Approval and Promulgation of Implementation Plans; Louisiana; 2006 Low Enhanced Vehicle Inspection/Maintenance (I/M) Program, 66113-66116 [E6-19020]
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Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Rules and Regulations
(49 U.S.C. 4321, et seq.) because it is not
a major Federal action significantly
affecting the quality of the human
environment.
PART 401—SEAWAY REGULATIONS
AND RULES
Federalism
I
The Corporation has analyzed this
final rule under the principles and
criteria in Executive Order 13132, dated
August 4, 1999, and has determined that
this rule does not have sufficient
federalism implications to warrant a
Federalism Assessment.
Subpart B—[Amended]
1. The authority citation for part 401
continues to read as follows:
Authority: 33 U.S.C. 983(a) and 984(a)(4),
as amended; 49 CFR 1.52, unless otherwise
noted.
§ 401.102
[Amended]
Unfunded Mandates
The Corporation has analyzed this
final rule under Title II of the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4, 109 Stat. 48) and determined that
it does not impose unfunded mandates
on State, local, and tribal governments
and the private sector requiring a
written statement of economic and
regulatory alternatives.
2. Paragraph (a) of § 401.102 is
amended by removing the number
‘‘$31,625’’ and adding, in its place, the
number ‘‘$36,625’’.
Issued at Washington, DC, on November 7,
2006.
Saint Lawrence Seaway Development
Corporation.
Collister Johnson, Jr.,
Administrator.
[FR Doc. E6–19052 Filed 11–9–06; 8:45 am]
I
BILLING CODE 4910–61–P
Paperwork Reduction Act
This final rule has been analyzed
under the Paperwork Reduction Act of
1995 and does not contain new or
modified information collection
requirements subject to the Office of
Management and Budget review.
ENVIRONMENTAL PROTECTION
AGENCY
Notice and Public Comment
Approval and Promulgation of
Implementation Plans; Louisiana; 2006
Low Enhanced Vehicle Inspection/
Maintenance (I/M) Program
Notice and an opportunity for public
comment under the Administrative
Procedure Act (APA) (5 U.S.C. 553) are
waived. The APA provides an exception
to the notice and comment procedures
when an agency finds there is good
cause for dispensing with those
procedures because they are
impracticable, unnecessary, or contrary
to the public interest. The Corporation
has determined under 5 U.S.C. 553
(b)(3) that good cause exists for
dispensing with the notice of proposed
rulemaking and public comment
procedures for this rule. Specifically,
this rulemaking comports with the
statutory authority in the Act with no
issues of policy discretion. Accordingly,
the Corporation finds that the
opportunity for prior comment is
unnecessary and contrary to the public
interest and is issuing this revised
regulation as a final rule that will apply
to all future cases under this authority.
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List of Subjects in 33 CFR Part 401
Hazardous materials transportation,
Navigation (water), Penalties, Radio,
Reporting and recordkeeping
requirements, Vessels, Waterways.
I Accordingly, the Saint Lawrence
Seaway Development Corporation is
amending 33 CFR Part chapter IV as
follows:
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40 CFR Part 52
[EPA–R06–OAR–2006–0456; FRL–8241–2]
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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 OnBoard 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: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
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• U.S. EPA Region 6 ‘‘Contact Us’’
Web site: https://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
https://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.
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66114
Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Rules and Regulations
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:
rennie.sandra@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
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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
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15:06 Nov 09, 2006
Jkt 211001
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
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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.
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Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Rules and Regulations
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.
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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
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15:06 Nov 09, 2006
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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
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66115
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.
40 CFR part 52 is amended as follows:
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart T—Louisiana
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:
I
§ 52.970
*
Identification of plan.
*
*
(c) * * *
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Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Rules and Regulations
EPA APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP
State citation
Title/subject
*
*
*
*
*
*
Section 819 ...............................
*
*
*
*
Subchapter C. Vehicle Emission Inspection and Maintenance Program
*
Anti-tampering and Inspection
and Maintenance Parameters.
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R06–RCRA–2006–0914; FRL–8241–3]
Louisiana: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
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AGENCY:
SUMMARY: Louisiana has applied to the
EPA for final authorization of the
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). The EPA has
determined that these changes satisfy all
requirements needed to qualify for final
authorization, and is authorizing the
State’s changes through this immediate
final action. The EPA is publishing this
rule to authorize the changes without a
prior proposal because we believe this
action is not controversial and do not
expect comments that oppose it. Unless
we receive written comments which
oppose this authorization during the
comment period, the decision to
authorize Louisiana’s changes to its
hazardous waste program will take
effect. If we receive comments that
oppose this action, we will publish a
document in the Federal Register
withdrawing this rule before it takes
effect, and a separate document in the
proposed rules section of this Federal
Register will serve as a proposal to
authorize the changes.
DATES: This final authorization will
become effective on January 12, 2007
unless the EPA receives adverse written
comment by December 13, 2006. If the
EPA receives such comment, it will
publish a timely withdrawal of this
16:11 Nov 09, 2006
EPA approval date
*
*
*
*
LAC Title 55. Part III. Motor Vehicles, Chapter 8. Motor Vehicle Inspections
[FR Doc. E6–19020 Filed 11–9–06; 8:45 am]
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May 5, 2006 ............................
*
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November 13, 2006, [Insert
Federal Register page
number].
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immediate final rule in the Federal
Register and inform the public that this
authorization will not take effect.
ADDRESSES: Submit your comments by
one of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. E-mail: patterson.alima@epa.gov.
3. Mail: Alima Patterson, Region 6,
Regional Authorization Coordinator,
State/Tribal Oversight Section (6PD–O),
Multimedia Planning and Permitting
Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202–2733.
4. Hand Delivery or Courier. Deliver
your comments to Alima Patterson,
Region 6, Regional Authorization
Coordinator, State/Tribal Oversight
Section (6PD–O), Multimedia Planning
and Permitting Division, EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202–
2733.
Instructions: Do not submit
information that you consider to be CBI
or otherwise protected through
regulations.gov, or e-mail. The Federal
regulations.gov Web site is an
‘‘anonymous access’’ system, which
means the 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 the EPA without
going through regulations.gov, your email 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, the 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 the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. Electronic files should
avoid the use of special characters, any
Comments
form of encryption, and be free of any
defects or viruses. You can view and
copy Louisiana’s application and
associated publicly available materials
from 8:30 a.m. to 4 p.m. Monday
through Friday at the following
locations: Louisiana Department of
Environmental Quality, 602 N. Fifth
Street, Baton Rouge, Louisiana 70884–
2178, phone number (225) 219–3559
and EPA, Region 6, 1445 Ross Avenue,
Dallas, Texas 75202–2733, phone
number (214) 665–8533. Interested
persons wanting to examine these
documents should make an
appointment with the office at least two
weeks in advance.
FOR FURTHER INFORMATION CONTACT:
Alima Patterson, Region 6 Regional
Authorization Coordinator, State/Tribal
Oversight Section (6PD–O), Multimedia
Planning and Permitting Division, (214)
665–8533), EPA Region, 1145 Ross
Avenue, Dallas, Texas 75202–2733, and
E-mail address
patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State
Programs Necessary?
States which have received final
authorization from the EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, States must change their
programs and ask the EPA to authorize
the changes. Changes to State programs
may be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, States must
change their programs because of
changes to the EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 266, 268, 270, 273, and
279.
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]]>Agencies
[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Rules and Regulations]
[Pages 66113-66116]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
U.S. EPA Region 6 ``Contact Us'' Web site: https://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 https://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: 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
----------------------------------------------------------------------------------------------------------------
State submittal/
State citation Title/subject approval date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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
