[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

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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

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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

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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-

[[Page 31393]]

 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