[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Rules and Regulations]
[Pages 66113-66116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19020]
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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 [email protected]. 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
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 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
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 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: [email protected].
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.
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(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