[Federal Register Volume 67, Number 187 (Thursday, September 26, 2002)]
[Rules and Regulations]
[Pages 60594-60596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24338]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-61-2-7566; FRL-7382-7]


Approval and Promulgation of Air Quality State Implementation 
Plans; Louisiana: Motor Vehicle Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving a State Implementation Plan (SIP) 
revision submitted by the State of Louisiana establishing a Vehicle 
Inspection and Maintenance (I/M) Program for the Baton Rouge 
nonattainment area. EPA proposed approval of the I/M SIP revision on 
July 2, 2002. The program consists of On-Board Diagnostic (OBD) testing 
for all 1996 and newer vehicles, plus antitampering and a gas cap 
pressure test for all applicable vehicles.
    Final approval of this SIP will eliminate the sanction clock that 
was stayed on August 10, 1999, with an interim final determination that 
the State had more likely than not cured the deficiencies that prompted 
the original disapproval.
    Pursuant to section 553(d) of the Administrative Procedure Act, EPA 
finds good cause to make this action effective immediately.

DATES: This final rule is effective on September 26, 2002.

ADDRESSES: 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.

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: Throughout this document ``we,'' ``us,'' and 
``our'' means EPA.

What Action Is EPA Taking Today?

    We are granting final approval of Louisiana's vehicle I/M program. 
The program applies to the five parish Baton Rouge nonattainment area. 
EPA proposed approval of the Louisiana I/M SIP revision on July 2, 2002 
(67 FR 44410).
    Section 553(d) of the Administrative Procedure Act generally 
provides that rules may not take effect earlier than 30 days after they 
are published in the Federal Register. However, if an Agency identifies 
a good cause, section 553(d)(3) allows a rule to take effect earlier, 
provided that the Agency publishes its reasoning in the final rule. EPA 
is making this action effective immediately because this rule is 
related to the Baton Rouge 1-hour ozone Attainment Plan and Transport 
State Implementation Plan, on which the EPA intends to take imminent 
action (see 67 FR 50391, August 2, 2002). In conjunction with its 
August 2, 2002, proposed approval of the attainment demonstration, EPA 
proposed to extend the ozone attainment date for the BR area to 
November 15, 2005, while retaining the area's current classification as 
a serious ozone nonattainment area and to withdraw EPA's June 24, 2002, 
rulemaking determining nonattainment and reclassification of the BR 
area (67 FR 42687). The effective date of EPA's June 24, 2002, 
nonattainment determination and reclassification is imminent. 
Furthermore, making this action effective immediately does not impose 
any additional requirements, because the underlying regulations are 
already effective under state law.

What Are the Clean Air Act Requirements?

    EPA approval of this SIP revision is governed by sections 110 and 
182 of the Act.
    An I/M program is required in the Baton Rouge area because it is 
classified serious nonattainment for ozone and the population exceeds 
200,000. The SIP credits are not taken for the I/M plan in the 15% 
Rate-of-Progress (ROP) Plan or the 9% ROP plan. However, SIP credits 
are taken for the I/M plan in the 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, and in the proposed approval of the 
attainment demonstration published in 67 FR 50391.

Why Is EPA Taking This Action?

    We are taking this action because the State submitted an approvable 
enhanced vehicle I/M program SIP for the nonattainment area requiring a 
program.

What Effect Does This Action Have on the Sanction Clock That Was Stayed 
on August 10, 1999?

    Final approval of the I/M SIP turns off the sanction clock that was 
started on February 13, 1998, the effective date of a disapproval of 
the I/M SIP revision submitted in 1996.
    On August 20, 1999 (64 FR 45454), we published an interim final 
determination that the State had more likely than not corrected the 
deficiency that prompted the original disapproval of the Louisiana I/M 
SIP. We delayed taking final action on the I/M SIP submitted February 
12, 1999, because EPA was in the process of amending the Federal I/M 
rule, and final approval of that SIP depended on the Federal I/M rule 
amendments.
    Today's approval action is a result of the State submitting a 
revised I/M SIP

[[Page 60595]]

on December 28, 2001, which is fully approvable. Today's final approval 
of the I/M SIP will turn off the sanction clock because the inadequacy 
that started the clock has been corrected to EPA's satisfaction.

What Does the State's I/M Program Include?

    The State's program requires that all 1980 and newer gasoline 
powered light-duty vehicles and light and heavy-duty trucks, that are 
registered or required to be registered in the five parish Baton Rouge 
nonattainment area, including fleets, are subject to annual inspection 
and testing.
    All vehicles in the I/M program are subject to a gas cap pressure 
check and an antitampering inspection. In addition, all 1996 and newer 
vehicles will be tested with OBD.

What Did the State Submit?

    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.

What Comments Did EPA Receive in Response to the Proposed Rules?

    No adverse comments were received. Comments in support of the I/M 
program were received from the Baton Rouge Clean Air Coalition and the 
Steering Committee of the Baton Rouge Ozone Task Force. We thank these 
planners for their positive comments.

EPA's Rulemaking Action

    We are granting final full approval of Louisiana I/M program 
pursuant to sections 110 and 182 of the Act.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
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 action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this 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 approves 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 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 approves 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 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 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.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 25, 2002. 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).)

List of Subjects in 40 CFR Part 52

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

    Dated: September 17, 2002.
Lynda F. Carroll,
Acting Regional Administrator, Region 6.

    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 et seq.

Subpart T--Louisiana

    2. The table in Sec.  52.970(c) entitled ``EPA Approved Louisiana 
Regulations in the Louisiana SIP,'' is amended by adding to the end of 
the table, immediately following Section 6523, the centered heading 
``LAC Title 55. Public Safety Part III. Motor Vehicles'' immediately 
followed by center heading ``Chapter 8. Motor Vehicle Inspection'' 
followed by entries for Sections 801 to 835 to read as follows:

[[Page 60596]]

Sec.  52.970  Identification of plan.

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    (c) * * *

                             EPA Approved Louisiana Regulations in the Louisiana SIP
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                                                          State submittal/
         State citation               Title/subject        approval date    EPA approval date       Comments
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                                                  * * * * * * *
                  LAC Title 55. Part III. Motor Vehicles, Chapter 8. Motor Vehicle Inspections
--------------------------------
                                              Subchapter A. General
--------------------------------
Section 801....................  Definitions...........  Dec. 1999, LR      September 26,      .................
                                                          25:2421.           2002 [67 FR
                                                                             60594].
Section 803....................  Forward...............  Dec. 1999, LR      September 26,      .................
                                                          25:2421.           2002 [67 FR
                                                                             60594].
--------------------------------
                                        Subchapter B. Safety Inspections
--------------------------------
Section 805....................  Requirements, Duties,   Dec. 2001, LR      September 26,      .................
                                  Responsibilities.       27:2260.           2002 [67 FR
                                                                             60594].
Section 807....................  Operation as an         Dec. 2001, LR      September 26,      .................
                                  Official Motor          27:2260.           2002 [67 FR
                                  Vehicle Inspection                         60594].
                                  Station.
Section 809....................  General Inspection      Dec. 1999, LR      September 26,      .................
                                  Requirements.           25:2426.           2002 [67 FR
                                                                             60594].
Section 811....................  Inspection Procedures.  Dec. 1999, LR      September 26,      .................
                                                          25:2427.           2002 [67 FR
                                                                             60594].
Section 813....................  Required Equipment....  Dec. 1999, LR      September 26,      .................
                                                          25:2428.           2002 [67 FR
                                                                             60594].
Section 815....................  Miscellaneous           Dec. 1999, LR      September 26,      .................
                                  Inspection Procedures.  25:2433.           2002 [67 FR
                                                                             60594].
--------------------------------
                        Subchapter C. Vehicle Emission Inspection and Maintenance Program
--------------------------------
Section 817....................  General Information...  Dec. 1999, LR      September 26,      .................
                                                          25:2433.           2002 [67 FR
                                                                             60594].
Section 819....................  Anti-tampering and      Dec. 2001, LR      September 26,      .................
                                  Inspection and          27:2260.           2002 [67 FR
                                  Maintenance                                60594].
                                  Parameters.
--------------------------------
                                Subchapter E. Administrative and Audit Procedures
--------------------------------
Section 833....................  Investigations;         Dec. 2001, LR      September 26,      .................
                                  Administrative          27:2260.           2002 [67 FR
                                  Actions; Sanctions.                        60594].
Section 835....................  Declaratory Orders and  Dec. 1999, LR      September 26,      .................
                                  Rulings.                25:2442.           2002 [67 FR
                                                                             60594].
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[FR Doc. 02-24338 Filed 9-25-02; 8:45 am]
BILLING CODE 6560-50-P