
[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Proposed Rules]
[Pages 57696-57701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23855]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2011-0687, FRL-9465-9]


Approval and Promulgation of Implementation Plans; New York; 
Motor Vehicle Enhanced Inspection and Maintenance Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing action 
on a proposed State Implementation Plan revision submitted by the New 
York State Department of Environmental Conservation. This revision 
consists of changes to New York's motor vehicle enhanced inspection and 
maintenance program that would eliminate the transient emission short 
test program as it relates to the New York portion of the New York-
Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone moderate 
nonattainment area. EPA is proposing approval of this State 
Implementation Plan revision because it meets all applicable 
requirements of the Clean Air Act and EPA's regulations and because the 
revision will not interfere with attainment or maintenance of the 
national ambient air quality standards in the affected area. The 
intended effect of this action is to maintain consistency between the 
State-adopted rules and the Federally approved SIP.

DATES: Comments must be received on or before October 17, 2011.

ADDRESSES: Submit your comments, identified by Docket Number EPA-R02-
OAR-2011-0687, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: Werner.Raymond@epa.gov.
     Fax: 212-637-3901.
     Mail: Raymond Werner, Chief, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866.
     Hand Delivery: Raymond Werner, Chief, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866. Such deliveries are only accepted 
during the Regional Office's normal hours of operation. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30 excluding Federal holidays.
    Instructions: Direct your comments to Docket No. EPA-R02-OAR-2011-
0687. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters or any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Environmental 
Protection Agency, Region 2 Office, Air Programs Branch, 290 Broadway, 
25th Floor, New York,

[[Page 57697]]

New York 10007-1866. EPA requests, if at all possible, that you contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section to 
view the hard copy of the docket. You may view the hard copy of the 
docket Monday through Friday, 8 a.m. to 4 p.m., excluding Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Kirk Wieber (wieber.kirk@epa.gov), Air 
Programs Branch, Environmental Protection Agency, 290 Broadway, 25th 
Floor, New York, New York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What action is EPA proposing?
II. Background Information
    What are the Clean Air Act (CAA) requirements for a moderate 8-
hr ozone nonattainment area?
    History of the Ozone Standard and Area Designations CAA 
Requirements for I/M Programs
III. What was included in New York's proposed SIP submittal?
IV. What are the I/M performance standard requirements and does New 
York's I/M program satisfy them?
V. Does New York demonstrate noninterference with attainment and 
maintenance under Section 110(l) of the CAA?
VI. What are EPA's conclusions?
VII. Statutory and Executive Order Reviews

I. What action is EPA proposing?

    The EPA is proposing to approve a revision to the New York State 
Implementation Plan (SIP) pertaining to New York's motor vehicle 
enhanced inspection and maintenance (I/M) program that proposes to end 
tailpipe testing on December 31, 2010. This proposed SIP revision also 
outlines several changes to New York's enhanced I/M programs currently 
operating within the New York portion of the New York-Northern New 
Jersey-Long Island, NY-NJ-CT nonattainment area. New York proposes to 
reduce the percentage of emissions waivers allowed within that area to 
2% (from 3%). New York indicates that the decentralized program, which 
features on-board diagnostics inspections, is as effective as a 
centralized test-only program for modeling purposes.

II. Background Information

What are the Clean Air Act (CAA) requirements for a moderate 8-hour 
ozone nonattainment area?

 History of the Ozone Standard and Area Designations
    In 1997, EPA revised the health-based national ambient air quality 
standards (NAAQS) for ozone, setting it at 0.08 parts per million 
averaged over an 8-hour period. EPA set the 8-hour ozone standard based 
on scientific evidence demonstrating that ozone causes adverse health 
effects at lower ozone concentrations and over longer periods of time 
than was understood when the pre-existing 1-hour ozone standard was 
set. EPA determined that the 8-hour standard would be more protective 
of human health, especially with regard to children and adults who are 
active outdoors, and individuals with a pre-existing respiratory 
disease, such as asthma.
    On April 30, 2004 (69 FR 23951), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to 
the 8-hour ozone standard. These actions became effective on June 15, 
2004. The New York portion of the New York-Northern New Jersey-Long 
Island, NY-NJ-CT nonattainment area is composed of the five boroughs of 
New York City and the surrounding counties of Nassau, Suffolk, 
Westchester and Rockland. This is collectively referred to as the New 
York City Metropolitan Area or NYMA. The NYMA was classified as a 
severe ozone nonattainment area under the pre-existing 1-hour ozone 
standard. These designations triggered the requirements under section 
182(b) of the CAA for moderate and above nonattainment areas, including 
a requirement to submit an enhanced motor vehicle I/M program.
 CAA Requirements for I/M Programs
    The CAA requires certain states to implement an enhanced I/M 
program to detect gasoline-fueled motor vehicles that exhibit excessive 
emissions of certain air pollutants. The enhanced I/M program is 
intended to help states meet Federal health-based NAAQS for ozone and 
carbon monoxide by requiring vehicles with excess emissions to have 
their emissions control systems repaired. Section 182 of the CAA 
requires I/M programs in those areas of the nation that are most 
impacted by carbon monoxide and ozone pollution.
    On April 5, 2001, EPA published in the Federal Register 
``Amendments to Vehicle Inspection and Maintenance Program Requirements 
Incorporating the On-Board Diagnostics Check'' (66 FR 18156). The 
revised I/M rule requires that electronic checks of the On-Board 
Diagnostics (OBD) system on model year 1996 and newer OBD-equipped 
motor vehicles be conducted as part of states' motor vehicle I/M 
programs.
    OBD is part of the sophisticated vehicle powertrain management 
system and is designed to detect engine and transmission problems that 
might cause vehicle emissions to exceed allowable limits.
    The OBD system monitors the status of up to 11 emission control 
related subsystems by performing either continuous or periodic 
functional tests of specific components and vehicle conditions. The 
first three testing categories--misfire, fuel trim, and comprehensive 
components--are continuous, while the remaining eight only run after a 
certain set of conditions has been met. The algorithms for running 
these eight periodic monitors are unique to each manufacturer and 
involve such things as ambient temperature as well as driving 
conditions. Most vehicles will have at least five of the eight 
remaining monitors (catalyst, evaporative system, oxygen sensor, heated 
oxygen sensor, and exhaust gas recirculation or EGR system) while the 
remaining three (air conditioning, secondary air, and heated catalyst) 
are not necessarily applicable to all vehicles. When a vehicle is 
scanned at an OBD-I/M test site, these monitors can appear as either 
``ready'' (meaning the monitor in question has been evaluated), ``not 
ready'' (meaning the monitor has not yet been evaluated), or ``not 
applicable'' (meaning the vehicle is not equipped with the component 
monitor in question).
    The OBD system is also designed to fully evaluate the vehicle 
emissions control system. If the OBD system detects a problem that may 
cause vehicle emissions to exceed 1.5 times the Federal Test Procedure 
standards, then the Malfunction Indicator Light (MIL) is illuminated. 
By turning on the MIL, the OBD system notifies the vehicle operator 
that an emission-related fault has been detected, and the vehicle 
should be repaired as soon as possible thus reducing the harmful 
emissions contributed by that vehicle.
    EPA's revised OBD I/M rule applies to only those areas that are 
required to implement I/M programs under the CAA, which include the 
NYMA and certain counties in Upstate New York. This rule established a 
deadline of January 1, 2002 for states to begin performing OBD checks 
on 1996 and newer model OBD-equipped vehicles and to require repairs to 
be performed on those vehicles with malfunctions identified by the OBD 
check.
    On May 7, 2001 (66 FR 22922), EPA fully approved New York's 
enhanced I/M program as it applies to NYMA and included the State's 
performance standard modeling as meeting the applicable requirements of 
the CAA. The OBD component of that program was not being implemented at 
that time

[[Page 57698]]

and therefore was not approved by EPA as satisfying a fully operational 
OBD program.
    However, on February 21, 2007 (72 FR 7826) EPA fully approved a 
revision to New York's SIP that incorporates OBD system requirements in 
the NYMA and the 53 counties located in upstate New York, therefore 
making OBD a statewide requirement. The reader is referred to that 
rulemaking action for a more detailed discussion on New York's OBD 
program.

III. What was included in New York's proposed SIP submittal?

    After completing the appropriate public notice and comment 
procedures, on July 10, 2009, the New York State Department of 
Environmental Conservation (NYSDEC) submitted to EPA a proposed SIP 
revision that includes changes to the New York State enhanced I/M 
program. The changes include a proposal to end tailpipe testing through 
the New York Transient Emissions Short Test (NYTEST) I/M program on 
December 31, 2010. The proposed revision also includes a reduction in 
the percentage of emissions test waivers allowed within NYMA to 2% 
(from 3%) beginning in calendar year 2008. The SIP revision includes 
MOBILE6 vehicle emission modeling software (MOBILE6) demonstration for 
the high enhanced I/M performance standard.
    On February 15, 2011, NYSDEC made a supplemental SIP submittal to 
EPA which included recent revisions to Title 6 of the New York Codes, 
Rules and Regulations (NYCRR), Part 217, ``Motor Vehicle Emissions,'' 
and the New York State Department of Motor Vehicles (NYSDMV) regulation 
found at Title 15 NYCRR Part 79, ``Motor Vehicle Inspection.'' New York 
adopted these rule revisions to end the NYTEST I/M program. This 
submittal was also subject to public notice and comment.

IV. What are the I/M performance standard requirements and does New 
York's I/M program satisfy them?

    Table 1 below compares New York's existing NYMA I/M program 
requirements, which includes both the New York Vehicle Inspection 
Program (NYVIP) and NYTEST programs, to a future design after the 
NYTEST tailpipe testing program ends (``Post-NYTEST'').

                                 Table 1
------------------------------------------------------------------------
Vehicle type current NYMA I/    (NYVIP and NYTEST
              M                     Programs)            Post-NYTEST
------------------------------------------------------------------------
Non-electric and non-diesel   Emissions Test Type:  Emissions Test Type:
 light-duty vehicles (<8,501   NYVIP OBD II.         NYVIP OBD II
 lbs. GVWR), MYs 1996 to 2    ECD Checks for        ECD Checks for
 MYs old.                      Weight Code 1: air    Weight Code 1: air
                               pump, fuel inlet      pump, fuel inlet
                               restrictor, EGR,      restrictor, EGR,
                               PCV, TAC, CAT, EVAP   PCV, TAC, CAT, EVAP
                               system disablement.   system disablement.
                              Gas Cap: Cap          Gas Cap: Cap
                               Presence Only.        Presence Only.
Non-electric and non-diesel   Emissions Test Type:  Emissions Test Type:
 light-duty vehicles (<8,501   NYTEST Transient.     Low Enhanced:
 lbs. GVWR), 25 MYs old to    ECD Checks for        ECD Checks for
 MY 1995.                      Weight Code 1: air    Weight Code 1: air
                               pump, fuel inlet      pump, fuel inlet
                               restrictor, EGR,      restrictor, EGR,
                               PCV, TAC, CAT, EVAP   PCV, TAC, CAT, EVAP
                               system disablement.   system disablement.
                              Gas Cap: NYTEST       Gas Cap: Cap
                               Pressure Test.        Presence only.
Non-electric and non-diesel   Emissions Test Type:  Emissions Test Type:
 medium- and heavy-duty        NYTEST Idle.          Low Enhanced:
 vehicles (8,501-<18,001      ECD Checks for        ECD Checks for
 lbs. GVWR), 25 MYs old to     Weight Codes 2 and    Weight Codes 2 and
 older than 2MYs (DMV Weight   3: air pump, fuel     3: air pump, fuel
 Codes 2, 3).                  inlet restrictor,     inlet restrictor,
                               EGR, PCV, TAC, CAT,   EGR, PCV, TAC, CAT,
                               EVAP system           EVAP system
                               disablement..         disablement.
                              Gas Cap: NYTEST       Gas Cap: Cap
                               Pressure Test.        Presence only.
Non-electric and non-diesel   Emissions Test Type:  Safety only (NYVIP)
 medium- and heavy-duty        NYTEST Idle.         (No emissions, ECD,
 vehicles (>18,000 lbs.       ECD Checks for         or gas cap checks).
 GVWR), 25 MYs old to older    Weight Code 4: air
 than 2MYs (DMV Weight Code    pump, fuel inlet
 4).                           restrictor, EGR,
                               PCV, TAC, CAT, EVAP
                               system disablement.
                              Gas Cap: NYTEST
                               Pressure Test.
------------------------------------------------------------------------
Note: The reader is referred to the following NYSDEC Web site for a list
  of Acronyms and Abbreviations: http://www.dec.ny.gov/chemical/53288.html.

    I/M programs are designed and implemented to meet or exceed an 
applicable minimum Federal performance standard. EPA's performance 
standards were derived from MOBILE6 utilizing ``model'' inputs and 
local characteristics (i.e., vehicle mix, fuel controls). Performance 
standards are expressed as emissions levels, in area-wide average grams 
per mile (gpm) values, resulting from the I/M program. More 
conventionally, performance standards are expressed as emission 
reductions, as compared to a no I/M scenario. The NYSDEC determined 
EPA's high enhanced performance standard (HEPS) by utilizing the 
``model'' inputs contained under 40 CFR 51.351(f)(1) through (f)(13). 
While I/M jurisdictions are allowed to adopt alternate design features 
other than EPA's ``model'' inputs, compliance with the applicable 
performance standard must be demonstrated for the pollutant(s) that 
established I/M requirements.
    NYSDEC proposed changes that differ from the initial 1996 NYMA 
demonstration. These modifications will affect a revised NYMA HEPS 
demonstration as follows:

-- Emissions test type changes to reflect the end of NYTEST tailpipe 
testing (see Table above);
-- New York estimated, and included a justification that the NYVIP OBD-
based I/M program is as effective as a centralized test-only 
network.\1\ The previously approved NYTEST network effectiveness of 
88%, 84%, and 86% for hydrocarbons, carbon monoxide and oxides of 
nitrogen, respectively, are no longer applicable to the NYVIP program;
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    \1\ New York identified four general program enhancements to 
serve as the basis for claiming 100% test-and-repair credit for 
NYVIP; Program Manager Network Design, System Integrity/Enhanced 
Enforcement, Training/Certification, and Inspector and Motorist 
Information.
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-- New York evaluated, and included a justification for using MOBILE6 
national default values for annual vehicle mileage accumulations rather 
than using local inputs derived from the outdated Nationwide Personal 
Transportation Survey (NPTS, 1995), as was previously used in the 1996 
and 2006 I/M SIPs;
-- A commitment to increase the stringency of the NYMA waiver rate to 
2% beginning in 2008, as opposed

[[Page 57699]]

to a 3% waiver rate claimed within the 1996 SIP.
-- Of note, MOBILE5 previously allowed for partial repair technician 
training credit. New York previously claimed 50% repair technician 
credit within the 1996 SIP revision for the NYSDMV sponsored automotive 
technician training program. MOBILE6 does not allow for partial repair 
technician training, therefore no additional credit is assumed within 
this modeling effort.

    With each new calendar year (beginning January 1), a greater 
percentage of NYMA vehicles will receive OBD II inspections through 
NYVIP I/M while the percentage of NYTEST inspections will decrease due 
to the 25 model year extension and escalated vehicle turnover (compared 
to newer NYVIP vehicles). To determine the date that a NYVIP only based 
I/M program complies with EPA's HEPS (i.e., following the end of the 
NYTEST tailpipe emissions testing), NYSDEC completed a multi-year 
modeling analysis employing the following general inputs:
    Network Type: decentralized test-and -repair.
    NYVIP NYMA Start Date: 2006.
    Test Frequency: annual.
    Test-and-Repair Effectiveness: 100%.
    Vehicle Types: LDV, LDT1, LDT2, LDT3, LDT4.
    Visual Inspection Tests: air pump, catalyst, fuel inlet restrictor, 
EGR, evaporative disablement, PCV, and missing gas cap.
    Applicable model years: model years 25 and newer.
    Emissions Test Types: OBD: I/M & Evap.
    Waiver Rate: 2% (beginning in CY 2008).
    Compliance Rate: 98%.
    OBD Exemption Ages: LDVs older than model year 1996, 2 newest model 
years.
    Pre-81 Stringency: N/A.
    Repair Technician Training: 0% credit.
    NYMA I/M benefits were estimated using the MOBILE6 emission model 
and individual inputs for each county in the NYMA nonattainment area. 
Daily Vehicle Miles Traveled (DVMT) inventory was constructed by the 
New York State Department of Transportation (NYSDOT) to provide DVMT 
estimates by county, geographic component (urban, small urban, and 
rural) and functional class. This resulting vehicle miles traveled 
(VMT) by county and by functional class is then multiplied by a 
seasonal adjustment factor to account for seasonal differences. This 
seasonal adjustment factor, which appropriately takes into account 
hourly temperature, relative humidity data and other factors, is also 
supplied by the NYSDOT.
    The vehicle mix for each of the 11 NYSDOT regions in New York State 
are used to produce VMT by vehicle type. There are 28 fuel and weight 
based categories employed by MOBILE6. The main objective was to create 
a separate, distinct (where justified) vehicle mix for each of the 
twelve roadway types in the Federal Highway Administration (FHWA) 
classification scheme. However, an hourly VMT was input to the model 
using the VMT BY HOUR command and was used in the computation of the 
composite daily emission factor. The local data were obtained through 
analyses conducted by NYSDOT.
    The vehicle distributions used in MOBILE6 were obtained from the 
New York State Department of Motor Vehicles (NYSDMV) registration 
database for the current year at the beginning of July. Each record was 
sorted into the 28 vehicle types by county.
    NYSDEC's MOBILE6 modeling demonstration estimated volatile organic 
compound (VOC) and oxides of nitrogen (NOX) reductions for a 
NYVIP-only program in NYMA against EPA's HEPS. Modeling comparisons 
were completed for the 2009, 2010, and 2011 ozone seasons. The HEPS 
evaluation included the 0.02 gpm emission level margin 
provided by 40 CFR 51.351(f)(13). While MOBILE6 reports gpm emission 
levels to the thousandths place, the calculated differences between the 
future NYVIP program and HEPS were rounded to the hundredths place to 
reflect the 0.02 gpm margin. Carbon Monoxide (CO) 
reductions are included for demonstration purposes. The summary of New 
York's multi-year modeling evaluation is provided below in Table 2.

           Table 2--NYVIP-Only High Enhanced I/M Performance Standard Comparison Future Ozone Seasons
----------------------------------------------------------------------------------------------------------------
                                                                  VMT
                                                               (1,000's)    VOC (gpm)     CO (gpm)    NOX (gpm)
----------------------------------------------------------------------------------------------------------------
2009................................  EPA's HEPS............   212,776.18        0.576        5.149        0.842
                                      Target NYVIP..........       ''            0.606        5.446        0.857
                                      Difference............  ...........       (0.03)       (0.30)       (0.02)
                                      Is it within the 0.02   ...........           No           No         Yes.
                                       gpm margin?.
2010................................  EPA's HEPS............   216,180.83        0.520        4.807        0.750
                                      Target NYVIP..........       ''            0.547        5.072        0.766
                                      Difference............  ...........       (0.03)       (0.27)       (0.02)
                                      Is it within the 0.02   ...........           No           No         Yes.
                                       gpm margin?.
2011................................  EPA's HEPS............   219,585.48        0.474        4.526        0.670
                                      Target NYVIP..........       ''            0.495        4.739        0.684
                                      Difference............  ...........       (0.02)       (0.21)       (0.01)
                                      Is it within the 0.02   ...........          Yes           No         Yes.
                                       gpm margin?.
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    As Table 2 indicates, the NYVIP I/M program alone cannot meet EPA's 
HEPS in either the 2009 or 2010 ozone seasons (June 1-September 30), 
but does meet EPA's HEPS for the 2011 ozone season (i.e., prior to June 
1). NYSDEC proposed that tailpipe testing be discontinued on December 
31, 2010. NYSDEC believed this was the best date between the 2010 and 
2011 ozone seasons to implement regulatory and inspection software 
based changes.

EPA's Evaluation

    EPA has reviewed NYSDEC's proposed changes to its enhanced I/M 
program that differ from the previous Federally approved program and 
has determined that those changes satisfy the high enhanced performance 
standard, by utilizing the ``model'' inputs contained under 40 CFR 
51.351(f)(1) through (f)(13), and are therefore approvable into the 
SIP. EPA will continue to evaluate the New York enhanced I/M program 
effectiveness through the annual and biennial reports submitted by the 
NYSDEC in accordance with 40 CFR 51.366, ``Data Analysis and 
Reporting.''

[[Page 57700]]

V. Does New York demonstrate noninterference with attainment and 
maintenance under Section 110(l) of the CAA?

    Revisions to SIP-approved control measures must meet the 
requirements of CAA section 110(l) to be approved by EPA. Section 
110(l) states: `` * * * The Administrator shall not approve a revision 
of a plan if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress (as 
defined in section 171), or any other applicable requirement of this 
Act.''
    EPA interprets section 110(l) to apply to all requirements of the 
CAA and to all areas of the country, whether attainment, nonattainment, 
unclassifiable, or maintenance for one or more of the six criteria 
pollutants. EPA also interprets section 110(l) to require a 
demonstration addressing all pollutants whose emissions and/or ambient 
concentrations may change as a result of the SIP revision. Thus, for 
example, modification of a SIP-approved measure may impact 
NOX emissions, may also impact PM2.5 emissions, 
and this would have to be evaluated. The scope and rigor of an adequate 
section 110(l) demonstration of noninterference depends on the air 
quality status of the area, the potential impact of the revision on air 
quality, the pollutant(s) affected, and the nature of the applicable 
CAA requirements.
    It is important to note, aside from ozone, the NYMA is attaining 
the NAAQS for all of the other criteria pollutants, including 
PM2.5 and carbon monoxide. There are two SIPs where I/M has 
been included as an emission reduction control measure, the 1-hour and 
8-hour ozone SIPs. For the 8-hour ozone SIP, New York included in the 
attainment demonstration the proposed I/M program as discussed in this 
action, so no further evaluation is needed.
    For the 1-hour ozone SIP, NYSDEC discusses the ``anti-backsliding'' 
provisions within the Rate of Progress/Reasonable Further Progress 
Demonstration discussion of its I/M SIP submittal. Since the NYTEST 
program is part of the 1-hour ozone SIP for the NYMA, NYSDEC must, in 
accordance with CAA section 181(b)(4), continue to meet the reasonable 
further progress requirements of CAA section 182(b)(1). In other words, 
NYSDEC needs to ``make up'' for any decrease in projected emission 
reductions, as indicated in Table 3, that will occur as a result of the 
changes being made to the I/M program through the application of 
programs not already included in the 1-hour ozone SIP.

  Table 3--NYVIP-Only High Enhanced I/M Performance Standard Comparison
                            2011 Ozone Season
                         [In tons per day (tpd)]
------------------------------------------------------------------------
                                       VMT
                                    (1,000's)    VOC (tpd)    NOX (tpd)
------------------------------------------------------------------------
2011    EPA HEPS.................   219,585.48       114.49       161.83
        Target NYVIP.............       ''           119.56       165.22
        Difference/Shortfall.....  ...........       (5.07)       (3.39)
------------------------------------------------------------------------

    In its submittal, NYSDEC noted it had or was planning to adopt 
revisions to its regulations (6 NYCRR Parts 228, 235, 241 and 243) that 
would more than make up this difference.
    As part of the NYMA ozone attainment demonstration SIP, NYSDEC has 
estimated the emission reductions that will result from each of these 
control measures. The expected reductions in 2011 are identified below 
in Table 4.

                                                     Table 4
----------------------------------------------------------------------------------------------------------------
                                                                State effective                    Reduction in
             Regulation                      Rule name                date           Pollutant      2011 (tpd)
----------------------------------------------------------------------------------------------------------------
Part 228............................  Adhesives and Sealants.            9/30/10             VOC            6.08
Part 235............................  Consumer Products......           10/15/09             VOC           16.73
Part 241............................  Asphalt Paving.........             1/1/11             VOC            2.45
Part 243............................  Clean Air Intrastate                5/6/10             NOX             8.7
                                       Rule (CAIR).
----------------------------------------------------------------------------------------------------------------

    As a result of this analysis, it can be concluded that the adoption 
of either the Consumer Products or Adhesives and Sealants provisions 
(when compared to the Table 3 shortfall emission reductions) are all 
that is needed in VOC reductions to prevent ``backsliding'' under the 
1-hour ozone SIP, and the adopted CAIR provisions alone make up the 
necessary NOX reductions.\2\ New York has adopted all of 
these rules with the respective State effective dates identified.
---------------------------------------------------------------------------

    \2\ On July 6, 2011, EPA issued the Cross-State Air Pollution 
Rule (CSAPR) to replace the CAIR rule, which was vacated and then 
remanded to the EPA in 2008, see http://www.epa.gov/airtransport/. A 
December 2008 court decision kept the requirements of CAIR in place 
temporarily, but directed EPA to issue a new rule to implement the 
CAA requirements concerning the transport of air pollution across 
state boundaries. This CSAPR is designed to implement these CAA 
requirements and respond to the court's concerns. The CSAPR takes 
effect January 1, 2012; CAIR will be implemented through the 2011 
compliance periods, and then replaced by the CSAPR.
---------------------------------------------------------------------------

    New York has demonstrated that the changes to its enhanced I/M 
program will meet the performance standard requirements and will 
therefore continue to achieve emission reductions necessary to attain 
and maintain the NAAQS for all criteria pollutants. EPA proposes to 
find that New York has satisfied the section 110(l) of the CAA 
demonstration of noninterference.

VI. What are EPA's conclusions?

    EPA's review of the materials submitted indicates that New York has 
revised its I/M program in accordance with the requirements of the CAA, 
40 CFR part 51 and all of EPA's technical requirements for an 
approvable enhanced I/M program. EPA is proposing to approve the 
revisions to the Title 6, New York Codes, Rules and Regulations 
(NYCRR), Part 217, ``Motor Vehicle Emissions,'' Subparts 217-1, 217-4 
and the adoption of new Subpart 217-6, as effective on December 5, 
2010,

[[Page 57701]]

and the New York State Department of Motor Vehicles (NYSDMV) regulation 
Title 15 NYCRR Part 79 ``Motor Vehicle Inspection,'' Sections 79.1-
79.15, 79.17, 79.20, 79.21, 79.24, 79.25, as effective on December 29, 
2010, which incorporate the State's motor vehicle I/M program 
requirements. The CAA gives states the discretion in program planning 
to implement programs of the state's choosing as long as necessary 
emission reductions are met. EPA is also proposing to approve New 
York's performance standard modeling demonstration, which reflects the 
State's I/M program as it is currently implemented in the NYMA as well 
as throughout New York State.

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

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

    Dated: September 6, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2011-23855 Filed 9-15-11; 8:45 am]
BILLING CODE 6560-50-P


