Approval and Promulgation of Air Quality State Implementation Plans (SIP); Louisiana: Enhanced Motor Vehicle Inspection and Maintenance (I/M) Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-33-1-7343; FRL-5866-7]

Approval and Promulgation of Air Quality State Implementation

Plans (SIP); Louisiana: Enhanced Motor Vehicle Inspection and

Maintenance (I/M) Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of proposed conditional approval, and proposed

disapproval.

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SUMMARY: The EPA previously published a Federal Register (FR) notice

proposing conditional approval of the Louisiana I/M SIP. The notice was

published on June 9, 1997 (62 FR 31388). The approval was conditioned

on the State obtaining reauthorization and continuous operating

authority for the I/M program, and program start-up on January 1, 1999.

The State failed to obtain the necessary legislation during the 1997

regular Legislative Session. Consequently, EPA believes that

conditional approval is no longer appropriate. Therefore, EPA is

withdrawing its proposed conditional approval. At the same time, EPA is

proposing disapproval of the revision to the I/M SIP submitted by the

State of Louisiana on August 18, 1995 and May 30, 1996. This action is

taken under section 110 of the Clean Air Act (the Act) as amended in

1990. The EPA is proposing a disapproval because the State has not

obtained the legislative authority needed for reauthorization

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and continuous implementation of the program. The EPA cannot approve a

SIP, under the Clean Air Act, which lacks continuing legislative

authority.

DATES: This withdrawal is made on July 31, 1997. Comments on the

proposed disapproval must be received on or before September 2, 1997.

ADDRESSES: Written comments on the proposed action should be addressed

to Mr. Thomas H. Diggs, Chief, Air Planning Section, at the EPA

Regional 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:

I. Background

On August 18, 1995, and in a later submittal, the State of

Louisiana submitted plans for an I/M program in response to the

requirements of the Act and to Federal I/M rules promulgated on

November 5, 1992 (40 CFR 51.350, et seq.). Serious ozone nonattainment

areas are required by the Act to implement enhanced vehicle I/M

programs. The Louisiana plan would put a vehicle I/M program in place

in the six parish Baton Rouge ozone nonattainment area starting January

1999. The plan was not submitted under the National Highway System

Designation Act, which amended the Clean Air Act I/M requirement in

certain respects. An I/M program is not needed to provide the

reductions necessary to support a demonstration of the Baton Rouge 15%

Rate-of-Progress Plan or the Post-1996 Rate of Progress/Attainment

Demonstration Plan. A proposed conditional approval of this plan was

published in the Federal Register on June 9, 1997 (62 FR 31388). The

plan was proposed for approval with the conditions that the program

start in January 1999, and that the State obtain legislative authority

for continuous program operation. The State statute had required

program reauthorization in 1997 and in odd-numbered years thereafter.

II. Analysis of Legislative Authority

Under 40 CFR 51.372(a)(6) of the Federal I/M rule, the SIP

submittal must include 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, and made correcting this deficiency one

condition toward full approval of the SIP. The Clean Air Act section

110(a)(2)(E) requires that all SIPS, to be approvable, must include

adequate authority under State law to implement the plan.

The State Legislature held a regular session from April 1, 1997,

through June 23, 1997. Neither of the two bills relating to I/M were

enacted. The Legislature recessed without providing the necessary legal

authority for program reauthorization or continuous program operation,

and will not meet in regular session until the spring of 1999. A fee

bill to fund program development also was not acted upon. Consequently,

the State will not have legal authority to implement the I/M program

after 1997.

III. Rulemaking Action

The EPA is withdrawing the proposed conditional approval appearing

at 62 FR 31388, June 9, 1997, since Louisiana failed to enact

continuing legislative authority during the 1997 session. Louisiana

could not comply with the proposed condition in the notice.

The EPA also proposes to disapprove the Louisiana I/M SIP under

sections 110(k) and 182 of the Act since the State did not obtain

reauthorization and continuous legislative authority for I/M program

operation. A disapproval is being proposed because the State's I/M SIP

does not meet all the requirements of the Act and the federal I/M

rules.

Today's rulemaking action withdraws the previous proposed

conditional approval, and proposes to disapprove the State's I/M SIP

until such time as the State corrects the major deficiency relating to

legislative authority.

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, the Administrator must

apply one of the sanctions set forth in section 179(b) of the Act

(unless the deficiency has been corrected within 18 months of such

disapproval). Section 179(b) provides two sanctions available to the

Administrator: revocation of highway funding and the imposition of

emission offset requirements. The 18-month period referred to in

section 179(a) will begin on the effective date established in the

final disapproval action. If the deficiency is not corrected within six

months of the imposition of the first sanction, the second sanction

will also apply. This sanctions process is set forth in 40 CFR 52.31.

Today's action serves only to propose disapproval of the State's

revision, and does not constitute final agency action. Thus, the

sanctions process described above does not commence with today's

action.

Also, 40 CFR 51.448(b) of the federal transportation conformity

rules currently state that if the EPA disapproves a submitted control

strategy implementation plan revision which initiates the sanction

process under section 179 of the Act, the conformity status of the

transportation plan and transportation improvement program shall lapse

120 days after the EPA's final disapproval without a protective

finding, and no new project-level conformity determinations may be

made. Furthermore, no new transportation plan, Transportation

Improvement Program, or projects may be found to conform, until another

control strategy implementation plan revision fulfilling the same Clean

Air Act requirements is submitted, found complete, and conformity to

this submission is determined.

The timeframe for the conformity lapse, which, as discussed above,

is 120 days after the effective date of EPA's final disapproval action,

could be changed by a revision to EPA's conformity rule. On July 9,

1996, EPA published (61 FR 36112) a proposed rule which would modify

the Transportation Conformity rule. A key provision contained in the

proposal was a change in the penalty that occurs 120 days after a final

disapproval action. Instead of a lapse, a less punitive conformity

freeze was proposed to occur in 120 days. In EPA's proposed conformity

rule revision, the more restrictive lapse would be imposed 2 years

after a final disapproval action. Therefore, if the conformity rule is

finalized as proposed, the conformity lapse will take place 2 years

from the effective date of the final disapproval action, and a freeze

would be imposed in the period between 120 days and 2 years following

the effective date of this

[[Page 41004]]

action. Louisiana will ultimately be subject to the provisions

contained in EPA's final conformity rule.

Nothing in today's action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

The Regional Administrators' decision to approve or disapprove the

SIP revision will be based on whether it meets the requirements of

section 110(a)(2)(A)-(K) and part D of the Act, as amended, and EPA

regulations in 40 CFR part 51.

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 proposed disapproval of the State request under section

110 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 disapproval. Federal

disapproval of the state submittal does not affect its state-

enforceability. Moreover, EPA's disapproval of the submittal does not

impose any new Federal requirements. Therefore, EPA certifies that this

disapproval action does not have a significant impact on a substantial

number of small entities because it does not remove existing

requirements and does not 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.

This Federal action imposes no new requirements.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Nitrogen dioxide, Ozone.

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

Dated: July 21, 1997.

Lynda F. Carroll,

Acting Regional Administrator.

[FR Doc. 97-20179 Filed 7-30-97; 8:45 am]

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