[Federal Register Volume 63, Number 250 (Wednesday, December 30, 1998)]
[Proposed Rules]
[Pages 71807-71815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34420]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[LA-49-1-7400; FRL-6204-5]
Approval and Promulgation of Air Quality State Implementation
Plans (SIP); Louisiana: Motor Vehicle Inspection and Maintenance (I/M)
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing conditional approval of a Vehicle
Inspection and Maintenance (I/M) Program proposed by the State of
Louisiana. This action is taken under section 110 of the Clean Air Act
(the Act). This conditional approval is also being proposed under the
parallel processing provision of 40 CFR part 51. The EPA is proposing a
conditional approval because the SIP revision is lacking certain
elements necessary to meet the statutory and regulatory requirements of
an enhanced I/M program. To correct the SIP deficiencies, the State
must commit by a date certain within one year of final EPA rulemaking
on this SIP to: submit a demonstration supporting its claim of 100
percent network effectiveness; submit an effectiveness demonstration of
sticker-based enforcement; submit an opinion from the State Attorney
General regarding barriers to immediate suspension authority in the
Louisiana Constitution; submit an updated interagency agreement between
the Louisiana Department of Environmental Quality (LDEQ) and the
Department of Public Safety (DPS); make changes to the DPS Official
Motor Vehicle Inspection Manual (the Manual) to reflect: changing the
weight of light-and heavy-duty vehicles covered by the program in the
nonattainment area from 8,500 lb. Gross Vehicle Weight Rating (GVWR) to
10,000 lb. GVWR; adding test procedures for evaporative system checks
in the nonattainment area to the Manual; adding a list of evaporative
system check test equipment for the nonattainment area to the Manual;
adding calibration of evaporative system check test equipment to the
Manual; and adding an additional training requirement on evaporative
system check equipment for inspector/technicians in the nonattainment
area to the Manual. Furthermore, the State's I/M program must start up
no later than January 1, 2000, to qualify for a final full approval.
If the State submits these documents and changes to the Manual to
correct the deficiencies noted above by the date committed to within
one year of the final conditional approval, then the I/M submittal will
be fully approved into the SIP. If the conditions are not met by that
date, the conditional approval converts to a disapproval. In addition,
EPA has identified two sections of the Federal I/M Regulation for which
the State cannot meet the requirements as written. The EPA intends to
amend the sections of the Federal rule on test equipment and on-road
testing to exempt programs that meet certain criteria from the portions
of those sections which have been identified elsewhere in this action.
The EPA cannot proceed with final action conditionally approving this
SIP until it has completed final rulemaking amending the Federal I/M
rule with respect to these issues.
DATES: Comments must be received on or before January 29, 1999.
ADDRESSES: Written comments on this action should be addressed to Mr.
Thomas H. Diggs, Chief, Air Planning Section, at the EPA Regional
Office listed below. 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.
I. Background
A final EPA disapproval of the Louisiana 1996 I/M SIP revision was
effective on February 13, 1998. Discussion of background leading up to
that final disapproval can be found in the rulemakings on that SIP, 62
FR 61633 (June 9, 1997), 62 FR 41002 (July 31, 1997), and 62 FR 61633
(November 19,1997). An 18-month sanction clock was started under
section 179 of the Act on the effective date of the final disapproval.
In July 1998, Louisiana sought greater flexibility from EPA for
designing an I/M program tailored to meet the State's air quality
needs. The EPA worked in parallel with the State in developing an
approvable I/M SIP revision.
The State's I/M program is required because of its nonattainment
classification and population. The SIP credits are not taken for the I/
M plan in the 15% Rate-of-Progress (ROP) Plan or the 9% ROP plan, or
the State's attainment demonstration. Additional information on these
actions can be found in EPA's proposed approval in 63 FR 44192 dated
August 18, 1998. Furthermore, EPA believes that in taking action under
section 110 of the Act, it is appropriate to propose granting a
conditional approval to this submittal since there are deficiencies
with respect to certain statutory and regulatory requirements
(identified herein) that EPA believes can be supplied by the State
during the following 12 months. The State must commit to address the
insufficiencies identified above by a date certain within one year of
EPA final action on this SIP.
II. The State's Proposal
Louisiana published a notice of a proposed I/M SIP in the Louisiana
Register on October 20, 1998. The State received public comment through
December 1, 1998. The SIP contains a SIP narrative, I/M Rules, and
several appendices including the DPS Manual addressing the requirements
of the I/M program. The submittal is intended to fulfill the
requirements of the Act for the ozone nonattainment area of Louisiana
that is required to implement an I/M program.
III. EPA's Analysis of Louisiana's Proposal
The EPA reviewed the State's proposal against the requirements
contained in the Act and Federal I/M
[[Page 71808]]
rules (40 CFR part 51, subpart S). Deficiencies that EPA noted are the
need for: (1) a demonstration supporting the State's claim of 100
percent network effectiveness; (2) an effectiveness demonstration of
sticker-based enforcement; (3) an opinion from the State Attorney
General regarding barriers to immediate suspension authority in the
Louisiana Constitution; (4) an updated interagency agreement between
LDEQ and the DPS. In addition, five changes to the DPS Manual must be
made to reflect; (5) changing the weight of light- and heavy-duty
vehicles covered by the program in the nonattainment area from 8,500
lb. GVWR to 10,000 lb. GVWR; (6) adding test procedures for evaporative
system checks in the nonattainment area to the Manual; (7) adding a
list of evaporative system check test equipment for the nonattainment
area to the Manual; (8) adding calibration of evaporative system check
test equipment to the Manual; and (9) adding training on evaporative
system check equipment for inspector/technicians in the nonattainment
area to the Manual. During EPA's public comment period, the State must
formally commit to correct these deficiencies by a date certain within
12 months after the date of approval of the plan revision. The State
must then correct the deficiencies within one year of final conditional
approval or this approval will automatically convert to a disapproval
under section 110(k)(4) the Act.
The following analysis describes the Federal requirement and
addresses how the State intends to fulfill the requirements of the Act
and the Federal I/M rules. This analysis assumes the State corrects the
deficiencies stated above. A more detailed analysis of the State
submittal is included in the Technical Support Document for this action
and may be obtained from the EPA Region 6 office. A summary of EPA's
findings follows.
Section 51.350 Applicability.
The SIP needs to describe the applicable areas in detail and,
consistent with Sec. 51.372 of the Federal I/M rule, shall include the
legal authority or rules necessary to establish program boundaries.
The Louisiana regulations specify that an I/M program will be
implemented in the Baton Rouge ozone nonattainment area. The low
enhanced I/M program will be implemented in the urbanized area that
includes East Baton Rouge Parish. In addition to East Baton Rouge
Parish, the program will cover Ascension, Iberville, Livingston, and
West Baton Rouge parishes in the nonattainment area. The authority to
establish program boundaries in this area is found in Louisiana Revised
Statutes (LA R.S.) 32:1304(3).
The State submittal meets the applicability requirement of the
Federal I/M regulation for approval.
Section 51.351-2 Low Enhanced I/M Performance Standard
The I/M program submitted by the State is required to meet a
performance standard, either basic or enhanced as applicable. The
performance standard sets an emission reduction target that must be met
by a program in order for the SIP to be approvable. The SIP must also
provide that the program will meet the performance standard in actual
operation, with provisions for appropriate adjustments if the standard
is not met. Equivalency of emission levels needed to achieve the I/M
program design in the SIP to those of the model program described in
this section must be demonstrated using the most current version of
EPA's mobile source emission model, or an alternative approved by the
Administrator.
The State has submitted a modeling demonstration using the EPA
computer model MOBILE5b and localized parameters showing that the low
enhanced performance standard can be met for Volatile Organic Compounds
(VOCs) in the Baton Rouge area with the program proposed by the State.
The low enhanced performance standard is established in 40 CFR
51.351(g). That section provides that states may select the low
enhanced performance standard if they have an approved SIP for
reasonable further progress in 1996, commonly known as a 15% ROP Plan.
Louisiana's 15% Plan for Baton Rouge was approved on October 22, 1996
(61 FR 54737). Projections of oxides of nitrogen (NOx) emissions were
not included because EPA approved a NOx waiver for Baton Rouge on
January 16, 1996, which was published on January 26, 1996 at 61 FR
2438. Light- and heavy-duty vehicles up to 10,000 lb. GVWR from 1980
and newer model years will be required to participate in the I/M
program. No covered model years are exempted. The State is modeling
with a test and repair program which assumes a 100 percent credit for
network effectiveness. This amount of credit was chosen by the State to
complete the modeling necessary to demonstrate compliance with the
performance standard. States submitting I/M SIP revisions after passage
of the National Highway System Designation Act (NHSDA) are not subject
to an automatic 50 percent credit deduction for decentralized programs
that had been in EPA's original I/M rules. The NHSDA effectively
invalidated this regulatory provision establishing the credit
reduction. However, the State must demonstrate within 12 months of
final conditional approval of the SIP that the network effectiveness
credit claimed is in fact being met, or adjust the credit accordingly
to reflect the actual effectiveness of the test network.
The State must submit a demonstration supporting its claim of 100
percent network effectiveness in order to meet the low-enhanced I/M
performance standard requirements of the Federal I/M regulations for
approval. Although vehicles between 8,500 and 10,000 lb. GVWR are not
required by the Federal I/M rule to be covered, the Louisiana program
needs the credit generated by the additional vehicles to meet the
performance standard. Accordingly, the State must submit a revision to
the DPS Manual changing the maximum weight of light- and heavy-duty
vehicles required to participate in the program from 8,500 lb. GVWR to
10,000 lb. GVWR.
Section 51.353 Network Type and Program Evaluation
The State submittal is required to include a description of the
network to be employed, and the required legal authority. Also, for
enhanced areas, the SIP needs to include a description of the
evaluation schedule and protocol, the sampling methodology, the data
collection and analysis system, the resources and personnel for
evaluation, and related details of the evaluation program, and the
legal authority enabling the evaluation program.
The State is implementing a decentralized test and repair program.
The program includes an ongoing evaluation process with results
reported to EPA on a biennial basis, in July, starting two years after
the initial start of mandatory testing. Surveys assessing
effectiveness, measured rates of tampering, and results of covert
audits will be reported. In addition, the SIP commits to meet the
ongoing program evaluation requirement using a sound methodology
approved by EPA, and of at least 0.1 percent of subject vehicles, and
reporting the results of such evaluation on a biennial basis. Resources
and personnel for the program evaluation are described in the SIP.
Legal authority, which is contained in LA R.S. 32:1305-1306, authorizes
the DPS to implement the program and conduct the program evaluation.
The State SIP meets the network type and program evaluation
requirements of the Federal I/M regulations for approval.
[[Page 71809]]
Section 51.354 Adequate Tools and Resources
The SIP needs to include a description of the resources that will
be used for program operation and discuss how the performance standard
will be met which includes (1) a detailed budget plan which describes
the source of funds for personnel, program administration, program
enforcement, purchase of necessary equipment (such as vehicles for
undercover audits), and any other requirements discussed throughout,
for the period prior to the next biennial self-evaluation required in
the Federal I/M rule, and (2) a description of personnel resources. The
plan shall include the number of personnel dedicated to overt and
covert auditing, data analysis, program administration, enforcement,
and other necessary functions and the training attendant to each
function.
Louisiana R.S. 32:1306.C(2) authorizes the program to charge an
emission inspection fee and a safety/antitampering inspection fee. The
SIP narrative also describes the budget, staffing support, and
equipment that will be added to the existing personnel and budget
needed to implement the program. The State has committed to employ and
train three additional employees dedicated to implementing this
program.
The State submittal meets the adequate tools and resources
requirements of the Federal I/M regulations for approval.
Section 51.355 Test Frequency and Convenience
The State submittal needs to describe the test schedule in detail,
including the test year selection scheme if testing is other than
annual. Also, the SIP needs to include the legal authority necessary to
implement and enforce the test frequency requirement and explain how
the test frequency will be integrated with the enforcement process. In
addition, in enhanced I/M programs, test systems shall be designed in
such a way as to provide convenient service to motorists who are
required to get their vehicles tested. The SIP needs to demonstrate
that the network of stations providing test services is sufficient to
insure short waiting times to get a test and short driving distances to
test stations.
The revised Louisiana I/M SIP commits to testing all designated
vehicles of model years 1980 and newer annually. In addition, at least
0.5 percent of the vehicle population will be subject to on-road
testing. The program is decentralized and stations will adhere to
regular convenient inspection hours. The network of stations will
consist of familiar locations where motorists regularly receive the
annual currently required safety/antitampering inspections and other
vehicle services. Louisiana R.S. 1301-1310 provides the legal authority
for implementation of the test frequency.
The State submittal meets the test frequency and convenience
requirements of the Federal I/M regulations for approval.
Section 51.356 Vehicle Coverage
The State submittal needs to include a detailed description of the
number and types of vehicles to be covered by the program, and a plan
for how those vehicles are to be identified, including vehicles that
are routinely operated in the area but may not be registered in the
area. Also, the SIP needs to include a description of any special
exemptions which will be granted by the program, and an estimate of the
percentage and number of subject vehicles which will be impacted. Such
exemptions need to be accounted for in the emission reduction analysis.
In addition, the SIP needs to include the legal authority or rule
necessary to implement and enforce the vehicle coverage requirement.
The revised Louisiana I/M SIP includes coverage of light- and
heavy-duty cars and trucks up to 10,000 lb. GVWR registered or required
to be registered in the I/M program area, including fleets. Subject
vehicles will be identified through the Department of Motor Vehicle
database. No covered model years are exempt. Approximately 388,000
vehicles will be subject to inspection. Legal authority for vehicle
coverage is contained in LA R.S. 32:1304.A(2), and LA R.S. 47:501 and
503.
The State intends to revise to the Louisiana DPS Official Motor
Vehicle Inspection Manual to increase the weight of vehicles included
in their program in order to meet the performance standard. The weight
of light- and heavy-duty vehicles covered by the program in the
nonattainment area needs to be changed from 8,500 lb. GVWR to 10,000
lb. GVWR for the State program to meet the applicable performance
standard. However, 40 CFR 51.356 only mandates coverage up to 8,500 lb.
GVWR. The State submittal meets this requirement for vehicle coverage
of the Federal I/M rule.
Section 51.357 Test Procedures and Standards
The SIP needs to include a description of each test procedure used.
The SIP also needs to include the rule, ordinance or law describing and
establishing the test procedures.
Vehicles tested in the nonattainment area program shall be subject
to an antitampering check, a fill pipe pressure test, and a gas cap
pressure test. Pressure testing procedures will meet requirements in
EPA IM240 and Evaporative Test Guidance (1998 Revised Technical
Guidance). Authority to conduct tests on vehicles is established in LA
R.S. 32:1304. The State commits to implementing on-board diagnostic
testing on all 1996 and newer vehicles beginning January 1, 2001.
The State must submit a revision to the Louisiana DPS Manual in
order to meet the test procedures requirements of the Federal I/M
regulations for approval. Test procedures for evaporative system checks
in nonattainment areas must be added to the Manual.
Section 51.358 Test Equipment
The State submittal needs to include written technical
specifications for all test equipment used in the program and needs to
address each of the requirements contained in 40 CFR 51.358 of the
Federal I/M rule. The specifications need to describe the emission
analysis process, the necessary test equipment, the required features,
and written acceptance testing criteria and procedures.
The revised Louisiana I/M SIP states that all test equipment
specifications will be consistent with that described in the EPA IM240
and Evap Technical Guidance (August 1998). In addition, the gas cap
integrity test will be in accordance with EPA equipment specifications.
The State must submit a revision to the Louisiana DPS Manual in
order to meet some of the test equipment requirements of the Federal I/
M regulations for approval. A list of evaporative system check test
equipment for the nonattainment area must be added to the Manual.
Because the decentralized program does not include realtime data
capture, which is currently required under section 51.358, this section
of the Federal I/M regulation cannot be satisfied. However, EPA intends
to amend the Federal I/M regulation to allow States, under certain
circumstances, to be exempt from this requirement, provided they can
demonstrate equal data capture effectiveness through other means. The
EPA cannot proceed to final conditional approval of this SIP until EPA
has completed this rulemaking.
[[Page 71810]]
Section 51.359 Quality Control
The State submittal needs to include a description of quality
control and recordkeeping procedures. The SIP needs to include the
procedure manual, rule, ordinance or law describing and establishing
the quality control procedures and requirements.
The revised Louisiana I/M SIP states that the quality control
procedures applicable to the State program design will be conducted in
accordance with 40 CFR 51.359. The requirements under LA R.S. 32:1305
and 1306 ensure that equipment calibrations are properly performed and
recorded while maintaining compliance document security. Equipment
manufacturers' quality control procedures, periodic maintenance
schedules, and calibration procedures will be performed per the SIP
revision to ensure proper operation of the test equipment.
The State must submit a revision to the Louisiana DPS Manual in
order to meet the quality control requirements pertaining to proper
calibration of test equipment of the Federal I/M regulations for
approval. Calibration procedures for evaporative system check test
equipment in the nonattainment area must be added to the Manual.
Section 51.360 Waivers and Compliance Via Diagnostic Inspection
The State submittal needs to include a maximum waiver rate
expressed as a percentage of initially failed vehicles. This waiver
rate needs to be used for estimating emission reduction benefits in the
modeling analysis. Also, the State needs to take corrective action if
the waiver rate exceeds that committed to in the SIP, or revise the SIP
and the emission reductions claimed accordingly. In addition, the SIP
needs to describe the waiver criteria and procedures, including cost
limits, quality assurance methods and measures, and administration.
Lastly, the SIP needs to include the necessary legal authority,
ordinance, or rules to issue waivers, set and adjust cost limits as
required, and carry out any other functions necessary to administer the
waiver system, including enforcement of the waiver provisions.
The State will not have a minimum waiver amount. That is, the State
does not intend to allow any waivers from the program. The revised
Louisiana I/M program therefore includes a waiver rate of 0 percent of
initially failed vehicles. This waiver rate is used in the modeling
demonstration. The State need not provide for waiver program
administration or future corrective action because it does not have a
waiver program at all.
The State submittal meets the waivers and compliance via diagnostic
inspection requirement of the Federal I/M regulations for approval.
Section 51.361 Motorist Compliance Enforcement
The State submittal needs to provide information concerning the
enforcement process, including: (1) a description of the existing
compliance mechanism if it is to be used in the future and the
demonstration that it is as effective or more effective than
registration-denial enforcement; (2) an identification of the agencies
responsible for performing each of the applicable activities in this
section; (3) a description of, and accounting for, all classes of
exempt vehicles; and (4) a description of the plan for testing fleet
vehicles, rental car fleets, leased vehicles, and any other subject
vehicles, e.g., those operated in (but not necessarily registered in)
the program area. Also, the SIP needs to include a determination of the
current compliance rate based on a study of the system that includes an
estimate of compliance losses due to loopholes, counterfeiting, and
unregistered vehicles. Estimates of the effect of closing such
loopholes and otherwise improving the enforcement mechanism shall be
supported with detailed analyses. In addition, the SIP needs to include
the legal authority to implement and enforce the program. Lastly, the
SIP needs to include a commitment to an enforcement level to be used
for modeling purposes and to be maintained, at a minimum, in practice.
The State has chosen to enforce the I/M program with sticker-based
enforcement. The current safety/antitampering program relies on
sticker-based enforcement. Penalties for missing stickers include a
fine, as well as possible criminal charges, or revocation of the
inspector from the program.
The motorist compliance enforcement program will be handled
cooperatively by the DPS, local law enforcement agencies, and the LDEQ.
As a condition to the approval of the I/M SIP, the State is required to
submit a demonstration of sticker-based enforcement effectiveness to
show this method of enforcement is more effective than registration
denial, as required by the Act.
[[Page 71811]]
There are no classes of on-road exempt vehicles. Fleet vehicles
will be allowed to conduct self-testing provided that the fleet testing
stations meet the required equipment standards, are certified by the
administrative authority, and tests are performed in accordance with
established inspection procedures. Motorists operating vehicles in the
I/M areas with an expired or invalid sticker will be subject to
penalties and/or citations by local and State law enforcement
officials, imprisonment, or registration suspension. The SIP commits to
a compliance rate of 96 percent through cooperation with the DPS. The
legal authority to implement and enforce the program is included in the
Louisiana statutes cited in the SIP.
The State must submit a demonstration of sticker-based enforcement
effectiveness in order to meet the motorist compliance enforcement
requirements of the Act and Federal I/M regulations for approval.
Section 51.362 Motorist Compliance Enforcement Program Oversight
The SIP needs to include a description of enforcement program
oversight and information management activities.
The Louisiana I/M SIP provides for regular auditing of its
enforcement efforts and for following effective management practices,
including adjustments to improve the program when necessary. The
program oversight and information management activities listed in the
SIP narrative and in the interagency agreement include schedules and
procedures for I/M document handling and processing, audit procedures,
and procedures for dealing with motorists and inspection facilities
suspected of violating program rules.
The State submittal meets the motorist compliance enforcement
program oversight requirements of the I/M regulations for approval.
Section 51.363 Quality Assurance
The SIP needs to include a description of the quality assurance
program, and written procedures manuals covering both overt and covert
performance audits, record audits, and equipment audits. This
requirement does not include materials or discussion of details of
enforcement strategies that would ultimately hamper the enforcement
process.
The revised Louisiana I/M SIP includes a detailed description of
its quality assurance program. The program includes both covert and
overt audits which will be conducted on a regular basis. The SIP
describes regular performance audits which include the inspection of
records and equipment. Procedures for program oversight are based upon
written instructions and will be updated as necessary.
The State submittal meets the quality assurance requirement of the
Federal I/M regulations for approval.
Section 51.364 Enforcement Against Contractors, Stations and
Inspectors
The SIP needs to include the penalty schedule and the legal
authority for establishing and imposing penalties, civil fines, license
suspension, and revocations. In the case of State constitutional
impediments to immediate suspension authority, the State Attorney
General needs to furnish an official opinion for the SIP explaining the
constitutional impediment, as well as relevant case law. Also, the SIP
needs to describe the administrative and judicial procedures and
responsibilities relevant to the enforcement process, including which
agencies, courts, and jurisdictions are involved; who will prosecute
and adjudicate cases; and other aspects of the enforcement of the
program requirements, the resources to be allocated to this function,
and the source of those funds. In States without immediate suspension
authority, the SIP needs to demonstrate that sufficient resources,
personnel, and systems are in place to meet the three day case
management requirement for violations that directly affect emission
reductions.
The revised Louisiana I/M SIP states that the State may assess
penalties in its enforcement against stations and inspectors. The
penalty schedule is discussed in the SIP narrative. The SIP describes
the enforcement process. The legal authority for Louisiana to assess
penalties is located in LA R.S. 32:1312. The authority for DPS to deny
application for license or revoke or suspend an outstanding license of
any inspection station or the license of any person to inspect vehicles
is found in LA R.S. 32:1305(C). Louisiana has indicated that the State
Constitution precludes immediate suspension of licenses to inspect. The
State must submit a statement from the Attorney General outlining the
Constitutional prohibition and outlining the process by which the State
can suspend or revoke a license within 3 business days of discovery of
the violation.
The State must submit an opinion from the State Attorney General as
described above as a condition of approval. Other than this condition
regarding suspension authority, the State submittal meets the other
requirements for approval of enforcement against inspection stations
and inspectors of the Federal I/M regulations.
Section 51.365-6 Data Collection, Analysis and Reporting
The SIP needs to describe the types of data to be collected and
reported.
[[Page 71812]]
The revised Louisiana I/M SIP provides for collection of test data
to link specific test results to specific vehicles, I/M program
registrants, test sites, and inspectors. The SIP lists the specific
types of test data and quality control data which will be collected to
evaluate program effectiveness. The data collected will be consistent
with that required in the Federal I/M rule. The data will be entered
into an electronic database and used to generate reports in the areas
of test data, quality assurance, quality control, and enforcement.
The State submittal meets the data collection, analysis and
reporting requirements of the Federal I/M regulations for approval.
Section 51.367 Inspector Training and Licensing or Certification
The SIP needs to include a description of the training program, the
written and hands-on tests, and the licensing or certification process.
The revised Louisiana I/M SIP provides for the implementation of
training, licensing, and refresher programs for emission inspectors
consistent with EPA's regulations. The SIP describes this program
including written and hands-on testing. Inspector licenses will expire
two years after issuance. All inspectors must be licensed to inspect
vehicles in the Louisiana I/M program.
The State must submit a revision to the Louisiana DPS Manual in
order to meet the training and licensing or certification requirements
of the Federal I/M regulations for approval. Additional training on
evaporative system check equipment for inspector/technicians in the
nonattainment area must be added to the Manual.
Section 51.368 Public Information and Consumer Protection
The SIP needs to include a plan for informing the public on an
ongoing basis throughout the life of the I/M program of the air quality
problem, the requirements of Federal and State law, the role of motor
vehicles in the air quality problem, the need for and benefits of an
inspection program, how to maintain a vehicle in a low-emission
condition, how to find a qualified repair technician, and the
requirements of the I/M program. Also, the SIP shall include a detailed
consumer protection plan.
The revised Louisiana I/M SIP commits to the establishment of an
ongoing public awareness plan addressing the significance of the air
quality problem, the requirements of Federal and state law, the role of
motor vehicles in the air quality problem, the need for and benefits of
an inspection program, the ways to maintain a vehicle in low-emission
condition, how to find a qualified repair technician, and the
requirements of the I/M program. The SIP states under the Improving
Repair Effectiveness section (40 CFR 51.369) that motorists will be
offered general repair information including a list of repair
facilities, information on the results of the repairs by repair
facilities in the area, diagnostic information and warranty
information. The SIP also describes consumer protection provisions
which include a challenge mechanism, oversight of the program through
the use of audits, and whistle blower protection.
The State submittal meets the public information and consumer
protection requirements of the Federal I/M regulations for approval.
Section 51.369 Improving Repair Effectiveness
The SIP needs to include a description of the technical assistance
program to be implemented, a description of the procedures and criteria
to be used in meeting the performance monitoring requirements of the
Federal I/M rule, and a description of the repair technician training
resources available in the community.
The revised Louisiana I/M SIP includes a description of the
technical assistance plan, repair industry performance monitoring plan,
repair technician training assessment, and recognized repair technician
requirements. The State will regularly inform repair facilities through
the use of a newsletter regarding changes to the inspection program,
training course schedules, common problems and potential solutions for
particular engine families, diagnostic tips, repair, and other
technical assistance issues. Repair facility performance monitoring
statistics will be available to motorists whose vehicles fail the I/M
test. The State will also ensure that adequate repair technician
training resources are available to the repair community.
The State submittal meets the improving repair effectiveness
requirements of the Federal I/M regulations for approval.
Section 51.370 Compliance With Recall Notices
The SIP needs to describe the procedures used to incorporate the
vehicle lists provided in 40 CFR 51.370 (a)(1)into the inspection or
registration database, the quality control methods used to insure that
recall repairs are properly documented and tracked, and the method
(inspection failure or registration denial) used to enforce the recall
requirements.
The revised Louisiana I/M SIP commits to ensuring compliance with
EPA I/M recall rules when they are finalized. Additional rulemaking by
EPA related to recall requirements is needed before the State will be
able to implement this provision. Inspection failure will be used to
enforce the recall requirements.
The State submittal meets the compliance with recall notices
requirements of the Federal I/M regulations for approval.
Section 51.371 On-road Testing
The SIP needs to include a detailed description of the on-road
testing program, including the types of testing, test limits and
criteria, the number of vehicles (the percentage of the fleet) to be
tested, the number of employees to be dedicated to the on-road testing
effort, the methods for collecting, analyzing, utilizing, and reporting
the results of on-road testing and, the portion of the program budget
to be dedicated to on-road testing. Also, the SIP needs to include the
legal authority necessary to implement the on-road testing program,
including the authority to enforce off-cycle inspection and repair
requirements. In addition, emission reduction credit for on-road
testing programs shall be granted for a program designed to obtain
significant emission reductions over and above those already predicted
to be achieved by other aspects of the I/M program. The SIP needs to
include technical support for the claimed additional emission
reductions.
The revised Louisiana I/M SIP includes a description of its on-road
testing program. The State is planning roadside antitampering checks
and evaporative emission testing. The State has committed to cover 0.5
percent of the EPA required subject vehicles. The legal authority to
conduct on-road testing is in LA R.S.32:1302-1303. The SIP describes
adequate funding, resources and personnel to implement the on-road
testing program. The State does not claim any additional reductions
from on-road testing.
Louisiana's on-road testing program will check for hydrocarbon
emissions as a complement to the required evaporative emissions testing
program. Because the on-road testing program does not include tailpipe
testing, this section of the Federal I/M regulation cannot be
satisfied. However, EPA intends to amend the Federal I/M regulation to
allow States, under certain circumstances, to be exempt from the
tailpipe testing requirement. The EPA
[[Page 71813]]
cannot proceed to final action on this SIP approval prior to completion
of the amendment to the Federal I/M rule.
Section 51.372 State Implementation Plan Submissions
Under the Federal I/M rule, the SIP submittal should include legal
authority for I/M program operation until such time as it is no longer
necessary.
Legal authority to operate the I/M program is found in LA R.S.
32:1304.
The revised Louisiana I/M SIP commits to revising the I/M SIP as
new regulations are promulgated, including the provision for inclusion
of on-board diagnostic checks as they become available. In addition,
the SIP commits to having all agreements with the DPS in place prior to
start up. Updating the interagency agreement between LDEQ and the DPS
is a deficiency that must be corrected for full approval of this SIP
revision.
Section 51.373 Implementation Deadlines
The original Federal I/M rule had a January 1995 start date
requirement as well as subsequent start dates for special
circumstances. In response to States' requests after January 1995 for
greater flexibility in implementing I/M program SIPs processed under
the National Highway System Designation Act EPA SIP approvals allowed
programs to start as soon as possible, and specified start dates of
November 15, 1997. Then in a narrower application, a January 1, 1999,
start date was designated as a result of providing greater flexibility
only in Ozone Transport Regions (OTR) (61 FR 39034, July 25, 1996). The
OTRs affected would normally be exempt from I/M program requirements
except for their location within the OTR. The January 1, 1999, start
date allows the affected areas to meet the performance standard by the
Act's attainment and reasonable further progress deadlines, including
the end of 1999 for serious ozone nonattainment areas. The EPA received
no public comment regarding the 1999 start date in this notice.
Finally, at this late date, starting the program in the Baton Rouge
nonattainment area by January 1, 2000, is ``as soon as possible'' for
Louisiana.
The revised Louisiana I/M SIP commits to implementing all
requirements related to the I/M program by January 1, 2000. A schedule
for start-up related activities is included. The EPA concludes that
given the circumstances described above, this start date is approvable
as being ``as soon as possible'' for Louisiana. The EPA is requiring
that the I/M program start up no later than January 1, 2000.
IV. Discussion for Rulemaking Action
A. Concluding Statement of Conditional Approval
The EPA's review of this material indicates that the proposed SIP
revision meets the minimum requirements of the Act and Federal I/M
rules with the exceptions of the deficiencies explained in this
proposal. Based upon the discussion contained in the previous analysis
sections and technical support document, EPA concludes the State's
submittal represents an acceptable approach to the I/M requirements and
meets the requirements for conditional approval. During the comment
period, Louisiana must commit to meet the proposed conditions by a date
certain no later than 12 months after the date of final approval.
Therefore, EPA is proposing a conditional approval of the proposed
Louisiana I/M SIP revision. The EPA is soliciting public comment on the
issues discussed in this document or on other relevant matters. These
comments will be considered before taking final action. Interested
parties may participate in the Federal rulemaking procedure by
submitting written comments to the EPA regional office listed in the
ADDRESSES section of this notice.
B. Explanation of the Approval
At the end of the period committed to by the State, the approval
status for this program will automatically convert to a disapproval
pursuant to section 110(k) of the Act, unless the conditions of the
approval are satisfied. The proposed conditions are submittal of:
1. A network effectiveness demonstration.
2. A sticker-based enforcement demonstration.
3. An opinion from the State Attorney General regarding barriers to
immediate suspension authority in the Louisiana Constitution.
4. An updated interagency agreement between LDEQ and DPS.
Additional conditions for approval include making changes to the DPS
Official Motor Vehicle Inspection Manual (the Manual). These are:
5. The weight of light- and heavy-duty vehicles covered by the
program in the nonattainment area will be changed from 8,500 lb. GVWR
to 10,000 lb. GVWR.
6. Test procedures for evaporative system checks in the
nonattainment area will be added to the Manual.
7. A list of evaporative system check test equipment for the
nonattainment area will be added to the Manual.
8. Calibration of evaporative system check test equipment will be
added to the Manual.
9. Additional training on evaporative system check equipment for
inspector/technicians in the nonattainment area will be added to the
Manual.
Furthermore, EPA expects this program to start by January 1, 2000.
If the State fails to start the program by January 1, 2000, the
approval will convert to a disapproval, and the State will be notified
by letter.
In addition, EPA has identified two sections of the Federal I/M
regulation for which the State cannot meet the requirements as written.
The EPA intends to amend the sections on test equipment and on-road
testing to exempt programs that meet certain criteria from the portions
of those sections which have been identified elsewhere in this action.
The EPA cannot proceed to final action on this SIP approval prior to
completion of these amendments to the Federal I/M rule.
V. Status of Sanctions
The proposed approval will not stop the sanction clock that has
been running since February 13, 1997, but the proposal is the first
step toward staying sanctions. Sanctions can be stayed after the State
submits a final I/M SIP revision along with approved State regulations
to implement the program. If a full approval of the SIP cannot be made
at that time, EPA will then publish an interim final determination that
the State has cured the deficiency that gave rise to the sanctions
clock. At that time the sanctions will be stayed until the conditions
are met or the approval converts to a disapproval, whichever occurs
first. If the conditions are met, the threat of sanctions will be
lifted. If the conditions are not met within the specified timeframe,
the final conditional approval converts to a disapproval. After a
letter is sent to the Governor notifying the State of the disapproval,
sanctions will be immediately imposed. (See, Order of Sanctions Rule,
59 FR 39833, August 4, 1994).
The sanction clock for two-to-one offsets will expire on August 13,
1999, and the clock for Federal highway fund sanctions will expire on
February 13, 2000. If the approval converts to a disapproval on or
after August 13, 1999, offset sanctions will immediately go into
effect. If a disapproval is in effect on or after February 13, 2000,
highway sanctions will immediately apply.
[[Page 71814]]
VI. Notice of Parallel Processing
Because a Sanction Clock is running in the State, and because the
Administrator agreed that EPA would work with the State to expedite
processing of an I/M SIP approval, Louisiana has requested that EPA
proceed with an expedited decision process for this revision to the
SIP. Therefore, approval of this revision is being proposed under a
procedure called parallel processing, whereby EPA proposes rulemaking
action concurrently with the State's procedures for approving a SIP
submittal and amending its regulations (40 CFR part 51, Appendix V,
section 2.3). If the State's proposed revision is substantially changed
in areas other than those identified in this document, EPA will
evaluate those changes and may publish another notice of proposed
rulemaking. If no substantial changes are made other than those areas
specified in this document, EPA proposes to publish a final rulemaking
on the revisions after responding to any submitted comments. Final
rulemaking action by EPA will occur only after the SIP revision has
been fully adopted by Louisiana and submitted formally to EPA for
incorporation into the SIP. In addition, any action by the State
resulting in undue delay in the adoption of the SIP by the State, or
adoption of the regulations by the DPS may result in a re-proposal
altering the approvability of the SIP.
VII. Notice of Proposed Rulemaking
The EPA is proposing to grant conditional approval of the State's
submission contingent upon the State satisfying the nine conditions
listed above, and the I/M program starting no later than January 1,
2000. The EPA proposes that if the State fails to meet the conditions,
or fails to start the program on the date identified above, the
approval will convert to a disapproval, and EPA will send a letter
notifying the State of the conversion to disapproval.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any State implementation plan. Each request for revision to
the State implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
VIII. Administrative Requirements
A. Executive Order (E.O.) 12866
The Office of Management and Budget has exempted this regulatory
action from review under E.O. 12866, entitled ``Regulatory Planning and
Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a State, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If EPA complies by consulting, E.O. 12875 requires EPA to
provide to the Office of Management and Budget a description of the
extent of EPA's prior consultation with representatives of affected
State, local, and tribal governments, the nature of their concern,
copies of written communications from the governments, and a statement
supporting the need to issue the regulation. In addition, E.O. 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of state, local, and tribal
government ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's proposed rule does not create a mandate on State, local, or
tribal governments. The rule does not impose any enforceable duties on
these entities. Accordingly, the requirements of section 1(a) of E.O.
12875 do not apply to this proposed rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
The proposed rule is not subject to E.O. 13045 because it is not
economically significant under E.O. 12866, and it does not involve
decisions intended to mitigate environmental health or safety risks.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, E.O. 13084 requires EPA to
provide to the Office of Management and Budget, in a separately
identified section of the preamble to the rule, a description of the
extent of EPA's prior consultation with representatives of affected
tribal governments, a summary of the nature of their concerns, and a
statement supporting the need to issue the regulation. In addition,
E.O. 13084 requires EPA to develop an effective process permitting
elected and other representatives of Indian tribal governments ``to
provide meaningful and timely input in the development of regulatory
policies on matters that significantly or uniquely affect their
communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. Accordingly, the requirements
of section 3(b) of E.O. 13084 do not apply to this proposed rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 600 et seq., generally
requires an agency to conduct a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. Small entities
include small businesses, small not-for-profit enterprises, and small
governmental jurisdictions. This proposed rule will not have a
significant impact on a substantial number of small entities because
conditional approval of SIP submittals under section 110 and subchapter
I, part D of the Act does not create any new requirements but simply
approves requirements that the State is already imposing. Therefore,
because the Federal SIP approval does not impose any new requirements,
I certify that this action will not have a significant economic impact
on a substantial number of small entities. Moreover, due to the nature
of the Federal-State relationship under the Act, preparation of
flexibility analysis would constitute Federal inquiry into
[[Page 71815]]
the economic reasonableness of State action. The Act forbids EPA to
base its actions concerning SIPs on such grounds. See Union Electric
Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
If the conditional approval is converted to a disapproval under
section 110(k), based on the State's failure to meet the commitment, it
will not affect any existing State requirements applicable to small
entities. Federal disapproval of the State submittal does not affect
its State-enforceability. Moreover, EPA's disapproval of the submittal
does not impose a new Federal requirement. Therefore, I certify that
this potential disapproval action will not have a significant economic
impact on a substantial number of small entities because it does not
remove existing requirements nor does it substitute a new Federal
requirement.
F. Unfunded Mandates
Under Section 202 of the Unfunded Mandates 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 the aggregate; or to private sector, of $100
million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives
of the rule and is consistent with statutory requirements. Section 203
requires EPA to establish a plan for informing and advising any small
governments that may be significantly or uniquely impacted by the rule.
The EPA has determined that the approval action proposed 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 approves
preexisting requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: December 14, 1998.
Jerry Clifford,
Acting Regional Administrator, Region 6.
[FR Doc. 98-34420 Filed 12-29-98; 8:45 am]
BILLING CODE 6560-50-P
