[Federal Register Volume 60, Number 204 (Monday, October 23, 1995)]
[Rules and Regulations]
[Pages 54305-54308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26195]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-19-1-6934a; FRL-5310-2]


Approval and Promulgation of Implementation Plans; State of 
Louisiana; Clean Fuel Fleet Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving the State Implementation Plan (SIP) 
revision submitted by the State of Louisiana for the purpose of 
establishing a Clean Fuel Fleet Program. The SIP revision was submitted 
by the State to satisfy the Federal mandate, found in the Clean Air 
Act, as amended in 1990 (CAA), to implement a program whereby at least 
a certain percentage of all newly acquired vehicles of certain on-road 
fleets in the Baton Rouge ozone nonattainment area, beginning with 
model year 1998, shall be lower pollution emitting vehicles, Clean Fuel 
Vehicles (CFV's). The rationale for the approval is set forth in this 
document.

DATES: This final rule is effective on December 22, 1995, unless 
adverse or critical comments are received by November 22, 1995. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Written comments should be submitted to Mr. Thomas Diggs, 
Chief, Air Planning Section (6PD-L), at the EPA Regional Office listed 
below. Copies of the documents relevant to this proposed rule are 
available for public inspection during normal business hours at the 
following locations. Interested persons wanting to examine these 
documents should make an appointment with the appropriate office at 
least 24 hours before the visiting day.

U.S. Environmental Protection Agency, Region 6, Air Planning Section 
(6PD-L), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733, 
telephone (214) 665-7214.
Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, 401 M Street, SW., Washington, DC 20460.
Louisiana Department of Environmental Quality, Office of Air Quality 
and Radiation Protection, 7290 Bluebonnet Blvd., Baton Rouge, Louisiana 
70810.

FOR FURTHER INFORMATION CONTACT: H.D. Brown, Jr., Air Planning Section 
(6PD-L), EPA Region 6, telephone (214) 665-7248.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 15, 1990, Congress enacted amendments to the 1977 Clean 
Air Act; Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 
7401-7671q. The Clean Fuel Fleet Program (CFFP) is contained under part 
C, entitled ``Clean Fuel Vehicles,'' of title II of the CAA. Part C was 
added to the CAA to establish two programs: a clean-fuel vehicle pilot 
program in the State of California (the California Pilot Test Program) 
and a federal CFFP in certain ozone and carbon monoxide (CO) 
nonattainment areas.
    The CFFP will introduce CFV's into centrally fueled fleets by 
requiring covered fleet operators to include a percentage of CFV's in 
their new fleet purchases. The goal of the CFFP is to reduce emissions 
of non-methane organic gasses (NMOG), oxides of nitrogen (NOX), 
and CO through the introduction of CFV's into the covered areas. Both 
NMOG and NOX are precursors of ozone and, in most areas, their 
reduction will reduce the concentration of ozone in covered ozone 
nonattainment areas. Reductions of vehicular CO emissions will reduce 
the concentration of CO in covered CO nonattainment areas.
    Congress chose centrally fueled fleets because operators of these 
fleets have more control over obtaining fuel than the general public. 
Additionally, the control which operators maintain over their fleets 
simplifies maintenance and refueling of these vehicles. Finally, 
because fleet vehicles typically travel more miles on an annual basis 
than do non-fleet vehicles, they provide greater opportunity to improve 
air quality on a per vehicle basis.
    Section 182(c)(4) of the CAA, 42 U.S.C. 7511a(c)(4), allows States 
to opt-out of the CFFP by submitting, for EPA approval, a SIP revision 
consisting of a substitute program resulting in as much or greater 
long-term emission reductions in ozone producing and toxic air 
emissions as the CFFP. The EPA may approve such a revision ``only if it 
consists exclusively of provisions other than those required under the 
[CAA] for the area.''

II. Program Requirements

    Unless a State chooses to opt-out of the CFFP per section 
182(c)(4); section 246 of the CAA, 42 U.S.C. 7586, directs a State 
containing covered areas to revise its SIP, within 42 months after 
enactment of the CAA, to establish a CFFP, whereby at least a specified 
percentage of all new covered fleet vehicles, beginning with model year 


[[Page 54306]]
(MY) 1998 and thereafter, shall be CFV's and such vehicles shall use 
the fuel on which the CFV was certified to be a CFV (or shall use a 
fuel which will result in even less emissions than the fuel which was 
used for certification), when operating in the covered area. Louisiana 
did not choose to opt-out of the CFFP; rather it chose to revise its 
SIP to include a CFFP.

A. Covered Areas

    Areas (Covered Areas) that are required to implement a CFFP are 
defined in section 246(a)(2) of the CAA as: any ozone nonattainment 
area with a 1980 population of 250,000 or more classified under section 
181 of the CAA, 42 U.S.C. 7511, as Serious, Severe, or Extreme based on 
data for the calendar years 1987, 1988, and 1989; and any CO 
nonattainment area with a 1980 population of 250,000 or more and a CO 
design value at or above 16.0 parts per million based on data for 
calendar years 1988 and 1989, excluding those CO nonattainment areas in 
which mobile sources do not contribute significantly to CO exceedances. 
In Louisiana, the Baton Rouge Serious ozone nonattainment area is the 
only area subject to the CFFP requirements.

B. Definitions

    The definition of appropriate terms in the SIP revision should 
correspond to the definition of the same terms as contained in sections 
241(1), (2), (3), (4), (5), (6), and (7) of the CAA, 42 U.S.C. 7581, 
and 40 CFR 88.302-94.

C. Covered Fleets

    Section 241(5) of the CAA defines a covered fleet as consisting of 
10 or more on-road vehicles, which are in the vehicle classifications 
covered by the CFFP, and are owned or operated, leased, or otherwise 
controlled by a single person, the fleet operator. Both private 
business and government (federal, state, and local) fleets are subject 
to the statute. However, certain fleets and vehicles are exempt from 
the CFFP, including fleets with vehicles that cannot be fueled at a 
central location, vehicles that are normally garaged at a personal 
residence, vehicles held for lease or rental to the general public, 
vehicles held for sale by motor vehicle dealers, law enforcement and 
other emergency vehicles, and non-road vehicles.

D. Vehicle Classes Covered

    Sections 242, 42 U.S.C. 7582, and 243, 42 U.S.C. 7583, of the CAA 
and 40 CFR 88 subpart C require three vehicle classes to be included in 
a CFFP: light-duty vehicles (LDV's), and light-duty trucks (LDT's) up 
to 8,500 pounds Gross Vehicle Weight Rating (GVWR), and heavy-duty 
vehicles (HDV's) between 8,500 and 26,000 pounds GVWR. Section 245(a) 
of the CAA, 42 U.S.C. 7585(a), exempts vehicles over 26,000 pounds 
GVWR.

E. Clean Fuel Vehicles (CFV's)

    Section 241(7) of the CAA, requires that a CFV be defined as a 
motor vehicle in one of the vehicle classes that is certified by the 
EPA to meet, for any MY, one of the three sets of increasingly 
stringent clean fuel vehicle emission standards that apply to CFV's in 
that vehicle class for that MY. These standards are referred to as low-
emission vehicle (LEV) standards, ultra low-emission vehicle (ULEV) 
standards, and zero emission vehicle (ZEV) standards. The emission 
standards for these vehicles are found in 40 CFR 88.104-94 and 40 CFR 
88.306-94. In addition, a vehicle certified by the EPA to meet the 
inherently low-emission vehicle (ILEV) standard is also a CFV. 
Standards for the ILEV may be found in 40 CFR 88.311-93.

F. Percentage Requirements

    The following table reflects the specified percentage of newly 
acquired fleet vehicles that are required to be CFV's pursuant to 
section 246(b) of the CAA:

------------------------------------------------------------------------
                                                       Model year       
            Vehicle classification            --------------------------
                                                 1998     1999     2000 
------------------------------------------------------------------------
Light Duty Vehicles..........................       30       50       70
Light Duty Trucks............................       30       50       70
Heavy Duty Trucks............................       50       50       50
------------------------------------------------------------------------

G. Credit Program

    Section 246(f) of the CAA and 40 CFR 88.304-94 require the SIP 
revision provide for the establishment of a credit program and the 
issuance by the State of appropriate credits to a fleet operator. Among 
other things, the credit program provides that, after approval of this 
SIP revision, a fleet operator may generate credits in any of several 
ways: (1) By the purchase of more CFV's than the minimum required by 
the CFFP, (2) by the purchase of CFV's which meet more stringent 
standards than the minimum required by the CFFP, (3) by the purchase of 
CFV's not required by the CFFP, and (4) by the purchase of CFV's before 
MY 1998. The credits generated may be used by a covered fleet operator 
to satisfy the new purchase requirements of a CFFP or may be traded by 
one covered fleet operator to another, provided the credits were 
generated and used in, and both operators are located in, the same 
nonattainment area. Certain restrictions on the trading of credits 
between classes must be observed. The credits do not depreciate with 
time and are to be freely traded without interference by the State.

H. Fuel Use

    Section 246(b) of the CAA and 40 CFR 88.304-94(3) stipulate that 
the SIP revision require the fuel on which the vehicle was certified to 
be a CFV (or shall use a fuel which will result in even less emissions 
than the fuel which was used for certification) be used 100% of the 
time the vehicle is in the covered area.

I. Fuel Availability

    Section 246(d) of the CAA requires the SIP revision shall provide 
that the choice of fuel for the CFV's will be made by the covered fleet 
operator and section 246(e) requires the SIP revision to require fuel 
providers to make clean alternative fuel available to the covered 
fleets.

J. Consultation

    Section 246(a)(4) of the CAA requires the SIP revision must be 
developed in consultation with fleet operators, vehicle manufacturers, 
fuel producers and distributors of motor vehicle fuel, and other 
interested parties, taking into consideration operational range, 
specialty uses, vehicle and fuel availability, cost, safety, resale 
values, and other relevant factors.

K. Recordkeeping and Monitoring

    The SIP revision must provide that States establish a system for 
recordkeeping and monitoring the CFFP and the credit program. For the 
CFFP this should include, at a minimum, registration of fleets, 
official communications from covered fleet operators to the State, 
quality control of program data, and unannounced audits of at least 
five percent of the covered fleets. In addition, in those cases where 
covered fleet operators choose to have vehicles with conventional 
petroleum back-up fuel, substantiation of the use of the required fuel 
in the covered area must be kept as part of the recordkeeping 
requirements. For the credit program, the SIP revision should provide 
for a formal system to issue, redeem, and/or otherwise manage credits.

L. Enforcement

    The SIP revision must include provisions for enforcing the CFFP. In 
general, warnings and a set of penalties 

[[Page 54307]]
or fines should be established which are proportionately related to the 
impacts of the violation.

M. Exemption From Transportation Control Measure (TCM) Requirements

    40 CFR 88.307-94 requires States to exempt any CFV's which are 
required to participate in a CFFP from temporal-based (e.g., time-of-
day or day-of-week) TCM's existing for air quality reasons so long as 
the exemption does not create a clear and direct safety hazard. This 
exemption does not extend to the occupancy requirements of high-
occupancy vehicle (HOV) lanes. ILEV vehicles are exempt from the 
occupancy requirements of HOV lanes pursuant to 40 CFR 88.313-93(c). 
Currently, the Baton Rouge serious ozone nonattainment area has no TCM 
requirements.

III. Louisiana SIP Submittal

    Louisiana submitted a SIP revision on May 16, 1994, that implements 
a CFFP. The revision meets the requirements of the CAA and the 
appropriate sections of 40 CFR part 88 as detailed above. The revision 
was adopted after reasonable public notice and public hearing as 
required by sections 110(a)(2) and 110(l) of the CAA, 42 U.S.C. 7410, 
and 40 CFR 51.102(f). The submission was reviewed and determined to be 
administratively complete on December 9, 1994. The submittal was then 
reviewed for approvability by EPA Region 6 and EPA Headquarters.
    The areas affected by this program include the parishes of 
Ascension, Iberville, East Baton Rouge, Livingston, Point Coupee, and 
West Baton Rouge. These six parishes comprise the Baton Rouge ozone 
nonattainment area.

IV. Final Action

    In this action, the EPA is approving the SIP revision submitted by 
the State of Louisiana for purposes of implementing a CFFP within the 
Baton Rouge Serious ozone nonattainment area. The EPA has reviewed this 
revision to the Louisiana SIP and is approving it as submitted because 
the State's CFFP meets the requirements of section 246 of the CAA and 
the appropriate sections of 40 CFR part 88.
    Copies of the State's SIP revision and the Technical Support 
Document (TSD), detailing EPA's review of the SIP revision, are 
available at the address listed in the Addresses section above. For a 
detailed analysis of the SIP revision, the reader is referred to the 
TSD.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial revision and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. Thus, today's direct 
final action will be effective December 22, 1995, unless, by November 
22, 1995, adverse or critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective December 22, 1995.
    The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the CAA. The EPA 
has determined that this action conforms with those requirements.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. Each request for revision to a SIP shall be considered separately 
in light of specific technical, economic, and environmental factors and 
in relation to relevant statutory and regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities (5 U.S.C. 603 and 604). 
Alternatively, the 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 that are 
less than 50,000.
    SIP revision approvals under section 110 and subchapter I, part D, 
of the CAA 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, the EPA 
certifies that this proposed rule would not have a significant impact 
on any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the CAA, preparation of a regulatory 
flexibility analysis would constitute Federal inquiry into the economic 
reasonableness of State actions. The CAA forbids the EPA to base its 
actions concerning SIP's on such grounds. Union Electric Co. v. 
U.S.E.P.A., 427 U.S. 246, 256-266 (S. Ct. 1976); 42 U.S.C. section 
7410(a)(2).
    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), 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 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated today 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 
pre-existing requirements under State or local law, and imposes no new 
Federal requirements. Accordingly, no additional costs to State, local, 
or tribal governments, or to the private sector, result from this 
action.
    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 FR 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.
    Under section 307(b)(1) of the CAA, 42 U.S.C. 7607(b), petitions 
for judicial review of this action must be filed in the United States 
Court of Appeals for the appropriate circuit by December 22, 1995. 
Filing a petition for reconsideration by the Administrator of this 
final rule does not affect the finality of this rule for the purposes 
of judicial review nor does it extend the time within which a petition 
for judicial review may be filed, and shall not postpone the 
effectiveness of such rule or action. This action may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).) 

[[Page 54308]]


List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hydrocarbons, Incorporation by reference, 
Intergovernmental relations, Motor vehicle pollution, Nitrogen oxide, 
Ozone, Reporting and recordkeeping requirements.

    Dated: September 14, 1995.
A. Stanley Meiburg,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart T--Louisiana

    2. Section 52.970 is amended by adding paragraph (c)(66) to read as 
follows:


Sec. 52.970  Identification of plan.

* * * * *
    (c) * * *
    (66) Revisions to the Louisiana Department of Environmental Quality 
Regulation Title 33, Part III, Chapter 2, Section 223 and Chapter 19, 
Sections 1951-1973. These revisions are for the purpose of implementing 
a Clean Fuel Fleet Program to satisfy the Federal requirements for a 
Clean Fuel Fleet Program to be part of the SIP for Louisiana.
    (i) Incorporation by reference.
    (A) Revision to LAC, Title 33, Part III, Chapter 2, Rules and 
Regulations for the Fee System of the Air Quality Control Programs, 
Section 223, Fee Schedule Listing, adopted in the Louisiana Register, 
Vol. 20, No. 11, 1263, November 20, 1994.
    (B) Revision to LAC, Title 33, Part III, Chapter 19, Mobile 
Sources, Subchapter B, Clean Fuel Fleet Program, Sections 1951-1973, 
adopted in the Louisiana Register, Vol. 20, No. 11, 1263-1268, November 
20, 1994.
[FR Doc. 95-26195 Filed 10-20-95; 8:45 am]
BILLING CODE 6560-50-P