

[Federal Register: November 13, 2006 (Volume 71, Number 218)]
[Rules and Regulations]               
[Page 66113-66116]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no06-10]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-0456; FRL-8241-2]

 
Approval and Promulgation of Implementation Plans; Louisiana; 
2006 Low Enhanced Vehicle Inspection/Maintenance (I/M) Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve the State 
Implementation Plan (SIP) revision of the Low Enhanced Vehicle 
Inspection/Maintenance Program for the State of Louisiana. This 
revision exempts the two newest model year gasoline-fueled passenger 
cars and trucks from On-Board Diagnostic (OBD) testing. We are taking 
this action in accordance with Sections 110 and 182 of the Clean Air 
Act.

DATES: This rule is effective on January 12, 2007 without further 
notice, unless EPA receives relevant adverse comment by December 13, 
2006. If EPA receives such comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2006-LA-0456, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm
 Please click on ``6PD'' (Multimedia) and select 

``Air'' before submitting comments.
     E-mail: Mr. Thomas Diggs at diggs.thomas@epa.gov. Please 
also cc the person listed in the FOR FURTHER INFORMATION CONTACT 
section below.
     Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are 
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except 
for legal holidays. Special arrangements should be made for deliveries 
of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-LA-0456. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 

information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through 
http://www.regulations.gov or e-mail. The www.regulations.gov Web site is an 

``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 

automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.

[[Page 66114]]

    Docket: All documents in the docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 

information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air Planning Section 

(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, 
Dallas, Texas 75202-2733. The file will be made available by 
appointment for public inspection in the Region 6 FOIA Review Room 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below or Mr. Bill Deese at (214) 665-7253 to make an 
appointment. If possible, please make the appointment at least two 
working days in advance of your visit. There will be a 15 cent per page 
fee for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment: Louisiana Department of Environmental Quality, Air Quality 
Division, 602 N. Fifth Street, Baton Rouge, Louisiana 70802.

FOR FURTHER INFORMATION CONTACT: Mrs. Sandra Rennie, Air Planning 
Section (6PD-L), Multimedia Planning and Permitting Division, U.S. EPA, 
Region 6, 1445 Ross Avenue, Dallas, Texas 75202, (214) 665-7367, e-mail 
address: rennie.sandra@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Outline

I. What Action Is the EPA Taking?
II. What Did the State Submit?
III. What Are the Federal Requirements?
IV. What Is the Effect of This Action?
V. Why Can We Approve This Request?
VI. Final Action
VII. Statutory and Executive Order Reviews

I. What Action Is the EPA Taking?

    EPA is taking direct final action to fully approve a revision to 
the Louisiana SIP. During the 2004 Regular Session of the Louisiana 
Legislature, legislation was enacted granting the Secretary of the 
Louisiana Department of Environmental Quality (LDEQ) the power to 
exempt vehicles of that model year and vehicles from prior model years 
from OBD testing. The Secretary of LDEQ submitted a SIP Revision for 
the Low Enhanced Vehicle I/M Program for the Baton Rouge Ozone 
Nonattainment Area. This nonattainment area consists of Ascension, East 
Baton Rouge, Iberville, Livingston, and West Baton Rouge Parishes.
    The Clean Air Act as amended in 1990 requires that Baton Rouge 
implement a vehicle inspection/maintenance program to limit the amounts 
of VOC and NOX emitted from motor vehicles. Beginning in 
February of 1998, the EPA and the state of Louisiana consulted on an 
approvable I/M Program plan. On September 26, 2002, the EPA approved 
the I/M program for the Baton Rouge nonattainment area. The program 
required annual safety inspections on vehicles that are gasoline-fueled 
and have a gross vehicle weight rating (GVWR) of 10,000 pounds or less 
that are registered in the covered area. The subject vehicles are 
identified through the Department of Public Safety Office of Motor 
Vehicles database of registered vehicles in the five-parish 
nonattainment area.

II. What Did the State Submit?

    The May 5, 2006, submittal includes a SIP narrative and a modeling 
demonstration. The State also submitted documentation giving the 
Secretary of the LDEQ additional authority in administering the I/M 
program. On July 1, 2004, Act No. 584 of the 2004 Regular Session of 
the Louisiana Legislature revised section 2054 of the Louisiana Revised 
Statutes R.S. 30:2054(B)(8) to authorize the secretary of environmental 
quality at the beginning of each year to exempt vehicles of that 
calendar year and vehicles from the prior model year from OBD testing. 
State regulations revised in March 2005 to reflect this change were 
also submitted. Louisiana Administrative Code Title 55:Part III, 
Chapter 8 was revised at LAC 55:III: 819(C) in November 2004 to allow 
the exemptions pursuant to R.S. 30:2054(B)(8). The I/M program grants 
no other special exemptions.
    The modeling demonstration provided 2002 modeling and 2007 
projections using MOBILE 6.2.03 emission factor modeling. MOBILE is an 
EPA emission factor model used to predict pollution from on-road motor 
vehicles. The model accounts for changes in vehicle population, 
activity, variation, and emission standards in local conditions such as 
temperature, humidity, fuel quality, and air quality. The MOBILE6 
modeling submitted by LDEQ reflects an overall reduction in VOC and 
NOX emissions and demonstrates that the program will 
continue to meet the performance standard with the first two model 
years exempted from testing. This data may be found in the technical 
support document.

III. What Are the Federal Requirements?

    Model year coverage is not strictly specified in 40 CFR 51.356 
(Vehicle Coverage) in the Federal I/M rule. Special exemption may be 
permitted for certain subject vehicles provided a demonstration is made 
showing the performance standard is met. All model year exemptions are 
covered by this provision. The state of Louisiana provided sufficient 
MOBILE6 modeling that supports an overall reduction in NOX 
and VOC as required in Section 182(c)(3) of the Clean Air Act. This 
evidence of an overall reduction in NOX and VOC demonstrates 
that this SIP revision meets and complies with section 110(l) of the 
Act.

IV. What Is the Effect of This Action?

    By definition, the OBD computer system is installed in a vehicle by 
the manufacturer, and monitors the performance of the vehicle's 
emissions control equipment. The inspection of the OBD system consists 
of a visual check of the vehicle's malfunction indicator lamp, and an 
electronic examination of the OBD system. This exemption alleviates a 
portion of the waiting time incurred at inspection stations by 
decreasing the amount of vehicles subject to the entire inspection 
process. The exempted vehicles are only required to obtain visual anti-
tampering checks and gas cap integrity tests.

V. Why Can We Approve This Revision?

    We conclude that the Baton Rouge I/M Program meets the requirements 
of the Federal I/M regulations. Therefore, EPA can approve the 
revisions to the Baton Rouge low enhanced vehicle I/M program. The 
State consulted with EPA's Office of Transportation and Air Quality in 
preparation of the MOBILE 6.2.03 demonstration. The State submitted the 
modeling demonstration showing that the low enhanced performance 
standard, as established in 2002, is met when the two newest model 
years are exempt from OBD testing. The revision meets the performance 
standard requirements, and it meets and complies with section 110(l) of 
the Act.

[[Page 66115]]

VI. Final Action

    We are approving this revision to the Baton Rouge I/M program. EPA 
is publishing this rule without prior proposal because we view this as 
a noncontroversial amendment and anticipate no adverse comments. 
However, in the proposed rules section of this Federal Register 
publication, we are publishing a separate document that will serve as 
the proposal to approve the SIP revision if adverse comments are 
received. This rule will be effective on January 12, 2007 without 
further notice unless we receive adverse comment by December 13, 2006. 
If we receive adverse comments, we will publish a timely withdrawal in 
the Federal Register informing the public that the rule will not take 
effect. We will address all public comments in a subsequent final rule 
based on the proposed rule. We will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time. Please note that if we receive adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, we may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

VII. Statutory and Executive Order Reviews

    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 (Pub. L. 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 January 12, 2007. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: October 23, 2006.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart T--Louisiana

0
2. The table in 40 CFR 52.970(c) entitled ``EPA Approved Louisiana 
Regulations in the Louisiana SIP,'' is amended by revising Section 819 
in LAC Title 55, Part III, Motor Vehicles, Chapter 8, Motor Vehicle 
Inspection as shown below:


Sec.  52.970  Identification of plan.

* * * * *
    (c) * * *

[[Page 66116]]



                             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 C. Vehicle Emission Inspection and Maintenance Program

                                                  * * * * * * *
Section 819.....................  Anti-tampering and   May 5, 2006........  November 13, 2006,
                                   Inspection and                            [Insert Federal
                                   Maintenance                               Register page
                                   Parameters.                               number].

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[FR Doc. E6-19020 Filed 11-9-06; 8:45 am]

BILLING CODE 6560-50-P
