Federal Register: December 28, 2006 (Volume 71, Number 249)
DOCID: FR Doc E6-22305
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
EPA ID: [EPA-R09-OAR-2005-AZ-0009; FRL-8262-5]
NOTICE: PROPOSED RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY:
Approval and Promulgation of Implementation Plans; Arizona; Motor Vehicle Inspection and Maintenance Programs
DATES: Written comments must be received at the address below on or before January 29, 2007.
DOCUMENT SUMMARY:
EPA is proposing to approve two revisions to the Arizona State Implementation Plan submitted by the Arizona Department of Environmental Quality. These revisions consist of changes to Arizona's Basic and Enhanced Vehicle Emissions Inspection Programs that would exempt collectible vehicles in the Phoenix metropolitan area, and collectible vehicles and motorcycles in the Tucson metropolitan area, from emissions testing requirements; an updated performance standard evaluation for the vehicle emissions inspection program in the Phoenix area; and new contingency measures. EPA is proposing approval of these two state implementation plan revisions because they meet all applicable requirements of the Clean Air Act and EPA's regulations and because the exemptions would not interfere with attainment or maintenance of the national ambient air quality standards in the two affected areas. EPA is proposing this action under the Clean Air Act obligation to take action on State submittals of revisions to state implementation plans. The intended effect is to exempt these vehicle categories from the emissions testing requirements of the State's vehicle emissions inspection programs as approved for the Phoenix and Tucson areas.
SUMMARY:
Arizona,
SUPPLEMENTAL INFORMATION
Throughout this document, the terms ``we'', ``us'', and ``our'' refer to EPA.
Table of Contents
I. Introduction and Background
II. Summary of Arizona's SIP Submittals
III. EPA Review of the SIP Revisions
A. CAA Procedural Provisions
B. I/M Program Requirements
1. Vehicle Coverage and Exemptions
2. Compliance Enforcement
3. Performance Evaluation
C. Demonstrating Noninterference With Attainment and Maintenance Under CAA Section 110(l)
1. Ozone
2. Carbon Monoxide
3. Particulate Matter
4. Air Toxics
5. Conclusion
D. Contingency Provisions of CAA Section 175A(d) IV. EPA's Proposed Action and Request For Public Comment
V. Statutory and Executive Order Reviews
I. Introduction and Background
In May 1995, EPA approved Arizona's Basic and Enhanced Vehicle
Emissions Inspection/Maintenance (VEI) Programs as meeting the
applicable requirements of the Clean Air Act, as amended in 1990 (CAA
or ``Act'') and EPA's motor vehicle inspection and maintenance rule
(``EPA's I/M rule'' or ``federal I/M rule'') as amended. See 60 FR
22518 (May 8, 1995). A ``basic'' I/M program was required in the Tucson
Air Planning Area carbon monoxide (CO) nonattainment area (referred to
by Arizona in this context as ``Area B'') and in the Phoenix
metropolitan CO and ozone nonattainment area (referred to as ``Area
A''). The VEI programs were designed to reduce emissions of CO, volatile organic compounds (VOC) and oxides of nitrogen
(NO
\1\ The Phoenix metropolitan area is also a nonattainment area
for respirable particulate matter (PM
Since the Arizona VEI programs were originally approved in May 1995, EPA has amended the federal I/M rule several times to provide states with more flexibility in designing their programs but also to require testing of the onboard diagnostic (OBD) system. Since that time, Arizona has also made a number of changes to its enhanced and basic VEI programs.
In January 2003, we approved changes to the Arizona VEI programs
submitted to us on July 6, 2001 and April 10, 2002, including the
incorporation of OBD testing, an exemption for the first five model
year vehicles from the programs on a rolling basis, replacement of the
previouslyapproved remote sensing program in Phoenix with an onroad
testing study, and legislative changes to the waiver provisions. See 68
FR 2912 (January 22, 2003). In our January 2003 final rule, we also
approved the VEI program in the Phoenix area as meeting the enhanced I/
M program performance standard. In today's notice, we propose action on
a statutory change made by the Arizona Legislature to the Arizona VEI
programs to exempt certain categories of vehicles from emissions testing requirements.
[[Page 78117]]
II. Summary of Arizona's SIP Submittals
The Arizona Department of Environmental Quality (ADEQ) submitted the most recent statutory changes to its Basic and Enhanced VEI Programs as a revision to the Arizona State Implementation Plan (SIP) on December 23, 2005 (``VEI SIP Revision''). The VEI SIP Revision submittal includes the SIP revision itself, divided into a non regulatory portion, ``Final Arizona State Implementation Plan Revision, Basic and Enhanced Vehicle Emissions Inspection/Maintenance Programs'' (December 2005), and a regulatory portion, House Bill (HB) 2357, as well as supporting materials related to legal authority, adoption, public process and technical analysis.
HB 2357 amends the Arizona Revised Statutes (ARS) Section 49542 by exempting vehicles that are at least 15 years old or are of a unique and rare design and that carry collectible vehicle insurance that restricts the mileage and/or use of the vehicle (``collectible vehicles'') from emissions testing in both Area A (i.e., the Phoenix area) and Area B (i.e., the Tucson area). In addition, HB 2357 exempts motorcycles in the Tucson area from emissions testing. Specifically, the amendments to ARS 49542 are found in paragraphs or subparagraphs (J)(2)(k), (J)(2)(l), (Y), and (Z) of that section of code. The changes to ARS Section 49542 are selfimplementing, which means that they become effective upon EPA approval as a revision to the Arizona SIP.
Among the technical materials included in the VEI SIP Revision
submittal package is a report \2\ prepared by ADEQ that evaluates the
impacts of exempting three vehicle categories (vehicles 25 model years
old and older, motorcycles, and collectible vehicles) from the
emissions testing requirements on ambient air quality and on the
ability of Areas A and B (i.e., Phoenix and Tucson, respectively) to
maintain or attain the national ambient air quality standards (NAAQS).
The report concluded that the testing and repair of these vehicle
categories as a whole does provide a significant air quality benefit.
The analysis, however, also identified a subset of vehicle categories
(collectible vehicles in Phoenix and Tucson plus motorcycles in Tucson)
for which the emissions testing requirement does not provide a
significant air quality benefit and for which exemption would not
interfere with continued maintenance of the CO NAAQS or progress
towards the 8hour ozone NAAQS. HB 2357 was a Legislative response to the findings in this report.
\2\ ``Report on Potential Exemptions from Vehicle Emissions
Testing for Motorcycles, Collectible Vehicles, and Vehicles 25 Model Years Old and Older'' (December 2004).
In consultation with EPA concerning the VEI SIP Revision, ADEQ
prepared an updated performance standard evaluation for the VEI program
in the Phoenix area to reflect the new exemption for collectible
vehicles, and developed new contingency measures that are intended to
provide for reinstatement of emissions testing for the newly exempt
vehicle categories in the event that a violation of the carbon monoxide
NAAQS were to be recorded in the Phoenix or Tucson areas. On October 3,
2006, ADEQ adopted and submitted the updated performance standard
evaluation and new contingency measures in a supplemental SIP revision,
entitled, ``Supplement to Final Arizona State Implementation Plan
Revision, Basic and Enhanced Vehicle Emissions Inspection/Maintenance
Programs, December 2005'' (September 2006) (``VEI SIP Supplement''). As
part of the submittal of the VEI SIP Supplement, ADEQ documented the
public participation process that was conducted by ADEQ prior to adoption and submittal to EPA.
III. EPA Review of the SIP Revisions
A. CAA Procedural Provisions
CAA section 110(l) requires revisions to a SIP to be adopted by the state after reasonable notice and public hearing. EPA has promulgated specific requirements for SIP revisions in 40 CFR part 51, subpart F.
On October 20 and 21, 2005, ADEQ published notices in newspapers of general circulation in the Phoenix and Tucson areas of public hearings on proposed revisions to the Arizona SIP to exempt collectible vehicles in Phoenix and collectible vehicles and motorcycles in Tucson from emissions testing requirements under the Arizona VEI programs (i.e., a draft VEI SIP Revision). Public hearings were held on November 28, 2005 in Phoenix and November 30, 2005 in Tucson. On December 23, 2005, in accordance with Arizona law, ADEQ adopted these exemptions as set forth in ``Final Arizona State Implementation Plan Revision, Basic and Enhanced Vehicle Emissions Inspection/Maintenance Programs'' (December 2005) as a revision to the Arizona SIP and submitted the revision to EPA for approval.
ADEQ followed a similar process in adopting and submitting the VEI SIP Supplement. ADEQ held a public hearing in Tucson on August 30, 2006 and in Phoenix on August 31, 2006 on a draft VEI SIP Supplement and adopted the VEI SIP Supplement on October 3, 2006 in accordance with Arizona law prior to submittal to EPA as a revision to the Arizona SIP.
ADEQ's VEI SIP Revision and VEI SIP Supplement submittal packages include evidence of public notice and hearing, ADEQ responses to public comments, and ADEQ adoption as described above, and, based on review of these materials, we find that ADEQ has met the procedural requirements of CAA section 110(l) and 40 CFR part 51, subpart F.
B. I/M Program Requirements
As noted in Section I, Introduction and Background, herein, Arizona's VEI programs were most recently approved as meeting federal I/M program requirements on January 22, 2003 (68 FR 2912). Although the Phoenix and Tucson areas have been redesignated to ``attainment'' for the CO NAAQS, the VEI programs continue to be relied upon to maintain the CO standard in those areas. Moreover, ``enhanced'' I/M remains an ``applicable requirement'' for the Phoenix area under our final rule implementing the 8hour ozone NAAQS (see 40 CFR 51.900(f) and 51.905(a)(1)) based on the designation of that area as a nonattainment area for the 8hour ozone NAAQS (and designation as nonattainment for the 1hour ozone NAAQS at the time of designation for the 8hour standard). Thus, to be approved, the VEI programs, as amended and evaluated herein, must continue to meet the relevant enforceability requirements for I/M programs in subpart S of 40 CFR part 51 and, for the Phoenix area with respect to ozone, the enhanced performance standard in 40 CFR 51.351. In the following paragraphs, we review ADEQ's VEI SIP Revision and VEI SIP Supplement to determine whether the amended VEI programs continue to meet federal I/M program requirements. The aspects of I/M affected by the submitted revisions to the VEI programs include vehicle coverage and exemptions, compliance enforcement, and the performance standard evaluation.
1. Vehicle Coverage and Exemptions
The performance standard for enhanced I/M programs (including
alternate low enhanced programs) assumes coverage of all 1968 and later
model year light duty vehicles and trucks. Light duty trucks are not
included in the performance standard for basic I/M programs. Other levels of coverage may be approved if the
[[Page 78118]]
necessary emission reductions are achieved. See 40 CFR 51.356.
The Arizona VEI programs approved by EPA in 1995 exempt several
categories of vehicles from the emissions testing requirements. Such
vehicle categories included, among others, vehicles manufactured in or
before the 1966 model year and vehicles being sold between motor
vehicle dealers. See 60 FR 22518, 22521 (May 8, 1995). In 2003, we
approved revisions to the VEI programs including an exemption for the
first five model year vehicles on a rolling basis. See 68 FR 2912
(January 22, 2003). The SIP revision we are acting on today would
establish additional vehicle categories that would be exempt from
emissions testing requirements: collectible vehicles in the Phoenix and
Tucson areas and motorcycles in the Tucson area. Based on data for
calendar year 2003, collectible vehicles make up 0.5 percent of the
fleet of vehicles subject to VEI in the Phoenix area, and collectible
vehicles and motorcycles together make up 2.1 percent of the subject fleet in the Tucson area. See Table 1 below.
Table 1.Percentage of Fleet Affected by SIP Revision \1\
Number of Percent of
vehicles vehicle
tested fleet Phoenix:
Total Tested Fleet........................ 825,812 100.0
Estimated Number of Collectible Vehicles.. 3,800 0.5 Tucson:
Total Tested Fleet........................ 373,734 100.0
Estimated Number of Collectible Vehicles.. 1,400 0.4
Number of Motorcycles..................... 6,240 1.7 \1\ From Table 1 on page 4 of the VEI SIP Revision.
Basic and enhanced I/M programs are not required to test motorcycles. However, the emissions testing of motorcycles was shown to have a significant air quality benefit in the Phoenix area, so the State has not adopted an exemption for motorcycles in that area. The effect of the new exemptions on the continued ability of the VEI program in the Phoenix area to meet the enhanced I/M program performance standard is discussed below in Section III.B.3, ``Performance Evaluation,'' and the effect of the new exemptions on emissions and ambient air quality in both Phoenix and Tucson is discussed herein in Section III.C, ``Demonstrating Noninterference With Attainment And Maintenance Under CAA Section 110(l).''
2. Compliance Enforcement
Section 51.361 of title 40 of the CFR requires that denial of motor vehicle registration be the method used to ensure compliance with enhanced I/M programs. ARS Section 49542(D) and Arizona Administrative Code (AAC) R1821007 require that all vehicles must complete a vehicle emissions inspection to obtain a vehicle registration.
Collectible vehicles exempt from emissions testing under the
submitted SIP revision are required to have collectible vehicle
insurance. This type of vehicle is ``maintained primarily for use in
car club activities, exhibitions, parades or other functions of public
interest or for a private collection and is used only infrequently for
other purposes'' and ``has a collectible vehicle or classic automobile
insurance coverage that restricts the collectible vehicle mileage or
use, or both, and requires the owner to have another vehicle for personal use.'' \3\
\3\ See HB 2357, in Appendix A of the VEI SIP submittal.
The Arizona Department of Transportation, Motor Vehicle Division (MVD), will be able to track collectible vehicles in cooperation with collectible vehicle insurers. Insurers who submit evidence of collectible vehicle insurance to MVD will have those vehicles automatically tagged in MVD's database to be exempt from testing at renewal of registration. Should those vehicles' collectible insurance be cancelled or not be renewed, MVD will be notified by the insurer and will send the vehicle owner a letter that the collectible vehicle's registration will be cancelled. The owner of the vehicle has 14 days after receipt of the letter from MVD to submit a new policy. If this is not done, the vehicle's registration is cancelled, as is the exemption from emissions testing.
In contrast to collectible vehicles, exemption of motorcycles in the Tucson area from emissions testing would be straightforward from the standpoint of compliance enforcement and would not undermine compliance enforcement for other types of vehicles that continue to be subject to the emissions testing requirements under the VEI program in the Tucson area. Owners of motorcycles registered in the Tucson area will simply receive a registration or reregistration form from MVD that indicates ``emissions test not required.''
Therefore, we propose to find that the Arizona VEI programs, as amended to exempt collectible vehicles in the Phoenix and Tucson areas and motorcycles in the Tucson area, continue to meet the compliance enforcement requirements of 40 CFR 51.361.
3. Performance Evaluation
In our review of ADEQ's VEI SIP Revision submittal, we concluded that the revision could not be approved without a performance evaluation demonstrating that the VEI program, as amended to exempt collectible vehicles, would continue to meet the federal enhanced I/M performance standard (codified at 40 CFR 51.351) in the Phoenix area. The need for an updated performance evaluation follows from the fact that the Phoenix area, which was designated as nonattainment for the 1 hour ozone NAAQS (at the time of designation for the 8hour ozone nonattainment), is designated as nonattainment for the 8hour ozone NAAQS and that enhanced I/M remains an ``applicable requirement'' for such areas under our final rule implementing the 8hour ozone NAAQS (see 40 CFR 51.900(f) and 51.905(a)(1)).
In response, ADEQ prepared an updated performance evaluation using the most recent version of EPA's motor vehicle emissions model, MOBILE6.2. This updated evaluation was included in the VEI SIP Supplement submitted to EPA on October 3, 2006. The VEI SIP Supplement includes a summary report and paper copies of MOBILE6.2 input and output files.
[[Page 78119]]
For the updated evaluation, ADEQ developed and applied reduction factors to exclude collectible vehicles from the fleet tested under the VEI program as provided for in HB 2357. ADEQ then compared the emissions reduction benefits from the revised VEI program with the corresponding benefits that would be achieved under EPA's alternate low enhanced I/M performance standard.
The results of ADEQ's analysis are summarized in Table 2 below,
which shows that the emissions reduction benefits achieved by the
Arizona VEI program as amended are higher than those achieved under the
performance standard. The amended Arizona VEI program continues to
achieve greater emissions reductions than the federal model program
because the VEI program includes elements that go beyond federal I/M
requirements. These include a requirement for a onetime only waiver,
an implementation area beyond the nonattainment area boundaries, and denial of waivers for grosslyemitting vehicles.
Table 2.Results of ADEQ's Alternate Low Enhanced Performance Standard Modeling \1\
2008
VOC NOX CO VOC NOX CO
I/M Benefits in Area A (grams/ 0.21 0.10 3.66 0.07 0.09 1.40 mile)........................
I/M Performance Standard 0.16 0.02 2.91 0.04 0.01 1.02 benefits (grams/mile)........
\1\ The emission rates in this table represent the difference between
the fleetwide emission rate under the applicable program (i.e.,
amended Arizona VEI program or EPA's I/M model program) and the
corresponding emission rate under the noI/M scenario. See Tables 1, 2, and 3 of appendix B to the VEI SIP Supplement.
Based on our review of the VEI SIP Supplement, we find ADEQ's
methods used to update the performance standard evaluation and use of
the alternate low enhanced I/M performance standard to be acceptable,
and we find that the VEI program, as amended to exempt collectible
vehicles in the Phoenix area from the emissions testing requirements,
exceeds the alternate low enhanced I/M performance standard in the
Phoenix area as required under 40 CFR 51.351 and 51.905(a)(1).
Therefore, we propose to approve the updated performance standard
evaluation for the Phoenix VEI program, as submitted on October 3, 2006
in the VEI SIP Supplement, as a revision to the Phoenix portion of the Arizona Ozone SIP.
C. Demonstrating Noninterference With Attainment and Maintenance Under CAA Section 110(l)
Revisions to SIPapproved control measures must meet the requirements of Clean Air Act 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.''
We interpret 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. We also interpret 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 SIPapproved measure may impact NO
As described above, the changes to the Arizona VEI programs that would occur with EPA approval of the two SIP revision submittals evaluated herein (i.e., the new exemptions from emissions testing for collectible vehicles in Phoenix and collectible vehicles and motorcycles in Tucson) affect both the Phoenix and Tucson areas. Therefore, EPA needs to review the effect of the exemptions in both of these areas before we can determine whether we can approve the two SIP revisions under CAA section 110(l).
The VEI SIP Revision submittal that seeks exemption of collectible
vehicles from the Phoenix enhanced I/M program and collectible vehicles
and motorcycles from the Tucson basic I/M program includes an
evaluation of the effects of the revisions to the VEI programs on
ozone, carbon monoxide, PM
The 2004 report indicates that ADEQ used the latest version of EPA's motor vehicle emissions model program, MOBILE6.2, to estimate the emissions effects of the new exemptions. The methods used to gather data included surveys of collectible vehicle insurers and collectible vehicle and motorcycle owners, in addition to acquisition of data from the State vehicle emissions inspections programs, other state agencies, air quality planning agencies and relevant air quality plans. We find that ADEQ used reasonable methods and appropriate models in estimating the emissions effects of the new exemptions. Table 3 below summarizes ADEQ's estimates by geographic area, vehicle category, and pollutant in units of metric tons per day (mtpd). Table 3 also shows the emissions impact as a percentage of the overall pollutantspecific inventory in the applicable area.
[[Page 78120]]
Table 3.VOC and CO Emissions Inventory Impacted by the VEI SIP Revision
Areawide I/M benefit Percent of
total from test areawide
Vehicle category emissions and repair total
inventory of vehicles emissions
(mtpd) \1\ (mtpd) inventory Phoenix:
Collectible Vehicles:
VOC...................... 328.9 0.03 0.009
CO....................... 912.3 0.32 0.035 Tucson:
Collectible Vehicles:
VOC...................... 84.8 0.01 0.012
CO....................... 598.5 0.14 0.023
Motorcycles:
VOC...................... 84.8 0.03 0.035
CO....................... 598.5 0.09 0.015
\1\ I/M Benefit = the reduction in emissions due to the repair of
vehicles that exceed the prescribed emissions standards in Arizona Administrative Code (A.A.C.) R1821031.
1. Ozone
Ozone is formed by the interaction of directlyemitted precursor
emissions, volatile organic compounds (VOC) and oxides of nitrogen
(NO
Phoenix. By rule effective June 15, 2004, EPA designated the
Phoenix area as a ``basic'' nonattainment area for the new 8hour ozone
NAAQS based on 20012003 air quality monitoring data. See 69 FR 23858
(April 30, 2004). As indicated in Table 3 above, the revision to the
VEI program in Phoenix would increase VOC emissions by 0.03 metric tons
per day, which represents approximately 0.009% of the overall VOC
emissions inventory in this area under existing conditions. ADEQ did
not estimate NO
These incremental emissions impacts of the VEI SIP Revision would
occur in an area for which overall VOC and NO
\4\ See Maricopa Association of Governments (MAG), ``OneHour
Ozone Redesignation Request and Maintenance Plan for the Maricopa County Nonattainment Area,'' March 2004, pp. 311 and 312.
\5\ See Table 4 in the VEI SIP Revision and see the Quick Look
Reports (dated August 14, 2006 and August 31, 2006) included in the docket for this proposed rule.
Therefore, based on the minimal likely effect of the VEI SIP
Revision on VOC and NO
Tucson. EPA included the Tucson area in ``rest of state,'' an area
that we designated as ``unclassifiable/attainment'' for the new 8hour
ozone NAAQS. See 69 FR 23858 (April 30, 2004). As indicated in Table 3
above, the revision to the VEI program in Tucson would increase VOC
emissions by 0.04 metric tons per day, which represents approximately
0.047% of the overall VOC emissions inventory in this area under
existing conditions. For the reasons given above for the Phoenix area,
we would expect any change, positive or negative, in NO
These incremental changes in ozone precursor emissions would occur in an area where the highest threeyear average of the annual fourth highest daily maximum level (i.e., the statistical basis for the NAAQS) collected among the nine stations comprising the ozone monitoring network in the Tucson area was approximately 10% below the 8hour ozone NAAQS (based on 20032005 data).\6\ As such, we agree with ADEQ's conclusion that the slight change in ozone precursor emissions from the exemption of collectible vehicles and motorcycles from emissions testing requirements of the VEI program would not interfere with continued attainment of the 8hour ozone NAAQS in the Tucson area. \6\ See Table 5 of the VEI SIP Revision and the Quick Look Reports (dated August 14, 2006 and August 31, 2006) included in the docket for this proposed rule.
2. Carbon Monoxide
Carbon monoxide (CO) is a product of incomplete combustion of fuels. In most urban areas, most of the CO comes from motor vehicle exhaust.
Phoenix. In 2005, EPA redesignated the Phoenix area for CO, and approved a maintenance plan that provides for maintenance of the CO NAAQS in that area through 2015. See 70 FR 11553 (March 9, 2005) and 70 FR 52926 (September 6, 2005).
As indicated in Table 3 above, the revision to the VEI program in
Phoenix would increase CO emissions by 0.32 metric tons per day, which
represents approximately 0.035% of the overall CO emissions inventory
in this area under existing conditions. The incremental CO emissions
increase of the SIP revision would occur in an area where overall CO
emissions are expected to remain relatively constant over the next 10
years and where ambient CO levels are well below the NAAQS.
Specifically, in the Phoenix area, overall CO emissions are expected to decrease by only 1% between 2006 and 2015,\7\ and the
[[Page 78121]]
highest secondhighest value (i.e., the basis for the NAAQS) collected
among the 15 stations comprising the CO monitoring network in the
Phoenix area is 5.1 parts per million (ppm), eighthour average, or
less than 60% of the 8hour CO NAAQS (based on 20042005 data).\8\
\7\ See Maricopa Association of Governments, ``Carbon Monoxide
Redesignation Request and Maintenance Plan for the Maricopa County Nonattainment Area,'' May 2003, pp. 310.
\8\ See Table 14 of the VEI SIP Revision and the Quick Look
Reports (dated August 14, 2006 and August 31, 2006) included in the docket for this proposed rule.
Therefore, based on the minimal estimated increase in CO emissions due to the VEI SIP Revision, the relatively constant level of overall CO emissions, and monitoring data that shows that ambient CO levels remain well below the CO NAAQS, we find that exempting collectible vehicles from emissions testing under the VEI program would not interfere with continued attainment of the CO NAAQS in the Phoenix area.
Tucson. Tucson was designated as a ``not classified'' CO nonattainment area following the CAA Amendments of 1990. See 56 FR 56694 (November 6, 1991). Arizona implemented its VEI program in the Tucson area as part of the control strategy to attain and maintain the CO NAAQS in the area. In 2000, EPA redesignated the Tucson area to attainment for CO and approved the area's maintenance plan, which provides for maintenance of the CO NAAQS through 2008. See 65 FR 36353 (June 8, 2000), 65 FR 50651 (August 21, 2000), and 69 FR 12802 (March 18, 2004).
As indicated in Table 3 above, the revision to the VEI program in
Tucson would increase CO emissions by 0.23 metric tons per day, which
represents approximately 0.038% of the overall CO emissions inventory
in this area under existing conditions. The incremental CO emissions
increase of the SIP revision would occur in an area where ambient CO
levels are well below the NAAQS. Specifically, in the Tucson area the
highest secondhighest value (i.e., the basis for the NAAQS) collected
among the six stations comprising the CO monitoring network in the
Tucson area is 2.5 ppm, eighthour average, or less than 30% of the 8 hour CO NAAQS (based on 20042005 data).\9\
\9\ See Table 15 of the VEI SIP Revision and the Quick Look
Reports (dated August 14, 2006 and August 31, 2006) included in the docket for this proposed rule.
Therefore, based on the minimal estimated increase in CO emissions due to the VEI SIP Revision and monitoring data that shows that ambient CO levels remain well below the CO NAAQS, we find that exempting collectible vehicles and motorcycles from emissions testing under the VEI program would not interfere with continued attainment of the CO NAAQS in the Tucson area.
3. Particulate Matter
EPA has promulgated different NAAQS for particles with a nominal
aerodynamic diameter of 10 microns or less (PM
Phoenix. In 1990, the Phoenix area was designated as a ``moderate''
nonattainment for the PM
The Phoenix area PM
\10\ See Maricopa Association of Governments, ``Revised MAG 1999
Serious Area Particulate Plan for PM10 for the Maricopa County Nonattainment Area,'' February 2000, pp. 815.
\11\ We will make this determination when qualityassured data for 2006 are available.
PM
PM
Based on the same rationale, we can also conclude that the
exemption of collectible vehicles from the emissions testing
requirements of the VEI program in the Phoenix area would not interfere
with attainment of the NAAQS for PM
concentrations in the Phoenix area are well below the applicable NAAQS.
Tucson. EPA has included the Tucson area in the ``unclassifiable''
area designation for the PM
4. Air Toxics
Phoenix and Tucson. Since the CAA does not have ambient air quality standards for air toxics, the EPA's interpretation of section 110(l) is that an area's compliance with any applicable MACT standards, as well as any Federal Motor Vehicle Control Programs (FMVCP) under sections 112 or 202(l) of the CAA constitutes an acceptable demonstration of noninterference for air toxics. Motor vehicles are not subject to MACT standards, and the VEI SIP Revision will not interfere with any Federal Motor Vehicle Control Programs that apply in the area. For these reasons, the State thus concludes, and EPA concurs, that the VEI SIP Revision would not interfere with any applicable CAA requirements relative to air toxics.
5. Conclusion
Based on the above discussion, EPA concludes that the changes to
the Arizona VEI programs that would occur with EPA approval of the VEI
SIP Revision and VEI SIP Supplement (i.e., the exemptions from emissions testing for collectible vehicles in the Phoenix
[[Page 78122]]
area and collectible vehicles and motorcycles in the Tucson area) would
not interfere with attainment or maintenance of any of the NAAQS in the
Phoenix or Tucson areas and would not interfere with any other
applicable requirement of the Act, and thus, are approvable under CAA
section 110(l). Therefore, we propose to approve statutory exemptions
from emissions testing for collectible vehicles in Phoenix and
collectible vehicles and motorcycles in Tucson, as submitted on
December 23, 2005 in the VEI SIP Revision, as a revision to the Phoenix and Tucson portions of the Arizona CO and Ozone SIPs.
D. Contingency Provisions of CAA Section 175A(d)
In 2000, EPA redesignated the Tucson area from nonattainment to attainment for the CO NAAQS and approved a maintenance plan. See 65 FR 36353 (June 8, 2000), 65 FR 50651 (August 21, 2000), and 69 FR 12802 (March 18, 2004). In 2005, EPA did the same for the Phoenix area. See 70 FR 11553 (March 9, 2005) and 70 FR 52926 (September 6, 2005). The CO maintenance plans for the two areas include contingency elements or plans that we approved as meeting the requirements of CAA section 175A(d).
For the Phoenix area, the contingency plan establishes an action (or trigger) level protective of the NAAQS and identifies several measures, including expansion of ``Area A'' (the area in which certain control measures apply), for early implementation as well as consideration of additional measures on a set schedule following the triggering event. For the Tucson area, the contingency plan establishes trigger or action levels as well as schedules for review and collection of data and consideration of adoption of control measures from a preselected list of such measures. At the time of redesignation of the Phoenix and Tucson areas to attainment for the CO NAAQS, the VEI programs were adopted and approved into the Arizona SIP and were assumed to continue in effect throughout the maintenance periods. Moreover, the VEI programs at the time of redesignation of these areas did not exempt collectible vehicles or motorcycles in either area from the emissions testing requirements.
Generally, contingency plans should clearly identify the measures to be adopted, a schedule and procedure for adoption and
implementation, and a specific time limit for action by the State and
should also identify specific indicators, or triggers, which will be
used to determine when the contingency measures need to be implemented.
See EPA Memorandum from John Calcagni, Office of Air Quality Planning
and Standards, entitled ``Procedures for Processing Requests to
Redesignate Areas to Attainment,'' dated September 4, 1992. At a
minimum, CAA section 175A(d) requires that the State adopt as
contingency measures all control measures that had been approved in the
SIP for the area prior to redesignation but that the State subsequently
repeals or relaxes. In this instance, because the EPAapproved VEI
emissions testing requirements applied to collectible vehicles and
motorcycles at the time of redesignation for the Phoenix and Tucson
areas, reinstatement of emissions testing for these newlyexempt
vehicle categories must be adopted as contingency measures for the
Phoenix and Tucson CO maintenance areas to comply with CAA section 175A(d).
ADEQ's VEI SIP Supplement includes two new contingency measures that establish a binding commitment on ADEQ to request Legislative action to reinstate emissions testing for collectible vehicles in the Phoenix area or collectible vehicles and motorcycles in the Tucson area should the applicable area experience a violation of the CO NAAQS. See pages 1 and 2 of the VEI SIP Supplement. Specifically, ADEQ's contingency measures involve notification to the Legislature by the October following a violation of the CO NAAQS in the Phoenix or Tucson areas. After notifying the Legislature, ADEQ will request that the Arizona Legislature enact new legislation to reinstate the categories of vehicles exempted through EPA approval of the VEI SIP Revision and VEI SIP Supplement (i.e., collectible vehicles in Phoenix or collectible vehicles and motorcycles in Tucson) during the General Legislative Session that begins in January. ADEQ's request to the Legislature will call for testing to be renewed for the newly exempt vehicle categories in the applicable area beginning the January following the General Legislative Session.
We view ADEQ's contingency measures in the context of the existing EPAapproved CO contingency plans for the Phoenix and Tucson areas, and as such, we find that the plans, as amended to include these new contingency measures, continue to meet the requirements of CAA section 175A(d), and that the new measures themselves are consistent with relevant EPA guidance. Therefore, we propose to approve the contingency measures, as adopted and submitted by ADEQ on October 3, 2006 in the VEI SIP Supplement, as a revision to the Phoenix and Tucson area portions of the Arizona CO SIP.
IV. EPA's Proposed Action and Request for Public Comment
Under section 110(k) of the CAA, EPA is proposing to approve the revisions to the Arizona SIP submitted by the State of Arizona on December 23, 2005 and October 3, 2006 concerning the Arizona VEI programs implemented in the Phoenix and Tucson areas because we find that the revisions are consistent with the requirements of the CAA and EPA's regulations.
Specifically, we are proposing to approve exemptions from emissions testing requirements for collectible vehicles in the Phoenix area and collectible vehicles and motorcycles in the Tucson area as set forth in the ``Arizona State Implementation Plan Revision, Basic and Enhanced Vehicle Emissions Inspection/Maintenance Programs'' (December 2005) and ARS Section 49542 as amended in section 1 of Arizona House Bill 2357, 47th Legislature, 1st Regular Session (2005) and approved by the Governor on April 13, 2005; and the updated performance standard evaluation for the Phoenix area and new contingency measures as set forth in the ``Supplement to Final Arizona State Implementation Plan Revision, Basic and Enhanced Vehicle Emissions Inspection/Maintenance Programs, December 2005'' (September 2006).
We will accept comments from the public on this proposal for the next 30 days.
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)).
This action merely proposes to approve changes to state law as meeting
Federal requirements and imposes no additional requirements beyond
those imposed by state law. Accordingly, the Administrator certifies
that this proposed rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve
changes to state law and does not impose any additional enforceable duty beyond that required
[[Page 78123]]
by state law, it does not contain any unfunded mandate or significantly
or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 1044).
This proposed rule also does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (59 FR 22951, November 9, 2000), nor will it have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely proposes to approve changes to state law implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This proposed rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this proposed rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ``Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued under the executive order. This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 12, 2006.
Jane Diamond,
Acting Regional Administrator, Region 9.
[FR Doc. E622305 Filed 122706; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT
Wienke Tax, Office of Air Planning,
U.S. Environmental Protection Agency, Region 9, (520) 6221622, email:
tax.wienke@epa.gov.