[Federal Register Volume 71, Number 94 (Tuesday, May 16, 2006)]
[Proposed Rules]
[Page 28290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7409]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA 182-4196b; FRL-8170-7]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Withdrawal of Proposed Rule; Motor Vehicle Inspection and
Maintenance Program--Request for Delay in the Incorporation of On-Board
Diagnostics Testing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of proposed rule.
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SUMMARY: EPA is withdrawing a proposed rule published on June 6, 2002,
pertaining to Pennsylvania's timing in incorporating on-board
diagnostic (OBD) checks as an element of its motor vehicle inspection
and maintenance (I/M) program. EPA's I/M requirements rule, or I/M
rule, established deadlines by which states were to add OBD checks to
their I/M programs (i.e., no later than January 1, 2002). However,
EPA's I/M rule provided states the option to submit a request to EPA to
delay OBD testing for no more than one additional year. Pennsylvania
submitted a SIP revision requesting this optional one-year deadline
extension on December 14, 2001.
On June 6, 2002, EPA published a direct final rule (67 FR 38894) to
approve Pennsylvania's request to delay OBD testing as a revision to
the Pennsylvania State Implementation Plan (SIP). EPA received adverse
comments during the comment period established for that rule. On August
5, 2002 EPA published a withdrawal notice (67 FR 50602) of its June
2002 direct final rule. As stated in EPA's direct final rule, upon
EPA's withdrawal of the direct final rule, a proposed rulemaking action
remained in place. EPA never took final action upon that proposed rule.
Pennsylvania subsequently submitted two SIP revisions (on December
1, 2003 and January 30, 2004) that revised its I/M program in its
entirety--including the incorporation of OBD checks as an element of
its program. EPA published a final rule fully approving the
Commonwealth's revamped I/M program on October 6, 2005 (70 FR 58313).
Since EPA has fully approved the Commonwealth's I/M program
(including the OBD check component of the program), EPA's proposed rule
to grant the Commonwealth's request for an extension of the deadline to
incorporate OBD checks is no longer necessary. On November 17, 2005,
Pennsylvania formally requested withdrawal of its December 14, 2001 SIP
revision from EPA. Therefore, EPA is today withdrawing its proposed
rule (67 FR 38924) to grant the Commonwealth's OBD deadline extension.
DATES: The proposed rule is withdrawn as of May 16, 2006.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, Air Quality Planning
Branch, Mailcode 3AP21, 1650 Arch Street, Philadelphia, PA 19103. Phone
(215) 814-2176, or e-mail [email protected].
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements.
Dated: May 5, 2006.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E6-7409 Filed 5-15-06; 8:45 am]
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