```
[Federal Register Volume 62, Number 223 (Wednesday, November 19, 1997)]
[Rules and Regulations]
[Pages 61633-61635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30376]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-33-1-7357; FRL-5924-6]

Approval and Promulgation of State Implementation Plans (SIP) for 
Louisiana: Motor Vehicle Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final disapproval.

-----------------------------------------------------------------------

SUMMARY: This EPA rulemaking addresses comments received in response to 
the proposed disapproval of the SIP revision submitted by Louisiana for 
establishing and operating a motor vehicle Inspection and Maintenance 
(I/M) Program, and finalizes disapproval of the plan. An enhanced I/M 
program is required in the Baton Rouge serious ozone nonattainment area 
under the Clean Air Act (the Act) as amended in 1990. The State lacks 
the legal authority to establish and operate an I/M program in the 
ozone nonattainment area. This action is being taken under section 110 
of the Act.

DATES: This final rule is effective December 19, 1997.

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. 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:

I. Background

    On July 31, 1997 (62 FR 41002), EPA published a Notice of Proposed 
Rulemaking (NPR) for the State of Louisiana. The NPR withdrew the 
previous conditional approval proposed June 9, 1997 (62 FR 31388), and 
proposed disapproval of the State's I/M program SIP submitted to 
satisfy requirements of section 182(c)(3) of the Act concerning serious 
ozone nonattainment areas.
    The proposed conditional approval was withdrawn and disapproval 
proposed because the State Legislature did not reauthorize and provide 
continuous authorization for an I/M program during the 1997 Regular 
Legislative Session. Bills to reauthorize the I/M program for two more 
years, and to fund the program, were introduced, but neither was 
enacted. The I/M program start date, as stated in the SIP, is January 
1, 1999. Program reauthorization was needed to develop the program in 
time to meet the January 1999 start date. Continuous program 
authorization is needed to satisfy I/M Rule 40 CFR 51.372 that requires 
states to provide legal authority for the I/M program 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 considered this a major 
deficiency in the SIP.
    Other specific requirements of the Louisiana I/M SIP and the 
rationale for EPA's proposed action are explained in the NPRs and will 
not be restated here.

II. Public Comments/Response to Comments

    This section discusses the content of the comments submitted to the 
docket during the Federal comment period for the notice of proposed 
rulemaking published in the July 31, 1997, Federal Register (FR), and 
provides EPA's response to those comments. The comment period closed 
September 2, 1997. One comment was received by the Region. The comment 
was from the Louisiana Department of Environmental Quality (LDEQ).

Comment--Transportation Conformity Rule

    The LDEQ commented that the inclusion of transportation conformity 
sanctions in the proposed rulemaking is an error. The stated sanctions 
were in the form of a Transportation Improvement Plan lapse or freeze 
following final disapproval. The transportation conformity rule (58 FR 
62216, November 24, 1993), clearly defines control strategy 
implementation plan. The Louisiana I/M SIP is not a control strategy 
implementation plan. Therefore, the State's I/M SIP should not include 
transportation conformity sanctions.

Response to Comment

    The EPA agrees with LDEQ's comment adding the following 
explanation: When the previous NPR was being developed, and at the time 
of its publication, the transportation conformity rule was undergoing 
revision. The Region chose to include transportation conformity 
sanctions at that time as a precautionary measure, pending the 
publication of the revised transportation conformity rule. 
Subsequently, the revised transportation conformity rule was published 
(August 15, 1997, 62 FR 43779). Since the I/M

[[Page 61634]]

program is not part of Louisiana's 15% Rate-of-Progress Plan or its 
Post-1996 Rate of Progress/ Attainment Demonstration Plan, it is not 
considered a control strategy under the definition in the 
transportation conformity rule. The EPA agrees that the transportation 
conformity sanctions stated in the proposed disapproval notice do not 
apply to Louisiana in this case.

III. Final Rulemaking

    The EPA is finalizing disapproval of the Louisiana I/M SIP under 
sections 110(k)(3) and 182 of the Act. During the last regular session 
ending June 23, 1997, the State Legislature did not provide either 
program reauthorization or continuous program authority for the I/M 
program as required in the Federal I/M Rule. The Legislature is not 
scheduled to meet in regular session until the Spring of 1999, which is 
after the January 1, 1999, start date designated in the SIP.
    Under section 179(a)(2), if the EPA Administrator takes final 
disapproval action on a submission under section 110(k) for an area 
designated nonattainment based on the submission's failure to meet one 
or more of the elements required by the Act, and the deficiency is not 
corrected within 18 months of the effective date of the final 
disapproval action, the Administrator must apply one of the sanctions 
set forth in section 179(b) of the Act. Section 179(b) provides two 
sanctions: Imposition of 2:1 emission offset requirements and 
revocation of highway funding. If the Administrator imposes the first 
requirement of 2:1 offsets and the deficiency is not corrected within 
six months, then the second sanction pertaining to highway funding 
shall apply. The sanctions shall apply until the Administrator 
determines that the State has corrected the legislative deficiency, and 
EPA has issued final approval. This sanctions process is set forth in 
40 CFR 52.31. Today's action constitutes final agency action and will 
be effective 30 days after publication. The 18-month sanction clock 
time frame for the State to correct the deficiency begins upon the 
effective date of this final disapproval action. This disapproval 
initiates the sanctions process of 179(a) of the Act.
    Nothing in today's action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

    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.
    The EPA's final disapproval of the State request under sections 110 
and 301, and subchapter I, part D of the Act does not affect any 
existing requirements applicable to small entities. Any preexisting 
Federal requirements remain in place after this final disapproval. 
Federal disapproval of the State submittal does not affect its State-
enforceability. Moreover, the EPA's disapproval of the submittal does 
not impose any new Federal requirements. Therefore, the EPA certifies 
that this final 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 impose any new Federal requirements.

C. Small Business Regulatory Enforcement Fairness Act

    Under section 801(a)(1)(A) of the Administrative Procedures Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted a report containing this rule and other 
required information to the U.S. House of Representatives and the 
Comptroller General of the General Accounting Office prior to 
publication of the rule in today's Federal Register. This rule is not a 
``major rule'' as defined by section 804(2) of the APA as amended.

D. Unfunded Mandates Act

    Under section 202 of the Unfunded Mandate 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 aggregate; or to the private sector of $100 
million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives 
of the rule and is consistent with statutory requirements. Section 203 
requires EPA to establish a plan for informing and advising any small 
governments that may be significantly or uniquely impacted by the rule.
    The EPA has determined that the final disapproval action 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 does not 
impose new requirements. Accordingly, no additional costs to State, 
local, or tribal governments, or private sector, result from this 
action.

E. Petitions for Judicial Review

    Under Section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 20, 1998. 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, Nitrogen dioxide, Ozone.

    Dated: November 6, 1997.
Lynda F. Carroll,
Acting Regional Administrator.

    Chapter I, title 40, of the Code of Federal Regulations is amended 
as follows:

PART 52--[AMENDED]

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

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

Subpart T--Louisiana

    2. Section 52.994 is added to read as follows:

Sec. 52.994  Disapprovals.

    The State of Louisiana motor vehicle Inspection and Maintenance (I/
M) program SIP submittal of August 18, 1995, with later editions, is 
disapproved based on the failure of the State Legislature to grant 
legal authority to reauthorize and continuously operate the program 
until the program is no

[[Page 61635]]

longer necessary. The Baton Rouge serious ozone nonattainment area is 
required to have an enhanced I/M program under section 182 of the Clean 
Air Act (the Act) as amended in 1990. This disapproval initiates the 
sanction process of section 179(a) of the Act.

[FR Doc. 97-30376 Filed 11-18-97; 8:45 am]
BILLING CODE 6560-50-P
```