82_FR_52873 82 FR 52655 - Air Plan Approval; Rhode Island; Enhanced Motor Vehicle Inspection and Maintenance Program

82 FR 52655 - Air Plan Approval; Rhode Island; Enhanced Motor Vehicle Inspection and Maintenance Program

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 218 (November 14, 2017)

Page Range52655-52664
FR Document2017-24541

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).

Federal Register, Volume 82 Issue 218 (Tuesday, November 14, 2017)
[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Rules and Regulations]
[Pages 52655-52664]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24541]


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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.

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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 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the Web, cloud, or

[[Page 52656]]

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

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA Region 1 Regional 
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, 
MA 02109-3912, telephone number: (617) 918-1660, email: 
[email protected].

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

Table of Contents

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

I. Background and Purpose

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

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

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

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

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

[[Page 52657]]

been evaluated, also interchangeably appears as ``Complete'' on some 
vehicles), ``Not Ready'' (meaning the monitor has not yet been 
evaluated, also interchangeably appears as ``Not Complete'' on some 
vehicles), or ``Unsupported'' (meaning the vehicle is not equipped with 
the component monitor in question and the monitor is not applicable). 
The monitors that are available in a certain vehicle's emission control 
design are referred to as being ``Supported,'' and only supported 
monitors need to be evaluated by the vehicle's computer to ultimately 
receive a ``Ready'' or ``Not Ready'' designation.
    The OBD2 system is also designed to fully evaluate the vehicle's 
emissions control system. If the OBD2 system detects a problem that may 
cause vehicle emissions to exceed 1.5 times the Federal Test Procedure 
(FTP) standards, then the Malfunction Indicator Light (MIL) is 
illuminated. By turning on the MIL, the OBD2 system notifies the 
vehicle operator that an emissions-related fault has been detected and 
the vehicle should be repaired as soon as possible, thus reducing the 
harmful emissions contributed by the vehicle.
    EPA's revised OBD2 I/M rule applies to those areas that are 
required to implement I/M programs under the CAA, which includes Rhode 
Island. The revised I/M program submitted by Rhode Island on January 
28, 2009, and supplemented on February 17, 2017, includes OBD2 testing 
for model year 1996 and newer vehicles, and continues to require that 
1995 and older vehicles (up to 25 years old) continue to receive a 
tailpipe emissions test using a dynamometer to meet the previously SIP-
approved exhaust emissions standards,\1\ or a two-speed idle test for 
vehicles with drive configurations that prevents a dynamometer test. 
Rhode Island's motor vehicle I/M program conducts OBD2 tests on 
gasoline and diesel powered light-duty vehicles; light-duty vehicles 
being those vehicles with a gross vehicle weight rating (GVWR) of up to 
and including 8,500 pounds.
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    \1\ Rhode Island's previous I/M SIP submittal was approved on 
February 9, 2001 (66 FR 9661). Although Rhode Island only requires 
compliance with the emissions testing program of vehicles up to 25 
model years old, Rhode Island does conduct an advisory-only 
emissions test on all vehicles regardless of age, in conjunction 
with the safety inspection conducted on those older vehicles.
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    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\
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    \2\ Rhode Island's Air Pollution Control Regulation No. 34, at 
subsection 34.5, directly cites, and therefore incorporates by 
reference, the federal regulation at 40 CFR 85.2222. For purposes of 
the federal SIP, EPA interprets Rhode Island's regulation as 
incorporating by reference the version of 40 CFR 85.2222 as amended 
on April 5, 2001 (66 FR 18156), rather than prospectively 
incorporating any future changes to 40 CFR 85.2222.
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    EPA believes that for an OBD2-I/M test program to be most 
effective, it should be designed to allow for: (1) Real-time data link 
connections to a centralized testing database; (2) quality-controlled 
input of vehicles and owner identification information; and (3) 
automated generation of test reports. Rhode Island has incorporated 
these OBD2 program elements into the State's I/M program.

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

A. Applicability

    As previously stated above, Section 182 of the CAA requires I/M 
programs in those areas of the nation that are most impacted by carbon 
monoxide and ozone pollution. Rhode Island has had varying 
nonattainment designations and classifications for the ozone NAAQS.\3\ 
Nonetheless, Section 184 of the CAA requires areas in the OTR (such as 
Rhode Island), to implement enhanced vehicle I/M programs.
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    \3\ See Nonattainment Areas for Criteria Pollutants at 
www.epa.gov/green-book.
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    The SIP describes in detail the areas subject to the enhanced I/M 
program and, consistent with 40 CFR 51.372, includes the legal 
authority necessary to establish program boundaries. The Rhode Island 
I/M regulations (RI DEM's APCR No. 34 ``Rhode Island Motor Vehicle 
Inspection/Maintenance Program,'' and RI DMV's ``Rhode Island Motor 
Vehicle Safety and Emissions Control Regulation No. 1'') and 
authorizing legislation (Rhode Island General Laws at Title 31, Chapter 
31-47.1) ensure that the enhanced I/M program be implemented statewide.

B. Enhanced I/M Performance Standard

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

[[Page 52658]]

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

C. Network Type and Program Evaluation

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

D. Adequate Tools and Resources

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

E. Test Frequency and Convenience

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

F. Vehicle Coverage

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

[[Page 52659]]

types, as required by the federal I/M rule for enhanced programs. Rhode 
Island requires biennial testing of vehicles, which are less than 25 
years old, except any new motor vehicle until twenty-four months after 
its date of initial purchase or 24,000 miles, whichever occurs first. 
In addition, Rhode Island's enhanced I/M program covers any motor 
vehicle fleets, including all federal, state, and municipal fleets; as 
well as any motor vehicle operating on the highways of Rhode Island 
with a dealer registration, loan agreement, or being operated as a 
demonstration vehicle.
    Rhode Island exempts special classes of vehicles from the emissions 
testing program being approved in today's Direct Final Rulemaking, 
including: Vehicles older than 25 model years old; \4\ new vehicles 
until 24 months after its date of initial purchase or until such new 
vehicle has been driven for 24,000 miles, whichever occurs first; 
tactical military vehicles; electric vehicles; competition and off-road 
vehicles used solely for off-highway activities; motorized wheelchairs; 
motorcycles; farm tractors; and special mobile equipment. Rhode 
Island's I/M program also provides a temporary exemption from the 
emissions testing requirement for vehicles that may be temporarily out 
of State, but the operator of such a vehicle must obtain an emissions 
inspection within five days of returning to the State. In addition, 
vehicles owned or controlled by a dealer are granted a temporary 
exemption for the first five days after the vehicle is owned or 
controlled by the dealer. Based on information provided in the SIP 
submittal, Rhode Island has shown that such exemptions will not prevent 
the program from achieving the EPA-required performance standard. 
Additional detail supporting this conclusion was included in section 6 
of the SIP narrative. Legal authority for the vehicle coverage 
requirements are contained in the Rhode Island I/M regulations (RI 
DEM's APCR No. 34 ``Rhode Island Motor Vehicle Inspection/Maintenance 
Program,'' and RI DMV's ``Rhode Island Motor Vehicle Safety and 
Emissions Control Regulation No. 1''), and the authorizing legislation 
(Rhode Island General Laws at Title 31, Chapter 31-47.1).
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    \4\ Section 1.3.1 of the Rhode Island DMV's ``Rhode Island Motor 
Vehicle Safety and Emissions Control Regulation No. 1'' states that 
Rhode Island exempts ``any model year vehicle 25 years old or older 
from the requirement to obtain repairs in order to comply, but such 
vehicles must undergo an emissions inspection.''
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G. Test Procedures and Standards

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

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

I. Quality Control

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

J. Waivers and Compliance via Diagnostic Inspection

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

[[Page 52660]]

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

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

K. Motorist Compliance Enforcement

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

L. Motorist Compliance Enforcement Program Oversight

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

M. Quality Assurance

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

N. Enforcement Against Contractors, Stations, and Inspectors

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

[[Page 52661]]

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

O. Data Collection, Analysis, and Reporting

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

P. Inspector Training and Licensing or Certification

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

Q. Public Information and Consumer Protection

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

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

R. Improving Repair Effectiveness

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

S. Compliance With Recall Notices

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

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

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

[[Page 52662]]

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

T. On-Road Testing

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

U. Concluding Statement

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

V. Final Action

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

VI. Incorporation by Reference

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

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under

[[Page 52663]]

Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 
3821, January 21, 2011);
     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

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

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

Subpart OO--Rhode Island

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


Sec.  52.2070  Identification of plan.

* * * * *
    (c) * * *

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

[[Page 52664]]

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

* * * * *
    (e) * * *

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

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



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

                                                the U.S. House of Representatives, and                  MD-VA marginal nonattainment area                     ENVIRONMENTAL PROTECTION
                                                the Comptroller General of the United                   will not be reclassified for failure to               AGENCY
                                                States prior to publication of the rule in              attain by its applicable attainment date
                                                the Federal Register. A major rule                      pursuant to section 181(b)(2)(A).                     40 CFR Part 52
                                                cannot take effect until 60 days after it                                                                     [EPA–R01–OAR–2009–0436; FRL–9970–66–
                                                is published in the Federal Register.                   Subpart V—Maryland                                    Region 1]
                                                This action is not a ‘‘major rule’’ as
                                                defined by 5 U.S.C. 804(2).                             ■ 3. In § 52.1082, paragraph (k) is added             Air Plan Approval; Rhode Island;
                                                                                                        to read as follows:                                   Enhanced Motor Vehicle Inspection
                                                C. Petitions for Judicial Review
                                                                                                                                                              and Maintenance Program
                                                   Under section 307(b)(1) of the CAA,                  § 52.1082    Determinations of attainment.
                                                petitions for judicial review of this                                                                         AGENCY: Environmental Protection
                                                                                                        *      *    *     *     *                             Agency.
                                                action must be filed in the United States
                                                Court of Appeals for the appropriate                       (k) Based upon EPA’s review of the air             ACTION: Direct final rule.
                                                circuit by January 16, 2018. Filing a                   quality data for the 3-year period 2013
                                                                                                        to 2015, the Washington, DC-MD-VA                     SUMMARY:   The Environmental Protection
                                                petition for reconsideration by the                                                                           Agency (EPA) is approving State
                                                Administrator of this final rule does not               marginal ozone nonattainment area has
                                                                                                        attained the 2008 8-hour ozone national               Implementation Plan (SIP) revisions
                                                affect the finality of this action for the                                                                    submitted by the State of Rhode Island.
                                                purposes of judicial review nor does it                 ambient air quality standard (NAAQS)
                                                                                                                                                              These revisions include regulations to
                                                extend the time within which a petition                 by the applicable attainment date of July
                                                                                                                                                              update the enhanced motor vehicle
                                                for judicial review may be filed, and                   20, 2016. Therefore, EPA has met the                  inspection and maintenance (I/M)
                                                shall not postpone the effectiveness of                 requirement pursuant to Clean Air Act                 program in Rhode Island. The revised
                                                such rule or action.                                    section 181(b)(2)(A) to determine, based              program includes a test and repair
                                                   This action determining that the                     on the area’s air quality as of the                   network consisting of on-board
                                                Washington Area attained the 2008                       attainment date, whether the area                     diagnostic (OBD2) testing for model year
                                                ozone NAAQS by its July 20, 2016                        attained the standard. EPA also                       1996 and newer vehicles and tailpipe
                                                attainment date may not be challenged                   determined that the Washington, DC-                   exhaust test, using a dynamometer, for
                                                later in proceedings to enforce its                     MD-VA marginal nonattainment area                     model year 1995 and older vehicles. The
                                                requirements. (See section 307(b)(2).)                  will not be reclassified for failure to               intended effect of this action is to
                                                List of Subjects in 40 CFR Part 52                      attain by its applicable attainment date              approve the revised program into the
                                                  Environmental protection, Air                         pursuant to section 181(b)(2)(A).                     Rhode Island SIP. This action is being
                                                pollution control, Incorporation by                                                                           taken in accordance with the Clean Air
                                                reference, Ozone, Reporting and
                                                                                                        Subpart VV—Virginia                                   Act (CAA).
                                                recordkeeping requirements.                                                                                   DATES: This direct final rule will be
                                                                                                        ■ 4. In § 52.2430, paragraph (c) is added             effective January 16, 2018, unless EPA
                                                  Dated: October 27, 2017.                                                                                    receives adverse comments by
                                                                                                        to read as follows:
                                                Cosmo Servidio,                                                                                               December 14, 2017. If adverse
                                                Regional Administrator, Region III.                     § 52.2430    Determinations of attainment.            comments are received, EPA will
                                                    40 CFR part 52 is amended as follows:               *      *    *     *     *                             publish a timely withdrawal of the
                                                                                                           (c) Based upon EPA’s review of the air             direct final rule in the Federal Register
                                                PART 52—APPROVAL AND                                                                                          informing the public that the rule will
                                                                                                        quality data for the 3-year period 2013
                                                PROMULGATION OF                                                                                               not take effect.
                                                                                                        to 2015, the Washington, DC-MD-VA
                                                IMPLEMENTATION PLANS                                                                                          ADDRESSES: Submit your comments,
                                                                                                        marginal ozone nonattainment area has
                                                                                                        attained the 2008 8-hour ozone national               identified by Docket ID No. EPA–R01–
                                                ■ 1. The authority citation for part 52
                                                                                                        ambient air quality standard (NAAQS)                  OAR–2009–0436 at
                                                continues to read as follows:
                                                                                                                                                              www.regulations.gov, or via email to
                                                    Authority: 42 U.S.C. 7401 et seq.                   by the applicable attainment date of July
                                                                                                                                                              garcia.ariel@epa.gov. For comments
                                                                                                        20, 2016. Therefore, EPA has met the
                                                                                                                                                              submitted at Regulations.gov, follow the
                                                Subpart J—District of Columbia                          requirement pursuant to Clean Air Act                 online instructions for submitting
                                                                                                        section 181(b)(2)(A) to determine, based              comments. Once submitted, comments
                                                ■ 2. In § 52.475, paragraph (c) is added                on the area’s air quality as of the
                                                to read as follows:                                                                                           cannot be edited or removed from
                                                                                                        attainment date, whether the area                     Regulations.gov. For either manner of
                                                § 52.475    Determinations of attainment.               attained the standard. EPA also                       submission, the EPA may publish any
                                                *      *    *     *     *                               determined that the Washington, DC-                   comment received to its public docket.
                                                   (c) Based upon EPA’s review of the air               MD-VA marginal nonattainment area                     Do not submit electronically any
                                                quality data for the 3-year period 2013                 will not be reclassified for failure to               information you consider to be
                                                to 2015, the Washington, DC-MD-VA                       attain by its applicable attainment date              Confidential Business Information (CBI)
                                                marginal ozone nonattainment area has                   pursuant to section 181(b)(2)(A).                     or other information whose disclosure is
                                                attained the 2008 8-hour ozone national                 [FR Doc. 2017–24537 Filed 11–13–17; 8:45 am]          restricted by statute. Multimedia
                                                ambient air quality standard (NAAQS)                    BILLING CODE 6560–50–P
                                                                                                                                                              submissions (audio, video, etc.) must be
                                                by the applicable attainment date of July                                                                     accompanied by a written comment.
jstallworth on DSKBBY8HB2PROD with RULES




                                                20, 2016. Therefore, EPA has met the                                                                          The written comment is considered the
                                                requirement pursuant to Clean Air Act                                                                         official comment and should include
                                                section 181(b)(2)(A) to determine, based                                                                      discussion of all points you wish to
                                                on the area’s air quality as of the                                                                           make. The EPA will generally not
                                                attainment date, whether the area                                                                             consider comments or comment
                                                attained the standard. EPA also                                                                               contents located outside of the primary
                                                determined that the Washington, DC-                                                                           submission (i.e., on the Web, cloud, or


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                                                52656            Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations

                                                other file sharing system). For                         Island. Rhode Island submitted a                      ozone NAAQS (see 40 CFR 81.340 for
                                                additional submission methods, please                   supplement to this 2009 SIP revision on               Rhode Island), and by virtue of its
                                                contact the person identified in the FOR                February 17, 2017; this supplement                    inclusion in the OTR, Rhode Island has
                                                FURTHER INFORMATION CONTACT section.                    included the emissions modeling and I/                implemented an enhanced vehicle
                                                For the full EPA public comment policy,                 M SIP narrative required by EPA’s I/M                 emissions testing program throughout
                                                information about CBI or multimedia                     regulations. EPA is approving Rhode                   the entire State. Rhode Island began
                                                submissions, and general guidance on                    Island’s revised I/M program because it               implementing an I/M program in
                                                making effective comments, please visit                 is consistent with the CAA’s I/M                      January 2000. The Rhode Island I/M
                                                www.epa.gov/dockets/commenting-epa-                     requirements and EPA’s I/M regulations,               program was first approved into the SIP
                                                dockets.                                                and will strengthen the SIP.                          on February 9, 2001(66 FR 9661), and
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        Specifically, the SIP revisions include               Rhode Island’s SIP submittal included
                                                Ariel Garcia, Air Quality Planning Unit,                amendments to the Rhode Island                        all of the elements required of an I/M
                                                U.S. Environmental Protection Agency,                   Department of Environmental                           program as specified in 40 CFR part 51,
                                                                                                        Management’s (DEM’s) Air Pollution                    subpart S. Since that time, the program
                                                EPA Region 1 Regional Office, 5 Post
                                                                                                        Control Regulation (APCR) No. 34,                     has been modified in a number of ways.
                                                Office Square, Suite 100 (mail code:
                                                                                                        ‘‘Rhode Island Motor Vehicle                          Most notably it has been changed to a
                                                OEP05–2), Boston, MA 02109–3912,
                                                                                                        Inspection/Maintenance Program,’’ and                 test and repair network, and now also
                                                telephone number: (617) 918–1660,
                                                                                                        the Rhode Island Division of Motor                    includes on-board diagnostic (OBD2)
                                                email: garcia.ariel@epa.gov.
                                                                                                        Vehicles’ (DMV’s) regulation ‘‘Rhode                  testing of model year 1996 and newer
                                                SUPPLEMENTARY INFORMATION:                              Island Motor Vehicle Safety and                       vehicles.
                                                Throughout this document whenever                       Emissions Control Regulation No. 1,’’
                                                ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean                                                                   III. What are the OBD2 requirements
                                                                                                        and other administrative and technical
                                                EPA.                                                                                                          and how does Rhode Island’s program
                                                                                                        documentation required in a SIP
                                                                                                                                                              address these requirements?
                                                Table of Contents                                       submittal to address the requirements
                                                                                                        for the implementation of the motor                      On April 5, 2001 (66 FR 18156), EPA
                                                I. Background and Purpose                                                                                     published in the Federal Register
                                                                                                        vehicle I/M program in Rhode Island.
                                                II. What are the Clean Air Act requirements                                                                   ‘‘Amendments to Vehicle Inspection
                                                      for I/M programs?                                 Please note that if EPA receives adverse
                                                III. What are the OBD2 requirements and how             comment on an amendment, paragraph,                   and Maintenance Program Requirements
                                                      does Rhode Island’s program address               or section of this rule and if that                   Incorporating the On-Board Diagnostics
                                                      these requirements?                               provision may be severed from the                     Check.’’ EPA’s revised I/M rule requires
                                                IV. What are all the other I/M regulatory               remainder of the rule, EPA may adopt                  that electronic checks of the On-Board
                                                      requirements and how does Rhode                   as final those provisions of the rule that            Diagnostics (OBD2) system on model
                                                      Island’s I/M program satisfy these                are not the subject of an adverse                     year 1996 and newer OBD2-equipped
                                                      requirements?                                     comment.                                              motor vehicles be conducted as part of
                                                   A. Applicability                                                                                           states’ motor vehicle I/M programs.
                                                   B. Enhanced I/M Performance Standard                 II. What are the Clean Air Act                        OBD2 is part of the sophisticated
                                                   C. Network Type and Program Evaluation               requirements for I/M programs?
                                                   D. Adequate Tools and Resources
                                                                                                                                                              vehicle powertrain management system
                                                   E. Test Frequency and Convenience                       The CAA, 42 U.S.C. 7401 et seq.,                   and is designed to detect engine and
                                                   F. Vehicle Coverage                                  requires certain states to implement an               transmission problems that might cause
                                                   G. Test Procedure and Standards                      enhanced I/M program to detect                        vehicle emissions to exceed allowable
                                                   H. Test Equipment                                    gasoline-fueled motor vehicles which                  limits. OBD2 requirements are a key
                                                   I. Quality Control                                   emit excessive amounts of certain air                 part of this rulemaking action.
                                                   J. Waivers and Compliance via Diagnostic             pollutants. The enhanced I/M program                     The OBD2 system monitors the status
                                                      Inspection                                        is intended to help states meet federal               of up to 11 emission control related
                                                   K. Motorist Compliance Enforcement                   health-based national ambient air                     subsystems by performing either
                                                   L. Motorist Compliance Enforcement                                                                         continuous or periodic functional tests
                                                                                                        quality standards (NAAQS) for ozone
                                                      Program Oversight
                                                                                                        and carbon monoxide by requiring                      of specific components and vehicle
                                                   M. Quality Assurance
                                                   N. Enforcement Against Contractors,                  vehicles with excess emissions to have                conditions. The first three testing
                                                      Stations, and Inspectors                          their emissions control systems                       categories: Misfire; fuel trim; and
                                                   O. Data Collection, Analysis, and Reporting          repaired. Section 182 of the CAA                      comprehensive components, are
                                                   P. Inspector Training and Licensing or               requires I/M programs in those areas of               continuous, while the remaining eight
                                                      Certification                                     the nation that are most impacted by                  only run after a certain set of conditions
                                                   Q. Public Information and Consumer                   carbon monoxide and ozone pollution.                  has been met. The algorithms for
                                                      Protection                                        Section 184 of the CAA also created an                running these eight periodic monitors
                                                   R. Improving Repair Effectiveness                    ‘‘Ozone Transport Region’’ (OTR), and                 are unique to each manufacturer and
                                                   S. Compliance With Recall Notices                                                                          involve such things as ambient
                                                                                                        includes I/M requirements for that
                                                   T. On-Road Testing
                                                                                                        region. The OTR geographically extends                temperature as well as driving
                                                   U. Concluding Statement
                                                V. Final Action                                         from northern Virginia to Maine,                      conditions. Most vehicles will have at
                                                VI. Incorporation by Reference                          including the entire state of Rhode                   least five of the eight remaining
                                                VII. Statutory and Executive Order Reviews              Island. In addition, EPA promulgated I/               monitors (catalyst, evaporative system,
                                                                                                        M regulations at 40 CFR part 51, subpart              oxygen sensor, heated oxygen sensor,
                                                I. Background and Purpose                               S. Depending on the severity of an area’s             and exhaust gas recirculation or EGR
jstallworth on DSKBBY8HB2PROD with RULES




                                                   On January 28, 2009, the State of                    nonattainment classification and/or                   system) while the remaining three (air
                                                Rhode Island submitted a formal                         geographic location within the OTR,                   conditioning, secondary air, and heated
                                                revision to its State Implementation                    EPA’s regulation under 40 CFR 51.350                  catalyst) are not necessarily applicable
                                                Plan (SIP). This SIP revision included                  outlines the appropriate motor vehicle I/             to all vehicles. When a vehicle is
                                                regulations to update the enhanced                      M requirements.                                       scanned at an OBD2–I/M test site, these
                                                motor vehicle inspection and                               As a result of having areas designated             monitors can appear as either ‘‘Ready’’
                                                maintenance (I/M) program in Rhode                      nonattainment for the 1997 8-hour                     (meaning the monitor in question has


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                                                                 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations                                                 52657

                                                been evaluated, also interchangeably                    dashboard display function and status;                   EPA believes that for an OBD2–I/M
                                                appears as ‘‘Complete’’ on some                         and an electronic examination of the                   test program to be most effective, it
                                                vehicles), ‘‘Not Ready’’ (meaning the                   OBD2 computer itself. The failure                      should be designed to allow for: (1)
                                                monitor has not yet been evaluated, also                criteria for OBD2 testing is any                       Real-time data link connections to a
                                                interchangeably appears as ‘‘Not                        Diagnostic Trouble Code (DTC) or                       centralized testing database; (2) quality-
                                                Complete’’ on some vehicles), or                        combination of DTCs that result in the                 controlled input of vehicles and owner
                                                ‘‘Unsupported’’ (meaning the vehicle is                 MIL to be commanded on. A DTC is a                     identification information; and (3)
                                                not equipped with the component                         code that indicates a malfunction in an                automated generation of test reports.
                                                monitor in question and the monitor is                  emission control system or component                   Rhode Island has incorporated these
                                                not applicable). The monitors that are                  which may cause emissions to increase                  OBD2 program elements into the State’s
                                                available in a certain vehicle’s emission               to 1.5 times the limit due to the                      I/M program.
                                                control design are referred to as being                 malfunction. Rhode Island has                          IV. What are all the other I/M
                                                ‘‘Supported,’’ and only supported                       incorporated these OBD2 program                        regulatory requirements and how does
                                                monitors need to be evaluated by the                    elements into its program.                             Rhode Island’s I/M program satisfy
                                                vehicle’s computer to ultimately receive
                                                                                                           If the OBD2 scan reveals DTCs that                  these requirements?
                                                a ‘‘Ready’’ or ‘‘Not Ready’’ designation.
                                                   The OBD2 system is also designed to                  have not commanded the MIL on, the
                                                                                                                                                               A. Applicability
                                                fully evaluate the vehicle’s emissions                  motorist should be advised of the issue,
                                                                                                        but the vehicle should not be failed                     As previously stated above, Section
                                                control system. If the OBD2 system                                                                             182 of the CAA requires I/M programs
                                                detects a problem that may cause                        unless other non-DTC based failure
                                                                                                        criteria have been met. Vehicles may fail              in those areas of the nation that are most
                                                vehicle emissions to exceed 1.5 times                                                                          impacted by carbon monoxide and
                                                the Federal Test Procedure (FTP)                        an inspection if the vehicle connector is
                                                                                                        missing, tampered with or otherwise                    ozone pollution. Rhode Island has had
                                                standards, then the Malfunction                                                                                varying nonattainment designations and
                                                Indicator Light (MIL) is illuminated. By                inoperable, if the MIL is commanded
                                                                                                        and is not visually illuminated, and if                classifications for the ozone NAAQS.3
                                                turning on the MIL, the OBD2 system                                                                            Nonetheless, Section 184 of the CAA
                                                notifies the vehicle operator that an                   the MIL is commanded on for one or
                                                                                                        more DTCs as defined in the Society of                 requires areas in the OTR (such as
                                                emissions-related fault has been                                                                               Rhode Island), to implement enhanced
                                                detected and the vehicle should be                      Automotive Engineering (SAE) J2012
                                                                                                        guidance document, and EPA                             vehicle I/M programs.
                                                repaired as soon as possible, thus                                                                               The SIP describes in detail the areas
                                                reducing the harmful emissions                          regulations.
                                                                                                                                                               subject to the enhanced I/M program
                                                contributed by the vehicle.                                Vehicles are rejected from testing if               and, consistent with 40 CFR 51.372,
                                                   EPA’s revised OBD2 I/M rule applies                  the scan of the OBD2 system reveals a                  includes the legal authority necessary to
                                                to those areas that are required to                     ‘‘Not Ready’’ code for any OBD2                        establish program boundaries. The
                                                implement I/M programs under the                        component. EPA’s Final                                 Rhode Island I/M regulations (RI DEM’s
                                                CAA, which includes Rhode Island. The                   Implementation Guidance (‘‘Performing                  APCR No. 34 ‘‘Rhode Island Motor
                                                revised I/M program submitted by                        Onboard Diagnostic System Checks as                    Vehicle Inspection/Maintenance
                                                Rhode Island on January 28, 2009, and                   part of a Vehicle Inspection and                       Program,’’ and RI DMV’s ‘‘Rhode Island
                                                supplemented on February 17, 2017,                      Maintenance Program,’’ EPA 420–R–01–                   Motor Vehicle Safety and Emissions
                                                includes OBD2 testing for model year                    015, June 2001) allows states the                      Control Regulation No. 1’’) and
                                                1996 and newer vehicles, and continues                  flexibility to permit model year 1996 to               authorizing legislation (Rhode Island
                                                to require that 1995 and older vehicles                 2000 vehicles with two or fewer unset                  General Laws at Title 31, Chapter 31–
                                                (up to 25 years old) continue to receive                readiness codes, and model year 2001                   47.1) ensure that the enhanced I/M
                                                a tailpipe emissions test using a                       and newer vehicles with one unset                      program be implemented statewide.
                                                dynamometer to meet the previously                      readiness code to complete an OBD2–I/
                                                SIP-approved exhaust emissions                          M inspection without being rejected.                   B. Enhanced I/M Performance Standard
                                                standards,1 or a two-speed idle test for                Vehicles would still fail if the MIL was                  Today’s rulemaking discusses the I/M
                                                vehicles with drive configurations that                 commanded on or if other failure                       program designed, in part, to meet the
                                                prevents a dynamometer test. Rhode                      criteria were met, or be rejected from                 enhanced I/M performance standard for
                                                Island’s motor vehicle I/M program                      inspection if three or more unset                      ozone precursors in Rhode Island. EPA’s
                                                conducts OBD2 tests on gasoline and                     readiness codes were encountered. If the               performance standard establishes an
                                                diesel powered light-duty vehicles;                     MIL is not commanded to be                             emission reduction target that must be
                                                light-duty vehicles being those vehicles                illuminated the vehicle would pass the                 met by an I/M program in order for the
                                                with a gross vehicle weight rating                      OBD2 inspection even if DTCs are                       SIP to be approvable. The program, as
                                                (GVWR) of up to and including 8,500                     present. Rhode Island’s testing program                documented in the SIP, must meet the
                                                pounds.                                                 is consistent with the EPA                             performance standard in actual
                                                   EPA’s OBD2 program requires scan                     recommended readiness failure criteria.                operation, with provisions for
                                                tool equipment to read the vehicle’s                    Rhode Island DEM’s APCR No. 34                         appropriate adjustments if the standard
                                                built-in computer sensors in model year                 requires that the program meet the                     is not met.
                                                1996 and newer vehicles. The OBD2–I/                    OBD2 testing requirements and                             The emissions modeling conducted as
                                                M check consists of two types of                        procedures set forth in 40 CFR 85.2222.2               part of the performance standard
                                                examination: A visual check of the                                                                             evaluation in the I/M SIP submittal
                                                                                                                                                               illustrates that the revised Rhode Island
jstallworth on DSKBBY8HB2PROD with RULES




                                                                                                          2 Rhode Island’s Air Pollution Control Regulation
                                                  1 Rhode  Island’s previous I/M SIP submittal was      No. 34, at subsection 34.5, directly cites, and        I/M program, contained in the January
                                                approved on February 9, 2001 (66 FR 9661).              therefore incorporates by reference, the federal       28, 2009 and February 17, 2017 SIP
                                                Although Rhode Island only requires compliance          regulation at 40 CFR 85.2222. For purposes of the      revisions, is more stringent than the
                                                with the emissions testing program of vehicles up       federal SIP, EPA interprets Rhode Island’s
                                                to 25 model years old, Rhode Island does conduct        regulation as incorporating by reference the version   federally-required performance
                                                an advisory-only emissions test on all vehicles         of 40 CFR 85.2222 as amended on April 5, 2001 (66
                                                regardless of age, in conjunction with the safety       FR 18156), rather than prospectively incorporating        3 See Nonattainment Areas for Criteria Pollutants

                                                inspection conducted on those older vehicles.           any future changes to 40 CFR 85.2222.                  at www.epa.gov/green-book.



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                                                52658            Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations

                                                standard, and more stringent than                       infrastructure meets all the federal I/M              and the appendices to the SIP narrative,
                                                Rhode Island’s preceding I/M program                    requirements. Rhode Island has                        describe the budget, staffing support,
                                                approved into the SIP on February 9,                    implemented a continuous ongoing                      and equipment needed to implement
                                                2001 (66 FR 9661). Thus, these Rhode                    evaluation program consistent with the                the program.
                                                Island SIP revisions satisfy the                        federal I/M rule. Rhode Island commits
                                                                                                                                                              E. Test Frequency and Convenience
                                                requirements of the CAA Section 110(l)                  to developing and submitting the annual
                                                because the SIP revision will not                       and biennial reports described by 40                     Under EPA’s I/M rule, the SIP must
                                                interfere with any applicable                           CFR 51.366 and the results of the                     include a detailed test schedule,
                                                requirement concerning attainment and                   evaluation programs are included in the               including the test year selection scheme
                                                reasonable further progress, or with any                annual and biennial reports. In addition,             if testing is other than annual. The SIP
                                                other applicable requirement of the                     the ongoing evaluation program consists               must also include the legal authority
                                                CAA.                                                    of conducting on-road testing, as                     necessary to implement and enforce the
                                                   Included in Rhode Island’s February                  required by 40 CFR 51.371, by using                   test frequency requirement and explain
                                                17, 2017 submittal is the appropriate                   remote sensing to test the emissions                  how the test frequency will be
                                                vehicle emission modeling                               performance of the required amount of                 integrated with the enforcement
                                                demonstration, using EPA’s MOtor                        vehicles in the State’s motor vehicle                 process. In addition, in enhanced I/M
                                                Vehicle Emissions Simulator Model                       fleet. The remote sensing data collected              programs, the SIP needs to demonstrate
                                                (MOVES), considering the required                       by Rhode Island continually supports                  that the network of stations providing
                                                performance standards and the actual                    that the Rhode Island I/M program is                  testing services is sufficient to ensure
                                                Rhode Island program as it is currently                 efficiently reducing emissions. Rhode                 customer convenience by providing
                                                being implemented statewide, as well as                 Island has sufficient legal authority to              short waiting times for a test, and short
                                                a comparison to the preceding I/M                       implement this contractor managed                     driving distances to the test center.
                                                program approved on February 9, 2001                    program in concert with local                            The Rhode Island SIP revision
                                                (66 FR 9661), that the State is no longer               inspection stations and to conduct the                requires biennial inspections for all
                                                implementing. The modeling runs                         program evaluation, as necessary to                   subject motor vehicles that are at least
                                                considered evaluations with 2015, 2016,                 implement I/M consistent with federal                 two years old, or newer vehicles that
                                                and 2017 compliance dates. Rhode                        requirements. Details of the network                  have driven at least 24,000 miles. The
                                                Island has demonstrated that reductions                 type and program evaluation are                       inspections are conducted based on
                                                from its updated program are greater                    included in section 3 of the SIP                      when the vehicle is initially purchased.
                                                than those achieved by the preceding I/                 narrative.                                            To provide motorist’s convenience,
                                                M program, and the EPA performance                                                                            Rhode Island has set geographic criteria
                                                standard. The MOVES modeling                            D. Adequate Tools and Resources                       ensuring that at least one testing facility
                                                performed reflects the fact that Rhode                     Under the CAA and EPA’s I/M rule,                  is located in each city or town in the
                                                Island tests all gasoline-powered                       the SIP must include a description of                 State. Section 5 of the SIP narrative and
                                                vehicles that are less than 25 years old.               the resources that will be used for                   the contract with the I/M program
                                                Model year 1996 and newer vehicles are                  program operation and must discuss                    vendor includes additional information
                                                tested with OBD2, and pre-1996                          how the performance standard will be                  for ensuring convenient testing wait
                                                vehicles (i.e., they are not equipped                   met, including: (1) A detailed budget                 times and convenient testing locations.
                                                with OBD2 technology) are tested using                  plan describing the source of funds for               The authority for enforcing the testing
                                                an exhaust dynamometer test. Vehicles                   personnel, program administration,                    frequency is contained in the Rhode
                                                are tested every other year, and vehicles               program enforcement, purchase of                      Island DMV’s ‘‘Rhode Island Motor
                                                up to 2 years old that have driven less                 necessary equipment (such as vehicles                 Vehicle Safety and Emissions Control
                                                than 24,000 miles are not tested. Vehicle               for undercover audits), and for other                 Regulation No. 1,’’ covering the
                                                testing requirements are included in                    requirements discussed throughout the                 emissions testing of light-duty vehicles
                                                APCR No. 34, and details of meeting the                 I/M rule; and (2) a description of                    in Rhode Island.
                                                performance standard are included in                    personnel resources, the number of
                                                                                                        personnel dedicated to overt and covert               F. Vehicle Coverage
                                                section 2 of the SIP narrative.
                                                                                                        auditing, data analysis, program                         Under EPA’s I/M rule, the SIP must
                                                C. Network Type and Program                             administration, enforcement, and other                include a detailed description of the
                                                Evaluation                                              necessary functions, and the training                 number and types of vehicles to be
                                                  Under the CAA and EPA’s I/M rule,                     attendant to each function.                           covered by the program, and a plan for
                                                the SIP must include a description of                      Rhode Island operates a self-funded I/             identifying subject vehicles, including
                                                the network to be employed and the                      M program, in which, revenue from the                 vehicles that are routinely operated in
                                                required legal authority. Also, for                     inspection fee charged to motorists is                the area but may not be registered in the
                                                enhanced I/M areas, the SIP needs to                    used for all expenses associated with                 area. Also, the SIP must include a
                                                include a description of the evaluation                 the administration, implementation, and               description of any special exemptions
                                                schedule and protocol, the sampling                     enforcement of the enhanced I/M                       which will be granted by the program,
                                                methodology, the data collection and                    program. The Rhode Island DEM                         and an estimate of the percentage and
                                                analysis system, the resources and                      provides additional support to the I/M                number of vehicles granted such
                                                personnel for evaluation and related                    program by providing a full-time ‘‘Air                exemptions. Such exemptions need to
                                                details of the evaluation program, as                   Quality Specialist’’ that devotes 100%                be accounted for in the emission
                                                well as the legal authority establishing                of staff time to serving as a DEM to the              reduction analysis. In addition, the SIP
jstallworth on DSKBBY8HB2PROD with RULES




                                                the evaluation program.                                 Rhode Island DMV’s operation of the                   needs to include legal authority
                                                  Rhode Island has maintained its                       Rhode Island I/M program. Rhode                       necessary to implement and enforce the
                                                decentralized test and repair I/M                       Island has adequate staff dedicated to                vehicle coverage requirement.
                                                network program design utilizing                        overt and covert auditing, data analysis,                The Rhode Island I/M program covers
                                                contractors to manage and oversee the                   program administration, enforcement,                  all light-duty vehicles and light-duty
                                                inspection portion of the program.                      and other necessary program functions.                trucks, rated up to and including 8,500
                                                Rhode Island’s decentralized                            Section 4 of the State’s SIP narrative,               pounds GVWR, operating on all fuel


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                                                                 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations                                        52659

                                                types, as required by the federal I/M                   G. Test Procedures and Standards                      40 CFR 51.358 and include descriptions
                                                rule for enhanced programs. Rhode                          Under EPA’s I/M rule, the SIP must                 of performance features and functional
                                                Island requires biennial testing of                     include a description of each test                    characteristics of the computerized test
                                                vehicles, which are less than 25 years                  procedure used. The SIP also must                     systems. The SIP submittal references
                                                old, except any new motor vehicle until                 include the rule, ordinance, or law                   40 CFR part 51 and Part 85, and are
                                                twenty-four months after its date of                    describing and establishing the test                  consistent with the procedures outlined
                                                initial purchase or 24,000 miles,                       procedures. Rhode Island’s enhanced                   in 40 CFR 85.2222 and EPA’s June 2001
                                                whichever occurs first. In addition,                    I/M program requires that all vehicles,               Final Implementation Guidance. The
                                                Rhode Island’s enhanced I/M program                     equipped with OBD2 technology, be                     necessary test equipment, required
                                                covers any motor vehicle fleets,                        subjected to an OBD2 inspection. Rhode                features, and acceptance testing criteria
                                                including all federal, state, and                       Island gasoline-powered vehicles are                  are discussed in section 8 of the Rhode
                                                municipal fleets; as well as any motor                  tested using one of three methods: (1)                Island SIP narrative.
                                                vehicle operating on the highways of                    OBD2 testing, (2) a dynamometer test to               I. Quality Control
                                                Rhode Island with a dealer registration,                test tailpipe exhaust emissions, or (3) a
                                                                                                                                                                 Under EPA’s I/M rule, the SIP must
                                                loan agreement, or being operated as a                  two-speed idle test. Rhode Island diesel-
                                                                                                                                                              include a description of quality control
                                                demonstration vehicle.                                  powered vehicles are tested using one of
                                                                                                                                                              and recordkeeping procedures. The SIP
                                                                                                        two methods: (1) An OBD2 test on
                                                   Rhode Island exempts special classes                                                                       also must include the procedures
                                                                                                        OBD2-equipped diesel vehicles, or (2) a
                                                of vehicles from the emissions testing                                                                        manual, rule, and ordinance or law
                                                                                                        dynamometer opacity test. The Rhode
                                                program being approved in today’s                                                                             describing and establishing quality
                                                                                                        Island I/M SIP revision and associated
                                                Direct Final Rulemaking, including:                                                                           control procedures and requirements.
                                                                                                        regulations obligate the State to perform                The Rhode Island I/M SIP narrative
                                                Vehicles older than 25 model years                      OBD2 testing on all model year 1996
                                                old; 4 new vehicles until 24 months after                                                                     and contract contain descriptions and
                                                                                                        and newer vehicles, in accordance with                requirements establishing the quality
                                                its date of initial purchase or until such              EPA procedures. All model year 1995
                                                new vehicle has been driven for 24,000                                                                        control procedures in accordance with
                                                                                                        and older covered vehicles, excluding                 the federal I/M rule and EPA’s Final
                                                miles, whichever occurs first; tactical                 full time four-wheel-drive vehicles,
                                                military vehicles; electric vehicles;                                                                         Implementation Guidance. These
                                                                                                        continue to receive a tailpipe emissions              requirements will help ensure that
                                                competition and off-road vehicles used                  test using a dynamometer to meet the
                                                solely for off-highway activities;                                                                            equipment calibrations are properly
                                                                                                        previously SIP-approved exhaust                       performed and recorded and that the
                                                motorized wheelchairs; motorcycles;                     emissions standards for gasoline-
                                                farm tractors; and special mobile                                                                             necessary compliance document
                                                                                                        powered vehicles or opacity emission
                                                equipment. Rhode Island’s I/M program                                                                         security is maintained. As described in
                                                                                                        standards for diesel-powered vehicles.
                                                also provides a temporary exemption                                                                           section 9 of the SIP narrative, the Rhode
                                                                                                        A gasoline-powered vehicle which
                                                                                                                                                              Island SIP complies with all
                                                from the emissions testing requirement                  cannot be tested using either OBD2 or
                                                                                                                                                              specifications for quality control set
                                                for vehicles that may be temporarily out                the dynamometer test, will be given a
                                                                                                                                                              forth in Section 51.359 and Appendix A
                                                of State, but the operator of such a                    two-speed idle test.5 Rhode Island’s
                                                                                                                                                              of the federal I/M rule, and EPA’s Final
                                                vehicle must obtain an emissions                        OBD2 testing procedures are based on
                                                                                                                                                              Implementation Guidance.
                                                inspection within five days of returning                the testing procedures established by
                                                to the State. In addition, vehicles owned               EPA for light-duty vehicles in 40 CFR                 J. Waivers and Compliance via
                                                or controlled by a dealer are granted a                 85.2222. Details of the test procedures               Diagnostic Inspection
                                                temporary exemption for the first five                  and standards are included in Rhode                      Under EPA’s I/M rule, the SIP must
                                                days after the vehicle is owned or                      Island’s I/M regulations and in section               include a maximum waiver rate
                                                controlled by the dealer. Based on                      7 of the SIP narrative.                               expressed as a percentage of initially
                                                information provided in the SIP                         H. Test Equipment                                     failed vehicles. This waiver rate is used
                                                submittal, Rhode Island has shown that                                                                        for estimating emission reduction
                                                such exemptions will not prevent the                      Under EPA’s I/M rule, the SIP must
                                                                                                        include written technical specifications              benefits in the modeling analysis.
                                                program from achieving the EPA-                                                                               Corrective action must be taken if the
                                                                                                        for all test equipment used in the
                                                required performance standard.                                                                                waiver rate exceeds that estimated in
                                                                                                        program and address each of the
                                                Additional detail supporting this                                                                             the SIP, or a state must revise its SIP and
                                                                                                        requirements set forth at 40 CFR 51.358.
                                                conclusion was included in section 6 of                                                                       claim emission reductions accordingly.
                                                                                                        The specifications must describe the
                                                the SIP narrative. Legal authority for the                                                                    The SIP also must describe the waiver
                                                                                                        emission analysis process, the necessary
                                                vehicle coverage requirements are                       test equipment, the required features,                criteria and procedures, including cost
                                                contained in the Rhode Island I/M                       and written acceptance testing criteria               limits, quality assurance methods and
                                                regulations (RI DEM’s APCR No. 34                       and procedures.                                       measures, and administration. Lastly,
                                                ‘‘Rhode Island Motor Vehicle                              Rhode Island’s SIP submittal provides               the SIP must include the necessary legal
                                                Inspection/Maintenance Program,’’ and                   written equipment specifications as                   authority, ordinance(s), or rules to issue
                                                RI DMV’s ‘‘Rhode Island Motor Vehicle                   contained in EPA’s Final                              waivers, set and adjust cost limits as
                                                Safety and Emissions Control                            Implementation Guidance and the                       required, and carry out any other
                                                Regulation No. 1’’), and the authorizing                appendices of EPA’s I/M rule. The                     functions necessary to administer the
                                                legislation (Rhode Island General Laws                  Rhode Island SIP submission and its                   waiver system, including enforcement
                                                at Title 31, Chapter 31–47.1).                          appendices address the requirements in                of the waiver provisions.
jstallworth on DSKBBY8HB2PROD with RULES




                                                                                                                                                                 Cost limits for the minimum
                                                   4 Section 1.3.1 of the Rhode Island DMV’s ‘‘Rhode      5 Gasoline and diesel powered vehicles with         expenditure waivers must be in
                                                Island Motor Vehicle Safety and Emissions Control       known issues with readiness monitors, or lack of      accordance with the CAA and the
                                                Regulation No. 1’’ states that Rhode Island exempts     electronic communication, cannot be tested using      federal I/M rule. According to federal
                                                ‘‘any model year vehicle 25 years old or older from     OBD2. Full time four-wheel-drive vehicles cannot
                                                the requirement to obtain repairs in order to           be tested on a dynamometer. Diesel-powered
                                                                                                                                                              requirements, expenditures of at least
                                                comply, but such vehicles must undergo an               vehicles that cannot be tested on a dynamometer       $450 for actual, non-tampering related
                                                emissions inspection.’’                                 will not be subjected to an emissions test.           repairs, must be spent in order to


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                                                52660            Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations

                                                qualify for a waiver in an enhanced                     waivers, consistent with EPA’s I/M rule,              program is included in Rhode Island’s I/
                                                I/M program; this amount shall be                       will be ensured by Rhode Island and the               M regulations and the State’s General
                                                adjusted annually according to changes                  State’s I/M program contractor and are                Laws. Additional detail of the motorist
                                                in the Consumer Price Index as                          detailed in section 10 of the SIP                     compliance enforcement program is
                                                specified in 40 CFR 51.360(a)(7). Rhode                 narrative and in the State’s I/M                      included in section 11 of the SIP
                                                Island DMV’s ‘‘Rhode Island Motor                       regulations.                                          narrative.
                                                Vehicle Safety and Emissions Control
                                                                                                        K. Motorist Compliance Enforcement                    L. Motorist Compliance Enforcement
                                                Regulation No. 1’’ at section 1.9.1(d)
                                                                                                           Under EPA’s I/M rule, the SIP must                 Program Oversight
                                                allows for waivers to be issued which
                                                meet minimum repair expenditures in                     provide information concerning                           Under EPA’s I/M rule, the SIP must
                                                accordance with the federal I/M rule.                   motorist enforcement, including: (1) A                include a description of enforcement
                                                Section 10 of Rhode Island’s SIP                        description of the existing compliance                program oversight and information
                                                narrative describes that expenditure                    mechanism if it will continue to be used              management activities.
                                                waivers are allowed to be issued if a                   for the program, and the demonstration                   The Rhode Island I/M SIP revision
                                                motorist makes an expenditure of at                     that it is as effective, or more effective,           provides for regular auditing of its
                                                least $700 on actual, non-tampering                     than registration denial enforcement; (2)             enforcement program and adherence to
                                                related repairs on a vehicle that still                 an identification of the agencies                     effective management practices,
                                                does not pass the required emissions                    responsible for performing each of the                including adjustments to improve the
                                                test. Rhode Island intends to annually                  applicable activities in this section; (3)            program when necessary. These
                                                update the cost to receive a waiver from                a description of, and accounting for, all             program oversight and information
                                                the emissions testing program in                        classes of exempt vehicles; and (4) a                 management activities are described in
                                                accordance with federal requirements.                   description of the plan for testing fleet             the SIP narrative, and include a
                                                In addition, Rhode Island allows for an                 vehicles, and any other special classes               description of the emissions testing
                                                economic hardship time extension as                     of subject vehicles, such as those                    database and how this system interfaces
                                                allowed under EPA’s rule. Rhode Island                  operated (but not necessarily registered)             with registration records. If a vehicle is
                                                has demonstrated that it can meet the                   in the program area. Also, a SIP must                 out of compliance with the emissions
                                                enhanced I/M performance standard                       include a determination of the current                testing requirement, registration is
                                                testing with the I/M program as it is                   compliance rate based on a study of the               denied. This is done through computer
                                                described in the SIP submittal.                         system including an estimate of                       matching and is directly available to law
                                                   The Rhode Island I/M program                         compliance losses due to loopholes,                   enforcement. The SIP describes the
                                                commits to a waiver rate of one percent                 counterfeiting, and unregistered                      procedures to be followed in identifying
                                                per inspection cycle, that is, a maximum                vehicles. Estimates of the effect of                  noncomplying vehicles, along with
                                                of 1% of initially failed vehicles are                  closing such loopholes and otherwise                  appropriate follow-up and program
                                                allowed to receive a waiver in a given                  improving the enforcement mechanism                   documentation audits in section 12 of
                                                two-year period. The 1% waiver rate is                  must be supported with detailed                       the SIP narrative.
                                                used in the performance standard                        analyses. In addition, the SIP needs to
                                                modeling demonstration discussed in                     include the legal authority to implement              M. Quality Assurance
                                                Section IV.B., ‘‘Enhanced I/M                           and enforce the program. Lastly, the SIP                Under EPA’s I/M rule, the SIP must
                                                Performance Standard,’’ of today’s                      must include a commitment to an                       include a description of the quality
                                                rulemaking. The 1% waiver rate is                       enforcement level and minimum                         assurance program, and written
                                                incorporated into the performance                       compliance level used for modeling                    procedure manuals covering both overt
                                                standard modeling demonstration in                      purposes and to be maintained, at a                   and covert performance audits, record
                                                accordance with EPA’s modeling                          minimum, in practice.                                 audits, and equipment audits.
                                                guidance, ‘‘Performance Standard                           The State of Rhode Island has chosen                 The Rhode Island SIP submittal
                                                Modeling for New and Existing Vehicle                   to use a program of denying registration              includes a description of the quality
                                                Inspection and Maintenance (I/M)                        to anyone who fails to meet emissions                 assurance program. The quality
                                                Programs Using the MOVES Mobile                         testing requirements. The motorist                    assurance program will include overt
                                                Source Emissions Model’’ (EPA–420–B–                    compliance enforcement program will                   and covert performance audits, digital
                                                14–006, January 2014). Rhode Island’s                   be implemented primarily by the Rhode                 audits on station and inspector
                                                SIP narrative describes the types of                    Island DMV. However, State police and                 performance, and equipment audits.
                                                waivers that will be allowed: Minimum                   local law enforcement can provide                     Rhode Island covers all of its program’s
                                                expenditure waivers; economic                           citations for vehicles not complying                  inspection stations with the
                                                hardship time extensions; and/or a                      with the I/M program. The enforcement                 implemented quality assurance plan
                                                diagnostic waiver.6 These issues are                    strategy is described in the Rhode Island             and conducts overt and/or covert audits,
                                                dealt with in a manner consistent with                  SIP submittal. The enforcement strategy               both in response to customer complaints
                                                the federal I/M rule. The proper criteria,              is designed to ensure a high rate of                  and as targeted follow-up. Detailed
                                                procedures, quality assurance and                       compliance. Any motorist who operates                 quality assurance/quality control (QA/
                                                administration regarding the issuance of                their vehicle on the highways in Rhode                QC) procedures are included in the SIP
                                                                                                        Island that is not in compliance with the             submittal at section 13 of the SIP
                                                   6 A diagnostic waiver applies to vehicle owners      I/M program will face fines and                       narrative and in the inspection program
                                                of a vehicle that has failed an emissions inspection,   suspension of their registration. Those               service agreement contract.
                                                and subsequent re-inspection, and after undergoing      not receiving the emissions test as
jstallworth on DSKBBY8HB2PROD with RULES




                                                a complete, documented physical and functional
                                                                                                        scheduled will be subject to fines and                N. Enforcement Against Contractors,
                                                diagnosis and inspection conducted by the Rhode                                                               Stations, and Inspectors
                                                Island Division of Motor Vehicles, it is determined     late penalties, and will also be denied
                                                that the vehicle has all emission control devices in    registration when their registration                    Under EPA’s I/M rule, the SIP must
                                                place and operating properly and no additional          expires. Rhode Island presently has over              include a penalty schedule and legal
                                                repairs are reasonably possible or because a vehicle
                                                is unable to get repaired because the necessary
                                                                                                        a 96% compliance rate with the                        authority for establishing and imposing
                                                emission parts are no longer available or no longer     emissions inspection program. The legal               penalties, civil fines, station and
                                                manufactured.                                           authority to implement and enforce the                inspector license suspension, and


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                                                                 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations                                            52661

                                                revocations. In the case of state                       necessary changes and identified                      R. Improving Repair Effectiveness
                                                constitutional impediments precluding                   weaknesses in the I/M program. Rhode                    Under EPA’s I/M rule, the SIP must
                                                immediate authority to suspend                          Island has also committed to collecting               include a description of the technical
                                                licenses, the State Attorney General                    all data necessary for quality assurance              assistance program to be implemented,
                                                shall furnish an official opinion within                and enforcement reports, as required by               a description of the procedures and
                                                the SIP explaining the constitutional                   section 51.366 of the federal I/M rule.               criteria to be used in meeting the
                                                impediment as well as relevant case                     Details on data analysis and reporting                performance monitoring requirements of
                                                law. The SIP also must describe the                     are found in section 16 of Rhode                      this section for enhanced I/M programs,
                                                administrative and judicial procedures                  Island’s SIP narrative.                               and a description of the repair
                                                and responsibilities relevant to the                                                                          technician training resources available
                                                enforcement process, including the                      P. Inspector Training and Licensing or
                                                                                                        Certification                                         in the community.
                                                agencies, courts, and jurisdictions                                                                             In the SIP submittal, Rhode Island
                                                involved; personnel to prosecute and                                                                          provided additional detail and a
                                                                                                           Under EPA’s I/M rule, the SIP must
                                                adjudicate cases; and other aspects of                                                                        description of the technical assistance,
                                                                                                        include a description of the training
                                                the enforcement of the program                                                                                performance monitoring and repair
                                                requirements, the resources to be                       program, the written and hands-on tests,
                                                                                                        and the licensing or certification                    technician training programs to be
                                                allocated to the enforcement function,                                                                        implemented. The SIP revision, as
                                                and the source of those funds. In states                process.
                                                                                                                                                              detailed in section 19 of the SIP
                                                that are without immediate suspension                      The Rhode Island I/M SIP submittal                 narrative, provides for regularly
                                                authority, the SIP must demonstrate that                provides details on the inspector                     informing repair facilities about changes
                                                sufficient resources, personnel, and                    training program. The Rhode Island I/M                to the inspection program, training
                                                systems are in place to meet the three-                 SIP provides for implementation of                    course schedules, common problems,
                                                day case management requirement for                     training, licensing, and refresher                    and potential solutions for particular
                                                violations that directly affect emission                programs for emission inspectors. The                 engine families, diagnostic tips, repairs,
                                                reductions.                                             SIP and the inspection contract describe              and other assistance issues. As
                                                   The Rhode Island I/M SIP revision                    the inspector training program and                    described in the SIP submittal, the State
                                                includes specific penalties in its                      curriculum including written and                      has also ensured that repair technicians
                                                enforcement against contractors,                        hands-on testing. All inspectors will be              may utilize the telephone hotline, or the
                                                stations and inspectors in accordance                   required to be certified to inspect                   electronic inquiry system on the
                                                with the federal I/M rule. Based on the                 vehicles in the Rhode Island I/M                      program Web site, with any repair
                                                Rhode Island SIP submittal, dated                       program. Further details of the inspector             questions or concerns. Performance
                                                January 28, 2009 and supplemented on                    training program are included in section              monitoring statistics of repair facilities
                                                February 17, 2017, the State’s                          17 of the SIP narrative and Appendix I                will be provided to motorists whose
                                                enforcement procedures can be pursued                   of the SIP revision.                                  vehicles fail the I/M test, as required in
                                                through contractual or regulatory action.                                                                     enhanced I/M areas. The State has
                                                The State, through the contract that it                 Q. Public Information and Consumer
                                                                                                                                                              committed to ensure that adequate
                                                has been authorized to enter into and                   Protection                                            repair technician training exists by
                                                directly under Rhode Island General                                                                           establishing training courses at
                                                Laws at Title 31, Chapter 31–47.1, has                     Under EPA’s I/M rule, the SIP must
                                                                                                        include a plan for consumer protection                technical schools in the area.
                                                the authority to immediately suspend a
                                                station inspector for violations that                   and informing the public, on an ongoing               S. Compliance With Recall Notices
                                                directly affect emission reduction                      basis, of the air quality problems, the
                                                                                                                                                                Under EPA’s I/M rule, the SIP must
                                                benefits and a variety of other violations              need for and benefits of a motor vehicle
                                                                                                                                                              describe, for enhanced I/M programs,
                                                of procedures. Details on enforcement                   inspection program, and how to find a
                                                                                                                                                              the procedures used to incorporate the
                                                against contractors, stations, and                      qualified repair technician, amongst
                                                                                                                                                              vehicle recall lists provided into the
                                                inspectors are found in section 14 of the               other information related to the
                                                                                                                                                              inspection or registration database, the
                                                SIP submittal narrative.                                requirements of the I/M program.
                                                                                                                                                              quality control methods used to insure
                                                                                                           Rhode Island has implemented a Web                 that recall repairs are properly
                                                O. Data Collection, Analysis, and
                                                                                                        site for the State’s I/M program.7 The                documented and tracked, and the
                                                Reporting
                                                                                                        Web site is designed to provide                       method (inspection failure or
                                                  Under EPA’s I/M rule, the SIP must                    information to motorists, the general                 registration denial) used to enforce the
                                                describe the types of data to be                        public, inspectors, and repair                        recall requirements. EPA, through a
                                                collected. EPA’s I/M rule also requires                 technicians regarding the State’s I/M                 private contractor, has established the
                                                that the SIP describe the procedures for                program. Rhode Island has the ability to              National On-Board Diagnostics
                                                data analysis and reporting to allow for                take in general questions and concerns,               Clearinghouse which serves, amongst
                                                monitoring and evaluation of the                        both via a telephone hotline and                      other functions, as a computerized
                                                program.                                                electronically via the Web site, and has              database listing all emissions-related
                                                  The Rhode Island I/M SIP revision                     established a mechanism by which a                    vehicle recalls.8
                                                provides for collecting test data to link               vehicle owner can contest the results of                The Rhode Island I/M SIP will ensure
                                                specific test results to specific vehicles,             an inspection. Further details of the                 that vehicles subject to the enhanced I/
                                                I/M program registrants, test sites, and                public information and consumer                       M program, that are included in either
                                                inspectors. The test data and quality                   protection plan are included in the                   a voluntary emission recall or a
jstallworth on DSKBBY8HB2PROD with RULES




                                                control data which will be collected are                inspection program service agreement                  remedial plan determination pursuant
                                                described in section 15 of the SIP                      contract and in section 18 of the SIP                 to the CAA, have had the appropriate
                                                narrative and the inspection program                    narrative.                                            repairs made prior to inspection.
                                                service agreement contract. The data                                                                          Section 1.4.5 of the Rhode Island DMV’s
                                                will be used to generate reports                          7 State of Rhode Island, Division of Motor
                                                concerning test data, quality assurance,                Vehicles, Safety and Emissions program Web site:       8 National On-Board Diagnostics Clearinghouse

                                                quality control, enforcement, as well as                www.dmv.ri.gov/inspections.                           Web site: www.obdclearinghouse.com.



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                                                52662            Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations

                                                ‘‘Rhode Island Motor Vehicle Safety and                 is available from the EPA Regional                    proposal to approve the SIP revision
                                                Emissions Control Regulation No. 1’’                    Office listed above and in the docket for             should relevant adverse comments be
                                                requires inspectors to verify whether a                 this action. The criteria used to review              filed. This rule will be effective January
                                                vehicle presented for inspection is in                  the submitted SIP revisions are based on              16, 2018 without further notice unless
                                                need of repairs as a result of a recall                 the requirements set forth in Section                 the Agency receives relevant adverse
                                                notice; if such repairs are required,                   182 of the CAA and in the federal I/M                 comments by December 14, 2017.
                                                motorists with unresolved recall notices                regulations, 40 CFR part 51, subpart S.                  If the EPA receives such comments,
                                                will be required to show proof of                       Based on these requirements, EPA                      then EPA will publish a notice
                                                compliance or will be denied the                        developed a detailed I/M approvability                withdrawing the final rule and
                                                opportunity for inspection. As described                checklist to be used nationally to                    informing the public that the rule will
                                                in section 20 of the SIP narrative, Rhode               determine if I/M programs meet the                    not take effect. All public comments
                                                Island inspectors have access to the                    requirements of the CAA and the federal               received will then be addressed in a
                                                National On-Board Diagnostics                           I/M rule. The checklist states the federal            subsequent final rule based on the
                                                Clearinghouse.                                          requirements, referenced by section of                proposed rule. EPA will not institute a
                                                                                                        the rule, and whether the Rhode Island                second comment period on the
                                                T. On-Road Testing                                                                                            proposed rule. All parties interested in
                                                                                                        program meets such requirements. This
                                                   Under the CAA and EPA’s I/M rule,                    checklist, the CAA, and the federal I/M               commenting on the proposed rule
                                                the SIP must include a detailed                         regulation formed the basis for EPA’s                 should do so at this time. If no such
                                                description of the on-road testing                      technical review. EPA has reviewed the                comments are received, the public is
                                                program required in enhanced I/M                        Rhode Island I/M SIP revisions using                  advised that this rule will be effective
                                                areas, including the types of testing, test             the criteria stated above. The Rhode                  on January 16, 2018 and no further
                                                limits and criteria, the number of                      Island I/M regulations and                            action will be taken on the proposed
                                                vehicles (the percentage of the fleet) to               accompanying materials contained in                   rule. Please note that if EPA receives
                                                be tested, the number of employees to                   the SIP submittal represent an                        adverse comment on an amendment,
                                                be dedicated to the on-road testing                     acceptable plan to comply with the I/M                paragraph, or section of this rule and if
                                                effort, the methods for collecting,                     requirements and meet all the criteria                that provision may be severed from the
                                                analyzing, utilizing, and reporting the                 required for EPA to approve the SIP                   remainder of the rule, EPA may adopt
                                                results of on-road testing, and the                     submittal. EPA’s review of the materials              as final those provisions of the rule that
                                                portion of the program budget to be                     submitted indicates that Rhode Island                 are not the subject of an adverse
                                                dedicated to on-road testing. Also, the                 has revised its I/M program in                        comment.
                                                SIP must include the legal authority                    accordance with the requirements of the
                                                necessary to implement the on-road                                                                            VI. Incorporation by Reference
                                                                                                        CAA, 40 CFR part 51, and all of EPA’s
                                                testing program, including the authority                technical requirements for approvable                    In this rule, EPA is finalizing
                                                to enforce off-cycle inspection and                     vehicle inspection and maintenance                    regulatory text that includes
                                                repair requirements. In addition,                       programs, including OBD2. EPA’s                       incorporation by reference. In
                                                emission reduction credit for on-road                   detailed I/M approvability checklist                  accordance with requirements of 1 CFR
                                                testing programs can only be granted for                serves as the TSD for this action.                    51.5, the EPA is finalizing the
                                                a program designed to obtain significant                                                                      incorporation by reference of Rhode
                                                emission reductions over and above                      V. Final Action                                       Island’s regulations described in the
                                                those predicted to be achieved by other                    EPA is approving the SIP revisions                 amendments to 40 CFR part 52 set forth
                                                aspects of the I/M program. The SIP                     submitted by the State of Rhode Island                below. EPA has made, and will continue
                                                needs to include technical support for                  on January 28, 2009, and supplemented                 to make, these materials generally
                                                the claimed additional emission                         with a SIP revision on February 17,                   available through www.regulations.gov,
                                                reductions.                                             2017. These SIP revisions contain the                 and/or at the EPA Region 1 Office
                                                   The I/M SIP submitted by Rhode                       State’s revised vehicle inspection and                (please contact the person identified in
                                                Island on January 28, 2009, and                         maintenance program. Specifically, EPA                the FOR FURTHER INFORMATION CONTACT
                                                supplemented on February 17, 2017,                      is approving the Rhode Island DEM Air                 section of this preamble for more
                                                includes a description of the status of an              Pollution Control Regulation No. 34                   information).
                                                on-road testing program in section 21 of                entitled ‘‘Rhode Island Motor Vehicle
                                                the SIP narrative. Rhode Island’s SIP                   Inspection/Maintenance Program’’                      VII. Statutory and Executive Order
                                                highlights that the on-road testing                     (effective January 5, 2009), and the                  Reviews
                                                program implemented consists of testing                 Rhode Island DMV’s ‘‘Rhode Island                       Under the Clean Air Act, the
                                                using remote sensing technology. Rhode                  Motor Vehicle Safety and Emissions                    Administrator is required to approve a
                                                Island conducts on-road tests using                     Control Regulation No. 1’’ (effective                 SIP submission that complies with the
                                                remote sensing on the appropriate                       January 28, 2009), and incorporating                  provisions of the Act and applicable
                                                number of vehicles required by the                      these rules into the Rhode Island SIP.                Federal regulations. 42 U.S.C. 7410(k);
                                                federal I/M rule. Since Rhode Island has                EPA is approving Rhode Island’s revised               40 CFR 52.02(a). Thus, in reviewing SIP
                                                not included additional modeling credit                 I/M program because it is consistent                  submissions, EPA’s role is to approve
                                                for the on-road portion of the State’s                  with the CAA and EPA’s I/M regulations                state choices, provided that they meet
                                                inspection program when demonstrating                   and it will strengthen the Rhode Island               the criteria of the Clean Air Act.
                                                that EPA’s performance standard was                     SIP.                                                  Accordingly, this action merely
                                                met, the State’s approach is acceptable.                   EPA is publishing this action without              approves state law as meeting Federal
jstallworth on DSKBBY8HB2PROD with RULES




                                                                                                        prior proposal because the Agency                     requirements and does not impose
                                                U. Concluding Statement                                 views this as a noncontroversial                      additional requirements beyond those
                                                  A more detailed analysis of the SIP                   amendment and anticipates no adverse                  imposed by state law. For that reason,
                                                submittal and how Rhode Island meets                    comments. However, in the proposed                    this action:
                                                the federal requirements is contained in                rules section of this Federal Register                  • Is not a significant regulatory action
                                                EPA’s technical support document                        publication, EPA is publishing a                      subject to review by the Office of
                                                (TSD) prepared for this action. The TSD                 separate document that will serve as the              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,                    tribal implications and will not impose               proposed rulemaking. This action may
                                                October 4, 1993) and 13563 (76 FR 3821,                 substantial direct costs on tribal                    not be challenged later in proceedings to
                                                January 21, 2011);                                      governments or preempt tribal law as                  enforce its requirements. (See section
                                                   • Does not impose an information                     specified by Executive Order 13175 (65                307(b)(2)).
                                                collection burden under the provisions                  FR 67249, November 9, 2000).
                                                                                                           The Congressional Review Act, 5                    List of Subjects in 40 CFR Part 52
                                                of the Paperwork Reduction Act (44
                                                U.S.C. 3501 et seq.);                                   U.S.C. 801 et seq., as added by the Small               Environmental protection, Air
                                                   • Is certified as not having a                       Business Regulatory Enforcement                       pollution control, Carbon monoxide,
                                                significant economic impact on a                        Fairness Act of 1996, generally provides              Incorporation by reference,
                                                substantial number of small entities                    that before a rule may take effect, the               Intergovernmental relations, Lead,
                                                under the Regulatory Flexibility Act (5                 agency promulgating the rule must                     Nitrogen dioxide, Ozone, Particulate
                                                U.S.C. 601 et seq.);                                    submit a rule report, which includes a                matter, Reporting and recordkeeping
                                                   • Does not contain any unfunded                      copy of the rule, to each House of the                requirements, Sulfur oxides, Volatile
                                                mandate or significantly or uniquely                    Congress and to the Comptroller General               organic compounds.
                                                affect small governments, as described                  of the United States. EPA will submit a
                                                                                                                                                                Dated: October 24, 2017.
                                                in the Unfunded Mandates Reform Act                     report containing this action and other
                                                                                                        required information to the U.S. Senate,              Deborah A. Szaro,
                                                of 1995 (Pub. L. 104–4);
                                                   • Does not have Federalism                           the U.S. House of Representatives, and                Acting Regional Administrator, EPA New
                                                implications as specified in Executive                  the Comptroller General of the United                 England.
                                                Order 13132 (64 FR 43255, August 10,                    States prior to publication of the rule in              Part 52 of chapter I, title 40 of the
                                                1999);                                                  the Federal Register. A major rule                    Code of Federal Regulations is amended
                                                   • Is not an economically significant                 cannot take effect until 60 days after it             as follows:
                                                regulatory action based on health or                    is published in the Federal Register.
                                                safety risks subject to Executive Order                 This action is not a ‘‘major rule’’ as                PART 52—APPROVAL AND
                                                13045 (62 FR 19885, April 23, 1997);                    defined by 5 U.S.C. 804(2).                           PROMULGATION OF
                                                   • Is not a significant regulatory action                Under section 307(b)(1) of the Clean               IMPLEMENTATION PLANS
                                                subject to Executive Order 13211 (66 FR                 Air Act, petitions for judicial review of
                                                28355, May 22, 2001);                                   this action must be filed in the United               ■ 1. The authority citation for part 52
                                                   • Is not subject to requirements of                  States Court of Appeals for the                       continues to read as follows:
                                                section 12(d) of the National                           appropriate circuit by January 16, 2018.                  Authority: 42 U.S.C. 7401 et seq.
                                                Technology Transfer and Advancement                     Filing a petition for reconsideration by
                                                Act of 1995 (15 U.S.C. 272 note) because                the Administrator of this final rule does             Subpart OO—Rhode Island
                                                application of those requirements would                 not affect the finality of this action for
                                                be inconsistent with the Clean Air Act;                 the purposes of judicial review nor does              ■  2. In § 52.2070:
                                                and                                                     it extend the time within which a                     ■  a. The table in paragraph (c) is
                                                   • Does not provide EPA with the                      petition for judicial review may be filed,            amended by revising the entries ‘‘Air
                                                discretionary authority to address, as                  and shall not postpone the effectiveness              Pollution Control Regulation 34’’ and
                                                appropriate, disproportionate human                     of such rule or action. Parties with                  ‘‘Rhode Island Motor Vehicle Safety and
                                                health or environmental effects, using                  objections to this direct final rule are              Emissions Control Regulation No. 1’’.
                                                practicable and legally permissible                     encouraged to file a comment in                       ■ b. The table in paragraph (e) is
                                                methods, under Executive Order 12898                    response to the parallel notice of                    amended by adding the entry ‘‘I/M SIP
                                                (59 FR 7629, February 16, 1994).                        proposed rulemaking for this action                   Narrative’’ at the end of the table.
                                                   In addition, the SIP is not approved                 published in the proposed rules section                  The addition and revisions read as
                                                to apply on any Indian reservation land                 of today’s Federal Register, rather than              follows:
                                                or in any other area where EPA or an                    file an immediate petition for judicial
                                                Indian tribe has demonstrated that a                    review of this direct final rule, so that             § 52.2070    Identification of plan.
                                                tribe has jurisdiction. In those areas of               EPA can withdraw this direct final rule               *       *    *      *     *
                                                Indian country, the rule does not have                  and address the comment in the                            (c) * * *

                                                                                                    EPA-APPROVED RHODE ISLAND REGULATIONS
                                                                                                              State effective
                                                      State citation                  Title/subject                                  EPA approval date                          Explanations
                                                                                                                   date


                                                           *                     *                    *                          *                    *                       *                  *
                                                Air Pollution Control         Rhode Island Motor Ve-                1/5/2009    11/14/2017, [insert          Department of Environmental Management reg-
                                                  Regulation 34.                hicle Inspection/Main-                             Federal Register ci-        ulation containing I/M standards. Approving
                                                                                tenance Program.                                   tation].                    all sections except Section 34.9.3 ‘‘Applica-
                                                                                                                                                               tion’’ which was excluded from the SIP sub-
                                                                                                                                                               mittal.

                                                         *                       *                    *                          *                    *                       *                  *
jstallworth on DSKBBY8HB2PROD with RULES




                                                Rhode Island Motor Ve-        Rhode Island Motor Ve-              1/28/2009     11/14/2017, [insert          Division of Motor Vehicles regulation for the
                                                  hicle Safety and Emis-        hicle Inspection/Main-                             Federal Register ci-        light-duty vehicle I/M program. Approving all
                                                  sions Control Regula-         tenance Program.                                   tation].                    sections except Section 1.12.2 ‘‘Penalties’’
                                                  tion No. 1.                                                                                                  and Section 1.13 ‘‘Proceedings for Enforce-
                                                                                                                                                               ment’’ which were excluded from the SIP
                                                                                                                                                               submittal.




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                                                52664              Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations

                                                                                               EPA-APPROVED RHODE ISLAND REGULATIONS—Continued
                                                                                                                    State effective
                                                       State citation                      Title/subject                                   EPA approval date                              Explanations
                                                                                                                         date

                                                           *                           *                       *                       *                       *                      *                  *



                                                *      *       *       *        *                              (e) * * *

                                                                                                                   RHODE ISLAND NON REGULATORY
                                                                                                                   State submittal
                                                 Name of non regulatory              Applicable geographic          date/effective         EPA approved date                              Explanations
                                                    SIP provision                    or nonattainment area              date


                                                         *                             *                           *                   *                    *                       *                 *
                                                I/M SIP Narrative ...........       Statewide ..................... Submitted 2/      11/14/2017, [insert          Narrative describing how the Rhode Island I/M
                                                                                                                      17/2017.           Federal Register ci-        program meets the requirements in the fed-
                                                                                                                                         tation].                    eral I/M rule.



                                                [FR Doc. 2017–24541 Filed 11–13–17; 8:45 am]                 comments cannot be edited or removed                      a. Env-A 900: Owner or Operator
                                                BILLING CODE 6560–50–P                                       from Regulations.gov. For either manner                      Recordkeeping and Reporting
                                                                                                             of submission, the EPA may publish any                       Obligations
                                                                                                             comment received to its public docket.                    b. VOC Order for Sturm Ruger & Company
                                                                                                                                                                    III. Final Action
                                                ENVIRONMENTAL PROTECTION                                     Do not submit electronically any                       IV. Incorporation by Reference
                                                AGENCY                                                       information you consider to be                         V. Statutory and Executive Order Reviews
                                                                                                             Confidential Business Information (CBI)
                                                40 CFR Part 52                                               or other information whose disclosure is               I. Background and Purpose
                                                [EPA–R01–OAR–2017–0266; FRL–9970–64–                         restricted by statute. Multimedia                         On February 10, 2017, NH DES
                                                Region 1]                                                    submissions (audio, video, etc.) must be               submitted a single source order limiting
                                                                                                             accompanied by a written comment.                      emissions of volatile organic
                                                Air Plan Approval; NH; Approval of                           The written comment is considered the                  compounds (VOCs) from Sturm Ruger &
                                                Recordkeeping and Reporting                                  official comment and should include                    Company as a SIP revision request. On
                                                Requirements and Single Source Order                         discussion of all points you wish to                   May 11, 2017, NH DES submitted a state
                                                AGENCY: Environmental Protection                             make. The EPA will generally not                       regulation identified as Env-A 900,
                                                Agency (EPA).                                                consider comments or comment                           Owner or Operator Recordkeeping and
                                                                                                             contents located outside of the primary                Reporting Obligations, as a SIP revision
                                                ACTION: Direct final rule.
                                                                                                             submission (i.e., on the Web, cloud, or                request. A description of these
                                                SUMMARY:   The Environmental Protection                      other file sharing system). For                        submittals and our evaluation of them
                                                Agency (EPA) is approving State                              additional submission methods, please                  appears below in Section II of this
                                                Implementation Plan (SIP) revisions                          contact the person identified in the FOR               preamble. Please note that if EPA
                                                submitted by the State of New                                FURTHER INFORMATION CONTACT section.                   receives adverse comment on an
                                                Hampshire. The revisions establish                           For the full EPA public comment policy,                amendment, paragraph, or section of
                                                recordkeeping and reporting obligations                      information about CBI or multimedia                    these rules or on the VOC Order, and if
                                                for sources of air pollution.                                submissions, and general guidance on                   that provision may be severed from the
                                                Additionally, we are approving an order                      making effective comments, please visit                remainder of the rule or Order, EPA may
                                                limiting emissions of volatile organic                       https://www.epa.gov/dockets/                           adopt as final those provisions of the
                                                compounds from a facility in the State.                      commenting-epa-dockets.                                rule or Order that are not the subject of
                                                This action is being taken in accordance                     FOR FURTHER INFORMATION CONTACT: Bob                   an adverse comment.
                                                with the Clean Air Act.                                      McConnell, Environmental Engineer,                     II. Description and Evaluation of State’s
                                                DATES: This direct final rule is effective                   Air Quality Planning Unit, Air Programs                Submittals
                                                January 16, 2018, unless EPA receives                        Branch (Mail Code OEP05–02), U.S.
                                                adverse comments by December 14,                             Environmental Protection Agency,                       a. Env-A 900: Owner or Operator
                                                2017. If adverse comments are received,                      Region 1, 5 Post Office Square, Suite                  Recordkeeping and Reporting
                                                EPA will publish a timely withdrawal of                      100, Boston, Massachusetts 02109–3912;                 Obligations.
                                                the direct final rule in the Federal                         (617) 918–1046; mcconnell.robert@                         On May 11, 2017, NH DES submitted
                                                Register informing the public that the                       epa.gov.                                               a state regulation identified as Env-A
                                                rule will not take effect.                                   SUPPLEMENTARY INFORMATION:                             900, Owner or Operator Recordkeeping
                                                ADDRESSES: Submit your comments,                             Throughout this document whenever                      and Reporting Obligations, as a SIP
jstallworth on DSKBBY8HB2PROD with RULES




                                                identified by Docket ID No. EPA–R01–                         ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean            revision request. New Hampshire
                                                OAR–2017–0266 at https://                                    EPA.                                                   provided additional material supporting
                                                www.regulations.gov, or via email to                                                                                this request to EPA by letter dated
                                                mcconnell.robert@epa.gov. For                                Table of Contents                                      September 14, 2017. EPA previously
                                                comments submitted at Regulations.gov,                       I. Background and Purpose                              approved a prior version of Env-A 900
                                                follow the online instructions for                           II. Description and Evaluation of State’s              within a direct final rule published on
                                                submitting comments. Once submitted,                              Submittals                                        November 5, 2012. 77 FR 66388. Since


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Document Created: 2018-10-25 10:31:32
Document Modified: 2018-10-25 10:31:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis 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.
ContactAriel 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: [email protected]
FR Citation82 FR 52655 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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