United States             Air and Radiation         EPA420-F-97-052
                   Environmental Protection                         August 1997
                   Agency

                   Office of Mobile Sources
&EPA       Regulatory
                  Announcement
                   Minor Amendments to Inspection/
                   Maintenance Program Evaluation
                   Requirements
                   The U.S. Environmental Protection Agency (EPA) has proposed
                   changing the inspection/maintenance (I/M) rule's mandatory program
                   evaluation to require states to use a sound evaluation methodology
                   capable of providing accurate information about the overall
                   effectiveness of an I/M program. This proposal also clarifies related test
                   requirements.
                  Background Of The Rule
                  Under the 1990 Clean Air Act, EPA published on November 5, 1992, the
                  I/M rule. The Clean Air Act required that enhanced I/M programs con-
                  duct biennial program evaluations using methods established by the
                  Administrator. EPA established the criteria for this in the I/M rule. The
                  program evaluation was to include state-administered or -monitored
                  program evaluation tests on a random, representative sample of at least
                  0.1 percent of the annual subject vehicle population. The program
                  evaluation tests included measuring the gram-per-mile tailpipe emissions
                  using the IM240. Alternative, equivalent mass based transient emission
                  testing (METT) was allowed in place of the IM240, but these had to be
                  approved by EPA.

                  At the time the I/M rule was promulgated, it was anticipated that most
                  programs subject to the enhanced I/M requirement would opt to use
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IM240 as part of their routine testing program. Therefore, requiring
additional, state-administered or -monitored IM240s to confirm the
overall program's effectiveness did not require states to invest in addi-
tional program evaluation testing equipment and did not call for the
development of an alternative program evaluation testing methodology.

The National Highway System Designation Act (NHSDA) was enacted
on November 28, 1995, specifically prohibiting EPA from mandating the
test-only IM240 for program operation. EPA has since determined that
additional flexibility is desirable in order to better accommodate the
wider range of enhanced I/M program designs which states are in the
process of adopting and implementing, and which were not anticipated at
the time the original program evaluation criteria were promulgated. EPA
also believes that alternative, sound methods for meeting the Clean Air
Act's program  evaluation requirement may exist, and the Agency intends
to work with states and other interested parties during the proposed
period of delay to identify and approve these alternatives.
What Are the Key Elements Of The Rule?
This Notice of Proposed Rulemaking:

  • Amends the I/M program evaluation requirements to remove the
    current requirement to conduct METT on 0.1 percent of the
    subject fleet, beginning at the time of program start-up.

  • Creates a new evaluation requirement that would require states to
    conduct program evaluation testing on a minimum of 0.1 percent of
    subject vehicles using a scientifically sound evaluation methodol-
    ogy capable of providing accurate information about the overall
    program effectiveness of an I/M program. Such program evaluation
    testing is to begin by November 30, 1998, and is not required to be
    coincident with program start up.

  • Clarifies that "initial test" simply means that the test is conducted
    before repairs for each test cycle, and does not therefore preclude
    states from using alternative sampling methodologies such as
    roadside pullover to sample the fleet.

  • Proposes to amend the conditions on the program evaluation re-
    quirements of the I/M State Implementation Plans for the Common-
    wealths of Pennsylvania and Virginia and the State of Delaware.

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Who Will Be Affected By The Rule?

Only states that choose to utilize the additional flexibilities will be
affected by the proposed change. Modifications to a state's I/M program
as a result of this rule change may require a SIP revision. Of those af-
fected States, primarily the State I/M program authorities will be af-
fected. Program evaluation equipment suppliers and I/M contractors may
need to adjust to shifting requirements as states accept the new flexibility
and delay implementation of program evaluation.
How Does The Rule Provide Flexibility To The States?

The goal of the proposed rule change is to allow states additional flexibil-
ity to use not only IM240 but other approved alternative methodologies
for their program evaluation. This action may reduce the cost burden the
states would face if they were required to implement IM240 program
evaluation testing while at the same time choosing to implement a differ-
ent test type for the operating program. This action will allow the states
even greater flexibility in designing and implementing I/M program
evaluations which meet their local  needs.
For More Information

For further information on this proposed rulemaking, please contact
Tracey Bradish at:

      U.S. Environmental Protection Agency
      Office of Mobile Sources
      2565 Plymouth Road
      Ann Arbor, Michigan 48105
      (734) 668-4239

Additional documents on I/M programs are available electronically from
the EPA Internet server at:

      http://www.epa.gov/OMSWWW/im.htm

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