[Federal Register Volume 62, Number 110 (Monday, June 9, 1997)]
[Proposed Rules]
[Pages 31388-31394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14984]
[[Page 31388]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[LA-33-1-7191; FRL-5837-7]
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 a conditional approval of an I/M program
proposed by the State, based upon the revision complying with the Clean
Air Act (the Act). This action is taken under section 110 of the Act.
The EPA is proposing a conditional approval because the State's SIP
revision is lacking legislative authority needed for continuous
implementation of the program.
If the State corrects this deficiency, then the State's I/M
submittal will be fully approved into the SIP. If the condition is not
met within one year, EPA proposes to disapprove the SIP revision. The
EPA will notify the State by letter that the condition has not been met
and that the conditional approval has converted to a disapproval.
Furthermore, EPA is proposing that the State's program must start no
later than January 1, 1999, in the I/M program area.
DATES: Comments must be received on or before July 9, 1997.
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
On November 15, 1993, and in several later submittals, the State of
Louisiana submitted plans for an I/M program in response to the
requirements of the Act and Federal I/M rules promulgated on November
5, 1992. The Region made a determination that the plan was incomplete
and issued a finding letter on February 22, 1994. This started both the
sanction and Federal Implementation Plan clocks. The State worked
toward correcting deficiencies in their submittal. On August 22, 1995,
the State submitted a revised plan. The Region determined the plan to
be administratively complete, thereby stopping the sanction clock.
Several approvability issues (some legislative) remained to be resolved
before the plan could be approved by the EPA. The Region worked with
the Louisiana Department of Environmental Quality (LDEQ) to identify
acceptable approaches on all approvability issues. At the same time,
various states desired greater flexibility in implementing their I/M
programs. In response to this desire, on September 18, 1995, EPA
revised and finalized I/M rules which gave states much greater
flexibility in implementing their I/M programs. One element of the I/M
flexibility amendments included a provision for a new low enhanced
performance standard which would allow for less stringent I/M programs
if other required air quality goals were met. In response to the I/M
flexibility rules and meetings with EPA, the State submitted its
revisions to the SIP on May 30, 1996.
The Louisiana SIP revision was not submitted under the National
Highway Systems Designation Act of 1995, nor are SIP credits taken for
the I/M plan in the 15% Rate-of-Reduction Plan. The May 30, 1996,
submittal addressed many of EPA's concerns, with the exception of the
legislative constraints in the Louisiana I/M legal authority, which
hindered expeditious implementation. The deficiency in the plan is a
provision which requires the Louisiana Legislature to reauthorize the
plan in 1997 and every other year thereafter, based on a determination
whether the plan should proceed or continue with implementation. The
EPA is proposing approval of the plan allowing the January 1, 1999,
start date for reasons which are explained later in this action.
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 is a deficiency with respect to
the Act's statutory and regulatory requirements (identified herein)
that EPA believes can be corrected by the State during the following 12
months.
II. EPA's Analysis of Louisiana's Submittal
Louisiana submitted its revised I/M program to EPA Region 6 on
August 18, 1995. It contained a SIP narrative, proposed emergency I/M
Rules, and several appendices addressing the requirements of the I/M
program. Another revision to the I/M SIP was received in the Region 6
office on December 27, 1995; it included finalized rules and responses
to comments collected during the State's public comment period. A third
revision with additional modeling and LDEQ's resolution responses to
EPA's approvability issues was received on May 30, 1996. The submittals
were intended to fulfill the requirements of the Act for the ozone
nonattainment area of Louisiana which is required to implement an I/M
program.
As outlined in the SIP revision of May 30, 1996, the additional
program elements that the State intends to support include: (1) The
LDEQ completing and signing a Memorandum of Understanding with the
Department of Public Safety prior to the program implementation date to
establish the details concerning responsibilities of both agencies in
the administration of the vehicle I/M program, (2) the LDEQ performing
mass emission testing on .1 percent of the vehicles in the program in
accordance with CFR 51.353(c)(3), (3) the LDEQ revising the I/M rule
(LAC 33:III.1917) prior to program start-up to allow for a minimum
expenditure of $450 (with a CPI escalator) before a waiver may be
obtained, and (4) the LDEQ providing a hot line service through its
currently operating toll free number to assist repair technicians and
answer questions regarding the program. The other comments and
questions stated in our letter reflected a comparison of the revised
Louisiana I/M SIP with the Federal I/M rules.
The EPA reviewed the State's submittal against the requirements
contained in the Act and Federal I/M rules (40 CFR part 51, subpart S).
The EPA also reviewed the State responses to comments which were in
large part satisfactory to EPA. The major deficiency of continuing
legislative authority outlined in this document can be corrected in the
1997 Louisiana legislative session. This deficiency is the current need
for program reauthorization in odd-numbered years
[[Page 31389]]
starting with 1997. The State must correct this major deficiency within
12 months after the date of approval of the plan revision or this
approval will automatically convert to a disapproval under the Act
section 110(k)(4). The State must correct this deficiency during the
1997 Legislative Session to support full approval of its I/M SIP.
The following analysis addresses how the State intends to fulfill
the requirements of the Federal I/M rules. This analysis assumes the
State corrects the deficiency stated above. A more detailed analysis of
the State submittals and a copy of EPA's comments on the plan are
included in the Technical Support Document for this action and may be
obtained from the EPA Region 6 office. A summary of the EPA's findings
follows.
Section 51.350 Applicability
The SIP needs to describe the applicable areas in detail and,
consistent with section 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. A low enhanced
I/M program will be implemented in Ascension, East Baton Rouge,
Iberville, Livingston, Pointe Coupee, and West Baton Rouge Parishes.
The State meets the applicability requirements for a conditional
approval.
Section 51.351-2 Low Enhanced I/M Performance Standard
The I/M program provided for in the SIP 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 approved 15% Rate-of-Progress Plan for this area can be met
without an I/M program (published Tuesday, October 22, 1996, at 61 FR
54747). The State has submitted a modeling demonstration using the EPA
computer model MOBILE5a showing that the low enhanced performance
standard can be met in the Baton Rouge area. In order to meet the low
enhanced standard, Louisiana included a complementary remote-sensing
program for inspecting off-cycle vehicles. Projections of oxides of
nitrogen (NOx) emissions were not included in anticipation
of EPA approval of NOx waivers for Baton Rouge, which were
approved on January 26, 1996 and February 27, 1996. Vehicles 25 years
and older, and vehicles four years old and newer, will not be required
to participate in the I/M program. The State is modeling with a test
and repair program which assumes a 50 percent credit for network
credits. The State meets the requirement for a low enhanced I/M
performance standards for conditional approval.
Section 51.353 Network Type and Program Evaluation
The SIP needs 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 will be implementing a decentralized test and repair
program. The program includes an on-going 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 of mass emission testing of at least .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 the Louisiana Administrative Code (LAC 33:III, Chapter 19,
Subchapter A), authorizes the LDEQ to implement the program and conduct
the program evaluation. The State meets the requirement for network
type and program evaluation for conditional approval.
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. 30:2054.B(8) authorizes the program to charge an
emission inspection fee and a safety/anti-tampering inspection fee. If
Intermodal Surface Transportation Efficiency Act funds are available,
the emission fee will be $10. If not, the fee will be $20 biennially.
The safety/anti-tampering fee will be $5. The SIP narrative also
describes the budget, staffing support, and equipment needed to
implement the program. The State has committed to employ and train 12
employees at the start of the program, beginning in 1999, and increase
this to 15 employees in the year 2000. The State meets the requirement
for adequate tools and resources for conditional approval.
Section 51.355 Test Frequency and Conveniencee
The SIP 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 to provide
convenient service to motorists who are required to get their vehicles
tested. The SIP needs to demonstrate the network of stations providing
test services is sufficient to insure short waiting times to get a test
and short driving distances.
The revised Louisiana I/M SIP commits to testing all designated
vehicles that are between four and twenty-four years old. Inspections
will be required biennially to correspond with vehicle registration.
Private sales of vehicles more than two years old require vehicles to
be tested before title transfer. In addition, at least 10 percent of
the vehicle population will be subject to remote sensing. The program
is decentralized and stations will adhere to regular inspection hours.
The network of stations will consist of familiar locations where
motorists
[[Page 31390]]
regularly receive other vehicle services. Louisiana R.S. 30:2054(B)(8)
and LAC 33:III. Chapter 19. Subchapter A are the legal authority for
implementation of the test frequency. The State meets the requirement
for test frequency and convenience for conditional approval.
Section 51.356 Vehicle Coverage
The rule requires 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 1968 and newer
light-duty vehicles and light and heavy-duty trucks registered or
required to be registered in the I/M program area, including fleets. In
addition, vehicles which are operated on Federal installations, or are
stationed in the I/M program area but display Federal or other
political division license plates are subject to inspection. Subject
vehicles will be identified through the Department of Motor Vehicle
database and from lists supplied by Federal facilities identifying
stationed vehicles. The State statute allows exemption from the program
for motorcycles, mobile equipment, fire engines, antique vehicles,
heavy trucks, electric vehicles, golf carts, off-road vehicles, and
vehicles displaying apportioned license plates. An estimated 475,000
vehicles from all the required groups combined will be subject to
inspection. Legal authority for vehicle coverage is contained in the
Louisiana I/M rule. The State meets the requirement for vehicle
coverage for conditional approval.
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 program shall be subject to a two speed idle
test. Idle test procedures shall meet requirements in Appendix B of the
Federal I/M rule. Idle test emission standards are contained in the SIP
modeling analysis and are consistent with the Federal I/M rule. In
addition, the SIP states that vehicles shall receive a gas cap
integrity test in accordance with EPA procedures. Test procedures and
standards are established in Louisiana Air Regulations, LAC 33:III,
Chapter 19, Subchapter A. The State meets the requirement for test
procedures and standards for conditional approval.
Section 51.358 Test Equipment.
The SIP 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 40 CFR part
51, subpart S. In addition, the gas cap integrity test will be in
accordance with EPA equipment specifications. The State meets the
requirement for test equipment for conditional approval.
Section 51.359 Quality Control
The SIP needs to include a description of quality control and
record keeping 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 will be conducted in accordance with the Federal I/M rule
Appendix A. These requirements will help 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 to ensure proper operation of the test equipment. The
State meets the requirement for quality control for conditional
approval.
Section 51.360 Waivers and Compliance Via Diagnostic Inspection
The SIP 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.
Cost limits for the minimum expenditure waiver will be $450
adjusted annually in accordance with the Clean Air Act and Federal I/M
rules. The revised Louisiana I/M program includes waiver rates of 3
percent of initially failed vehicles. These waiver rates are used in
the modeling demonstration. The LDEQ commits in the SIP that if the
waiver rates are higher than estimated, the State will take corrective
action to address the deficiency. The SIP describes three types of
waivers the State will allow. These include a minimum expenditure
waiver, economic hardship waiver, and a waiver for vehicles unavailable
for inspection. Vehicles unavailable for inspection are subject
vehicles that are stationed outside the program area and cannot be
easily returned for inspection when registration renewal is due. These
vehicle owners must present proof of such stationing (military orders,
school registration, or other acceptable documentation) to the
administrative authority. Documentation must be presented to receive a
time extension for renewal if the vehicle is stationed in an area with
no I/M program. If the vehicle is stationed in an area with an I/M
program, a reciprocal emissions test is required so that vehicle
complies with the requirements of that area. The waiver issuance
criteria and procedures used will be consistent with those required in
the Federal I/M Rule. Issuing authority and the waiver criteria,
including the minimum expenditure requirements, are contained in the
Louisiana I/M rule. The State meets the waivers and compliance via
diagnostic inspection requirement for conditional approval.
Section 51.361 Motorist Compliance Enforcement
The SIP 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
[[Page 31391]]
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 registration
denial, suspension or revocation of registration, impoundment and
cancellation of license plates and mandatory monetary penalties. The
motorist compliance enforcement program will be handled cooperatively
by the Department of Public Safety and Corrections (DPSC), local law
enforcement agencies, and the LDEQ. There are no classes of on-road
exempt vehicles. Fleet vehicles will be allowed to conduct self-testing
provided that they 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 registration will be subject
to penalties and/or citations by local and state law enforcement
officials. The SIP anticipates a compliance rate of 96 percent through
cooperation with the DPSC. The legal authority to implement and enforce
the program is included in the Louisiana statutes and regulations cited
in the SIP. The State meets the requirement for motorist compliance
enforcement for conditional 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 include procedures for I/M document handling and
processing, audit procedures, procedures for dealing with motorists and
inspection facilities suspected of violating program rules, an on-line
telecommunication network to support the State's oversight and
management requirements, and an I/M database which will be compared to
the registration database to determine program effectiveness. The State
meets the motorist compliance enforcement program oversight requirement
for conditional 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 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 will be based upon written
instructions and will be updated as necessary. The State program meets
the requirement for quality assurance for conditional 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.
In the revised Louisiana I/M SIP the State may assess penalties in
its enforcement against stations and inspectors. A penalty schedule is
included in the Louisiana I/M rule. The SIP describes the enforcement
process. Quality Assurance Officers have immediate suspension
authority. The legal authority for Louisiana to asses penalties is
located in the Environmental Quality Act and Louisiana Air Quality
Regulation, LAC 33:III, Chapter 19, Subchapter A. The authority for
DPSC to deny application for license or revoke or suspend an
outstanding certificate of any inspection station or the certificate of
any person to inspect vehicles is found in the same citations. The
State meets the requirement for enforcement against contractors,
stations and inspectors for conditional approval.
Section 51.365-6 Data Collection, Analysis and Reporting
The SIP needs to describe the types of data to be collected and
reported.
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 used to
generate reports in the areas of test data, quality assurance, quality
control, and enforcement. The State meets the data collection, analysis
and reporting requirement for conditional 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, certification, and refresher programs for emission
inspectors. The SIP describes this program including hands-on testing.
Inspector licenses or certificates will expire two years after
issuance. All inspectors must be certified to inspect vehicles in the
Louisiana I/M program. The State meets the inspector training and
licensing or certification requirement for conditional approval.
[[Page 31392]]
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 needs 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 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 challenge/referee facilities, oversight of the program
through the use of audits, and whistle blower protection. The State
meets the public information and consumer protection requirement for
conditional 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
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. The
LDEQ will also provide a toll-free technical assistance hotline to
assist repair technicians and answer questions from the public. 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 meets the requirement for improving repair
effectiveness for conditional approval.
Section 51.370 Compliance With Recall Notices
The SIP needs to describe the procedures used to incorporate the
vehicle lists provided 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 cooperating with the EPA
in assisting motorists with vehicle recall issues. Additional
rulemaking by EPA is needed before the State will be able to implement
this provision. The State meets the requirement for compliance with
recall notices for conditional 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 to use remote sensing as a
complement to their two speed idle test. The State has committed to
cover 0.5 percent of the EPA required subject vehicles. The legal
authority to conduct and enforce on-road testing is in La.
R.S.30:2054(B)(8). On-road testing emission reduction credits are being
used to meet the performance standard. The State meets the on-road
testing requirement for conditional approval.
Section 51.372 State Implementation Plan Submissions
Under section 51.372(a)(6) of 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 in the
revised Louisiana SIP is limited to reauthorization by the State
Legislature in odd-numbered years starting in 1997. The EPA considers
this a major deficiency in the SIP. A change in this legal
authorization will be necessary before this I/M SIP becomes fully
approvable.
The revised Louisiana I/M SIP commits to revising the I/M SIP as
new regulations are promulgated, including the provision for revision
as onboard diagnostic checks become available. In addition, the SIP
commits to having all agreements with the DPSC in place prior to start
up, and to have instituted other changes as were previously stated. The
only issue left unresolved is adequate funding through authorization by
the legislature. The issue of adequate funding does not prevent the
State from meeting the requirement for state implementation plan
submissions in this conditional approval.
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 for greater flexibility
in implementing I/M programs the National Highway System Designation
Act specified a start date of November 15, 1997. Then in a narrower
application, a January 1, 1999, start date was designated as a result
of providing greater flexibility in Ozone Transport Regions (OTR) (61
FR 39034, July 25, 1996). The OTRs 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 that document. In a somewhat similar situation, the
Baton Rouge serious ozone nonattainment area does not need an I/M
program to achieve its 15% Rate-of-
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Progress Plan requirements and reasonable further progress
requirements except that section 110 of the Act requires that serious
ozone nonattainment areas implement I/M programs. Program credits are
used only to demonstrate the performance standard. In addition the
mobile source portion of the Baton Rouge area's emissions inventory is
less than 20 percent.
The revised Louisiana I/M SIP commits to implementing all
requirements related to the I/M program by January 1, 1999, or as soon
as practicable thereafter. A January 1999 start date allows the
Louisiana program to meet the low-enhanced performance standard
evaluation date of January 1, 2000, as required in Sec. 51.351(h)(11).
The State meets the implementation deadlines requirement for
conditional approval.
III. Discussion for Rulemaking Action
A. Concluding Statement of Conditional Approval
The EPA's review of this material indicates that it meets the
minimum requirements of the Act and Federal I/M rules with the
exceptions of the deficiency 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. Therefore, EPA is proposing a conditional
approval of the Louisiana I/M SIP revision which was submitted on
August 18, 1995, December 27, 1995, and May 30, 1996. The EPA is
soliciting public comments 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 document.
B. Explanation of the Approval
At the end of the 12-month period, the approval status for this
program will automatically convert to a disapproval pursuant to section
110(k) of the Act, unless continuous I/M program funding is authorized
by the State legislature. The EPA expects that this program will start
by January 1, 1999. If the State fails to start the program by January
1, 1999, EPA will be forced to make a finding of nonimplementation of
the State's SIP. In addition, a final Memorandum of Understanding with
the DPSC needs to be submitted to EPA prior to the January 1, 1999,
start date. If this memorandum is not submitted within one year of this
approval, EPA will consider this nonimplementation as well.
IV. Proposed Action
The EPA is proposing to grant conditional approval of the State's
submission contingent upon the State obtaining all of the additional
authority needed to implement the program outlined in the revised SIP.
The EPA proposes that if the State fails to obtain the needed
additional legal authority, the approval will convert to a disapproval
after a letter is sent 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.
V. Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 CFR 2214-2225), as revised by
a July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation. 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.
Conditional approvals of SIP submittals under section 110 and
subchapter I, part D of the Act do not create any new requirements but
simply approve requirements that the State is already imposing.
Therefore, because the Federal SIP approval does not impose any new
requirements, I certify that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the Act, preparation of a flexibility
analysis would constitute Federal inquiry into 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, EPA certifies
that this 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 substitute a new Federal requirement.
C. 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 conditional 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
[[Page 31394]]
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: May 30, 1997.
Myron O. Knudson,
Acting Regional Administrator.
[FR Doc. 97-14984 Filed 6-6-97; 8:45 am]
BILLING CODE 6560-50-P
