[Federal Register Volume 67, Number 127 (Tuesday, July 2, 2002)]
[Proposed Rules]
[Pages 44410-44416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16461]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-49-1-7400; FRL-7240-1]


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 approval.

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SUMMARY: The EPA is proposing approval of a Vehicle Inspection and 
Maintenance (I/M) Program adopted by the State of Louisiana as part of 
the Louisiana SIP. This proposed action is taken under section 110 of 
the Clean Air Act as amended in 1990 (the Act).

DATES: Comments must be received on or before August 1, 2002.

ADDRESSES: Written comments should be addressed to Mr. Thomas H. Diggs, 
Chief, Air Planning Section, at the EPA Region 6 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.

SUPPLEMENTARY INFORMATION:

What Action Is EPA Taking Today?

    We, the EPA, are proposing approval of Louisiana's I/M program.

What Are the Clean Air Act Requirements?

    An I/M program is required in the Baton Rouge area because of its 
classification as a nonattainment area for ozone and the population 
exceeds 200,000. The SIP credits are not taken for the I/M plan in the 
15% Rate-of-

[[Page 44411]]

Progress (ROP) Plan or the 9% ROP plan. However, SIP credits are taken 
for the I/M plan in the pending attainment demonstration. Additional 
information on these actions can be found in EPA's proposed approval of 
the Reasonable-Further-Progress Plan for the 1996-1999 Period in 63 FR 
44192 dated August 18, 1998.

What Events Led Up to This Action?

    EPA disapproved the Louisiana 1996 I/M SIP revision effective 
February 13, 1998. Discussion of background leading up to that final 
disapproval can be found in the rulemakings on that SIP, 62 FR 31388 
(June 9, 1997), 62 FR 41002 (July 31, 1997), and 62 FR 61633 (November 
19, 1997). An 18-month sanction clock was started under section 179 of 
the Act on the effective date of the final disapproval. In July 1998, 
Louisiana sought greater flexibility from EPA for designing an I/M 
program tailored to meet the State's air quality needs. We parallel 
processed a proposed conditional approval, which was published on 
December 30, 1998, at 63 FR 71807.
    Because the proposal did not stop the sanction clock due to expire 
on August 13, 1999, on August 10, 1999, EPA made an interim final 
determination that the State had more likely than not cured the 
deficiencies prompting the original disapproval (64 FR 45454, August 
20, 1999). The reader is referred to this notice for details of EPA's 
basis for this determination. This action deferred the future 
application of the offset sanction and the highway sanction.

Why Is EPA Taking This Action?

    We are taking this action today because the State submitted a 
revised I/M SIP on December 28, 2001, as part of the Baton Rouge SIP. 
EPA has concluded that the State's submittal represents an acceptable 
approach to the I/M requirements and meets the requirements for 
approval.

What Did the State Submit for an I/M Program?

    The State adopted I/M SIP revision was submitted on December 28, 
2001. The SIP contains a SIP narrative, I/M Rules, and several 
appendices including the Department of Public Safety (DPS) Manual 
addressing the requirements of the I/M program. The submittal is 
intended to fulfill the requirements of the Act for the ozone 
nonattainment area of Louisiana that is required to implement an I/M 
program.
    We reviewed the State's submittal against the requirements 
contained in the Act and Federal I/M rules (40 CFR part 51, subpart S). 
An analysis of the Federal requirements and how the State intends to 
fulfill the requirements of the Act and the Federal I/M rules follows.

Section 51.350  Applicability

    The SIP needs to describe the applicable areas in detail and, 
consistent with Sec. 51.372 of the Federal I/M rule, shall include the 
legal authority or rules necessary to establish program boundaries.
    The Louisiana regulations specify that an I/M program will be 
implemented in the Baton Rouge ozone nonattainment area. The low 
enhanced I/M program will be implemented in the urbanized area that 
includes East Baton Rouge Parish. In addition, the program will cover 
Ascension, Iberville, Livingston, and West Baton Rouge parishes in the 
nonattainment area. The authority to establish program boundaries in 
this area is found in LA R.S. 32:1304(3).

Section 51.351-2  Low Enhanced I/M Performance Standard

    The I/M program provided for in the SIP must be designed to meet a 
performance standard, either basic or enhanced as applicable. The 
performance standard sets an emission reduction target that must be met 
by a program in order for the SIP to be approvable. The SIP must also 
provide that the program will meet the performance standard in actual 
operation, with provisions for appropriate adjustments if the standard 
is not met. Equivalency of emission levels needed to achieve the I/M 
program design in the SIP to those of the model program described in 
this section must be demonstrated using the most current version of 
EPA's mobile source emission model, or an alternative approved by the 
Administrator.
    The State submitted a modeling demonstration using the EPA computer 
model MOBILE5b and localized parameters showing that the low enhanced 
performance standard can be met in the Baton Rouge area with the 
program proposed by the State.
    The low enhanced performance standard is established in 40 CFR 
51.351(g). That section provides that states may select the low 
enhanced performance standard if they have an approved SIP for 
Reasonable Further Progress (RFP) in 1996, commonly known as a 15% 
Rate-of-Progress (ROP) Plan, do not have any other disapproved ROP 
plans, and are not needing the high enhanced program to demonstrate 
attainment. Louisiana's 15% Plan for Baton Rouge was approved on 
October 22, 1996 (61 FR 54737). There are no disapproved ROP plans for 
Baton Rouge and the area does not need a high enhanced program to 
demonstrate timely attainment. In order to meet the low enhanced 
standard, the State needed to show a reduction of 11 percent VOCs with 
the I/M program. Projections of oxides of nitrogen (NOX) 
emissions were not included at the time EPA approved the 15% plan 
because EPA had approved a NOX waiver for Baton Rouge on 
January 16, 1996, which was published on January 26, 1996 at 61 FR 
2438.
    In a revised attainment demonstration SIP analysis now pending 
before EPA for action, it was determined that NOX reductions 
from I/M would now be necessary. A recission of the NOX 
waiver was proposed for approval by the Administrator on May 1, 2002, 
and published on May 7, 2002. Credits from I/M NOX 
reductions are part of the attainment demonstration currently under EPA 
review.
    Light and heavy duty vehicles up to 10,000 lb. from 1980 and newer 
will be required to participate in the I/M program. No covered model 
years are exempted. The State is modeling with a test and repair 
program which assumes 75 percent credit for network credits. This 
amount of credit was chosen by the State to complete the modeling 
necessary to demonstrate compliance with the performance standard. 
Modeling with MOBILE5b, the State showed that the proposed program with 
75 percent network credits is projected to meet the performance 
standard of 2.18 grams per mile (gpm) of VOCs and 2.19 gpm of 
NOX. Compliance with the performance in operation is 
discussed below in the following section on program evaluation.
    The State meets the performance standard requirements of the 
Federal I/M rule for 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 is 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

[[Page 44412]]

tampering, and results of covert audits will be reported. In addition, 
the SIP commits to meet the ongoing program evaluation using testing of 
sound methodology of at least 0.1 percent of subject vehicles and 
reporting the results of such evaluation on a biennial basis. Resources 
and personnel for the program evaluation are described in the SIP. 
Legal authority, which is contained in R.S. 32:1305-1306, authorizes 
the Department of Public Safety (DPS) to implement the program and 
conduct the program evaluation.
    For the purposes of this SIP revision, the State must demonstrate 
and have EPA approve after public comment that the network 
effectiveness credit claimed in that attainment demonstration for the 
I/M program is in fact being met, or adjust the credit accordingly in 
the attainment demonstration to reflect the actual effectiveness of the 
test network. In December 2001, the State submitted a program network 
effectiveness demonstration based on partial program implementation. 
The State also submitted a supplement to the 2001 effectiveness 
demonstration on May 6, 2002, which focuses on the future growth and 
benefits of the State's I/M program after full implementation employing 
the newly added OBD requirements.
    In the SIP, the program effectiveness claim was 75 percent. To 
demonstrate program effectiveness, the State utilized criteria set 
forth in guidance \1\ for performing I/M program effectiveness 
demonstrations under the National Highway System Designation Act of 
1995. Although Louisiana did not start up their program under the 
NHSDA, the Federal I/M rules also require an effectiveness 
demonstration.
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    \1\ 1996 draft guidance prepared by a work group (the ECOS 
Group) made up of EPA, the Environmental Council of States, the 
State and Territorial Air Pollution Program Administrators, and the 
Association of Local Air Pollution Control Officers.
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    In the analysis, the State is able to compare the performance of 
the Test and Repair (T&R) stations with Test Only stations by dividing 
the network into two subsets. The T&R subset is 79% of the stations, 
and the Test Only/Surrogate for Test Only (TO/SFTO) subset is 21% of 
the stations. The network had a total of 192 stations operating during 
the period of data collection.
    Criteria that were compared between T&R and TO/SFTO stations are:
    1. Unannounced audits of I/M equipment;
    2. Success rates for first retest after repairs;
    3. Overt site audits;
    4. Enforcement actions taken; and
    5. Training and certification of inspectors.
    Using these five criteria on the partially implemented program, the 
State was able to show that the T&R stations were at least 75 percent 
as effective as TO/SFTO stations in the network. In fact, T&R stations 
were at least 95 percent as effective as TO/SFTO. With four out of the 
five criteria, the T&R stations were actually demonstrated to be more 
effective than the TO/SFTO stations.
    Program enhancements resulting from adding OBD testing improve the 
program effectiveness. OBD testing will include realtime on-line data 
collection that the partial program did not have. The benefits from 
this enhancement are to collect more accurate I/M data in a timely 
manner, resulting in an even more effective I/M program.
    The State meets the network type and program evaluation 
requirements of the Federal I/M rule for 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. 32:1306.C(2) authorizes the program to charge an 
emission inspection fee and a safety/anti-tampering inspection fee to 
support program operations. The SIP also describes the budget, staffing 
support, and equipment needed to implement the program in the narrative 
and in detailed budgets for LDEQ and the DPS in Appendix E of the SIP.
    The State submittal meets the adequate tools and resources 
requirements of the Federal I/M rule for approval. The State committed 
to implementing on-board diagnostic testing on all 1996 and newer 
vehicles beginning January 1, 2002. Acting as expeditiously as 
possible, the State intends to begin on-board diagnostic testing in 
July 2002.

Section 51.355  Test Frequency and Convenience

    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. In addition, in enhanced I/M 
programs, test systems shall be designed in such a way as to provide 
convenient service to motorists who are required to get their vehicles 
tested. The SIP needs to demonstrate that the network of stations 
providing test services is sufficient to insure short waiting times to 
get a test and short driving distances.
    The revised Louisiana I/M SIP commits to testing all designated 
vehicles 1980 and newer annually. The program is decentralized and 
stations will adhere to regular inspection hours. The network of 
stations will consist of familiar locations where motorists regularly 
receive the currently required annual safety/antitampering inspections 
and other vehicle services. Louisiana R.S. 1301-1310 provides the legal 
authority for implementation and enforcement of the test frequency. In 
addition, at least 0.5 percent of the vehicle population will be 
subject to on-road testing.
    The State submittal meets the test frequency and convenience 
requirements of the Federal I/M regulations for approval.

Section 51.356  Vehicle Coverage

    The SIP needs to include a detailed description of the number and 
types of vehicles to be covered by the program, and a plan for how 
those vehicles are to be identified. Also, the SIP needs to include a 
description of any special exemptions which will be granted by the 
program, and an estimate of the percentage and number of subject 
vehicles which will be impacted. Such exemptions need to be accounted 
for in the emission reduction analysis. In addition, the SIP needs to 
include the legal authority or rule necessary to implement and enforce 
the vehicle coverage requirement.
    The revised Louisiana I/M SIP includes coverage of light and heavy-
duty cars and trucks up to 10,000 lb. GVWR registered or required to be 
registered in the I/M program area, including fleets. Subject vehicles 
will be identified through the Department of Motor Vehicle database. No 
covered vehicles are exempt. Approximately 400,000 vehicles will be 
subject to

[[Page 44413]]

inspection. Legal authority for vehicle coverage is contained in LA 
R.S. 32:1304.A(2), and LA R.S. 47:501 and 503.
    The state revised the Louisiana DPS Manual to increase the weight 
of light- and heavy-duty vehicles included in their program in order to 
meet the performance standard. The weight of light- and heavy-duty 
vehicles covered by the program in the nonattainment area was changed 
from 8,500 lb. to 10,000 lb. GVWR. The updated DPS Manual for 2000 
reflects these changes and is included in the SIP in Appendix D.
    The State submittal meets the requirements for vehicle coverage of 
the Federal I/M regulation.

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 an antitampering 
check, a gas cap pressure test, and On-Board Diagnostic Testing 
(OBDII). OBD testing will be performed on all 1996 and newer vehicles. 
Pressure testing procedures shall meet requirements in EPA IM240 and 
Evaporative Test Guidance (1998 Revised Technical Guidance). OBD 
testing will be according to 40 CFR 85, subpart W, Sec. 85.2207. 
Authority to conduct tests on vehicles is established in LA R.S. 1304.
    The State submitted a revision to the Louisiana DPS Manual that 
includes the gas cap pressure test and the final DPS rule (Appendix K) 
that also requires OBD II testing effective January 1, 2002, to meet 
the test procedures requirements of the Federal I/M regulations for 
approval. Acting as expeditiously as possible, the State intends to 
begin on-board diagnostic testing in July 2002.
    The State submittal meets the requirements for test procedures and 
standards of the Federal I/M regulation.

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 gas cap integrity test 
equipment specifications will be consistent with that described in the 
IM240 and Evap Technical Guidance (August 1998). In addition, the OBD 
equipment will meet the specifications in Performing Onboard 
Diagnostics System Checks as Part of a Vehicle Inspection and 
Maintenance Program (June 2001, EPA420-R-01-015). Data on OBD testing 
will be collected on a real-time basis via wireless/modem that 
communicates with a central database in accordance with 40 CFR 51.258.
    The State submittal meets the requirements for test equipment of 
the Federal I/M regulation.

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 40 CFR 51.359. These 
requirements under LA R.S. 32:1305 and 1306 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 submittal meets the requirements for quality control of 
the Federal I/M regulations.

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.
    The State does not have a minimum waiver amount. The revised 
Louisiana I/M program includes a waiver rate of 0 percent of initially 
failed vehicles. This waiver rate is used in the modeling 
demonstration.
    This means the State does not intend to allow any waiver from the 
program. The State need not provide for waiver program administration 
or future corrective action because it does not have a waiver program 
at all. Therefore, the State submittal meets the waivers and compliance 
via diagnostic inspection requirement of the Federal I/M regulation for 
approval.

Section 51.361  Motorist Compliance Enforcement

    The SIP needs to provide information concerning the enforcement 
process, including (1) A description of the existing pre-1990 
compliance mechanism if it is to be used in the future and the 
demonstration that it is more effective than registration-denial 
enforcement; (2) an identification of the agencies responsible for 
performing each of the applicable activities in this section; (3) a 
description of and accounting for all classes of exempt vehicles; and 
(4) a description of the plan for testing fleet vehicles, rental car 
fleets, leased vehicles, and any other subject vehicles. 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.
    The State has chosen to enforce the I/M program with sticker-based 
enforcement. The current pre-1990 safety/antitampering and I/M program 
relies on sticker-based enforcement. Penalties for missing or non-
issued stickers include a fine, as well as possible criminal charges, 
or revocation of the inspector from the program.
    The motorist compliance enforcement program is handled 
cooperatively by the DPS, local law enforcement agencies, and the LDEQ. 
The State submitted an acceptable demonstration of sticker-based 
enforcement effectiveness on March 13, 2001, to show this method of 
enforcement is more effective than registration denial, as required by 
the Act. The statute also provides for enforcement by registration 
suspension.
    There are no classes of on-road exempt vehicles. Fleet vehicles are 
allowed to conduct self-testing provided that they meet the required 
equipment standards, are certified by the

[[Page 44414]]

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 are subject to 
penalties and/or citations by local and state law enforcement 
officials, or registration suspension. The SIP anticipates a compliance 
rate of 96 percent through cooperation with the DPS. The legal 
authority to implement and enforce the program is included in the 
Louisiana statutes cited in the SIP.
    The State submittal meets the requirements for motorist compliance 
enforcement of the Federal I/M regulations for approval.

Section 51.362  Motorist Compliance Enforcement Program Oversight

    The SIP needs to include a description of enforcement program 
oversight and information management activities.
    The Louisiana I/M SIP provides for regular auditing of its 
enforcement efforts and for following effective management practices, 
including adjustments to improve the program when necessary. The 
program oversight and information management activities listed in the 
SIP narrative include procedures for I/M document handling and 
processing, audit procedures, procedures for dealing with motorists and 
inspection facilities suspected of violating program rules.
    The State submittal meets the motorist compliance enforcement 
program oversight requirements of the I/M regulations for approval.

Section 51.363  Quality Assurance

    The SIP needs to include a description of the quality assurance 
program, and written procedures manuals covering both overt and covert 
performance audits, record audits, and equipment audits. This 
requirement does not include materials or discussion of details of 
enforcement strategies that would ultimately hamper the enforcement 
process.
    The revised Louisiana I/M SIP includes a description of its quality 
assurance program. The program includes both covert and overt audits 
which will be conducted on a regular basis. The SIP describes regular 
performance audits which include the inspection of records and 
equipment. Procedures for program oversight are based upon written 
instructions and will be updated as necessary.
    The State submittal meets the quality assurance requirement of the 
Federal I/M regulations for approval.

Section 51.364  Enforcement Against Contractors, Stations and 
Inspectors

    The SIP needs to include the penalty schedule and the legal 
authority for establishing and imposing penalties, civil fines, license 
suspension, and revocations. In the case of state constitutional 
impediments to immediate suspension authority, the state Attorney 
General needs to furnish an official opinion for the SIP explaining the 
constitutional impediment as well as relevant case law. Also, the SIP 
needs to describe the administrative and judicial procedures and 
responsibilities relevant to the enforcement process, including which 
agencies, courts, and jurisdictions are involved; who will prosecute 
and adjudicate cases; and other aspects of the enforcement of the 
program requirements, the resources to be allocated to this function, 
and the source of those funds. In States without immediate suspension 
authority, the SIP needs to demonstrate that sufficient resources, 
personnel, and systems are in place to meet the three day case 
management requirement for violations that directly affect emission 
reductions.
    The revised Louisiana I/M SIP states that the State may assess 
penalties in its enforcement against stations and inspectors. The 
penalty schedule is discussed in the SIP narrative under Motorist 
Compliance Enforcement. The SIP describes the enforcement process, 
including administrative procedures and resources. The legal authority 
for Louisiana to assess penalties is located in LA R.S. 32:1312. The 
authority for DPS to deny application for license or revoke or suspend 
an outstanding certificate of any inspection station or the certificate 
of any person to inspect vehicles is found in LA R.S. 32:1305(C). 
Louisiana indicated that the State Constitution does not preclude 
immediate suspension of licenses to inspect. Even though Louisiana is a 
due process state, immediate suspension authority is currently 
available. The State submitted a statement from James H. Brent, 
Assistant Secretary of the LDEQ, on August 21, 2001, enclosing a letter 
from the LDEQ Deputy General Counsel, Ann Coco (August 20, 2001), 
outlining the Constitutional prohibition and outlining the process by 
which State can suspend or revoke a license within three business days 
of discovery of the violation, as required, and not violate the State 
Constitution. This statement is necessary for approval of this SIP 
revision.
    The State submittal meets the requirements for approval of 
enforcement against inspection stations and inspectors of the Federal 
I/M regulations.

Section 51.365-6  Data Collection, Analysis and Reporting

    The SIP needs to describe the types of data to be collected and 
reported.
    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 submittal meets the data collection, analysis and 
reporting requirements of the Federal I/M regulations for approval.

Section 51.367  Inspector Training and Licensing or Certification

    The SIP needs to include a description of the training program, the 
written and hands-on tests, and the licensing or certification process.
    The revised Louisiana I/M SIP provides for the implementation of 
training, licensing, and refresher programs for emission inspectors. 
The SIP describes this program including written and hands-on testing. 
Inspector licenses will expire two years after issuance. All inspectors 
must be licensed to inspect vehicles in the Louisiana I/M program.
    The State submittal meets the requirements for inspector training 
and licensing or certification of the Federal I/M regulations.

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

[[Page 44415]]

program, the ways to maintain a vehicle in low-emission condition, how 
to find a qualified repair technician, and the requirements of the I/M 
program. The SIP states under the Improving Repair Effectiveness 
section that motorists will be offered general repair information 
including a list of repair facilities, information on the results of 
the repairs by repair facilities in the area, diagnostic information 
and warranty information. The SIP also describes consumer protection 
provisions which include a challenge mechanism, oversight of the 
program through the use of audits, and whistle blower protection.
    The State submittal meets the public information and consumer 
protection requirements of the Federal I/M regulations for approval.

Section 51.369  Improving Repair Effectiveness

    The SIP needs to include a description of the technical assistance 
program to be implemented, a description of the procedures and criteria 
to be used in meeting the performance monitoring requirements of the 
Federal I/M rule, and a description of the repair technician training 
resources available in the community.
    The revised Louisiana I/M SIP includes a description of the 
technical assistance plan, repair industry performance monitoring plan, 
repair technician training assessment, and recognized repair technician 
requirements. The State will regularly inform repair facilities through 
the use of a newsletter regarding changes to the inspection program, 
training course schedules, common problems and potential solutions for 
particular engine families, diagnostic tips, repair, and other 
technical assistance issues. Repair facility performance monitoring 
statistics will be available to motorists whose vehicles fail the I/M 
test. The State will also ensure that adequate repair technician 
training resources are available to the repair community.
    The state submittal meets the improving repair effectiveness 
requirements of the Federal I/M regulations for approval.

Section 51.370  Compliance With Recall Notices

    The SIP needs to describe the procedures used to incorporate the 
lists of vehicles with recall notices provided by EPA into the 
inspection or registration database, the quality control methods used 
to insure that recall repairs are properly documented and tracked, and 
the method (inspection failure or registration denial) used to enforce 
the recall requirements.
    The revised Louisiana I/M SIP commits to ensuring compliance with 
EPA I/M recall rules when they are finalized. Additional rulemaking by 
EPA is needed before the State will be able to implement this 
provision. Inspections failure will be used to enforce the recall 
requirements.
    The State submittal meets the compliance with recall notices 
requirement of the Federal I/M regulations for approval.

Section 51.371  On-Road Testing

    The SIP needs to include a detailed description of the on-road 
testing program, including the types of testing, test limits and 
criteria, the number of vehicles (the percentage of the fleet) to be 
tested, the number of employees to be dedicated to the on-road testing 
effort, the methods for collecting, analyzing, utilizing, and reporting 
the results of on-road testing and, the portion of the program budget 
to be dedicated to on-road testing. Also, the SIP needs to include the 
legal authority necessary to implement the on-road testing program, 
including the authority to enforce off-cycle inspection and repair 
requirements. In addition, emission reduction credit for on-road 
testing programs shall be granted for a program designed to obtain 
significant emission reductions over and above those already predicted 
to be achieved by other aspects of the I/M program. The SIP needs to 
include technical support for the claimed additional emission 
reductions.
    The revised Louisiana I/M SIP includes a description of its on-road 
testing program, including test limits, criteria, data collection and 
reporting methods. The State is planning roadside antitampering checks 
and evaporative emission testing. The State has committed to cover 0.5 
percent of the EPA required subject vehicles. The legal authority to 
conduct on-road testing is in LA R.S.32:1302-1303. The SIP describes 
adequate funding, resources and personnel to implement the on-road 
testing program. The State does not claim any additional reductions 
from on-road testing.
    Louisiana's on-road testing program will check for hydrocarbon 
emissions as a complement to the required evaporative emissions testing 
program and will do an antitampering inspection.
    The State submittal meets the requirements for on-road testing of 
the Federal I/M regulations for approval.

Section 51.372  State Implementation Plan Submissions

    Under the Federal I/M rule, the SIP submittal should include legal 
authority for I/M program operation until such time as it is no longer 
necessary. The State is operating the I/M program under the continuous 
legal authority of the established antitampering and safety inspection 
program. Due to the nature of the I/M program, no other legal authority 
is required.
    The revised Louisiana I/M SIP commits to revising the I/M SIP as 
new regulations are promulgated. The SIP contains the current 
interagency agreement between LDEQ and the DPS. This agreement is 
renewed annually with an effective date of July 1, and will be modified 
as needed to include future program requirements.
    The State submittal meets the requirements for state implementation 
plan submissions of the Federal I/M regulations for 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 program SIPs processed under the NHSDA, EPA SIP 
approvals allowed programs to start as soon as possible, and specified 
start dates of November 15, 1997. Then in a narrower application, a 
January 1, 1999, start date was designated as a result of providing 
greater flexibility in Ozone Transport Regions (OTR) (FRN, Vol. 61, No. 
144, July 25, 1996, p. 39034). OTRs would normally be exempt from I/M 
program requirements except for their location within the OTR. The 
January 1, 1999, start date allowed the affected areas to meet the 
performance standard by the Act's attainment and reasonable further 
progress deadlines, including the end of 1999 for serious ozone 
nonattainment areas. The EPA received no public comment regarding the 
1999 start date in this notice. Finally, at this late date, starting 
the program in the Baton Rouge nonattainment area initially by January 
1,2000, is ``as soon as possible'' for Louisiana.
    The Louisiana I/M program started on January 1, 2000, with 
implementation of the gas cap pressure test. The State intends to 
implement OBD II testing in July 2002, which is as expeditious as 
possible following the January 2002 OBD start date requirement.
    The State submittal meets the implementation deadlines requirement 
of the Federal I/M regulations for approval.

[[Page 44416]]

What Is EPA's Concluding Statement of Approval?

    Our review of this material indicates that the SIP revision meets 
the minimum requirements of the Act and Federal I/M rules. Based upon 
the discussion contained in the analysis section of the proposal, the 
technical support document, and review of the DPS final I/M rules and 
updated MOU, we conclude that the State's submittal represents an 
acceptable approach to the I/M requirements and meets the requirements 
for approval. Therefore, EPA is proposing approval of the Louisiana I/M 
SIP revision.

EPA's Rulemaking Action

    The EPA is proposing approval of the State's I/M SIP revision.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Public Law 104-4).
    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000). This action also does not 
have Federalism implications because it does not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action 
merely proposes to approve a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does 
not impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: June 13, 2002.
Sam Becker,
Acting Regional Administrator, Region 6.
[FR Doc. 02-16461 Filed 7-01-02; 8:45 am]
BILLING CODE 6560-50-P