[Federal Register Volume 60, Number 4 (Friday, January 6, 1995)]
[Rules and Regulations]
[Pages 2014-2016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-290]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[LA-13-1-6389; FRL-5125-8]
Approval and Promulgation of Implementation Plan: Louisiana
Emission Statement
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This action approves a revision to the Louisiana State
Implementation Plan (SIP) to include revisions to the Louisiana
Department of Environmental Quality (LDEQ) Regulation Title 33, Part
III, Chapter 9, General Regulations on Control of Emissions and
Emission Standards, Section 919, Emission Inventory. These revisions
are for the purpose of implementing an emission statement program for
stationary sources within the ozone nonattainment areas. The
implementation plan was submitted by the State to satisfy the Federal
requirements for an emission statement program as part of the SIP for
Louisiana.
EFFECTIVE DATE: This final rule is effective on February 6, 1995.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
following locations. Interested persons wanting to examine these
documents should make an appointment with the appropriate office at
least 24 hours before the visiting day.
U.S. Environmental Protection Agency, Region 6, Air Programs Branch
(6T-AP), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733
U.S. Environmental Protection Agency, Air and Radiation Docket and
Information Center, 401 M Street, SW., Washington, DC 20460
Louisiana Department of Environmental Quality, Air Quality Division,
7290 Bluebonnet, Baton Rouge, Louisiana 70810.
FOR FURTHER INFORMATION CONTACT: Mr. Herbert R. Sherrow, Jr., Planning
Section (6T-AP), Air Programs Branch, USEPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, Telephone (214) 655-7237.
SUPPLEMENTARY INFORMATION:
Background
The air quality planning and SIP requirements for ozone
nonattainment and transport areas are set out in subparts I and II of
part D of title I of the Clean Air Act (CAA or ``the Act''),
[[Page 2015]] as amended by the Clean Air Act Amendments (CAAA) of
1990. The EPA has published a ``General Preamble'' describing the EPA's
preliminary views on how the EPA intends to review SIPs and SIP
revisions submitted under title I of the CAA, including those State
submittals for ozone transport areas within the States (see 57 FR 13498
(April 16, 1992) (``SIP: General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990''), 57 FR 18070 (April
28, 1992) (``Appendices to the General Preamble''), and 57 FR 55620
(November 25, 1992) (``SIP: NOX Supplement to the General
Preamble'')).
The EPA has also issued a draft guidance document describing the
requirements for the emission statement programs discussed in this
document, entitled ``Guidance on the Implementation of an Emission
Statement Program'' (July 1992).
Section 182 of the Act sets out a graduated control program for
ozone nonattainment areas. Section 182(a) sets out requirements
applicable in marginal nonattainment areas, which are also made
applicable in subsections (b), (c), (d), and (e) to all other ozone
nonattainment areas. Among the requirements in section 182(a) is a
program in paragraph (3) of that subsection for stationary sources to
prepare and submit to the State each year emission statements showing
actual emissions of volatile organic compounds (VOC) and nitrogen
oxides (NOX). This paragraph provides that the States are to
submit a revision to their SIPs by November 15, 1992, establishing this
emission statement program.
The State passed an emergency regulation after following all
applicable State Administrative Procedures Act requirements for
submittal to the EPA by November 15, 1992, to satisfy CAA requirements.
The State subsequently entered into State rulemaking for a permanent
regulation. It was submitted to public hearing on December 20, 1992.
The State addressed public comments and made minor adjustments.
Following the public hearing, the final rule was adopted by the State
and submitted to the EPA as a proposed revision to the SIP on March
3,1993. The permanent emission statement regulations were then codified
at LAC 33:III.919.
Technical Correction
In reviewing the State's submitted permanent regulation, technical
errors were discovered in subsections B.2.a. and B.2.d. Subsection
B.2.a. contains a reference to subsection B.2.d., when it should refer
to subsection B.2.c. Subsection B.2.d. omitted a reference to
subsection B.2.c. The State prepared a technical correction to the rule
and submitted the revised rule to public hearing. Following the public
hearing, the rule was adopted by the State on October 20, 1994. On
November 15, 1994, the State submitted documentation to the EPA
substantiating that the technical correction had been adopted.
Response to Comments
The EPA proposed approval of the Louisiana emission statement
regulations on April 7, 1994 (59 FR 16582-16585), and no comments were
received regarding the proposed approval.
Final Action
In today's action, the EPA is approving the Louisiana emission
statement program SIP submittal.
The analysis of the Louisiana regulation shows that it adequately
addresses all components of an emission statement program.
In addition, the State has agreed to provide the EPA with emission
statement data for the EPA Aerometric Information Retrieval System
through the State's grants commitments and to provide status reports.
The EPA has reviewed this request for revision of the Federally-
approved SIP for conformance with the provisions of the CAAA of
November 15, 1990. The EPA has determined that this action conforms
with those requirements.
This final action on the Louisiana emission statement SIP is
unchanged from the April 7, 1994, proposed approval action with the
exception of the State's confirmation of adoption of the corrected
rule. The discussion herein provides only a broad overview of the
proposed action that the EPA is now finalizing. The public is referred
to the April 7, 1994, proposed approval Federal Register action for a
full discussion of the action that the EPA is now finalizing.
This action makes final the action proposed at 59 FR 16582 (April
7, 1994). As noted elsewhere in this action, the EPA received no public
comments on the proposed action. As a direct result, the Regional
Administrator has reclassified this action from Table Two to Table
Three under the processing procedures established at 54 FR 2214,
January 19, 1989, and revised via memorandum from the Assistant
Administrator for Air and Radiation to the Regional Administrators
dated October 4, 1993.
Nothing in this action should be construed as permitting, allowing,
or establishing a precedent for any future request for revision to any
SIP. Each request for revision to the SIP shall be considered
separately in light of specific technical, economical, and
environmental factors, and in relation to relevant statutory and
regulatory requirements.
Regulatory Process
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq, the EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, the 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 SIP approvals under section 110 and subchapter I, part D, of
the CAA do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the Federal-State relationship
under the CAA, preparation of a regulatory flexibility analysis would
constitute Federal inquiry into the economic reasonableness of State
action. The CAA forbids the EPA to base its actions concerning SIPs on
such grounds (Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66
(S. Ct. 1976; 42 U.S.C. 7410(a)(2)).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 7, 1995. 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)).
Executive Order 12866
This action has been classified as a Table Three action by the
Regional Administrator under the procedures published in the Federal
Register on January 19, 1989 (54 FR 2214-2225), as revised by an
October 4, 1993, memorandum from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation. The Office of
[[Page 2016]] Management and Budget (OMB) has exempted this action from
review under Executive Order 12866.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Emission
statements, Hydrocarbons, Incorporation by reference, Intergovernmental
relations, Nitrogen oxide, Oxides of nitrogen, SIP requirements,
Volatile organic compounds.
Note: Incorporation by reference of the SIP for the State of
Louisiana was approved by the Director of the Federal Register on
July 1, 1982.
Dated: December 6, 1994.
William B. Hathaway,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart T--Louisiana
2. Section 52.970 is amended by adding paragraph (c)(65) to read as
follows:
Sec. 52.970 Identification of plan.
* * * * *
(c) * * *
(65) Revisions to the Louisiana Department of Environmental Quality
Regulation Title 33, Part III, Chapter 9, Section 919, (February 2,
1993), and a technical correction (October 20, 1994). These revisions
are for the purpose of implementing an emission statement program for
stationary sources within the ozone nonattainment areas.
(i) Incorporation by reference.
(A) Revisions to LAC, title 33, Part III, Chapter 9, General
Regulations on Control of Emissions and Emissions Standards, Section
919, Emission Inventory, adopted in the Louisiana Register, Vol. 19,
No. 2, 184-186, February 20, 1993. All subsections except B.2.a. and
B.2.d.
(B) Revisions to LAC, title 33, Part III, Chapter 9, General
Regulations on Control of Emissions and Emissions standards, Section
919, Emission Inventory, adopted in the Louisiana Register, Vol 20, No.
10, 1102, October 20, 1994. Subsections B.2.a. and B.2.d.
[FR Doc. 95-290 Filed 1-5-95; 8:45 am]
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