Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Enhanced Inspection and Maintenance Program

This Supplementary Information section is organized as follows:

What action is EPA taking today? Who is affected by this action? Who will benefit from this action?

What Action is EPA Taking Today?

In this action, we are converting our conditional approval of the District's I/M program as a revision to the SIP to a full approval. The District's enhanced I/M program was conditionally approved and made part of the District's SIP in a rule published on June 2, 1998 (63 FR 29955). The sole condition imposed in the June 2, 1998 conditional approval was that the District's enhanced I/M program begin on or before April 30, 1999. The District began testing vehicles on April 26, 1999, and thereby has fulfilled the sole condition necessary for full approval of the I/M program. Because the District has fulfilled the condition imposed in the June 2, 1998 rule, we are converting our conditional approval of the I/M SIP to a full approval.

Who is Affected by This Action?

It is important to note that our action today does not impose any new requirements on District residents; we are merely giving full versus conditional federal approval to the District law and regulations that are already in place to implement an enhanced I/M program. Those laws and regulations were made part of the District's SIP by the final rule published on June 2, 1998 (63 FR 29955).

Who Will Benefit From This Program?

The residents of the District will benefit from this program, which is designed to keep vehicles maintained and operating within pollution control standards. And, since air pollution does not recognize political boundaries, neighboring states' residents will also benefit from implementation of this program which is designed to prevent excessive vehicle pollution.

EPA Action

EPA is converting its conditional approval approval of the District's enhanced I/M SIP to full approval. An extensive discussion of the District's I/M plan and our rationale for its approval was provided in the previous final rule which conditionally approved the I/M SIP (see 63 FR 29955 and 63 FR 15118) and in our Technical Support Document, dated March 10, 1998. This action to convert our conditional approval to full approval is being published without prior proposal because we view this as a noncontroversial revision and we anticipate no adverse comment. However, in a separate document in this Federal Register publication, we are proposing to this action should adverse written comments be filed. This action will be effective without further notice unless we receive relevant adverse comment by July 12, 1999. Should we receive such comments, we will publish a withdrawal and inform the public that this action will not take effect. Anyone interested in commenting on this action should do so at this time. If no such comments are received, you are advised that this action will be effective on August 10, 1999.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this regulatory action from review under E.O. 12866, entitled ``Regulatory Planning and Review.''

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not required by statute and that creates a mandate upon a state, local, or tribal government, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by those governments. If EPA complies by consulting, E.O. requires EPA to provide to the Office of Management and Budget

a description of the extent of EPA's prior consultation with representatives of affected state, local, and tribal governments, the nature of their concerns, copies of written communications from the governments, and a statement supporting the need to issue the regulation. In addition, E.O. 12875 requires EPA to develop an effective process permitting elected officials and other representatives of state, local, and tribal governments ``to provide meaningful and timely input in the development of regulatory proposals containing significant unfunded mandates.'' Today's rule does not create a mandate on state, local or tribal governments. The rule does not impose any enforceable duties on these entities. Accordingly, the requirements of section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13045

E.O. 13045, entitled ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies to any rule that the EPA determines (1) is ``economically significant,'' as defined under E.O. 12866, and (2) the environmental health or safety risk addressed by the rule has a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This final rule is not subject to E.O. 13045 because it is not an economically significant regulatory action as defined by E.O. 12866, and it does not address an environmental health or safety risk that would have a disproportionate effect on children.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not required by statute, that significantly affects or uniquely affects the communities of Indian tribal governments, and that imposes substantial direct compliance costs on those communities, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by the tribal governments. If EPA complies by consulting, Executive Order 13084 requires EPA to provide to the Office of Management and Budget, in a separately identified section of the preamble to the rule, a description of the extent of EPA's prior consultation with representatives of affected tribal governments, a summary of the nature of their concerns, and a statement supporting the need to issue the regulation. In addition, Executive Order 13084 requires EPA to develop an effective process permitting elected and other representatives of Indian tribal governments ``to provide meaningful and timely input in the development of regulatory policies on matters that significantly or uniquely affect their communities.'' Today's rule does not significantly or uniquely affect the communities of Indian tribal governments. This action does not involve or impose any requirements that affect Indian Tribes. Accordingly, the requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and small governmental jurisdictions. This final rule will not have a significant impact on a substantial number of small entities because SIP approvals under section 110 and subchapter I, part D of the Clean Air Act do not create any new requirements but simply approve requirements that the State is already imposing. Therefore, because the Federal SIP approval does not create any new requirements, I certify that this action will not have a significant economic impact on a substantial number of small entities. Moreover, due to the nature of the Federal-State relationship under the Clean Air Act, preparation of a flexibility analysis would constitute Federal inquiry into the economic reasonableness of state action. The Clean Air Act forbids EPA to base its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA must prepare a budgetary impact statement to accompany any proposed or final rule that includes a Federal mandate that may result in estimated annual costs to State, local, or tribal governments in the aggregate; or to private sector, of $100 million or more. Under section 205, EPA must select the most cost-effective and least burdensome alternative that achieves the objectives of the rule and is consistent with statutory requirements. Section 203 requires EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule. EPA has determined that the approval action promulgated does not include a Federal mandate that may result in estimated annual costs of $100 million or more to either State, local, or tribal governments in the aggregate, or to the private sector. This Federal action approves pre-existing requirements under State or local law, and imposes no new requirements. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

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 August 10, 1999. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action converting the conditional approval of the District of Columbia's enhanced inspection and maintenance program SIP revision to a full approval may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation by reference, Nitrogen dioxide, Ozone,

Enhanced Inspection and Maintenance (I/M).

Dated: May 27, 1999 W. Michael McCabe, Regional Administrator, Region III.

40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart J--District of Columbia

2. In Sec. 52.470, an entry for Title 18, Chapters 4, 6, 7, 11, 26 and 99 is added at the end of the table in paragraph (c) in the ``EPA Approved Regulations in the District of Columbia SIP'' to read as follows:

Sec. 52.470 Identification of plan.

* * * * * (c) EPA approved regulations.

EPA-Approved Regulations In The District of Columbia Sip ---------------------------------------------------------------------------------------------------------------- State effective State citation Title/Subject date EPA approval date Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * Title 18--Vehicles and Traffic Chapter 4 Motor Vehicle Title and Registration ---------------------------------------------------------------------------------------------------------------- Section 411..................... Registration of 10/10/86.......... June 11, 1999. Motor Vehicles: General Provisions. Section 412..................... Refusal of 10/17/97.......... June 11, 1999. Registration. Section 413..................... Application for 9/16/83........... June 11, 1999. Registration. Section 429..................... Enforcement of 3/4/83............ June 11, 1999. Registration and Reciprocity Requirements. ---------------------------------------------------------------------------------------------------------------- Chapter 6 Inspection of Motor Vehicles ---------------------------------------------------------------------------------------------------------------- Section 600..................... General Provisions 4/23/82........... June 11, 1999. Section 602..................... Inspection 3/15/85........... June 11, 1999. Stickers. Section 603..................... Vehicle 6/29/74; June 11, 1999. Inspection: Recodified 4/1/81. Approved Vehicles. Section 604..................... Vehicle 11/23/84.......... 4/10/86 51 FR Inspection: 12322. Rejected Vehicles. Section 606..................... Vehicle 6/29/74; June 11, 1999. Inspection: Recodified 4/1/81. Condemned Vehicles. Section 607..................... Placement of 4/7/77; Recodified June 11, 1999. Inspection 4/1/81. Stickers on Vehicles. Section 608..................... Lost, Mutilated or 6/30/72; June 11, 1999. Detached Recodified 4/1/81. Inspection Stickers. Section 609..................... Inspection of Non- 6/30/72; June 11, 1999. Registered Motor Recodified 4/1/81. Vehicles. Section 617..................... Inspection 7/22/94........... June 11, 1999. Certification. Section 618..................... Automotive 7/22/94........... June 11, 1999. Emissions Repair Technician. Section 619..................... Vehicle Emission 10/17/97.......... June 11, 1999. Recall Compliance. ---------------------------------------------------------------------------------------------------------------- Chapter 7 Motor Vehicle Equipment ---------------------------------------------------------------------------------------------------------------- Section 701..................... Historic Motor 2/25/78; June 11, 1999. Vehicles. Recodified 4/1/81. Section 750..................... Exhaust Emission 4/26/77; June 11, 1999. Systems. Recodified 4/1/81. Section 751..................... Compliance with 7/22/94........... June 11, 1999. Exhaust Emission Standards. Section 752..................... Maximum Allowable 10/17/97.......... June 11, 1999. Levels of Exhaust Components. Section 753..................... Inspection of 5/23/83........... 4/10/86 51 FR Exhaust Emission 12322. Systems. Section 754..................... Federal Transient 7/22/94........... June 11, 1999. Emissions Test: Testing Procedures. Section 755..................... Federal Transient 7/22/94........... June 11, 1999. Emissions Test: Equipment. Section 756..................... Federal Transient 7/22/94........... June 11, 1999. Emissions Test: Quality Assurance Procedures. ----------------------------------------------------------------------------------------------------------------

Chapter 11 Motor Vehicle Offenses and Penalties ---------------------------------------------------------------------------------------------------------------- Section 1101.................... Offenses Related 6/30/72; June 11, 1999. to Title, Recodified 4/1/81. Registration, and Identification Tags. Section 1103.................... Offenses Related 6/30/72; June 11, 1999. to Inspection Recodified 4/1/81. Stickers. Section 1104.................... False Statements, 11/29/91.......... June 11, 1999. Alterations, Forgery, and Dishonest Checks. Section 1110.................... Penalties for 11/29/91.......... June 11, 1999. Violations. ---------------------------------------------------------------------------------------------------------------- Chapter 26 Civil Fines for Moving and Non-Moving Violations ---------------------------------------------------------------------------------------------------------------- Section 2600.1.................. Infraction: 8/31/90........... June 11, 1999. Inspection, Registration Certificate, Tags. ---------------------------------------------------------------------------------------------------------------- Chapter 99 Definitions ---------------------------------------------------------------------------------------------------------------- Section 9901.................... Definitions....... 10/17/97.......... June 11, 1999. ----------------------------------------------------------------------------------------------------------------

Sec. 52.473 [Amended]

3. In section 52.473, paragraph (a) is reserved.

[FR Doc. 99-14593 Filed 6-10-99; 8:45 am] BILLING CODE 6560-50-P