83_FR_21264 83 FR 21174 - Approval and Promulgation of Implementation Plans; New Jersey; Motor Vehicle Enhanced Inspection and Maintenance Program

83 FR 21174 - Approval and Promulgation of Implementation Plans; New Jersey; Motor Vehicle Enhanced Inspection and Maintenance Program

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 90 (May 9, 2018)

Page Range21174-21178
FR Document2018-09788

The Environmental Protection Agency (EPA) is approving a request from New Jersey to revise its State Implementation Plan (SIP) to incorporate revisions to the motor vehicle enhanced inspection and maintenance (I/M) program. New Jersey has made several amendments to its I/M program and has requested that the SIP be revised to include these changes. EPA is approving New Jersey's amendments to its I/M program to discontinue idle tests on model years 1995 and older light duty gasoline vehicles, idle tests on heavy-duty gasoline vehicles and gas cap leak testing. In addition, heavy-duty gasoline vehicles equipped with on-board diagnostics (OBD) will be subject to OBD testing with this revision. The intended effect of this action is to maintain consistency between the State-adopted rules and the federally approved SIP.

Federal Register, Volume 83 Issue 90 (Wednesday, May 9, 2018)
[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Rules and Regulations]
[Pages 21174-21178]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09788]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2017-0101; FRL-9977-61--Region 2]


Approval and Promulgation of Implementation Plans; New Jersey; 
Motor Vehicle Enhanced Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
request from New Jersey to revise its State Implementation Plan (SIP) 
to incorporate revisions to the motor vehicle enhanced inspection and 
maintenance (I/M) program. New Jersey has made several amendments to 
its I/M program and has requested that the SIP be revised to include 
these changes. EPA is approving New Jersey's amendments to its I/M 
program to discontinue idle tests on model years 1995 and older light 
duty gasoline vehicles, idle tests on heavy-duty gasoline vehicles and 
gas cap leak testing. In addition, heavy-duty gasoline vehicles 
equipped with on-board diagnostics (OBD) will be subject to OBD testing 
with this revision. The intended effect of this action is to maintain 
consistency between the State-adopted rules and the federally approved 
SIP.

DATES: This rule is effective on June 8, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R02-OAR-2017-0101. All documents in the docket are 
listed on the www.regulations.gov website. Although listed in the 
index, some information is not publicly available, e.g., confidential 
business information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available through www.regulations.gov, or please contact the person 
identified in the For Further Information Contact section for 
additional availability information.

FOR FURTHER INFORMATION CONTACT:  Reema Loutan, Air Programs Branch, 
U.S. Environmental Protection Agency, 290 Broadway, 25th Floor, New 
York, New York 10007, at (212) 637-3760, or by email at 
loutan.reema@epa.gov.

SUPPLEMENTARY INFORMATION:

I. What action is the EPA taking today?
II. What was submitted by the NJDEP and how did the EPA respond?
III. What comments were received in response to the EPA's proposed 
action?
IV. What is the EPA's conclusion?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What action is the EPA taking today?

    The EPA is approving a request from New Jersey to revise its SIP to 
incorporate revisions to the enhanced inspection and maintenance (I/M) 
program.

II. What was submitted by the NJDEP and how did the EPA respond?

    On September 16, 2016, New Jersey submitted to the EPA revisions to 
the New Jersey SIP pertaining to New Jersey's motor vehicle enhanced I/
M program. On October 6, 2017 (82 FR 46742), the EPA published a notice 
of proposed rulemaking to approve the revisions to the SIP for New 
Jersey's I/M program. The revisions submitted by New Jersey include:
     Discontinuing the two-speed idle tests on model year 1981-
1995 light duty gasoline vehicles, idle tests on pre-1981 model year 
light duty gasoline vehicles, and idle tests on heavy-duty gasoline 
vehicles;
     Discontinuing the smoke opacity test for diesel-powered 
vehicles equipped with an on-board diagnostic (OBD) system;
     Discontinuing the rolling acceleration smoke opacity test 
and the power brake smoke opacity test for heavy-duty diesel motor 
vehicles;
     Replacing the fuel cap leak test or gas cap test for 
gasoline-fueled vehicles with a visual gas cap check to ensure the gas 
cap is present;
     Requiring an OBD test for every vehicle subject to 
inspection that is required by the EPA to be equipped with an OBD 
system;
     Requiring inspections for commercial vehicles;
     Requiring that re-inspections of all vehicles be performed 
at New Jersey's decentralized I/M facilities;
     Adding procedures for the diesel exhaust after-treatment 
checks; and
     Authorizing inspectors of both gasoline and diesel 
vehicles to fail a vehicle if it is determined that there has been 
tampering with the vehicle's emission controls.
    The EPA's rationale for the proposed approval of the SIP revision 
was presented in the October 6, 2017 proposal, referenced above, and 
will not be restated here.

III. What comments were received in response to the EPA's proposed 
action?

    The proposed action provided a 30-day public comment period. During 
this period, two comments were received. One comment discussed 
greenhouse gas concerns and is not relevant to the content of the I/M 
SIP revision submitted by New Jersey. The second comment and EPA's 
response is discussed below.
    Comment #2: An anonymous commenter asked ``Why would we not test 
and control idling emissions? What is to be gained by not ensuring that 
this doesn't allow harmful toxins and particulate matter into the air? 
Do you want your child on line for the school bus that is idling and 
spewing?''
    Response: Under this SIP revision, New Jersey's revised SIP will 
expand inspection test requirements to all vehicles with OBD systems 
that are covered by New Jersey I/M testing program. Light duty gasoline 
vehicles from model year 1996 and later, and heavy-duty engines and 
vehicles between 8,500 and 14,000 pounds gross vehicle weight rating 
from 2008 and later are all required by EPA regulations to have OBD 
systems.
    The OBD system processes readings from sensors in the engine and 
along the exhaust system to monitor and record indicators of engine 
performance, performance of the fuel delivery system, and functioning 
of the emission control system. The OBD system thus monitors for nearly 
all potential emission control component malfunctions that may cause 
excess vehicle emissions, and an OBD inspection test provides 
technicians with timely and accurate emissions data and flags 
malfunctions early, which helps vehicle owners better maintain their 
vehicles. Thus, OBD inspection tests play a key role in helping states 
meet national air quality standards, and offers significant benefits to 
state and local agencies working to improve air quality through vehicle 
inspection and maintenance programs.
    New Jersey's SIP revision does eliminate tailpipe idle tests for 
model year 1995 and earlier light duty vehicles and all heavy-duty 
gasoline vehicles. However, the number of vehicles that will no longer 
require idle testing and that also do not have OBD systems is a small 
proportion of vehicles in New

[[Page 21175]]

Jersey, and is reducing in volume each year. In 2006, pre-1996 model 
year vehicles subject to inspection under the existing rules 
represented 30% of initial inspections, whereas those vehicles 
represented only 3% of initial inspections in 2016.
    The commenter also expressed concern regarding school buses. All 
school buses in New Jersey undergo an annual emissions test, either an 
OBD test for gasoline vehicles or smoke opacity for the larger diesel 
vehicles. Finally, New Jersey's motor vehicle idling laws regarding 
driving behavior remain in effect and are unaffected by this 
rulemaking.

IV. What is the EPA's conclusion?

    The EPA is approving New Jersey's revised I/M program discussed in 
the Notice of Proposed Rulemaking titled ``Approval and Promulgation of 
Implementation Plans; New Jersey; Motor Vehicle Enhanced Inspection and 
Maintenance Program'' (82 FR 46742). The EPA is approving New Jersey's 
request to eliminate exhaust emission tests or tailpipe testing for all 
gasoline-powered motor vehicles and require OBD testing for all 
vehicles, including heavy-duty gasoline vehicles, that are subject to 
inspection and required by the EPA to be equipped with an OBD system. 
The EPA is also approving New Jersey's revised procedures for diesel 
exhaust after-treatment checks, standards for fuel leak checks, and 
implementation of a visual gas cap check to ensure that the gas cap is 
present on gasoline-powered vehicles (as a replacement for the fuel cap 
leak test). For heavy-duty diesel-powered vehicles, the EPA is 
approving New Jersey's repeal of the rolling acceleration smoke opacity 
test and the power brake smoke opacity test. The State demonstrated 
that neither the elimination of the tailpipe tests nor the other 
amendments made under this SIP revision will result in an adverse 
impact to air quality. Please refer to the October 6, 2017 proposed 
rulemaking (82 FR 46742) for further details on all approved measures. 
The EPA's authority to approve New Jersey's enhanced I/M program is set 
forth at sections 110 and 182 of the Clean Air Act.

V. Incorporation by Reference

    In this rule, the 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 revisions 
to portions of Title 7, Chapter 27: Subchapters 14 and 15; Chapter 27A: 
Subchapter 3; Chapter 27B: Subchapters 4 and 5; and Title 13, Chapter 
20: Subchapter 7, Subchapter 26, Subchapter 32, Subchapter 33, 
Subchapter 43 and Subchapter 44 of the New Jersey Administrative Code 
that implement New Jersey's Enhanced I/M Program, as described in 
section II of this preamble.
    The EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov and at the EPA Region 2 
Office (please contact the person identified in the For Further 
Information Contact section of this preamble for more information). 
These materials have been approved by the EPA for inclusion in the 
State implementation plan, have been incorporated by reference by the 
EPA into that plan, are fully federally enforceable under sections 110 
and 113 of the CAA as of the effective date of the final rulemaking of 
the EPA's approval, and will be incorporated by reference by the 
Director of the Federal Register in the next update to the SIP 
compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. 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, the 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 Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 the 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 the 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. The 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 July 9, 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

[[Page 21176]]

petition for judicial review may be filed, and shall not postpone the 
effectiveness of such rule or action. This action may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Intergovernmental relations, Lead, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

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

    Dated: April 19, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.

    Part 52 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 FF--New Jersey

0
2. In Sec.  52.1570, the table in paragraph (c) is amended by:
0
a. Removing the entry ``Title 7, Chapter 27, Subchapter 14, Sections 
14.2(old)''.
0
b. Revising the entries ``Title 7, Chapter 27, Subchapter 14, Section 
14.1'', ``Title 7, Chapter 27, Subchapter 14, Section 14.2'', and 
``Title 7, Chapter 27, Subchapter 14, Section 14.3''.
0
c. Adding the entries ``Title 7, Chapter 27, Subchapter 14, Section 
14.4'', ``Title 7, Chapter 27, Subchapter 14, Section 14.5'', ``Title 
7, Chapter 27, Subchapter 14, Section 14.6'', ``Title 7, Chapter 27, 
Subchapter 14, Section 14.7'', ``Title 7, Chapter 27, Subchapter 14, 
Section 14.10'', and ``Title 7, Chapter 27, Subchapter 14, Appendix'' 
in numerical order.
0
d. Revising the entry ``Title 7, Chapter 27, Subchapter 15''.
0
e. Adding the entry ``Title 7, Chapter 27A, Subchapter 3, Section 
3.10'' after the entry ``Title 7, Chapter 27, Subchapter 34''.
0
f. Adding entries ``Title 7, Chapter 27B, Subchapter 4, Section 4.1'', 
``Title 7, Chapter 27B, Subchapter 4, Section 4.2'', ``Title 7, Chapter 
27B, Subchapter 4, Section 4.3'', ``Title 7, Chapter 27B, Subchapter 4, 
Section 4.6'', ``Title 7, Chapter 27B, Subchapter 4, Section 4.7'', and 
``Title 7, Chapter 27B, Subchapter 4, Section 4.8'' in numerical order 
after the entry ``Title 7, Chapter 27B, Subchapter 3''.
0
g. Revising the entry ``Title 7, Chapter 27B, Subchapter 5''.
0
h. Removing the entry ``Title 13, Chapter 20, Subchapter 7, Sections: 
7.1, 7.2, 7.3, 7.4, 7.5, and 7.6''.
0
i. Adding the entries ``Title 13, Chapter 20, Subchapter 7.1'', ``Title 
13, Chapter 20, Subchapter 7.2'', ``Title 13, Chapter 20, Subchapter 
7.3'', ``Title 13, Chapter 20, Subchapter 7.4'', ``Title 13, Chapter 
20, Subchapter 7.5'', and ``Title 13, Chapter 20, Subchapter 7.6'' in 
numerical order after the entry ``Title 7, Chapter 27B, Subchapter 5''.
0
j. Removing the entry ``Title 13, Chapter 20, Subchapter 26, Sections 
26.2 and 26.16''.
0
k. Adding the entries ``Title 13, Chapter 20, Subchapter 26, Section 
26.2'', ``Title 13, Chapter 20, Subchapter 26, Section 26.11'', ``Title 
13, Chapter 20, Subchapter 26, Section 26.12'', ``Title 13, Chapter 20, 
Subchapter 26, Section 26.16'', and ``Title 13, Chapter 20, Subchapter 
26, Section 26.17'' in numerical order after the entry ``Title 13, 
Chapter 20, Subchapter 24, Section 20''.
0
l. Revising the entries ``Title 13, Chapter 20, Subchapter 32'', 
``Title 13, Chapter 20, Subchapter 33'', ``Title 13, Chapter 20, 
Subchapter 43'', and ``Title 13, Chapter 20, Subchapter 44''.
    The revisions and additions read as follows:


Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *

                                    EPA-Approved New Jersey State Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State effective
         State citation             Title/subject           date         EPA approval date        Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Title 7, Chapter 27, Subchapter  Control and           October 3, 2016  May 9, 2018, EPA    ....................
 14, Section 14.1.                Prohibition of                         approval
                                  Air Pollution                          finalized at
                                  from Diesel-                           [insert Federal
                                  Powered Motor                          Register
                                  Vehicles/                              citation].
                                  Definitions.
Title 7, Chapter 27, Subchapter  Control and           October 3, 2016  May 9, 2018, EPA    ....................
 14, Section 14.2.                Prohibition of                         approval
                                  Air Pollution                          finalized at
                                  from Diesel-                           [insert Federal
                                  Powered Motor                          Register
                                  Vehicles/                              citation].
                                  Applicability.
Title 7, Chapter 27, Subchapter  Control and           October 3, 2016  May 9, 2018, EPA    ....................
 14, Section 14.3.                Prohibition of                         approval
                                  Air Pollution                          finalized at
                                  from Diesel-                           [insert Federal
                                  Powered Motor                          Register
                                  Vehicles/General                       citation].
                                  prohibitions.
Title 7, Chapter 27, Subchapter  Control and           October 3, 2016  May 9, 2018, EPA    ....................
 14, Section 14.4.                Prohibition of                         approval
                                  Air Pollution                          finalized at
                                  from Diesel-                           [insert Federal
                                  Powered Motor                          Register
                                  Vehicles/General                       citation].
                                  public highway
                                  standards.
Title 7, Chapter 27, Subchapter  Control and           October 3, 2016  May 9, 2018, EPA    ....................
 14, Section 14.5.                Prohibition of                         approval
                                  Air Pollution                          finalized at
                                  from Diesel-                           [insert Federal
                                  Powered Motor                          Register
                                  Vehicles/Motor                         citation].
                                  vehicle
                                  inspections.
Title 7, Chapter 27, Subchapter  Control and           October 3, 2016  May 9, 2018, EPA    ....................
 14, Section 14.6.                Prohibition of                         approval
                                  Air Pollution                          finalized at
                                  from Diesel-                           [insert Federal
                                  Powered Motor                          Register
                                  Vehicles/Motor                         citation].
                                  vehicle standards.
Title 7, Chapter 27, Subchapter  Control and           October 3, 2016  May 9, 2018, EPA    ....................
 14, Section 14.7.                Prohibition of                         approval
                                  Air Pollution                          finalized at
                                  from Diesel-                           [insert Federal
                                  Powered Motor                          Register
                                  Vehicles/Licensed                      citation].
                                  emissions
                                  inspectors.

[[Page 21177]]

 
Title 7, Chapter 27, Subchapter  Control and           October 3, 2016  May 9, 2018, EPA    ....................
 14, Section 14.10.               Prohibition of                         approval
                                  Air Pollution                          finalized at
                                  from Diesel-                           [insert Federal
                                  Powered Motor                          Register
                                  Vehicles/                              citation].
                                  Penalties.
Title 7, Chapter 27, Subchapter  Control and           October 3, 2016  May 9, 2018, EPA    ....................
 14, Appendix.                    Prohibition of                         approval
                                  Air Pollution                          finalized at
                                  from Diesel-                           [insert Federal
                                  Powered Motor                          Register
                                  Vehicles/Appendix.                     citation].
Title 7, Chapter 27, Subchapter  Control and           October 3, 2016  May 9, 2018, EPA    ....................
 15.                              Prohibition of                         approval
                                  Air Pollution                          finalized at
                                  from Gasoline-                         [insert Federal
                                  Fueled Motor                           Register
                                  Vehicles/                              citation].
                                  Definition.
 
                                                  * * * * * * *
Title 7, Chapter 27A,            Civil                 October 3, 2016  May 9, 2018, EPA    ....................
 Subchapter 3, Section 3.10.      Administrative                         approval
                                  Penalties and                          finalized at
                                  Requests for                           [insert Federal
                                  Adjudicatory                           Register
                                  Hearings.                              citation].
 
                                                  * * * * * * *
Title 7, Chapter 27B,            Air Test Method 4:    October 3, 2016  May 9, 2018, EPA    ....................
 Subchapter 4, Section 4.1.       Testing                                approval
                                  Procedures for                         finalized at
                                  Diesel-Powered                         [insert Federal
                                  Motor Vehicles.                        Register
                                                                         citation].
Title 7, Chapter 27B,            Air Test Method 4:    October 3, 2016  May 9, 2018, EPA    ....................
 Subchapter 4, Section 4.2.       Testing                                approval
                                  Procedures for                         finalized at
                                  Diesel-Powered                         [insert Federal
                                  Motor Vehicles.                        Register
                                                                         citation].
Title 7, Chapter 27B,            Air Test Method 4:    October 3, 2016  May 9, 2018, EPA    ....................
 Subchapter 4, Section 4.3.       Testing                                approval
                                  Procedures for                         finalized at
                                  Diesel-Powered                         [insert Federal
                                  Motor Vehicles.                        Register
                                                                         citation].
Title 7, Chapter 27B,            Air Test Method 4:    October 3, 2016  May 9, 2018, EPA    ....................
 Subchapter 4, Section 4.6.       Testing                                approval
                                  Procedures for                         finalized at
                                  Diesel-Powered                         [insert Federal
                                  Motor Vehicles.                        Register
                                                                         citation].
Title 7, Chapter 27B,            Air Test Method 4:    October 3, 2016  May 9, 2018, EPA    ....................
 Subchapter 4, Section 4.7.       Testing                                approval
                                  Procedures for                         finalized at
                                  Diesel-Powered                         [insert Federal
                                  Motor Vehicles.                        Register
                                                                         citation].
Title 7, Chapter 27B,            Air Test Method 4:    October 3, 2016  May 9, 2018, EPA    ....................
 Subchapter 4, Section 4.8.       Testing                                approval
                                  Procedures for                         finalized at
                                  Diesel-Powered                         [insert Federal
                                  Motor Vehicles.                        Register
                                                                         citation].
Title 7, Chapter 27B,            Air Test Method 5:    October 3, 2016  May 9, 2018, EPA    ....................
 Subchapter 5.                    Testing                                approval
                                  Procedures for                         finalized at
                                  Gasoline-Fueled                        [insert Federal
                                  Motor Vehicles.                        Register
                                                                         citation].
Title 13, Chapter 20,            Vehicle                April 26, 2016  May 9, 2018, EPA    ....................
 Subchapter 7.1.                  Inspections.                           approval
                                                                         finalized at
                                                                         [insert Federal
                                                                         Register
                                                                         citation].
Title 13, Chapter 20,            Vehicle                April 26, 2016  May 9, 2018, EPA    ....................
 Subchapter 7.2.                  Inspections.                           approval
                                                                         finalized at
                                                                         [insert Federal
                                                                         Register
                                                                         citation].
Title 13, Chapter 20,            Vehicle                April 26, 2016  May 9, 2018, EPA    ....................
 Subchapter 7.3.                  Inspections.                           approval
                                                                         finalized at
                                                                         [insert Federal
                                                                         Register
                                                                         citation].
Title 13, Chapter 20,            Vehicle                April 26, 2016  May 9, 2018, EPA    ....................
 Subchapter 7.4.                  Inspections.                           approval
                                                                         finalized at
                                                                         [insert Federal
                                                                         Register
                                                                         citation].
Title 13, Chapter 20,            Vehicle                April 26, 2016  May 9, 2018, EPA    ....................
 Subchapter 7.5.                  Inspections.                           approval
                                                                         finalized at
                                                                         [insert Federal
                                                                         Register
                                                                         citation].
Title 13, Chapter 20,            Vehicle                April 26, 2016  May 9, 2018, EPA    ....................
 Subchapter 7.6.                  Inspections.                           approval
                                                                         finalized at
                                                                         [insert Federal
                                                                         Register
                                                                         citation].
 
                                                  * * * * * * *
Title 13, Chapter 20,            Compliance with        April 26, 2016  May 9, 2018, EPA    ....................
 Subchapter 26, Section 26.2.     Diesel Emission                        approval
                                  Standards and                          finalized at
                                  Equipment,                             [insert Federal
                                  Periodic                               Register
                                  Inspection                             citation].
                                  Program for
                                  Diesel Emissions,
                                  and Self-
                                  Inspection of
                                  Certain Classes
                                  of Motor Vehicles.
Title 13, Chapter 20,            Compliance with        April 26, 2016  May 9, 2018, EPA    ....................
 Subchapter 26, Section 26.11.    Diesel Emission                        approval
                                  Standards and                          finalized at
                                  Equipment,                             [insert Federal
                                  Periodic                               Register
                                  Inspection                             citation].
                                  Program for
                                  Diesel Emissions,
                                  and Self-
                                  Inspection of
                                  Certain Classes
                                  of Motor Vehicles.

[[Page 21178]]

 
Title 13, Chapter 20,            Compliance with        April 26, 2016  May 9, 2018, EPA    ....................
 Subchapter 26, Section 26.12.    Diesel Emission                        approval
                                  Standards and                          finalized at
                                  Equipment,                             [insert Federal
                                  Periodic                               Register
                                  Inspection                             citation].
                                  Program for
                                  Diesel Emissions,
                                  and Self-
                                  Inspection of
                                  Certain Classes
                                  of Motor Vehicles.
Title 13, Chapter 20,            Compliance with        April 26, 2016  May 9, 2018, EPA    ....................
 Subchapter 26, Section 26.16.    Diesel Emission                        approval
                                  Standards and                          finalized at
                                  Equipment,                             [insert Federal
                                  Periodic                               Register
                                  Inspection                             citation].
                                  Program for
                                  Diesel Emissions,
                                  and Self-
                                  Inspection of
                                  Certain Classes
                                  of Motor Vehicles.
Title 13, Chapter 20,            Compliance with        April 26, 2016  May 9, 2018, EPA    ....................
 Subchapter 26, Section 26.17.    Diesel Emission                        approval
                                  Standards and                          finalized at
                                  Equipment,                             [insert Federal
                                  Periodic                               Register
                                  Inspection                             citation].
                                  Program for
                                  Diesel Emissions,
                                  and Self-
                                  Inspection of
                                  Certain Classes
                                  of Motor Vehicles.
 
                                                  * * * * * * *
Title 13, Chapter 20,            Inspection             April 26, 2016  May 9, 2018, EPA    ....................
 Subchapter 32.                   Standards and                          approval
                                  Test Procedures                        finalized at
                                  to be Used by                          [insert Federal
                                  Official                               Register
                                  Inspection                             citation].
                                  Facilities.
Title 13, Chapter 20,            Inspection             April 26, 2016  May 9, 2018, EPA    ....................
 Subchapter 33.                   Standards and                          approval
                                  Test Procedures                        finalized at
                                  to be Used by                          [insert Federal
                                  Licensed Private                       Register
                                  Inspection                             citation].
                                  Facilities.
Title 13, Chapter 20,            Enhanced Motor         April 26, 2016  May 9, 2018, EPA    ....................
 Subchapter 43.                   Vehicle                                approval
                                  Inspection and                         finalized at
                                  Maintenance                            [insert Federal
                                  Program.                               Register
                                                                         citation].
Title 13, Chapter 20,            Private Inspection     April 26, 2016  May 9, 2018, EPA    ....................
 Subchapter 44.                   Facility                               approval
                                  Licensing.                             finalized at
                                                                         [insert Federal
                                                                         Register
                                                                         citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-09788 Filed 5-8-18; 8:45 am]
 BILLING CODE 6560-50-P



                                           21174              Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Rules and Regulations

                                           regulated area as well as any changes in                the person identified in the FOR FURTHER              vehicle if it is determined that there has
                                           the dates and times of enforcement.                     INFORMATION CONTACT    section for                    been tampering with the vehicle’s
                                             Dated: April 23, 2018.                                additional availability information.                  emission controls.
                                                                                                   FOR FURTHER INFORMATION CONTACT:                        The EPA’s rationale for the proposed
                                           R. Tamez,
                                                                                                   Reema Loutan, Air Programs Branch,                    approval of the SIP revision was
                                           Captain, U.S. Coast Guard, Captain of the                                                                     presented in the October 6, 2017
                                           Port Sector Lower Mississippi River.                    U.S. Environmental Protection Agency,
                                                                                                   290 Broadway, 25th Floor, New York,                   proposal, referenced above, and will not
                                           [FR Doc. 2018–09908 Filed 5–8–18; 8:45 am]
                                                                                                   New York 10007, at (212) 637–3760, or                 be restated here.
                                           BILLING CODE 9110–04–P
                                                                                                   by email at loutan.reema@epa.gov.                     III. What comments were received in
                                                                                                   SUPPLEMENTARY INFORMATION:                            response to the EPA’s proposed action?
                                           ENVIRONMENTAL PROTECTION                                I. What action is the EPA taking today?                  The proposed action provided a 30-
                                           AGENCY                                                  II. What was submitted by the NJDEP and               day public comment period. During this
                                                                                                        how did the EPA respond?                         period, two comments were received.
                                           40 CFR Part 52                                          III. What comments were received in                   One comment discussed greenhouse gas
                                                                                                        response to the EPA’s proposed action?
                                           [EPA–R02–OAR–2017–0101; FRL–9977–                                                                             concerns and is not relevant to the
                                                                                                   IV. What is the EPA’s conclusion?
                                           61—Region 2]                                            V. Incorporation by Reference
                                                                                                                                                         content of the I/M SIP revision
                                                                                                   VI. Statutory and Executive Order Reviews             submitted by New Jersey. The second
                                           Approval and Promulgation of                                                                                  comment and EPA’s response is
                                           Implementation Plans; New Jersey;                       I. What action is the EPA taking today?               discussed below.
                                           Motor Vehicle Enhanced Inspection                          The EPA is approving a request from                   Comment #2: An anonymous
                                           and Maintenance Program                                 New Jersey to revise its SIP to                       commenter asked ‘‘Why would we not
                                                                                                   incorporate revisions to the enhanced                 test and control idling emissions? What
                                           AGENCY:  Environmental Protection                                                                             is to be gained by not ensuring that this
                                           Agency (EPA).                                           inspection and maintenance (I/M)
                                                                                                   program.                                              doesn’t allow harmful toxins and
                                           ACTION: Final rule.                                                                                           particulate matter into the air? Do you
                                                                                                   II. What was submitted by the NJDEP                   want your child on line for the school
                                           SUMMARY:    The Environmental Protection                and how did the EPA respond?                          bus that is idling and spewing?’’
                                           Agency (EPA) is approving a request                                                                              Response: Under this SIP revision,
                                           from New Jersey to revise its State                        On September 16, 2016, New Jersey
                                                                                                   submitted to the EPA revisions to the                 New Jersey’s revised SIP will expand
                                           Implementation Plan (SIP) to                                                                                  inspection test requirements to all
                                           incorporate revisions to the motor                      New Jersey SIP pertaining to New
                                                                                                   Jersey’s motor vehicle enhanced I/M                   vehicles with OBD systems that are
                                           vehicle enhanced inspection and                                                                               covered by New Jersey I/M testing
                                           maintenance (I/M) program. New Jersey                   program. On October 6, 2017 (82 FR
                                                                                                   46742), the EPA published a notice of                 program. Light duty gasoline vehicles
                                           has made several amendments to its                                                                            from model year 1996 and later, and
                                           I/M program and has requested that the                  proposed rulemaking to approve the
                                                                                                   revisions to the SIP for New Jersey’s                 heavy-duty engines and vehicles
                                           SIP be revised to include these changes.                                                                      between 8,500 and 14,000 pounds gross
                                           EPA is approving New Jersey’s                           I/M program. The revisions submitted
                                                                                                   by New Jersey include:                                vehicle weight rating from 2008 and
                                           amendments to its I/M program to
                                           discontinue idle tests on model years                      • Discontinuing the two-speed idle                 later are all required by EPA regulations
                                                                                                   tests on model year 1981–1995 light                   to have OBD systems.
                                           1995 and older light duty gasoline                                                                               The OBD system processes readings
                                           vehicles, idle tests on heavy-duty                      duty gasoline vehicles, idle tests on pre-
                                                                                                   1981 model year light duty gasoline                   from sensors in the engine and along the
                                           gasoline vehicles and gas cap leak                                                                            exhaust system to monitor and record
                                           testing. In addition, heavy-duty gasoline               vehicles, and idle tests on heavy-duty
                                                                                                   gasoline vehicles;                                    indicators of engine performance,
                                           vehicles equipped with on-board
                                           diagnostics (OBD) will be subject to                       • Discontinuing the smoke opacity                  performance of the fuel delivery system,
                                                                                                   test for diesel-powered vehicles                      and functioning of the emission control
                                           OBD testing with this revision. The                                                                           system. The OBD system thus monitors
                                           intended effect of this action is to                    equipped with an on-board diagnostic
                                                                                                   (OBD) system;                                         for nearly all potential emission control
                                           maintain consistency between the State-
                                                                                                      • Discontinuing the rolling                        component malfunctions that may cause
                                           adopted rules and the federally                                                                               excess vehicle emissions, and an OBD
                                                                                                   acceleration smoke opacity test and the
                                           approved SIP.                                                                                                 inspection test provides technicians
                                                                                                   power brake smoke opacity test for
                                           DATES: This rule is effective on June 8,                                                                      with timely and accurate emissions data
                                                                                                   heavy-duty diesel motor vehicles;
                                           2018.                                                      • Replacing the fuel cap leak test or              and flags malfunctions early, which
                                           ADDRESSES: The EPA has established a                    gas cap test for gasoline-fueled vehicles             helps vehicle owners better maintain
                                           docket for this action under Docket ID                  with a visual gas cap check to ensure                 their vehicles. Thus, OBD inspection
                                           No. EPA–R02–OAR–2017–0101. All                          the gas cap is present;                               tests play a key role in helping states
                                           documents in the docket are listed on                      • Requiring an OBD test for every                  meet national air quality standards, and
                                           the www.regulations.gov website.                        vehicle subject to inspection that is                 offers significant benefits to state and
                                           Although listed in the index, some                      required by the EPA to be equipped                    local agencies working to improve air
                                           information is not publicly available,                  with an OBD system;                                   quality through vehicle inspection and
                                           e.g., confidential business information                    • Requiring inspections for                        maintenance programs.
                                           or other information whose disclosure is                commercial vehicles;                                     New Jersey’s SIP revision does
                                           restricted by statute. Certain other                       • Requiring that re-inspections of all             eliminate tailpipe idle tests for model
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                                           material, such as copyrighted material,                 vehicles be performed at New Jersey’s                 year 1995 and earlier light duty vehicles
                                           is not placed on the internet and will be               decentralized I/M facilities;                         and all heavy-duty gasoline vehicles.
                                           publicly available only in hard copy                       • Adding procedures for the diesel                 However, the number of vehicles that
                                           form. Publicly available docket                         exhaust after-treatment checks; and                   will no longer require idle testing and
                                           materials are available through                            • Authorizing inspectors of both                   that also do not have OBD systems is a
                                           www.regulations.gov, or please contact                  gasoline and diesel vehicles to fail a                small proportion of vehicles in New


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                                                              Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Rules and Regulations                                           21175

                                           Jersey, and is reducing in volume each                  Subchapter 3; Chapter 27B: Subchapters                in the Unfunded Mandates Reform Act
                                           year. In 2006, pre-1996 model year                      4 and 5; and Title 13, Chapter 20:                    of 1995 (Pub. L. 104–4);
                                           vehicles subject to inspection under the                Subchapter 7, Subchapter 26,                             • Does not have Federalism
                                           existing rules represented 30% of initial               Subchapter 32, Subchapter 33,                         implications as specified in Executive
                                           inspections, whereas those vehicles                     Subchapter 43 and Subchapter 44 of the                Order 13132 (64 FR 43255, August 10,
                                           represented only 3% of initial                          New Jersey Administrative Code that                   1999);
                                           inspections in 2016.                                    implement New Jersey’s Enhanced I/M                      • Is not an economically significant
                                             The commenter also expressed                          Program, as described in section II of                regulatory action based on health or
                                           concern regarding school buses. All                     this preamble.                                        safety risks subject to Executive Order
                                           school buses in New Jersey undergo an                      The EPA has made, and will continue                13045 (62 FR 19885, April 23, 1997);
                                           annual emissions test, either an OBD                    to make, these materials generally                       • Is not a significant regulatory action
                                           test for gasoline vehicles or smoke                     available through www.regulations.gov                 subject to Executive Order 13211 (66 FR
                                           opacity for the larger diesel vehicles.                 and at the EPA Region 2 Office (please                28355, May 22, 2001);
                                           Finally, New Jersey’s motor vehicle                     contact the person identified in the FOR                 • Is not subject to requirements of
                                           idling laws regarding driving behavior                  FURTHER INFORMATION CONTACT section of                section 12(d) of the National
                                           remain in effect and are unaffected by                  this preamble for more information).                  Technology Transfer and Advancement
                                           this rulemaking.                                        These materials have been approved by                 Act of 1995 (15 U.S.C. 272 note) because
                                                                                                   the EPA for inclusion in the State                    application of those requirements would
                                           IV. What is the EPA’s conclusion?                                                                             be inconsistent with the Clean Air Act;
                                                                                                   implementation plan, have been
                                              The EPA is approving New Jersey’s                    incorporated by reference by the EPA                  and
                                           revised I/M program discussed in the                    into that plan, are fully federally                      • Does not provide the EPA with the
                                           Notice of Proposed Rulemaking titled                    enforceable under sections 110 and 113                discretionary authority to address, as
                                           ‘‘Approval and Promulgation of                          of the CAA as of the effective date of the            appropriate, disproportionate human
                                           Implementation Plans; New Jersey;                       final rulemaking of the EPA’s approval,               health or environmental effects, using
                                           Motor Vehicle Enhanced Inspection and                   and will be incorporated by reference by              practicable and legally permissible
                                           Maintenance Program’’ (82 FR 46742).                    the Director of the Federal Register in               methods, under Executive Order 12898
                                           The EPA is approving New Jersey’s                       the next update to the SIP compilation.1              (59 FR 7629, February 16, 1994).
                                           request to eliminate exhaust emission                                                                            In addition, the SIP is not approved
                                           tests or tailpipe testing for all gasoline-             VI. Statutory and Executive Order                     to apply on any Indian reservation land
                                           powered motor vehicles and require                      Reviews                                               or in any other area where the EPA or
                                           OBD testing for all vehicles, including                    Under the Clean Air Act, the                       an Indian tribe has demonstrated that a
                                           heavy-duty gasoline vehicles, that are                  Administrator is required to approve a                tribe has jurisdiction. In those areas of
                                           subject to inspection and required by                   SIP submission that complies with the                 Indian country, the rule does not have
                                           the EPA to be equipped with an OBD                      provisions of the Act and applicable                  tribal implications and will not impose
                                           system. The EPA is also approving New                   Federal regulations. 42 U.S.C. 7410(k);               substantial direct costs on tribal
                                           Jersey’s revised procedures for diesel                  40 CFR 52.02(a). Thus, in reviewing SIP               governments or preempt tribal law as
                                           exhaust after-treatment checks,                         submissions, the EPA’s role is to                     specified by Executive Order 13175 (65
                                           standards for fuel leak checks, and                     approve state choices, provided that                  FR 67249, November 9, 2000).
                                           implementation of a visual gas cap                      they meet the criteria of the Clean Air                  The Congressional Review Act, 5
                                           check to ensure that the gas cap is                     Act. Accordingly, this action merely                  U.S.C. 801 et seq., as added by the Small
                                           present on gasoline-powered vehicles                    approves state law as meeting Federal                 Business Regulatory Enforcement
                                           (as a replacement for the fuel cap leak                 requirements and does not impose                      Fairness Act of 1996, generally provides
                                           test). For heavy-duty diesel-powered                    additional requirements beyond those                  that before a rule may take effect, the
                                           vehicles, the EPA is approving New                      imposed by state law. For that reason,                agency promulgating the rule must
                                           Jersey’s repeal of the rolling acceleration             this action:                                          submit a rule report, which includes a
                                           smoke opacity test and the power brake                     • Is not a significant regulatory action           copy of the rule, to each House of the
                                           smoke opacity test. The State                           subject to review by the Office of                    Congress and to the Comptroller General
                                           demonstrated that neither the                           Management and Budget under                           of the United States. The EPA will
                                           elimination of the tailpipe tests nor the               Executive Orders 12866 (58 FR 51735,                  submit a report containing this action
                                           other amendments made under this SIP                    October 4, 1993) and 13563 (76 FR 3821,               and other required information to the
                                           revision will result in an adverse impact               January 21, 2011);                                    U.S. Senate, the U.S. House of
                                           to air quality. Please refer to the October                • Is not an Executive Order 13771 (82              Representatives, and the Comptroller
                                           6, 2017 proposed rulemaking (82 FR                      FR 9339, February 2, 2017) regulatory                 General of the United States prior to
                                           46742) for further details on all                       action because SIP approvals are                      publication of the rule in the Federal
                                           approved measures. The EPA’s                            exempted under Executive Order 12866;                 Register. A major rule cannot take effect
                                           authority to approve New Jersey’s                          • Does not impose an information                   until 60 days after it is published in the
                                           enhanced I/M program is set forth at                    collection burden under the provisions                Federal Register. This action is not a
                                           sections 110 and 182 of the Clean Air                   of the Paperwork Reduction Act (44                    ‘‘major rule’’ as defined by 5 U.S.C.
                                           Act.                                                    U.S.C. 3501 et seq.);                                 804(2).
                                                                                                      • Is certified as not having a                        Under section 307(b)(1) of the Clean
                                           V. Incorporation by Reference                           significant economic impact on a                      Air Act, petitions for judicial review of
                                             In this rule, the EPA is finalizing                   substantial number of small entities                  this action must be filed in the United
                                           regulatory text that includes                           under the Regulatory Flexibility Act (5               States Court of Appeals for the
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                                           incorporation by reference. In                          U.S.C. 601 et seq.);                                  appropriate circuit by July 9, 2018.
                                           accordance with requirements of 1 CFR                      • Does not contain any unfunded                    Filing a petition for reconsideration by
                                           51.5, the EPA is finalizing the                         mandate or significantly or uniquely                  the Administrator of this final rule does
                                           incorporation by reference of revisions                 affect small governments, as described                not affect the finality of this action for
                                           to portions of Title 7, Chapter 27:                                                                           the purposes of judicial review nor does
                                           Subchapters 14 and 15; Chapter 27A:                      1 62   FR 27968 (May 22, 1997).                      it extend the time within which a


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                                           21176              Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Rules and Regulations

                                           petition for judicial review may be filed,              ■ a. Removing the entry ‘‘Title 7,                    ■  h. Removing the entry ‘‘Title 13,
                                           and shall not postpone the effectiveness                Chapter 27, Subchapter 14, Sections                   Chapter 20, Subchapter 7, Sections: 7.1,
                                           of such rule or action. This action may                 14.2(old)’’.                                          7.2, 7.3, 7.4, 7.5, and 7.6’’.
                                           not be challenged later in proceedings to               ■ b. Revising the entries ‘‘Title 7,                  ■ i. Adding the entries ‘‘Title 13,
                                           enforce its requirements. (See section                  Chapter 27, Subchapter 14, Section                    Chapter 20, Subchapter 7.1’’, ‘‘Title 13,
                                           307(b)(2)).                                             14.1’’, ‘‘Title 7, Chapter 27, Subchapter             Chapter 20, Subchapter 7.2’’, ‘‘Title 13,
                                                                                                   14, Section 14.2’’, and ‘‘Title 7, Chapter            Chapter 20, Subchapter 7.3’’, ‘‘Title 13,
                                           List of Subjects in 40 CFR Part 52
                                                                                                   27, Subchapter 14, Section 14.3’’.                    Chapter 20, Subchapter 7.4’’, ‘‘Title 13,
                                             Environmental protection, Air                         ■ c. Adding the entries ‘‘Title 7, Chapter            Chapter 20, Subchapter 7.5’’, and ‘‘Title
                                           pollution control, Incorporation by                     27, Subchapter 14, Section 14.4’’, ‘‘Title            13, Chapter 20, Subchapter 7.6’’ in
                                           reference, Nitrogen dioxide,                            7, Chapter 27, Subchapter 14, Section                 numerical order after the entry ‘‘Title 7,
                                           Intergovernmental relations, Lead,                      14.5’’, ‘‘Title 7, Chapter 27, Subchapter             Chapter 27B, Subchapter 5’’.
                                           Ozone, Particulate matter, Reporting                    14, Section 14.6’’, ‘‘Title 7, Chapter 27,            ■ j. Removing the entry ‘‘Title 13,
                                           and recordkeeping requirements, Sulfur                  Subchapter 14, Section 14.7’’, ‘‘Title 7,             Chapter 20, Subchapter 26, Sections
                                           oxides, Volatile organic compounds.                     Chapter 27, Subchapter 14, Section                    26.2 and 26.16’’.
                                                                                                   14.10’’, and ‘‘Title 7, Chapter 27,                   ■ k. Adding the entries ‘‘Title 13,
                                               Authority: 42 U.S.C. 7401 et seq.                   Subchapter 14, Appendix’’ in numerical                Chapter 20, Subchapter 26, Section
                                             Dated: April 19, 2018.                                order.                                                26.2’’, ‘‘Title 13, Chapter 20, Subchapter
                                           Peter D. Lopez,                                         ■ d. Revising the entry ‘‘Title 7, Chapter            26, Section 26.11’’, ‘‘Title 13, Chapter
                                           Regional Administrator, Region 2.                       27, Subchapter 15’’.                                  20, Subchapter 26, Section 26.12’’,
                                                                                                   ■ e. Adding the entry ‘‘Title 7, Chapter              ‘‘Title 13, Chapter 20, Subchapter 26,
                                             Part 52 chapter I, title 40 of the Code               27A, Subchapter 3, Section 3.10’’ after               Section 26.16’’, and ‘‘Title 13, Chapter
                                           of Federal Regulations is amended as                    the entry ‘‘Title 7, Chapter 27,                      20, Subchapter 26, Section 26.17’’ in
                                           follows:                                                Subchapter 34’’.                                      numerical order after the entry ‘‘Title
                                                                                                   ■ f. Adding entries ‘‘Title 7, Chapter                13, Chapter 20, Subchapter 24, Section
                                           PART 52—APPROVAL AND                                    27B, Subchapter 4, Section 4.1’’, ‘‘Title             20’’.
                                           PROMULGATION OF                                         7, Chapter 27B, Subchapter 4, Section                 ■ l. Revising the entries ‘‘Title 13,
                                           IMPLEMENTATION PLANS                                    4.2’’, ‘‘Title 7, Chapter 27B, Subchapter             Chapter 20, Subchapter 32’’, ‘‘Title 13,
                                                                                                   4, Section 4.3’’, ‘‘Title 7, Chapter 27B,             Chapter 20, Subchapter 33’’, ‘‘Title 13,
                                           ■ 1. The authority citation for part 52                 Subchapter 4, Section 4.6’’, ‘‘Title 7,               Chapter 20, Subchapter 43’’, and ‘‘Title
                                           continues to read as follows:                           Chapter 27B, Subchapter 4, Section                    13, Chapter 20, Subchapter 44’’.
                                               Authority: 42 U.S.C. 7401 et seq.                   4.7’’, and ‘‘Title 7, Chapter 27B,                       The revisions and additions read as
                                                                                                   Subchapter 4, Section 4.8’’ in numerical              follows:
                                           Subpart FF—New Jersey                                   order after the entry ‘‘Title 7, Chapter
                                                                                                   27B, Subchapter 3’’.                                  § 52.1570   Identification of plan.
                                           ■ 2. In § 52.1570, the table in paragraph               ■ g. Revising the entry ‘‘Title 7, Chapter            *       *    *     *     *
                                           (c) is amended by:                                      27B, Subchapter 5’’.                                      (c) * * *

                                                                                          EPA–APPROVED NEW JERSEY STATE REGULATIONS
                                                                                                                                State effective                EPA approval
                                                       State citation                            Title/subject                                                                             Comments
                                                                                                                                     date                         date


                                                     *                *                            *                    *                       *                    *                         *
                                           Title 7, Chapter 27, Subchapter          Control and Prohibition of Air Pol-         October 3, 2016  May 9, 2018, EPA approval final-
                                              14, Section 14.1.                       lution from Diesel-Powered                                  ized at [insert Federal Register
                                                                                      Motor Vehicles/Definitions.                                 citation].
                                           Title 7, Chapter 27, Subchapter          Control and Prohibition of Air Pol-         October 3, 2016 May 9, 2018, EPA approval final-
                                              14, Section 14.2.                       lution from Diesel-Powered                                  ized at [insert Federal Register
                                                                                      Motor Vehicles/Applicability.                               citation].
                                           Title 7, Chapter 27, Subchapter          Control and Prohibition of Air Pol-         October 3, 2016 May 9, 2018, EPA approval final-
                                              14, Section 14.3.                       lution from Diesel-Powered                                  ized at [insert Federal Register
                                                                                      Motor Vehicles/General prohibi-                             citation].
                                                                                      tions.
                                           Title 7, Chapter 27, Subchapter          Control and Prohibition of Air Pol-         October 3, 2016     May 9, 2018, EPA approval final-
                                              14, Section 14.4.                       lution from Diesel-Powered                                     ized at [insert Federal Register
                                                                                      Motor Vehicles/General public                                  citation].
                                                                                      highway standards.
                                           Title 7, Chapter 27, Subchapter          Control and Prohibition of Air Pol-         October 3, 2016     May 9, 2018, EPA approval final-
                                              14, Section 14.5.                       lution from Diesel-Powered                                     ized at [insert Federal Register
                                                                                      Motor Vehicles/Motor vehicle                                   citation].
                                                                                      inspections.
                                           Title 7, Chapter 27, Subchapter          Control and Prohibition of Air Pol-         October 3, 2016     May 9, 2018, EPA approval final-
amozie on DSK3GDR082PROD with RULES




                                              14, Section 14.6.                       lution from Diesel-Powered                                     ized at [insert Federal Register
                                                                                      Motor Vehicles/Motor vehicle                                   citation].
                                                                                      standards.
                                           Title 7, Chapter 27, Subchapter          Control and Prohibition of Air Pol-         October 3, 2016     May 9, 2018, EPA approval final-
                                              14, Section 14.7.                       lution from Diesel-Powered                                     ized at [insert Federal Register
                                                                                      Motor Vehicles/Licensed emis-                                  citation].
                                                                                      sions inspectors.



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                                                              Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Rules and Regulations                                                21177

                                                                                 EPA–APPROVED NEW JERSEY STATE REGULATIONS—Continued
                                                                                                                                   State effective               EPA approval
                                                      State citation                             Title/subject                                                                              Comments
                                                                                                                                        date                        date

                                           Title 7, Chapter 27, Subchapter          Control and Prohibition of Air Pol-            October 3, 2016     May 9, 2018, EPA approval final-
                                              14, Section 14.10.                      lution from Diesel-Powered                                        ized at [insert Federal Register
                                                                                      Motor Vehicles/Penalties.                                         citation].
                                           Title 7, Chapter 27, Subchapter          Control and Prohibition of Air Pol-            October 3, 2016     May 9, 2018, EPA approval final-
                                              14, Appendix.                           lution from Diesel-Powered                                        ized at [insert Federal Register
                                                                                      Motor Vehicles/Appendix.                                          citation].
                                           Title 7, Chapter 27, Subchapter          Control and Prohibition of Air Pol-            October 3, 2016     May 9, 2018, EPA approval final-
                                              15.                                     lution from Gasoline-Fueled                                       ized at [insert Federal Register
                                                                                      Motor Vehicles/Definition.                                        citation].

                                                     *                 *                           *                   *                               *                    *                *
                                           Title 7, Chapter 27A, Subchapter         Civil Administrative Penalties and             October 3, 2016      May 9, 2018, EPA approval final-
                                              3, Section 3.10.                        Requests      for   Adjudicatory                                   ized at [insert Federal Register
                                                                                      Hearings.                                                          citation].

                                                     *                 *                            *                          *                       *                    *                *
                                           Title 7, Chapter 27B, Subchapter         Air Test Method 4: Testing Proce-              October 3, 2016      May 9, 2018, EPA approval final-
                                              4, Section 4.1.                         dures for Diesel-Powered Motor                                     ized at [insert Federal Register
                                                                                      Vehicles.                                                          citation].
                                           Title 7, Chapter 27B, Subchapter         Air Test Method 4: Testing Proce-              October 3, 2016      May 9, 2018, EPA approval final-
                                              4, Section 4.2.                         dures for Diesel-Powered Motor                                     ized at [insert Federal Register
                                                                                      Vehicles.                                                          citation].
                                           Title 7, Chapter 27B, Subchapter         Air Test Method 4: Testing Proce-              October 3, 2016      May 9, 2018, EPA approval final-
                                              4, Section 4.3.                         dures for Diesel-Powered Motor                                     ized at [insert Federal Register
                                                                                      Vehicles.                                                          citation].
                                           Title 7, Chapter 27B, Subchapter         Air Test Method 4: Testing Proce-              October 3, 2016      May 9, 2018, EPA approval final-
                                              4, Section 4.6.                         dures for Diesel-Powered Motor                                     ized at [insert Federal Register
                                                                                      Vehicles.                                                          citation].
                                           Title 7, Chapter 27B, Subchapter         Air Test Method 4: Testing Proce-              October 3, 2016      May 9, 2018, EPA approval final-
                                              4, Section 4.7.                         dures for Diesel-Powered Motor                                     ized at [insert Federal Register
                                                                                      Vehicles.                                                          citation].
                                           Title 7, Chapter 27B, Subchapter         Air Test Method 4: Testing Proce-              October 3, 2016      May 9, 2018, EPA approval final-
                                              4, Section 4.8.                         dures for Diesel-Powered Motor                                     ized at [insert Federal Register
                                                                                      Vehicles.                                                          citation].
                                           Title 7, Chapter 27B, Subchapter         Air Test Method 5: Testing Proce-              October 3, 2016      May 9, 2018, EPA approval final-
                                              5.                                      dures     for   Gasoline-Fueled                                    ized at [insert Federal Register
                                                                                      Motor Vehicles.                                                    citation].
                                           Title 13, Chapter 20, Subchapter         Vehicle Inspections ......................        April 26, 2016    May 9, 2018, EPA approval final-
                                              7.1.                                                                                                       ized at [insert Federal Register
                                                                                                                                                         citation].
                                           Title 13, Chapter 20, Subchapter         Vehicle Inspections ......................        April 26, 2016    May 9, 2018, EPA approval final-
                                              7.2.                                                                                                       ized at [insert Federal Register
                                                                                                                                                         citation].
                                           Title 13, Chapter 20, Subchapter         Vehicle Inspections ......................        April 26, 2016    May 9, 2018, EPA approval final-
                                              7.3.                                                                                                       ized at [insert Federal Register
                                                                                                                                                         citation].
                                           Title 13, Chapter 20, Subchapter         Vehicle Inspections ......................        April 26, 2016    May 9, 2018, EPA approval final-
                                              7.4.                                                                                                       ized at [insert Federal Register
                                                                                                                                                         citation].
                                           Title 13, Chapter 20, Subchapter         Vehicle Inspections ......................        April 26, 2016    May 9, 2018, EPA approval final-
                                              7.5.                                                                                                       ized at [insert Federal Register
                                                                                                                                                         citation].
                                           Title 13, Chapter 20, Subchapter         Vehicle Inspections ......................        April 26, 2016    May 9, 2018, EPA approval final-
                                              7.6.                                                                                                       ized at [insert Federal Register
                                                                                                                                                         citation].

                                                     *                 *                           *                  *                                *                    *                *
                                           Title 13, Chapter 20, Subchapter         Compliance with Diesel Emission                   April 26, 2016    May 9, 2018, EPA approval final-
                                              26, Section 26.2.                       Standards and Equipment,                                           ized at [insert Federal Register
                                                                                      Periodic Inspection Program for                                    citation].
                                                                                      Diesel Emissions, and Self-In-
                                                                                      spection of Certain Classes of
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                                                                                      Motor Vehicles.
                                           Title 13, Chapter 20, Subchapter         Compliance with Diesel Emission                   April 26, 2016   May 9, 2018, EPA approval final-
                                              26, Section 26.11.                     Standards and Equipment,                                           ized at [insert Federal Register
                                                                                     Periodic Inspection Program for                                    citation].
                                                                                     Diesel Emissions, and Self-In-
                                                                                     spection of Certain Classes of
                                                                                     Motor Vehicles.



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                                           21178                  Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Rules and Regulations

                                                                                     EPA–APPROVED NEW JERSEY STATE REGULATIONS—Continued
                                                                                                                                    State effective                EPA approval
                                                          State citation                             Title/subject                                                                                Comments
                                                                                                                                         date                         date

                                           Title 13, Chapter 20, Subchapter             Compliance with Diesel Emission                April 26, 2016   May 9, 2018, EPA approval final-
                                              26, Section 26.12.                          Standards and Equipment,                                       ized at [insert Federal Register
                                                                                          Periodic Inspection Program for                                citation].
                                                                                          Diesel Emissions, and Self-In-
                                                                                          spection of Certain Classes of
                                                                                          Motor Vehicles.
                                           Title 13, Chapter 20, Subchapter             Compliance with Diesel Emission                April 26, 2016   May 9, 2018, EPA approval final-
                                              26, Section 26.16.                          Standards and Equipment,                                       ized at [insert Federal Register
                                                                                          Periodic Inspection Program for                                citation].
                                                                                          Diesel Emissions, and Self-In-
                                                                                          spection of Certain Classes of
                                                                                          Motor Vehicles.
                                           Title 13, Chapter 20, Subchapter             Compliance with Diesel Emission                April 26, 2016   May 9, 2018, EPA approval final-
                                              26, Section 26.17.                          Standards and Equipment,                                       ized at [insert Federal Register
                                                                                          Periodic Inspection Program for                                citation].
                                                                                          Diesel Emissions, and Self-In-
                                                                                          spection of Certain Classes of
                                                                                          Motor Vehicles.

                                                     *                 *                                *                *                            *                    *                         *
                                           Title 13, Chapter 20, Subchapter             Inspection Standards and Test                  April 26, 2016  May 9, 2018, EPA approval final-
                                              32.                                         Procedures to be Used by Offi-                                ized at [insert Federal Register
                                                                                          cial Inspection Facilities.                                   citation].
                                           Title 13, Chapter 20, Subchapter             Inspection Standards and Test                  April 26, 2016 May 9, 2018, EPA approval final-
                                              33.                                         Procedures to be Used by Li-                                  ized at [insert Federal Register
                                                                                          censed Private Inspection Fa-                                 citation].
                                                                                          cilities.
                                           Title 13, Chapter 20, Subchapter             Enhanced Motor Vehicle Inspec-                 April 26, 2016   May 9, 2018, EPA approval final-
                                              43.                                         tion and Maintenance Program.                                  ized at [insert Federal Register
                                                                                                                                                         citation].
                                           Title 13, Chapter 20, Subchapter             Private Inspection Facility Licens-            April 26, 2016   May 9, 2018, EPA approval final-
                                              44.                                         ing.                                                           ized at [insert Federal Register
                                                                                                                                                         citation].

                                                      *                         *                        *                      *                       *                      *                     *



                                           *      *         *       *      *                           permitting and public notice for air                  I. Background
                                           [FR Doc. 2018–09788 Filed 5–8–18; 8:45 am]                  quality permit applications.                             The background for this action is
                                           BILLING CODE 6560–50–P                                      DATES: This rule is effective on June 8,              discussed in detail in our February 14,
                                                                                                       2018.                                                 2018, proposal (83 FR 6491). In that
                                                                                                       ADDRESSES: The EPA has established a                  document we proposed to approve four
                                           ENVIRONMENTAL PROTECTION                                                                                          revisions to the Texas SIP that revise the
                                                                                                       docket for this action under Docket ID
                                           AGENCY                                                                                                            New Source Review (NSR) permitting
                                                                                                       No. EPA–R06–OAR–2017–0124. All
                                           40 CFR Part 52                                              documents in the docket are listed on                 and public notice requirements. We
                                                                                                       the http://www.regulations.gov website.               received one supportive comment from
                                                                                                       Although listed in the index, some                    the Texas Commission on
                                           [EPA–R06–OAR–2017–0124; FRL–9976–95–                                                                              Environmental Quality. We also
                                           Region 6]                                                   information is not publicly available,
                                                                                                       e.g., Confidential Business Information               received six anonymous comments.1
                                           Approval and Promulgation of                                or other information whose disclosure is              These comments were not significant as
                                           Implementation Plans; Texas;                                restricted by statute. Certain other                  they did not raise relevant points which,
                                           Revisions to Permitting and Public                          material, such as copyrighted material,               if adopted, would require a change in
                                           Participation for Air Quality Permit                        is not placed on the internet and will be             the agency’s proposed rule. The EPA is
                                           Applications                                                publicly available only in hard copy                  finalizing as proposed; no changes have
                                                                                                       form. Publicly available docket                       been made as a result of the comments
                                           AGENCY: Environmental Protection                            materials are available either                        received.
                                           Agency (EPA).                                               electronically through http://                        II. Final Action
                                                                                                       www.regulations.gov or in hard copy at
                                           ACTION:    Final rule.                                                                                               We are approving revisions to the
                                                                                                       the EPA Region 6, 1445 Ross Avenue,
                                                                                                       Suite 700, Dallas, Texas 75202–2733.                  Texas SIP that revise the NSR
                                           SUMMARY:  Pursuant to the Federal Clean
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                                                                                                                                                             permitting and public notice
                                           Air Act (CAA or the Act), the                               FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             requirements. We have determined that
                                           Environmental Protection Agency (EPA)                       Adina Wiley, 214–665–2115,                            the revisions submitted on December
                                           is approving four revisions to the Texas                    wiley.adina@epa.gov.                                  12, 2016 were developed in accordance
                                           State Implementation Plan (SIP)                             SUPPLEMENTARY INFORMATION:
                                           submitted on December 12, 2016 and                          Throughout this document ‘‘we,’’ ‘‘us,’’                1 The comments are available in the docket for

                                           February 21, 2017, specific to air quality                  and ‘‘our’’ means the EPA.                            this rulemaking.



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Document Created: 2018-05-09 03:17:45
Document Modified: 2018-05-09 03:17:45
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
ActionFinal rule.
DatesThis rule is effective on June 8, 2018.
ContactReema Loutan, Air Programs Branch, U.S. Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007, at (212) 637-3760, or by email at [email protected]
FR Citation83 FR 21174 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Intergovernmental Relations; Lead; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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