[Federal Register Volume 62, Number 223 (Wednesday, November 19, 1997)]
[Rules and Regulations]
[Pages 61633-61635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30376]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[LA-33-1-7357; FRL-5924-6]
Approval and Promulgation of State Implementation Plans (SIP) for
Louisiana: Motor Vehicle Inspection and Maintenance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final disapproval.
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SUMMARY: This EPA rulemaking addresses comments received in response to
the proposed disapproval of the SIP revision submitted by Louisiana for
establishing and operating a motor vehicle Inspection and Maintenance
(I/M) Program, and finalizes disapproval of the plan. An enhanced I/M
program is required in the Baton Rouge serious ozone nonattainment area
under the Clean Air Act (the Act) as amended in 1990. The State lacks
the legal authority to establish and operate an I/M program in the
ozone nonattainment area. This action is being taken under section 110
of the Act.
DATES: This final rule is effective December 19, 1997.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
following locations. Persons interested in examining these documents
should make an appointment with the appropriate office at least 24
hours before the visiting day. Environmental Protection Agency, Region
6, Air Planning Section (6PD-L), 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733. Louisiana Department of Environmental Quality, Air
Quality Compliance Division, 7290 Bluebonnet, 2nd Floor, Baton Rouge,
Louisiana. Louisiana Department of Environmental Quality Capital
Regional Office, 11720 Airline Highway, Baton Rouge, Louisiana.
FOR FURTHER INFORMATION CONTACT: Ms. Sandra G. Rennie, Air Planning
Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733, telephone (214) 665-7367.
SUPPLEMENTARY INFORMATION:
I. Background
On July 31, 1997 (62 FR 41002), EPA published a Notice of Proposed
Rulemaking (NPR) for the State of Louisiana. The NPR withdrew the
previous conditional approval proposed June 9, 1997 (62 FR 31388), and
proposed disapproval of the State's I/M program SIP submitted to
satisfy requirements of section 182(c)(3) of the Act concerning serious
ozone nonattainment areas.
The proposed conditional approval was withdrawn and disapproval
proposed because the State Legislature did not reauthorize and provide
continuous authorization for an I/M program during the 1997 Regular
Legislative Session. Bills to reauthorize the I/M program for two more
years, and to fund the program, were introduced, but neither was
enacted. The I/M program start date, as stated in the SIP, is January
1, 1999. Program reauthorization was needed to develop the program in
time to meet the January 1999 start date. Continuous program
authorization is needed to satisfy I/M Rule 40 CFR 51.372 that requires
states to provide legal authority for the I/M program until such time
as it is no longer necessary. Legal authority in the revised Louisiana
SIP is limited to reauthorization by the State Legislature in odd-
numbered years starting in 1997. The EPA considered this a major
deficiency in the SIP.
Other specific requirements of the Louisiana I/M SIP and the
rationale for EPA's proposed action are explained in the NPRs and will
not be restated here.
II. Public Comments/Response to Comments
This section discusses the content of the comments submitted to the
docket during the Federal comment period for the notice of proposed
rulemaking published in the July 31, 1997, Federal Register (FR), and
provides EPA's response to those comments. The comment period closed
September 2, 1997. One comment was received by the Region. The comment
was from the Louisiana Department of Environmental Quality (LDEQ).
Comment--Transportation Conformity Rule
The LDEQ commented that the inclusion of transportation conformity
sanctions in the proposed rulemaking is an error. The stated sanctions
were in the form of a Transportation Improvement Plan lapse or freeze
following final disapproval. The transportation conformity rule (58 FR
62216, November 24, 1993), clearly defines control strategy
implementation plan. The Louisiana I/M SIP is not a control strategy
implementation plan. Therefore, the State's I/M SIP should not include
transportation conformity sanctions.
Response to Comment
The EPA agrees with LDEQ's comment adding the following
explanation: When the previous NPR was being developed, and at the time
of its publication, the transportation conformity rule was undergoing
revision. The Region chose to include transportation conformity
sanctions at that time as a precautionary measure, pending the
publication of the revised transportation conformity rule.
Subsequently, the revised transportation conformity rule was published
(August 15, 1997, 62 FR 43779). Since the I/M
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program is not part of Louisiana's 15% Rate-of-Progress Plan or its
Post-1996 Rate of Progress/ Attainment Demonstration Plan, it is not
considered a control strategy under the definition in the
transportation conformity rule. The EPA agrees that the transportation
conformity sanctions stated in the proposed disapproval notice do not
apply to Louisiana in this case.
III. Final Rulemaking
The EPA is finalizing disapproval of the Louisiana I/M SIP under
sections 110(k)(3) and 182 of the Act. During the last regular session
ending June 23, 1997, the State Legislature did not provide either
program reauthorization or continuous program authority for the I/M
program as required in the Federal I/M Rule. The Legislature is not
scheduled to meet in regular session until the Spring of 1999, which is
after the January 1, 1999, start date designated in the SIP.
Under section 179(a)(2), if the EPA Administrator takes final
disapproval action on a submission under section 110(k) for an area
designated nonattainment based on the submission's failure to meet one
or more of the elements required by the Act, and the deficiency is not
corrected within 18 months of the effective date of the final
disapproval action, the Administrator must apply one of the sanctions
set forth in section 179(b) of the Act. Section 179(b) provides two
sanctions: Imposition of 2:1 emission offset requirements and
revocation of highway funding. If the Administrator imposes the first
requirement of 2:1 offsets and the deficiency is not corrected within
six months, then the second sanction pertaining to highway funding
shall apply. The sanctions shall apply until the Administrator
determines that the State has corrected the legislative deficiency, and
EPA has issued final approval. This sanctions process is set forth in
40 CFR 52.31. Today's action constitutes final agency action and will
be effective 30 days after publication. The 18-month sanction clock
time frame for the State to correct the deficiency begins upon the
effective date of this final disapproval action. This disapproval
initiates the sanctions process of 179(a) of the Act.
Nothing in today's action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. See 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
The EPA's final disapproval of the State request under sections 110
and 301, and subchapter I, part D of the Act does not affect any
existing requirements applicable to small entities. Any preexisting
Federal requirements remain in place after this final disapproval.
Federal disapproval of the State submittal does not affect its State-
enforceability. Moreover, the EPA's disapproval of the submittal does
not impose any new Federal requirements. Therefore, the EPA certifies
that this final disapproval action does not have a significant impact
on a substantial number of small entities because it does not remove
existing requirements, nor does it impose any new Federal requirements.
C. Small Business Regulatory Enforcement Fairness Act
Under section 801(a)(1)(A) of the Administrative Procedures Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted a report containing this rule and other
required information to the U.S. House of Representatives and the
Comptroller General of the General Accounting Office prior to
publication of the rule in today's Federal Register. This rule is not a
``major rule'' as defined by section 804(2) of the APA as amended.
D. Unfunded Mandates Act
Under section 202 of the Unfunded Mandate Reform Act of 1995,
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 costs to State, local, or
tribal governments in aggregate; or to the 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.
The EPA has determined that the final disapproval action does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action does not
impose new requirements. Accordingly, no additional costs to State,
local, or tribal governments, or private sector, result from this
action.
E. Petitions for Judicial Review
Under Section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 20, 1998. 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 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, Nitrogen dioxide, Ozone.
Dated: November 6, 1997.
Lynda F. Carroll,
Acting Regional Administrator.
Chapter I, title 40, of the Code of Federal Regulations is amended
as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart T--Louisiana
2. Section 52.994 is added to read as follows:
Sec. 52.994 Disapprovals.
The State of Louisiana motor vehicle Inspection and Maintenance (I/
M) program SIP submittal of August 18, 1995, with later editions, is
disapproved based on the failure of the State Legislature to grant
legal authority to reauthorize and continuously operate the program
until the program is no
[[Page 61635]]
longer necessary. The Baton Rouge serious ozone nonattainment area is
required to have an enhanced I/M program under section 182 of the Clean
Air Act (the Act) as amended in 1990. This disapproval initiates the
sanction process of section 179(a) of the Act.
[FR Doc. 97-30376 Filed 11-18-97; 8:45 am]
BILLING CODE 6560-50-P
