95-22162. Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Louisiana; Approval of the Maintenance Plan for St. James Parish; Redesignation of St. James Parish to Attainment  

  • [Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
    [Rules and Regulations]
    [Pages 47280-47285]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-22162]
    
    
    
    -----------------------------------------------------------------------
    
    
    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Parts 52 and 81
    
    [LA-28-1-7053a, FRL-5292-6]
    
    
    Approval and Promulgation of Implementation Plans and Designation 
    of Areas for Air Quality Planning Purposes; State of Louisiana; 
    Approval of the Maintenance Plan for St. James Parish; Redesignation of 
    St. James Parish to Attainment
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: On December 15, 1994, the State of Louisiana submitted a 
    revised maintenance plan and request to redesignate the St. James 
    Parish ozone nonattainment area to attainment. This maintenance plan 
    and redesignation request was initially submitted to the EPA on May 25, 
    1993. Although the EPA deemed this initial submittal complete on 
    September 10, 1993, certain approvability issues existed. The State of 
    Louisiana addressed these approvability issues and has revised its 
    submissions. Under the Clean Air Act (CAA), nonattainment areas may be 
    redesignated to attainment if sufficient data are available to warrant 
    the redesignation and the area meets the other CAA redesignation 
    requirements. In this action, EPA is approving Louisiana's 
    redesignation request because it meets the maintenance plan and 
    redesignation requirements set forth in the CAA, and EPA is approving 
    the 1990 base year emissions inventory.
        The approved maintenance plan will become a federally enforceable 
    part of the State Implementation Plan (SIP) for Louisiana.
    
    DATES: This action will become effective on November 13, 1995, unless 
    notice is postmarked by October 12, 1995 that someone wishes to submit 
    adverse or critical comments. If the effective date is delayed, timely 
    notice will be published in the Federal Register (FR).
    
    ADDRESSES: Comments should be mailed to Thomas H. Diggs, Chief, Air 
    Planning Section (6PD-L), U.S. EPA Region 6, 1445 Ross Avenue, Dallas, 
    Texas 75202-2733. Copies of the State's petition and other information 
    relevant to this action are available for inspection during normal 
    hours at the following locations:
        U.S. Environmental Protection Agency, Region 6, Air Planning 
    Section (6PD-L), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
        Air and Radiation Docket and Information Center, U.S. Environmental 
    Protection Agency, 401 M Street, SW., Washington, DC 20460. 
    
    [[Page 47281]]
    
        Louisiana Department of Environmental Quality, Office of Air 
    Quality, 7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810.
        Anyone wishing to review this petition at the Regional U.S. EPA 
    office is asked to contact the person below to schedule an appointment 
    24 hours in advance.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Mick Cote, Air Planning Section 
    (6PD-L), U.S. Environmental Protection Agency, Region 6, 1445 Ross 
    Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7219.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The CAA, as amended in 1977, required areas that were designated 
    nonattainment based on a failure to meet the ozone National Ambient Air 
    Quality Standard (NAAQS) to develop SIP's with sufficient control 
    measures to expeditiously attain and maintain the standard. St. James 
    Parish, Louisiana, was designated under section 107 of the 1977 CAA as 
    nonattainment with respect to the ozone NAAQS on September 11, 1978 (40 
    CFR 81.319). In accordance with section 110 of the 1977 CAA, the State 
    of Louisiana submitted an ozone SIP as required by part D on December 
    10, 1979. EPA fully approved this ozone SIP on October 29, 1981 (46 FR 
    53412). The most recent revision to the ozone SIP occurred on May 5, 
    1994, when the EPA approved a SIP revision for the State of Louisiana 
    to correct certain enforceability deficiencies in its volatile organic 
    compound (VOC) rules (59 FR 23164). For purposes of redesignations, the 
    State of Louisiana has an approved ozone SIP for St. James Parish.
        On November 15, 1990, the CAA Amendments of 1990 were enacted (Pub. 
    L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q). The 
    ozone nonattainment designation for St. James Parish continued by 
    operation of law according to section 107(d)(1)(C)(i) of the CAA, as 
    amended in 1990 (See 56 FR 56694, November 6, 1991). Since the State 
    had not yet collected the required three years of ambient air quality 
    data necessary to petition for redesignation to attainment, this parish 
    was designated as unclassifiable-incomplete data for ozone.
        The Louisiana Department of Environmental Quality (LDEQ) more 
    recently has collected ambient monitoring data that show no violations 
    of the ozone NAAQS of .12 parts per million. The State developed a 
    maintenance plan for St. James Parish and solicited public comment. 
    Subsequently, the State of Louisiana submitted a request, through the 
    Governor's office, to redesignate this parish to attainment with 
    respect to the ozone NAAQS. The initial redesignation request for St. 
    James Parish was submitted to the EPA on May 25, 1993. Although this 
    maintenance plan and redesignation request were deemed complete, 
    several approvability issues existed. The State of Louisiana addressed 
    these approvability issues and submitted a revised maintenance plan and 
    redesignation request accordingly. The revised redesignation request 
    for St. James Parish was received on December 15, 1994. This revised 
    redesignation request was accompanied by an ozone maintenance SIP. 
    Please see the technical support document (TSD), located in the 
    official docket, for the detailed air quality monitoring data.
    
    Evaluation Criteria
    
        The 1990 Amendments revised section 107(d)(3)(E) to provide five 
    specific requirements that an area must meet in order to be 
    redesignated from nonattainment to attainment: (1) The area must have 
    attained the applicable NAAQS; (2) the area must meet all applicable 
    requirements under section 110 and part D of the CAA; (3) the area must 
    have a fully approved SIP under section 110(k) of the CAA; (4) the air 
    quality improvement must be permanent and enforceable; and (5) the area 
    must have a fully approved maintenance plan pursuant to section 175A of 
    the CAA. Section 107(d)(3)(D) allows a Governor to initiate the 
    redesignation process for an area to apply for attainment status. 
    Please see EPA's (TSD) for a detailed discussion of these requirements.
    
    (1) Attainment of the NAAQS for Ozone
    
        Attainment of the ozone NAAQS is determined based on the expected 
    number of exceedances in a calendar year. The method for determining 
    attainment of the ozone NAAQS is contained in 40 CFR 50.9 and appendix 
    H to that section. The simplest method by which expected exceedances 
    are calculated is by averaging actual exceedances at each monitoring 
    site over a three year period. An area is in attainment of the standard 
    if this average results in expected exceedances for each monitoring 
    site of 1.0 or less per calendar year. When a valid daily maximum 
    hourly average value is not available for each required monitoring day 
    during the year, the missing days must be accounted for when estimating 
    exceedances for the year. Appendix H provides the formula used to 
    estimate the expected number of exceedances for each year.
        The State of Louisiana's request is based on an analysis of 
    quality-assured ozone air quality data which is relevant to both the 
    maintenance plan and to the redesignation request. The data come from 
    the State and Local Air Monitoring Station network. The request is 
    based on ambient air ozone monitoring data collected for more than 
    three consecutive years from January 1, 1989, through December 31, 
    1993. The data clearly show an expected exceedance rate of less than 
    one for this parish.
        In addition to the demonstration discussed above, EPA required 
    completion of air network monitoring requirements set forth in 40 CFR 
    part 58. This included a quality assurance plan revision and a 
    monitoring network review to determine the adequacy of the ozone 
    monitoring network. The LDEQ fulfilled these requirements to complete 
    documentation for the air quality demonstration. The LDEQ has also 
    committed to continue monitoring in St. James Parish in accordance with 
    40 CFR part 58.
        In summary, EPA believes that the data submitted by the LDEQ 
    provides an adequate demonstration that St. James Parish attained the 
    ozone NAAQS. Moreover, the monitoring data continue to show attainment 
    to date.
        If the monitoring data records a violation of the ozone NAAQS 
    before the direct final action is effective, the direct final approval 
    of the redesignation will be withdrawn and a proposed disapproval 
    substituted for the direct final approval.
    
    (2) Section 110 Requirements
    
        For purposes of redesignation, to meet the requirement that the SIP 
    contain all applicable requirements under the CAA, EPA has reviewed the 
    SIP to ensure that it contains all measures that were due under the CAA 
    prior to or at the time the State submitted its redesignation request, 
    as set forth in EPA policy. EPA interprets section 107(d)(3)(E)(v) of 
    the CAA to mean that, for a redesignation request to be approved, the 
    State must have met all requirements that applied to the subject area 
    prior to or at the same time as the submission of a complete 
    redesignation request. Requirements of the CAA that come due 
    subsequently continue to be applicable to the area at later dates (see 
    section 175A(c)) and, if redesignation of any of the areas is 
    disapproved, the State remains obligated to fulfill those requirements. 
    These requirements are discussed in the following EPA documents: 
    ``Procedures for Processing Requests to Redesignate Areas to 
    Attainment,'' John Calcagni, 
    
    [[Page 47282]]
    Director, Air Quality Management Division, September 4, 1992, ``State 
    Implementation Plan (SIP) Actions Submitted in Response to Clean Air 
    Act (CAA) Deadlines,'' John Calcagni, Director, Air Quality Management 
    Division, October 28, 1992, and ``State Implementation Plan (SIP) 
    Requirements for Areas Submitting Requests for Redesignation to 
    Attainment of the Ozone and Carbon Monoxide (CO) National Ambient Air 
    Quality Standards (NAAQS) on or after November 15, 1992,'' Michael H. 
    Shapiro, Acting Assistant Administrator, September 17, 1993.
        EPA has analyzed the Louisiana SIP and determined that it is 
    consistent with the requirements of amended section 110(a)(2). The SIP 
    contains enforceable emission limitations; requires monitoring, 
    compiling, and analyzing ambient air quality data; requires 
    preconstruction review of new major stationary sources and major 
    modifications to existing ones; provides for adequate funding, staff, 
    and associated resources necessary to implement its requirements; and 
    requires stationary source emissions monitoring and reporting.
    
    (3) Part D Requirements
    
        Before St. James Parish can be redesignated to attainment, the 
    Louisiana SIP must have fulfilled the applicable requirements of part D 
    of the CAA. Under part D, an area's classification indicates the 
    requirements to which it will be subject. Subpart 1 of part D sets 
    forth the basic nonattainment requirements applicable to all 
    nonattainment areas, classified as well as nonclassifiable. Subpart 2 
    of part D establishes additional requirements for nonattainment areas 
    classified under table 1 of section 181(a)(1). Since St. James Parish 
    is considered nonclassifiable, the State is only required to meet the 
    applicable requirements of subpart 1 of part D--specifically sections 
    172(c) and 176. As long as EPA did not determine that any of the 
    pertinent section 172(c) requirements were applicable prior to the 
    submission of these redesignation requests in 1993, none of these 
    requirements are applicable for purposes of this redesignation action.
        Section 176(c) of the CAA requires States to revise their SIP's to 
    establish criteria and procedures to ensure that Federal actions, 
    before they are taken, conform to the air quality planning goals in the 
    applicable State SIP. The requirement to determine conformity applies 
    to transportation plans, programs and projects developed, funded, or 
    approved under title 23 U.S.C. or the Federal Transit Act 
    (``transportation conformity''), as well as to all other Federal 
    actions (``general conformity'').
        Section 176 further provides that the conformity revisions to be 
    submitted by the States must be consistent with Federal conformity 
    regulations that the CAA required EPA to promulgate. Congress provided 
    for the State revisions to be submitted one year after the date for 
    promulgation of final EPA conformity regulations. When that date passed 
    without such promulgation, EPA's General Preamble for the 
    implementation of title I informed the State that its conformity 
    regulations would establish a submittal date (see 57 FR 13498, 13557 
    (April 16, 1992)). The EPA promulgated final transportation conformity 
    regulations on November 24, 1993 (58 FR 62118) and general conformity 
    regulations on November 30, 1993 (58 FR 63214). These conformity rules 
    require that States adopt both transportation and general conformity 
    provisions in the SIP for areas designated nonattainment or subject to 
    a maintenance plan approved under CAA section 175A.
        Pursuant to 40 CFR 51.396 of the transportation conformity rule and 
    40 CFR 51.851 of the general conformity rule, the State of Louisiana 
    was required to submit a SIP revision containing transportation 
    conformity criteria and procedures consistent with those established in 
    the Federal rule by November 25, 1994. Similarly, Louisiana was 
    required to submit a SIP revision containing general conformity 
    criteria and procedures consistent with those established in the 
    Federal rule by December 1, 1994. Louisiana submitted both its 
    transportation and general conformity rules to EPA on November 10, 
    1994. As these requirements did not come due until after the original 
    submission date of this redesignation request, these conformity rule 
    submissions need not be approved prior to taking action on this 
    redesignation request.
    (4) Fully Approved SIP
    
        The EPA finds that the State of Louisiana has a fully approved SIP 
    for St. James Parish for the purposes of redesignating the parish to 
    attainment for ozone.
    
    (5) Permanent and Enforceable Measures
    
        Under the CAA, EPA approved Louisiana's SIP control strategy for 
    St. James Parish, satisfied that the rules and the emission reductions 
    achieved as a result of those rules were enforceable. Several Federal 
    and Statewide rules are in place which have significantly improved the 
    ambient air quality in this parish. Existing Federal programs, such as 
    the Federal Motor Vehicle Control Program and the Reid Vapor Pressure 
    (RVP) limit of 7.8 pounds per square inch for gasoline, will not be 
    lifted upon redesignation. These programs will counteract emissions 
    growth as the parish experiences economic growth over the life of the 
    maintenance plan.
        The State adopted VOC rules such as oil/water separation; 
    degreasing and solvent clean-up processes; surface coating rules for 
    large appliances, furniture, coils, paper, fabric, vinyl, cans, 
    miscellaneous metal parts and products, and factory surface coating of 
    flat wood paneling; solvent-using rules for graphic arts, and 
    miscellaneous industrial source rules such as for cutback asphalt. The 
    applicable reasonably available control technology (RACT) rules will 
    also remain in place in St. James Parish. In addition, the State 
    permits program, the prevention of significant deterioration (PSD) 
    permits program, and the Federal Operating Permits program will help 
    counteract emissions growth.
        The EPA finds that the combination of existing EPA-approved SIP and 
    Federal measures ensure the permanence and enforceability of reductions 
    in ambient ozone levels that have allowed the area to attain the NAAQS.
    
    (6) Fully Approved Maintenance Plan Under Section 175A
    
        In today's document, EPA is approving the State's maintenance plan 
    for St. James Parish because EPA finds that the LDEQ's submittal meets 
    the requirements of section 175A. Thus, this parish will have a fully 
    approved maintenance plan in accordance with section 175A as of the 
    effective date of this redesignation. Section 175A of the CAA sets 
    forth the elements of a maintenance plan for areas seeking 
    redesignation from nonattainment to attainment. The plan must 
    demonstrate continued attainment of the applicable NAAQS for at least 
    ten years after the Regional Administrator approves a redesignation to 
    attainment. Eight years after the redesignation, the State must submit 
    a revised maintenance plan which demonstrates that attainment will 
    continue to be maintained for the ten years following the initial ten-
    year period. To provide for the possibility of future NAAQS violations, 
    the maintenance plan must contain contingency measures, with a schedule 
    for implementation, adequate to assure prompt correction of any air 
    quality problems. Each of the section 175A plan requirements is 
    discussed below. 
    
    [[Page 47283]]
    
    
    Demonstration of Maintenance
    
        The requirements for an area to redesignate to attainment are 
    discussed in the memorandum entitled ``Procedures for Processing 
    Requests to Redesignate Areas to Attainment,'' John Calcagni, Director, 
    Air Quality Management Division, September 4, 1992 (Calcagni memo). One 
    aspect of a complete maintenance demonstration discussed in the 
    Calcagni memo is the requirement to develop an emissions inventory from 
    one of the three years during which the area has demonstrated 
    attainment. This inventory should include VOC's, oxides of nitrogen 
    (NOX), and carbon monoxide (CO) emissions from the area in tons 
    per day measurements.
    
    Attainment Inventory
    
        The LDEQ adopted a comprehensive inventory of VOC, NOX, and CO 
    emissions from area, stationary, and mobile sources using 1990 as the 
    base year to demonstrate maintenance of the ozone NAAQS. EPA has 
    determined that 1990 is an appropriate year on which to base attainment 
    level emissions because EPA policy allows States to select any one of 
    the three years in the attainment period as the attainment year 
    inventory. The State's submittal contains the detailed inventory data 
    and summary by source category.
        The LDEQ provided the stationary source estimates for each company 
    meeting the emissions criteria by requiring the submission of complete 
    emissions inventory questionnaires which had been designed to obtain 
    site-specific data. The LDEQ generated area source emissions for each 
    source category based on EPA's ``Procedures for the Preparation of 
    Emissions Inventories for Precursors of Carbon Monoxide and Ozone, 
    Volume I'', and the EPA document entitled ``Compilation of Air 
    Pollutant Emission Factors.'' The nonroad mobile source inventory was 
    developed using methodology recommended in EPA's ``Procedures for 
    Emission Inventory Preparation. Volume IV: Mobile Sources.'' Additional 
    data was provided with reference to an EPA-sponsored study entitled 
    ``Nonroad Engine Emission Inventories for CO and Ozone Nonattainment 
    Boundaries.'' Onroad emissions of VOC, NOX, and CO were calculated 
    on a county-wide basis using EPA's MOBILE5a computer model. Growth 
    projections were derived from the United States Department of Commerce, 
    Bureau of Economic Analysis statistics. These projections represent 
    growth for Louisiana for each emission source category.
        The following table is a summary of the revised average peak ozone 
    season weekday VOC and NOX emissions for the major anthropogenic 
    source categories for the 1990 attainment year inventory.
    
                                St. James Parish                            
                                 [Tons per day]                             
    ------------------------------------------------------------------------
                                     1990       1995       2000       2005  
    ------------------------------------------------------------------------
    Point Source CO.............       2.39       2.37       2.37       2.34
    Point Source VOC............       8.44       8.42       8.49       8.32
    Point Source NOX............      40.21      39.88      39.95      39.51
    Area Source CO..............        .25        .25        .26        .26
    Area Source VOC.............       1.19       1.19       1.22       1.22
    Area Source NOX.............        .10        .10        .10        .10
    Nonroad Source CO...........       6.54       6.56       6.68       6.70
    Nonroad Source VOC..........       2.09       1.51       1.54       1.55
    Nonroad Source NOX..........       3.83       3.84       3.91       3.92
    Onroad Source CO............      17.30      13.83      11.13       9.81
    Onroad Source VOC...........       2.09       1.58       1.41       1.35
    Onroad Source NOX...........       3.42       3.06       2.81       2.71
                                 -------------------------------------------
        Total CO................      26.48      23.01      20.44      19.11
                                 ===========================================
        Total VOC...............      13.81      12.70      12.66      12.44
                                 ===========================================
        Total NOX...............      47.56      46.88      46.77      46.24
    ------------------------------------------------------------------------
    
        The attainment inventory submitted by the LDEQ for St. James Parish 
    meets the redesignation requirements as discussed in the Calcagni memo. 
    Therefore, the EPA is today approving the emissions inventory component 
    of the maintenance plan for St. James Parish.
    
    Continued Attainment
    
        Continued attainment of the ozone NAAQS in St. James Parish will 
    depend, in part, on the Federal and State control measures discussed 
    previously. However, the ambient air monitoring site will remain active 
    at its present location during the maintenance period. These data will 
    be quality assured and submitted to the Aerometric Information and 
    Retrieval System (AIRS) on a monthly basis. Certain monitored ozone 
    levels will provide the basis for triggering measures contained in the 
    contingency plan. Additionally, as discussed above, during year 8 of 
    the maintenance period, the LDEQ is required to submit a revised plan 
    to provide for maintenance of the ozone standard in this parish for the 
    next ten years.
    
    Contingency Plan
    
        Section 175A of the CAA requires that a maintenance plan include 
    contingency provisions, as necessary, to promptly correct any violation 
    of the NAAQS that occurs after redesignation of the area to attainment. 
    The contingency plan should clearly identify the measures to be 
    adopted, a schedule and procedure for adoption and implementation, and 
    a specific time limit for action by the State. The State should also 
    identify specific triggers which will be used to determine when the 
    measures need to be implemented.
        The LDEQ has selected VOC offsets and new Control Techniques 
    Guidelines (CTG) or Alternative Control Technology (ACT) rule 
    implementation as its contingency measures. At any time during the 
    maintenance period, if St. James Parish records a second exceedance of 
    the ozone NAAQS within any consecutive three-year period (a level below 
    the NAAQS), the LDEQ will promulgate a rule change to implement 
    
    [[Page 47284]]
    VOC offsets in this parish. This rule will be submitted to EPA within 9 
    months of the second exceedance. Implementation will occur if a third 
    exceedance of the ozone standard is recorded during any consecutive 3 
    year period.
        Should St. James Parish experience a third exceedance of the ozone 
    standard during any consecutive 3 year period, the LDEQ will promulgate 
    a rule revision to place new CTG and ACT VOC rules (where applicable) 
    in the parish. These rules will be submitted to the EPA within 9 months 
    of the third exceedance. Implementation will occur if a violation of 
    the ozone standard is recorded during any consecutive 3 year period. 
    These contingency measures and schedules for implementation satisfy the 
    requirements of section 175A(d).
    Final Action
    
        The EPA has evaluated the State's redesignation request for St. 
    James Parish, Louisiana, for consistency with the CAA, EPA regulations, 
    and EPA policy. The EPA believes that the redesignation request and 
    monitoring data demonstrate that this parish has attained the ozone 
    standard. In addition, the EPA has determined that the redesignation 
    request meets the requirements and policy set forth in the General 
    Preamble and policy memorandum discussed in this notice for area 
    redesignations, and today is approving Louisiana's redesignation 
    request for St. James Parish.
        The EPA is publishing this action without prior proposal because 
    the EPA views this as a noncontroversial amendment and anticipates no 
    adverse comments. However, in a separate document in this Federal 
    Register publication, the EPA is proposing to approve the SIP revision 
    should adverse or critical comments be filed. This action will be 
    effective on November 13, 1995, unless adverse or critical comments are 
    received by October 12, 1995. If the EPA receives such comments, this 
    action will be withdrawn before the effective date by publishing a 
    subsequent document that will withdraw the final action. All public 
    comments received will then be addressed in a subsequent final rule 
    based on this action serving as a proposed rule. The EPA will not 
    institute a second comment period on this action. Any parties 
    interested in commenting on this action should do so at this time. If 
    no such comments are received on this action, the public is advised 
    that this action will be effective November 13, 1995.
        The EPA has reviewed this redesignation request for conformance 
    with the provisions of the CAA and has determined that this action 
    conforms to those 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, under 5 U.S.C. 605(b), the EPA may certify that the rule 
    will not have a significant impact on a substantial number of small 
    entities (see 46 FR 8709). Small entities include small businesses, 
    small not-for-profit enterprises, and governmental entities with 
    jurisdiction over populations of less than 50,000.
        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 November 13, 1995. Filing a petition for 
    reconsideration of this final rule by the Regional Administrator does 
    not affect the finality of this rule for purposes of judicial review; 
    nor does it extend the time within which a petition for judicial review 
    may be filed, or postpone the effectiveness of this rule. This action 
    may not be challenged later in proceedings to enforce its requirements 
    (see section 307(b)(2)).
        Nothing in this action shall be construed as permitting, allowing, 
    or establishing a precedent for any future request for a revision to 
    any SIP. Each request for revision to the SIP shall be considered 
    separately in light of specific technical, economic, and environmental 
    factors and in relation to relevant statutory and regulatory 
    requirements.
        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 small entities. 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 EPA from 
    basing 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. section 
    7410(a)(2). The Office of Management and Budget has exempted this 
    action from review under Executive Order 12866.
    
    Unfunded Mandates
    
        Under sections 202, 203, and 205 of the Unfunded Mandates Reform 
    Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
    1995, EPA must undertake various actions in association with proposed 
    or final rules that include a Federal mandate that may result in 
    estimated costs of $100 million or more to the private sector, or to 
    State, local, or tribal governments in the aggregate.
        Through submission of this SIP or plan revision approved in this 
    action, the State and any affected local or tribal governments have 
    elected to adopt the program provided for under section 175A of the 
    Clean Air Act. The rules and commitments approved in this action may 
    bind State, local, and tribal governments to perform certain actions 
    and also require the private sector to perform certain duties. To the 
    extent that the rules and commitments being approved by this action 
    will impose or lead to the imposition of any mandate upon the State, 
    local, or tribal governments, either as the owner or operator of a 
    source or as a regulator, or would impose or lead to the imposition of 
    any mandate upon the private sector, EPA's action will impose no new 
    requirements; such sources are already subject to these requirements 
    under State law. Accordingly, no additional costs to State, local, or 
    tribal governments, or to the private sector, result from this action. 
    Therefore, EPA has determined that this final action does not include a 
    mandate that may result in estimated costs of $100 million or more to 
    State, local, or tribal governments in the aggregate or to the private 
    sector.
    Table 3 SIP Actions Exempt From OMB Review
    
        This action has been classified as a Table 3 action for signature 
    by the Regional Administrator under the procedures published in the 
    Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
    July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
    for Air and Radiation. The Office of Management and Budget has exempted 
    this regulatory action from Executive Order 12866 review.
    
    List of Subjects in 40 CFR Parts 52 and 81
    
        Environmental protection, Air pollution control, Area designations, 
    Hydrocarbons, Incorporation by reference, Intergovernmental 
    regulations, National Parks, Reporting and recordkeeping, Ozone, 
    Volatile organic compounds, Wilderness areas.
    
    
    [[Page 47285]]
    
        Dated: August 24, 1995.
    A. Stanley Meiburg,
    Acting Regional Administrator (6RA).
        40 CFR parts 52 and 81 are 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 52.975 is amended by designating the existing text as 
    paragraph (a) and by adding paragraph (b) to read as follows:
    
    
    Sec. 52.975   Redesignations and maintenance plans: ozone.
    
    * * * * *
        (b) Approval--The Louisiana Department of Environmental Quality 
    (LDEQ) submitted a redesignation request and maintenance plan for St. 
    James Parish on May 25, 1993. The EPA deemed this request complete on 
    September 10, 1993. Several approvability issues existed, however. The 
    LDEQ addressed these approvability issues in a supplemental ozone 
    redesignation request and revised maintenance plan. This supplemental 
    submittal was received for St. James Parish on December 15, 1994. The 
    redesignation request and maintenance plan meet the redesignation 
    requirements in section 107(d)(3)(E) of the Act as amended in 1990. The 
    redesignation meets the Federal requirements of section 182(a)(1) of 
    the Clean Air Act as a revision to the Louisiana ozone State 
    Implementation Plan for this parish. The EPA therefore approved the 
    request for redesignation to attainment with respect to ozone for St. 
    James Parish on November 13, 1995.
    
    PART 81--[AMENDED]
    
        1. The authority citation for part 81 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7671q.
    
        2. In Sec. 81.319, the ozone table is amended by revising the entry 
    for St. James Parish to read as follows:
    
    
    Sec. 81.319  Louisiana.
    
    * * * * *
    
                                                                        Louisiana--Ozone                                                                    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Designation                                         Classification                   
                   Designated area               -----------------------------------------------------------------------------------------------------------
                                                           Date \1\                     Type                     Date \1\                     Type          
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    St. James Parish............................  November 13, 1995........  Attainment...............                                                      
                                                                                                                                                            
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    1 This date is November 15, 1990, unless otherwise noted.                                                                                               
    
    * * * * *
    [FR Doc. 95-22162 Filed 9-11-95; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
11/13/1995
Published:
09/12/1995
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
95-22162
Dates:
This action will become effective on November 13, 1995, unless notice is postmarked by October 12, 1995 that someone wishes to submit adverse or critical comments. If the effective date is delayed, timely notice will be published in the Federal Register (FR).
Pages:
47280-47285 (6 pages)
Docket Numbers:
LA-28-1-7053a, FRL-5292-6
PDF File:
95-22162.pdf
CFR: (2)
40 CFR 52.975
40 CFR 81.319