[Federal Register Volume 72, Number 61 (Friday, March 30, 2007)]
[Rules and Regulations]
[Pages 15046-15049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5558]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2005-AZ-0009; FRL-8284-2]
Approval and Promulgation of Implementation Plans; Arizona; Motor
Vehicle Inspection and Maintenance Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving two revisions to the Arizona State
Implementation Plan submitted by the Arizona Department of
Environmental Quality. These revisions consist of: changes to Arizona's
Basic and Enhanced Vehicle Emissions Inspection Programs to exempt
collectible vehicles in the Phoenix metropolitan area, and collectible
vehicles and motorcycles in the Tucson metropolitan area, from
emissions testing requirements; an updated performance standard
evaluation for the vehicle emissions inspection program in the Phoenix
area; and new contingency measures. EPA is approving these two state
implementation plan revisions because they meet all applicable
requirements of the Clean Air Act and EPA's regulations and because the
exemptions will not interfere with attainment or maintenance of the
national ambient air quality standards in the two affected areas. EPA
is finalizing this action
[[Page 15047]]
under the Clean Air Act obligation to take action on State submittals
of revisions to state implementation plans. The intended effect is to
exempt these vehicle categories from the emissions testing requirements
of the State's vehicle emissions inspection programs as approved for
the Phoenix and Tucson areas but also to provide a mechanism to
reinstate the requirements in the event of a violation of the carbon
monoxide national ambient air quality standard in the Phoenix or Tucson
area.
DATES: Effective Date: This rule is effective on April 30, 2007.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at EPA
Region 9's Air Planning Office (AIR-2), 75 Hawthorne Street, San
Francisco, CA, 94105-3901. Due to increased security, we suggest that
you call at least 24 hours prior to visiting the Regional Office so
that we can make arrangements to have someone meet you.
Electronic Availability
This document and our proposed rule which was published in the
Federal Register on December 28, 2006 are also available as electronic
files on EPA's Region 9 webpage at http://www.epa.gov/region09/air/actions/az.html.
FOR FURTHER INFORMATION CONTACT: Wienke Tax, Office of Air Planning,
U.S. Environmental Protection Agency, Region 9, (520) 622-1622, e-mail:
[email protected], or refer to http://www.epa.gov/region09/air/actions/az.html.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we'',
``us'', and ``our'' refer to EPA.
Table of Contents
I. Background
II. Response to Comments
III. EPA's Final Action
IV. Statutory and Executive Order Reviews
I. Background
On December 28, 2006 (71 FR 78115), we proposed to approve, under
the Clean Air Act (CAA or ``Act''), two revisions submitted by the
Arizona Department of Environmental Quality (ADEQ) of the Arizona State
Implementation Plan (SIP). Both SIP revisions relate to Arizona's Basic
and Enhanced Vehicle Emissions Inspection/Maintenance (VEI) Programs
implemented in the Tucson and Phoenix areas, respectively.
ADEQ submitted the first VEI SIP revision on December 23, 2005
(``VEI SIP Revision''). The VEI SIP Revision submittal includes the SIP
revision itself, divided into a non-regulatory portion, ``Final Arizona
State Implementation Plan Revision, Basic and Enhanced Vehicle
Emissions Inspection/Maintenance Programs'' (December 2005), and a
regulatory portion, House Bill (HB) 2357, as well as supporting
materials related to legal authority, adoption, public process and
technical analysis.
HB 2357 amends Arizona Revised Statutes (ARS) Section 49-542 by
exempting vehicles that are at least 15 years old or are of a unique
and rare design and that carry collectible vehicle insurance that
restricts the mileage and/or use of the vehicle (``collectible
vehicles'') from emission testing in both Area A (i.e., the Phoenix
area) and Area B (i.e., the Tucson area). In addition, HB 2357 exempts
motorcycles in the Tucson area from emissions testing. Specifically,
the amendments to ARS 49-542 are found in paragraphs or subparagraphs
(J)(2)(k), (J)(2)(l), (Y), and (Z) of that section of code. The changes
to ARS Section 49-542 are self-implementing, which means that they
become effective upon EPA approval as a revision to the Arizona SIP.
Among the technical materials included in the VEI SIP Revision
submittal package is a report \1\ prepared by ADEQ that evaluates the
impacts of exempting three vehicle categories (vehicles 25 model years
old and older, motorcycles, and collectible vehicles) from the
emissions testing requirements on ambient air quality and on the
ability of Areas A and B (i.e., Phoenix and Tucson, respectively) to
maintain or attain the national ambient air quality standards (NAAQS).
The report concluded that the testing and repair of these vehicle
categories as a whole does provide a significant air quality benefit.
The analysis, however, also identified a subset of vehicle categories
(collectible vehicles in Phoenix and Tucson plus motorcycles in Tucson)
for which the emissions testing requirement does not provide a
significant air quality benefit and for which exemption would not
interfere with continued maintenance of the CO NAAQS or progress
towards the 8-hour ozone NAAQS. HB 2357 was a Legislative response to
the findings in this report.
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\1\ ``Report on Potential Exemptions from Vehicle Emissions
Testing for Motorcycles, Collectible Vehicles, and Vehicles 25 Model
Years Old and Older'' (December 2004).
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In consultation with EPA concerning the VEI SIP Revision, ADEQ
prepared an updated performance standard evaluation for the VEI program
in the Phoenix area to reflect the new exemption for collectible
vehicles, and developed new contingency measures that are intended to
provide for reinstatement of emissions testing for the newly exempt
vehicle categories in the event that a violation of the carbon monoxide
NAAQS were to be recorded in the Phoenix or Tucson area. On October 3,
2006, ADEQ adopted and submitted the updated performance standard
evaluation and new contingency measures in a second SIP revision,
entitled, ``Supplement to Final Arizona State Implementation Plan
Revision, Basic and Enhanced Vehicle Emissions Inspection/Maintenance
Programs, December 2005'' (September 2006) (``VEI SIP Supplement''). As
part of the submittal of the VEI SIP Supplement, ADEQ documented the
public participation process that was conducted by ADEQ prior to
adoption and submittal to EPA.
Our December 28, 2006 proposed rule provides our evaluation of
these two SIP submittals and our rationale for concluding that the
submittals meet all relevant CAA requirements including SIP revision
procedural requirements, vehicle inspection and maintenance program
requirements, requirements under CAA section 110(l) related to non-
interference with attainment and maintenance of the NAAQS, and
contingency provision requirements under CAA section 175A(d). Please
see our December 28, 2006 proposed rule for more information concerning
the SIP revision submittals, our evaluation of them, and our rationale
for proposing approval.
II. Response to Comments
Our December 28, 2006 proposed rule provided a 30-day public
comment period. We received comments from 40 commenters on our proposed
rule during the public comment period. Most were supportive of our
proposed action. We are responding to the five commenters who disagreed
with our action.
Comment. One commenter agrees with the proposal but states that
vehicles 25 years old or older should also be exempt.
Response. Arizona House Bill (HB) 2501, as amended by HB 2294,
required ADEQ to evaluate whether vehicles 25 years old and older in
combination with collectible vehicles or motorcycles could be exempt
from emissions testing. The report concluded that the testing and
repair of these vehicle categories as a whole does provide significant
air quality benefit. The analysis, however, also identified a subset of
vehicle categories (collectible vehicles in Phoenix and Tucson and
motorcycles in
[[Page 15048]]
Tucson) for which the emissions testing requirement does not provide a
significant air quality benefit and for which exemption would not
interfere with continued maintenance of the CO NAAQS or progress
towards the 8-hour ozone NAAQS. HB 2357 (i.e., the regulatory portion
of the VEI SIP Revision) was a Legislative response to the findings in
this report.
Comment. One commenter suggests various changes to the new
statutory exemption for collectible vehicles that would make the
exemption less restrictive and thereby allow a greater number of
collectors to fall within the exemption.
Response. In reviewing SIP submissions, EPA's role is to approve
state choices, provided that they meet minimum criteria set by the
Clean Air Act or any applicable EPA regulations. Any changes to Arizona
law expanding the exemption for collectible vehicles would need first
to be introduced as a new bill in the Arizona Legislature. If passed
and approved by the Governor, such a statutory change would then need
to be submitted by ADEQ to EPA for approval with documentation showing
continued compliance with all relevant CAA and EPA requirements
including a demonstration of non-interference with the ambient air
quality standards under section 110(l) of the CAA.
Comment. One commenter states that motorcycles should not be exempt
from the vehicle emissions inspection program in Tucson, unless EPA has
solid evidence that very few, if any, motorcycles pose a pollution
problem, or that the Tucson inspection program passes essentially all
motorcycles, so providing little environmental benefit.
Response. ADEQ's statistics about the VEI program indicate that
between 2003 and 2006, from 91.3 to 94.9 percent of motorcycles in the
Tucson area passed the vehicle emissions test on their initial pass on
an annual basis . These statistics provide further support for our
conclusion that exemption of motorcycles from emissions testing
requirements of the VEI program would not interfere with attainment or
maintenance of the NAAQS in the Tucson area.
Comment. The fourth commenter states that he opposes this type of
``reverse regulation'' (removing of grandfathering) of old, collectible
cars. He states that making people retrofit emissions equipment on
older vehicles is infeasible, costly, and that owners are unlikely to
comply.
Response. This commenter appears to have misunderstood EPA's
action. We are approving an exemption to Arizona's vehicle inspection
program for owners of collectible vehicles which meet certain
requirements, including collectible insurance which limits the use or
annual mileage of the collectible vehicle. We are not requiring
existing older vehicles to be retrofit with emissions control
technology.
Comment. The fifth commenter states that the law establishing the
new exemption for collectible vehicles is poorly crafted in that the
requirements of the law, as written by the Arizona legislature, are
both vague and do not have sufficient enforcement methods to insure
that the net result falls within the assumptions that were made by the
ADEQ to validate this exemption. Specifically, the commenter questions
the estimate of the number of collectible vehicles used by ADEQ in
estimating the emissions impact of the exemption and also questions the
methods that will be relied upon to limit the exemption only to
qualifying vehicles. Furthermore, the commenter requests additional
requirements in the law to limit the possible abuse of the exemption.
Response. As noted above, EPA's role in reviewing SIP submissions
is to approve state choices, provided that they meet minimum criteria
of the Clean Air Act and EPA's regulations. EPA is not responsible for
drafting changes to state laws. Nonetheless, this comment raises
questions about the validity of the assumptions underlying the
emissions impact analysis and the enforcement methods that will be
relied upon to limit the exemptions to qualifying vehicles.
ADEQ estimates that collectible vehicles represent 0.4% to 0.5% of
the total tested fleet of vehicles in the Tucson and Phoenix areas,
respectively. ADEQ developed these estimates on the basis of a survey
conducted by ADEQ in coordination with car clubs in Arizona and
information received from two of the four major insurance companies
specializing in selling collectible car insurance in Arizona, taking
into account the number of such vehicles that are already exempt (i.e.,
pre-1967 model year vehicles) from emission testing requirements. See
appendix 2b (``Technical Support Document, Evaluating Emissions Impacts
of Exempting Collectible Vehicles from Vehicle Emissions Inspections'')
of Appendix B (``Report on Potential Exemptions from Vehicle Emissions
Testing for Motorcycles, Collectible Vehicles and Vehicles 25 Model
Years Old and Older'') of the VEI SIP revision. We believe that ADEQ's
methods provide a reasonable basis for estimating the number of
vehicles that would be newly exempt as ``collectible vehicles'' under
HB 2357 and the corresponding emissions impact from exemption of those
vehicles from VEI emissions testing requirements.
We also continue to believe that the compliance enforcement
methods, including the collectible vehicle insurance and registration
procedures, that will be relied upon to limit the exemption to
qualifying vehicles are reasonably calculated to do so. See pages 4-5
and appendix C (``Collectible Vehicle Insurance and Registration
Procedures'') of the VEI SIP Revision and our discussion of the
compliance enforcement issue in our proposed rule at 71 FR at 78118.
III. EPA's Final Action
No comments were submitted that change our assessment of the VEI
SIP revisions as set forth in our proposed rule. Therefore, pursuant to
section 110(k)(3) of the CAA and for the reasons set forth in the
proposed rule, EPA is approving the revisions to the Arizona SIP
submitted by the State of Arizona on December 23, 2005 and October 3,
2006 concerning the Arizona VEI programs implemented in the Phoenix and
Tucson areas because we find that the revisions are consistent with the
requirements of the CAA and EPA's regulations.
Specifically, we are approving exemptions from emissions testing
requirements for collectible vehicles in the Phoenix area and
collectible vehicles and motorcycles in the Tucson area as set forth in
the ``Arizona State Implementation Plan Revision, Basic and Enhanced
Vehicle Emissions Inspection/Maintenance Programs'' (December 2005) and
ARS Section 49-542 as amended in section 1 of Arizona House Bill 2357,
47th Legislature, 1st Regular Session (2005) and approved by the
Governor on April 13, 2005; and the updated performance standard
evaluation for the Phoenix area and new contingency measures as set
forth in the ``Supplement to Final Arizona State Implementation Plan
Revision, Basic and Enhanced Vehicle Emissions Inspection/Maintenance
Programs, December 2005'' (September 2006).
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply,
[[Page 15049]]
Distribution, or Use'' (66 FR 28355 (May 22, 2001)). This action merely
approves changes to state law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves changes to state law and does not impose any
additional enforceable duty beyond that required by state law, it 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).
This rule also does not have a substantial direct effect on one or
more Indian tribes, on the relationship between the Federal Government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified by
Executive Order 13175 (59 FR 22951, November 9, 2000), nor will it have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely approves changes to state law implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health and Safety Risks'' (62 FR 19885, April 23,
1997), because it finalizes approval of a state rule implementing a
Federal Standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. section 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
rule 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.
section 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 May 29, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 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, Nitrogen
oxides, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: March 20, 2007.
Wayne Nastri,
Regional Administrator, Region 9.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations are
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart D--Arizona
0
2. Section 52.120 is amended by adding paragraphs (c)(133) and (c)(134)
to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(133) The following statute and plan were submitted on December 23,
2005 by the Governor's designee.
(i) Incorporation by reference.
(A) Arizona Revised Statutes.
(1) Section 49-542 as amended in section 1 of the Arizona House
Bill 2357, 47th Legislature, 1st Regular Session (2005) and approved by
the Governor on April 13, 2005.
(ii) Additional material.
(A) Arizona Department of Environmental Quality.
(1) Final Arizona State Implementation Plan Revision, Basic and
Enhanced Vehicle Emissions Inspection/Maintenance Programs (December
2005), adopted by the Arizona Department of Environmental Quality on
December 23, 2005, excluding appendices.
(134) The following plan was submitted on October 3, 2006 by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) September 2006 Supplement to Final Arizona State Implementation
Plan Revision, Basic and Enhanced Vehicle Emissions Inspection/
Maintenance Programs, December 2005, adopted by the Arizona Department
of Environmental Quality on October 3, 2006, excluding appendices.
[FR Doc. E7-5558 Filed 3-29-07; 8:45 am]
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