/M SIP revision includes specific penalties in 
its enforcement against contractors, stations and inspectors in 
accordance with the federal I/M rule. Based on the Rhode Island SIP 
submittal, dated January 28, 2009 and supplemented on February 17, 
2017, the State's enforcement procedures can be pursued through 
contractual or regulatory action. The State, through the contract that 
it has been authorized to enter into and directly under Rhode Island 
General Laws at Title 31, Chapter 31-47.1, has the authority to 
immediately suspend a station inspector for violations that directly 
affect emission reduction benefits and a variety of other violations of 
procedures. Details on enforcement against contractors, stations, and 
inspectors are found in section 14 of the SIP submittal narrative.

O. Data Collection, Analysis, and Reporting

    Under EPA's I/M rule, the SIP must describe the types of data to be 
collected. EPA's I/M rule also requires that the SIP describe the 
procedures for data analysis and reporting to allow for monitoring and 
evaluation of the program.
    The Rhode Island I/M SIP revision provides for collecting test data 
to link specific test results to specific vehicles, I/M program 
registrants, test sites, and inspectors. The test data and quality 
control data which will be collected are described in section 15 of the 
SIP narrative and the inspection program service agreement contract. 
The data will be used to generate reports concerning test data, quality 
assurance, quality control, enforcement, as well as necessary changes 
and identified weaknesses in the I/M program. Rhode Island has also 
committed to collecting all data necessary for quality assurance and 
enforcement reports, as required by section 51.366 of the federal I/M 
rule. Details on data analysis and reporting are found in section 16 of 
Rhode Island's SIP narrative.

P. Inspector Training and Licensing or Certification

    Under EPA's I/M rule, the SIP must include a description of the 
training program, the written and hands-on tests, and the licensing or 
certification process.
    The Rhode Island I/M SIP submittal provides details on the 
inspector training program. The Rhode Island I/M SIP provides for 
implementation of training, licensing, and refresher programs for 
emission inspectors. The SIP and the inspection contract describe the 
inspector training program and curriculum including written and hands-
on testing. All inspectors will be required to be certified to inspect 
vehicles in the Rhode Island I/M program. Further details of the 
inspector training program are included in section 17 of the SIP 
narrative and Appendix I of the SIP revision.

Q. Public Information and Consumer Protection

    Under EPA's I/M rule, the SIP must include a plan for consumer 
protection and informing the public, on an ongoing basis, of the air 
quality problems, the need for and benefits of a motor vehicle 
inspection program, and how to find a qualified repair technician, 
amongst other information related to the requirements of the I/M 
program.
    Rhode Island has implemented a Web site for the State's I/M 
program.\7\ The Web site is designed to provide information to 
motorists, the general public, inspectors, and repair technicians 
regarding the State's I/M program. Rhode Island has the ability to take 
in general questions and concerns, both via a telephone hotline and 
electronically via the Web site, and has established a mechanism by 
which a vehicle owner can contest the results of an inspection. Further 
details of the public information and consumer protection plan are 
included in the inspection program service agreement contract and in 
section 18 of the SIP narrative.
---------------------------------------------------------------------------

    \7\ State of Rhode Island, Division of Motor Vehicles, Safety 
and Emissions program Web site: www.dmv.ri.gov/inspections.
---------------------------------------------------------------------------

R. Improving Repair Effectiveness

    Under EPA's I/M rule, the SIP must include a description of the 
technical assistance program to be implemented, a description of the 
procedures and criteria to be used in meeting the performance 
monitoring requirements of this section for enhanced I/M programs, and 
a description of the repair technician training resources available in 
the community.
    In the SIP submittal, Rhode Island provided additional detail and a 
description of the technical assistance, performance monitoring and 
repair technician training programs to be implemented. The SIP 
revision, as detailed in section 19 of the SIP narrative, provides for 
regularly informing repair facilities about changes to the inspection 
program, training course schedules, common problems, and potential 
solutions for particular engine families, diagnostic tips, repairs, and 
other assistance issues. As described in the SIP submittal, the State 
has also ensured that repair technicians may utilize the telephone 
hotline, or the electronic inquiry system on the program Web site, with 
any repair questions or concerns. Performance monitoring statistics of 
repair facilities will be provided to motorists whose vehicles fail the 
I/M test, as required in enhanced I/M areas. The State has committed to 
ensure that adequate repair technician training exists by establishing 
training courses at technical schools in the area.

S. Compliance With Recall Notices

    Under EPA's I/M rule, the SIP must describe, for enhanced I/M 
programs, the procedures used to incorporate the vehicle recall lists 
provided into the inspection or registration database, the quality 
control methods used to insure that recall repairs are properly 
documented and tracked, and the method (inspection failure or 
registration denial) used to enforce the recall requirements. EPA, 
through a private contractor, has established the National On-Board 
Diagnostics Clearinghouse which serves, amongst other functions, as a 
computerized database listing all emissions-related vehicle recalls.\8\
---------------------------------------------------------------------------

    \8\ National On-Board Diagnostics Clearinghouse Web site: 
www.obdclearinghouse.com.
---------------------------------------------------------------------------

    The Rhode Island I/M SIP will ensure that vehicles subject to the 
enhanced I/M program, that are included in either a voluntary emission 
recall or a remedial plan determination pursuant to the CAA, have had 
the appropriate repairs made prior to inspection. Section 1.4.5 of the 
Rhode Island DMV's

[[Page 52662]]

``Rhode Island Motor Vehicle Safety and Emissions Control Regulation 
No. 1'' requires inspectors to verify whether a vehicle presented for 
inspection is in need of repairs as a result of a recall notice; if 
such repairs are required, motorists with unresolved recall notices 
will be required to show proof of compliance or will be denied the 
opportunity for inspection. As described in section 20 of the SIP 
narrative, Rhode Island inspectors have access to the National On-Board 
Diagnostics Clearinghouse.

T. On-Road Testing

    Under the CAA and EPA's I/M rule, the SIP must include a detailed 
description of the on-road testing program required in enhanced I/M 
areas, including the types of testing, test limits and criteria, the 
number of vehicles (the percentage of the fleet) to be tested, the 
number of employees to be dedicated to the on-road testing effort, the 
methods for collecting, analyzing, utilizing, and reporting the results 
of on-road testing, and the portion of the program budget to be 
dedicated to on-road testing. Also, the SIP must include the legal 
authority necessary to implement the on-road testing program, including 
the authority to enforce off-cycle inspection and repair requirements. 
In addition, emission reduction credit for on-road testing programs can 
only be granted for a program designed to obtain significant emission 
reductions over and above those predicted to be achieved by other 
aspects of the I/M program. The SIP needs to include technical support 
for the claimed additional emission reductions.
    The I/M SIP submitted by Rhode Island on January 28, 2009, and 
supplemented on February 17, 2017, includes a description of the status 
of an on-road testing program in section 21 of the SIP narrative. Rhode 
Island's SIP highlights that the on-road testing program implemented 
consists of testing using remote sensing technology. Rhode Island 
conducts on-road tests using remote sensing on the appropriate number 
of vehicles required by the federal I/M rule. Since Rhode Island has 
not included additional modeling credit for the on-road portion of the 
State's inspection program when demonstrating that EPA's performance 
standard was met, the State's approach is acceptable.

U. Concluding Statement

    A more detailed analysis of the SIP submittal and how Rhode Island 
meets the federal requirements is contained in EPA's technical support 
document (TSD) prepared for this action. The TSD is available from the 
EPA Regional Office listed above and in the docket for this action. The 
criteria used to review the submitted SIP revisions are based on the 
requirements set forth in Section 182 of the CAA and in the federal I/M 
regulations, 40 CFR part 51, subpart S. Based on these requirements, 
EPA developed a detailed I/M approvability checklist to be used 
nationally to determine if I/M programs meet the requirements of the 
CAA and the federal I/M rule. The checklist states the federal 
requirements, referenced by section of the rule, and whether the Rhode 
Island program meets such requirements. This checklist, the CAA, and 
the federal I/M regulation formed the basis for EPA's technical review. 
EPA has reviewed the Rhode Island I/M SIP revisions using the criteria 
stated above. The Rhode Island I/M regulations and accompanying 
materials contained in the SIP submittal represent an acceptable plan 
to comply with the I/M requirements and meet all the criteria required 
for EPA to approve the SIP submittal. EPA's review of the materials 
submitted indicates that Rhode Island has revised its I/M program in 
accordance with the requirements of the CAA, 40 CFR part 51, and all of 
EPA's technical requirements for approvable vehicle inspection and 
maintenance programs, including OBD2. EPA's detailed I/M approvability 
checklist serves as the TSD for this action.

V. Final Action

    EPA is approving the SIP revisions submitted by the State of Rhode 
Island on January 28, 2009, and supplemented with a SIP revision on 
February 17, 2017. These SIP revisions contain the State's revised 
vehicle inspection and maintenance program. Specifically, EPA is 
approving the Rhode Island DEM Air Pollution Control Regulation No. 34 
entitled ``Rhode Island Motor Vehicle Inspection/Maintenance Program'' 
(effective January 5, 2009), and the Rhode Island DMV's ``Rhode Island 
Motor Vehicle Safety and Emissions Control Regulation No. 1'' 
(effective January 28, 2009), and incorporating these rules into the 
Rhode Island SIP. EPA is approving Rhode Island's revised I/M program 
because it is consistent with the CAA and EPA's I/M regulations and it 
will strengthen the Rhode Island SIP.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective January 
16, 2018 without further notice unless the Agency receives relevant 
adverse comments by December 14, 2017.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on January 16, 2018 and no further action will 
be taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

VI. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of Rhode 
Island's regulations described in the amendments to 40 CFR part 52 set 
forth below. EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov, and/or at the EPA 
Region 1 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).

VII. 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

[[Page 52663]]

Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 
3821, January 21, 2011);
    <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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 January 16, 2018. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: October 24, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart OO--Rhode Island

0
2. In Sec.  52.2070:
0
a. The table in paragraph (c) is amended by revising the entries ``Air 
Pollution Control Regulation 34'' and ``Rhode Island Motor Vehicle 
Safety and Emissions Control Regulation No. 1''.
0
b. The table in paragraph (e) is amended by adding the entry ``I/M SIP 
Narrative'' at the end of the table.
    The addition and revisions read as follows:


Sec.  52.2070  Identification of plan.

* * * * *
    (c) * * *

                                      EPA-Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation             Title/subject    effective date   EPA approval date        Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Air Pollution Control            Rhode Island Motor        1/5/2009  11/14/2017,         Department of
 Regulation 34.                   Vehicle                             [insert Federal     Environmental
                                  Inspection/                         Register            Management regulation
                                  Maintenance                         citation].          containing I/M
                                  Program.                                                standards. Approving
                                                                                          all sections except
                                                                                          Section 34.9.3
                                                                                          ``Application'' which
                                                                                          was excluded from the
                                                                                          SIP submittal.
 
                                                  * * * * * * *
Rhode Island Motor Vehicle       Rhode Island Motor       1/28/2009  11/14/2017,         Division of Motor
 Safety and Emissions Control     Vehicle                             [insert Federal     Vehicles regulation
 Regulation No. 1.                Inspection/                         Register            for the light-duty
                                  Maintenance                         citation].          vehicle I/M program.
                                  Program.                                                Approving all sections
                                                                                          except Section 1.12.2
                                                                                          ``Penalties'' and
                                                                                          Section 1.13
                                                                                          ``Proceedings for
                                                                                          Enforcement'' which
                                                                                          were excluded from the
                                                                                          SIP submittal.
 

[[Page 52664]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                                           Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                    Applicable
  Name of non regulatory SIP      geographic or    State submittal date/   EPA approved
           provision              nonattainment       effective date           date             Explanations
                                       area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
I/M SIP Narrative.............  Statewide........  Submitted 2/17/2017.  11/14/2017,       Narrative describing
                                                                          [insert Federal   how the Rhode Island
                                                                          Register          I/M program meets
                                                                          citation].        the requirements in
                                                                                            the federal I/M
                                                                                            rule.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-24541 Filed 11-13-17; 8:45 am]
BILLING CODE 6560-50-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>