Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations 52655 

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). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

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. 

This action determining that the 

Washington Area attained the 2008 

ozone NAAQS by its July 20, 2016 

attainment date 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, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements. 

Dated: October 27, 2017. 

Cosmo Servidio, 

Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart J—District of Columbia 

■ 2. In § 52.475, paragraph (c) is added 

to read as follows: 

§ 52.475 Determinations of attainment. 

* * * * * 

(c) Based upon EPA’s review of the air 

quality data for the 3-year period 2013 

to 2015, the Washington, DC-MD-VA 

marginal ozone nonattainment area has 

attained the 2008 8-hour ozone national 

ambient air quality standard (NAAQS) 

by the applicable attainment date of July 

20, 2016. Therefore, EPA has met the 

requirement pursuant to Clean Air Act 

section 181(b)(2)(A) to determine, based 

on the area’s air quality as of the 

attainment date, whether the area 

attained the standard. EPA also 

determined that the Washington, DCMD-VA marginal nonattainment area 

will not be reclassified for failure to 

attain by its applicable attainment date 

pursuant to section 181(b)(2)(A). 

Subpart V—Maryland 

■ 3. In § 52.1082, paragraph (k) is added 

to read as follows: 

§ 52.1082 Determinations of attainment. 

* * * * * 

(k) Based upon EPA’s review of the air 

quality data for the 3-year period 2013 

to 2015, the Washington, DC-MD-VA 

marginal ozone nonattainment area has 

attained the 2008 8-hour ozone national 

ambient air quality standard (NAAQS) 

by the applicable attainment date of July 

20, 2016. Therefore, EPA has met the 

requirement pursuant to Clean Air Act 

section 181(b)(2)(A) to determine, based 

on the area’s air quality as of the 

attainment date, whether the area 

attained the standard. EPA also 

determined that the Washington, DCMD-VA marginal nonattainment area 

will not be reclassified for failure to 

attain by its applicable attainment date 

pursuant to section 181(b)(2)(A). 

Subpart VV—Virginia 

■ 4. In § 52.2430, paragraph (c) is added 

to read as follows: 

§ 52.2430 Determinations of attainment. 

* * * * * 

(c) Based upon EPA’s review of the air 

quality data for the 3-year period 2013 

to 2015, the Washington, DC-MD-VA 

marginal ozone nonattainment area has 

attained the 2008 8-hour ozone national 

ambient air quality standard (NAAQS) 

by the applicable attainment date of July 

20, 2016. Therefore, EPA has met the 

requirement pursuant to Clean Air Act 

section 181(b)(2)(A) to determine, based 

on the area’s air quality as of the 

attainment date, whether the area 

attained the standard. EPA also 

determined that the Washington, DCMD-VA marginal nonattainment area 

will not be reclassified for failure to 

attain by its applicable attainment date 

pursuant to section 181(b)(2)(A). 

[FR Doc. 2017–24537 Filed 11–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

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 

garcia.ariel@epa.gov. 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 


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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-epadockets. 

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: garcia.ariel@epa.gov. 

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 


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1Rhode 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. 

2Rhode 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. 

3See Nonattainment Areas for Criteria Pollutants 

at www.epa.gov/green-book. 

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. 

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

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) qualitycontrolled 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. 

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 


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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 


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4Section 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.’’ 

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. 

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 EPArequired 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). 

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 dieselpowered 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 gasolinepowered 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. 

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 


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6A 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. 

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. 

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 


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7State of Rhode Island, Division of Motor 

Vehicles, Safety and Emissions program Web site: 

www.dmv.ri.gov/inspections. 

8National On-Board Diagnostics Clearinghouse 

Web site: www.obdclearinghouse.com. 

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 threeday 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. 

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

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 


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‘‘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: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 


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Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations 52663 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart OO—Rhode Island 

■ 2. In § 52.2070: 

■ 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’’. 

■ 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: 

§ 52.2070 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED RHODE ISLAND REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

Air Pollution Control 

Regulation 34.

Rhode Island Motor Vehicle Inspection/Maintenance Program.1/5/2009 11/14/2017, [insert 

Federal Register citation].

Department of Environmental Management regulation containing I/M standards. Approving 

all sections except Section 34.9.3 ‘‘Application’’ which was excluded from the SIP submittal. 

* * * * * * * 

Rhode Island Motor Vehicle Safety and Emissions Control Regulation No. 1.Rhode Island Motor Vehicle Inspection/Maintenance Program.1/28/2009 11/14/2017, [insert 

Federal Register citation].

Division of Motor Vehicles regulation for the 

light-duty vehicle I/M program. Approving all 

sections except Section 1.12.2 ‘‘Penalties’’ 

and Section 1.13 ‘‘Proceedings for Enforcement’’ which were excluded from the SIP 

submittal. 


jstallworth on DSKBBY8HB2PROD with RULES
52664 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations 

EPA-APPROVED RHODE ISLAND REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

* * * * * (e) * * * 

RHODE ISLAND NON REGULATORY

Name of non regulatory 

SIP provision 

Applicable geographic 

or nonattainment area 

State submittal 

date/effective 

date 

EPA approved date Explanations 

*******

I/M SIP Narrative ........... Statewide ..................... Submitted 2/ 

17/2017.

11/14/2017, [insert 

Federal Register citation].

Narrative describing how the Rhode Island I/M 

program meets the requirements in the federal I/M rule. 

[FR Doc. 2017–24541 Filed 11–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2017–0266; FRL–9970–64– 

Region 1] 

Air Plan Approval; NH; Approval of 

Recordkeeping and Reporting 

Requirements and Single Source Order 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of New 

Hampshire. The revisions establish 

recordkeeping and reporting obligations 

for sources of air pollution. 

Additionally, we are approving an order 

limiting emissions of volatile organic 

compounds from a facility in the State. 

This action is being taken in accordance 

with the Clean Air Act. 

DATES: This direct final rule is 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–2017–0266 at https://

www.regulations.gov, or via email to 

mcconnell.robert@epa.gov. 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 

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 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Bob 

McConnell, Environmental Engineer, 

Air Quality Planning Unit, Air Programs 

Branch (Mail Code OEP05–02), U.S. 

Environmental Protection Agency, 

Region 1, 5 Post Office Square, Suite 

100, Boston, Massachusetts 02109–3912; 

(617) 918–1046; mcconnell.robert@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

II. Description and Evaluation of State’s 

Submittals 

a. Env-A 900: Owner or Operator 

Recordkeeping and Reporting 

Obligations 

b. VOC Order for Sturm Ruger & Company 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

On February 10, 2017, NH DES 

submitted a single source order limiting 

emissions of volatile organic 

compounds (VOCs) from Sturm Ruger & 

Company as a SIP revision request. On 

May 11, 2017, NH DES submitted a state 

regulation identified as Env-A 900, 

Owner or Operator Recordkeeping and 

Reporting Obligations, as a SIP revision 

request. A description of these 

submittals and our evaluation of them 

appears below in Section II of this 

preamble. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

these rules or on the VOC Order, and if 

that provision may be severed from the 

remainder of the rule or Order, EPA may 

adopt as final those provisions of the 

rule or Order that are not the subject of 

an adverse comment. 

II. Description and Evaluation of State’s 

Submittals 

a. Env-A 900: Owner or Operator 

Recordkeeping and Reporting 

Obligations. 

On May 11, 2017, NH DES submitted 

a state regulation identified as Env-A 

900, Owner or Operator Recordkeeping 

and Reporting Obligations, as a SIP 

revision request. New Hampshire 

provided additional material supporting 

this request to EPA by letter dated 

September 14, 2017. EPA previously 

approved a prior version of Env-A 900 

within a direct final rule published on 

November 5, 2012. 77 FR 66388. Since 


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