[Federal Register Volume 60, Number 194 (Friday, October 6, 1995)]
[Proposed Rules]
[Pages 52352-52357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24940]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[LA-14-1-5941; FRL-5310-1]
Clean Air Act Approval and Promulgation of New Source Review;
Implementation Plan Addressing New Source Review in Nonattainment
Areas; Louisiana; Approval and Promulgation of Air Quality
Implementation Plans; Louisiana Administrative Code (LAC), Title 33,
Environmental Quality, Part III. Air, Chapter 5. Permit Procedures,
Section 504. Nonattainment New Source Review (NSR) Procedures
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA proposes approval of the State Implementation Plan
(SIP) revision, submitted by the State of Louisiana for the purpose of
meeting requirements of the Clean Air Act (Act or CAA), as amended in
1990, with regard to NSR in areas that have not attained the national
ambient air quality standards (NAAQS).
DATES: Comments on this proposed action must be received in writing on
or before November 6, 1995.
ADDRESSEES: Written copies on this action should be addressed to Ms.
Jole C. Luehrs, Chief, Air Permits Section, at the EPA Regional Office
listed below. Copies of the documents relevant to this proposed action
are available for public inspection during normal business hours at the
following locations. The 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, Multimedia Planning and
Permitting Division (6PD), 1445 Ross Avenue, Suite 700, Dallas, Texas
75202-2733
Louisiana Department of Environmental Quality, H. B. Garlock Building,
7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810.
FOR FURTHER INFORMATION CONTACT: Mr. Richard A. Barrett, Air Permits
Section (6PD-R), Multimedia Planning and Permitting Division, U.S. EPA
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214)
665-7227, facsimile (214) 665-2164.
SUPPLEMENTARY INFORMATION:
I. Background
The air quality planning requirements for nonattainment new source
review are set out in part D of Title I of the CAA, as amended in 1990.
The EPA has issued a ``General Preamble'' describing the EPA's
preliminary views on how the EPA intends to review SIPs and SIP
revisions submitted under part D; including those State submittals
containing nonattainment area NSR SIP requirements [see 57 FR 13498
(April 16, 1992) and 57 FR 18070 (April 28, 1992)]. Because the EPA is
describing its interpretations here only in broad terms, the reader
should refer to the General Preamble for a more detailed discussion of
the interpretations of part D advanced in this proposal and the
supporting rationale. The EPA is currently developing a proposed rule
to implement the changes under the 1990 Amendments in the NSR
provisions in parts C and D of Title I of the Act. The EPA anticipates
that the proposed rule will be published for public comment in 1995. If
the EPA has not taken final action on States' NSR submittals by that
time, the EPA will refer to the proposed rule as the most authoritative
guidance available regarding the approvability of the submittals. The
EPA expects to take final action to promulgate a final rule to
implement the parts C and D changes sometime during 1996. Upon
promulgation of those regulations, the EPA will review those NSR SIP
submittals, on which it has taken final action, to determine whether
additional SIP revisions are necessary.
Prior to EPA approval of a State's NSR SIP submission, the State
may continue permitting only in accordance with the new statutory
requirements for permit applications completed after the relevant SIP
submittal date. This policy was explained in transition guidance
memoranda from John Seitz dated March 11, 1991, ``New Source Review
(NSR) Program Transitional Guidance'', and September 3, 1992, ``New
Source Review (NSR) Program Supplemental Transitional Guidance on
Applicability of New Part D NSR Permit Requirements''.
As explained in the memorandum of March 11, 1991, the EPA does not
believe Congress intended to mandate the more stringent Title I NSR
requirements during the time provided for SIP development. States were
thus allowed to continue to permit consistent with requirements in
their current NSR SIPs during that period, or apply 40 CFR part 51,
Appendix S for newly designated areas that did not previously have NSR
SIP requirements.
The September 3, 1992, memorandum also addressed the situation
where States did not submit the part D NSR SIP requirements or
revisions by the applicable statutory deadline. For permit applications
complete by the SIP submittal deadline, States may issue final permits
under the prior NSR rules,
[[Page 52353]]
assuming certain conditions in the September 3 memorandum are met.
However, for applications completed after the SIP submittal deadline,
the EPA will consider the source to be in compliance with the Act where
the source obtains from the State a permit that is consistent with the
substantive new NSR part D provisions in the Act. The EPA believes this
guidance continues to apply to permitting pending final action on NSR
SIP submittals.
II. Proposed Rulemaking Action
A. Procedural Background
The Act requires States to observe certain procedural requirements
in developing implementation plans and plan revisions for submission to
the EPA. Section 110(a)(2) of the Act, 42 U.S.C. 7410(a)(2), provides
that each implementation plan submitted by a State must be adopted
after reasonable notice and public hearing.1 Section 110(l) of the
Act similarly provides that each revision to an implementation plan
submitted by a State under the Act must be adopted by such State after
reasonable notice and public hearing.
\1\ Section 172(c)(7) of the Act provides that plan provisions
for nonattainment areas shall meet the applicable provisions of
Section 110(a)(2).
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After adequate public notice, the State of Louisiana held a public
hearing, on December 30, 1992, to entertain public comment on the NSR
implementation plan, which replaced the emergency rules submitted to
the EPA on November 10, 1992. Following the public hearing, the plan
was adopted by the State on February 20, 1993, and submitted to the EPA
on March 3, 1993, as a proposed revision to the SIP. The State
submitted, to the EPA, revisions for the Louisiana SIP to implement the
NSR requirements of the CAA in nonattainment areas in Louisiana.
Louisiana made the SIP revision to LAC Title 33, Part III, Chapter 5.
Permit Procedures, by the addition of section 504. Nonattainment New
Source Review Procedures. The SIP revision was reviewed by the EPA to
determine administrative completeness shortly after its submittal. The
completeness review was based upon the criteria as set out at 40 CFR
part 51 Appendix V. The submittal was found to be complete on July 10,
1993; and a letter dated August 3, 1993, was forwarded to the Governor
indicating the completeness of the submittal and the next steps to be
taken in the review process. Prior to the EPA acting on these
revisions, the State submitted a notice of adoption and final rule on
Regulation LAC 33:III.Chapter 5, which included and amended section
504, on November 15, 1993, in order to meet the requirements mandated
by sections 173 and 182 of the Act. This proposed rule applies to, and
contains an evaluation of, section 504.
In this action, the EPA proposes approval of the Louisiana
nonattainment NSR SIP rules identified in this notice, and invites
public comment on the action. Those sections submitted to the EPA not
included in the revisions specifically addressed in this proposal will
be the subject of a future rulemaking. In this rulemaking action on the
Louisiana nonattainment NSR SIP, the EPA is proposing to apply its
interpretations, taking into consideration the specific factual issues
presented. Thus, the EPA will consider any timely submitted comments
prior to the EPA's taking final action on this proposed rule.
B. General Nonattainment NSR Requirements
The statutory requirements for nonattainment NSR SIPs and
permitting are found at sections 172 and 173.
The Act requires all States to have submitted, at a minimum, the
following nonattainment NSR provisions by November 15, 1992:
1. Provisions to assure that calculation of emissions offsets, as
required by section 173(a)(1)(A), are based on the same emissions
baseline used in the demonstration of reasonable further progress.
Louisiana has established provisions to satisfy this section pursuant
to sections 504.F.4 and 504.F.5.
2. Provisions to allow, according to section 173(c)(1), offsets to
be obtained in another nonattainment area if: the area in which the
offsets are obtained has an equal or higher nonattainment
classification; and emissions from the nonattainment area, in which the
offsets are obtained, contribute to a National Ambient Air Quality
Standards (NAAQS) violation, in the area in which the source would
construct. Louisiana has established provisions to satisfy this
section, pursuant to section 504.F.9.
3. Provisions to assure, according to section 173(c)(1), that any
emissions offsets, obtained in conjunction with the issuance of a
permit to a new or modified source, must be in effect and enforceable
by the time the new or modified source is to commence operation.
Louisiana has established provisions to satisfy this section pursuant
to section 504.F.3.
4. Provisions to assure that emissions increases, from new or
modified major stationary sources, are offset by real reductions in
actual emissions, as required by section 173(c)(1). Louisiana has
established provisions to satisfy this section pursuant to sections
504.D.3 and 504.F.7.
5. Provisions, according to section 173(c)(2), to prevent emissions
reductions, otherwise required by the Act, from being credited for
purposes of satisfying the part D offset requirements. Louisiana has
established provisions to satisfy this section pursuant to sections
504.F.5. and 504.F.10.
6. Provisions, according to section 173(a)(5), that, as a
prerequisite to issuing any part D permit, require an analysis of
alternative sites, sizes, production processes, and environmental
control techniques for proposed sources that demonstrates that the
benefits of the proposed source significantly outweigh the
environmental and social costs imposed as a result of its location,
construction, or modification. Louisiana has established provisions to
satisfy this section pursuant to section 504.D.6.
7. Provisions, according to section 173(e), that allow any existing
or modified source, that tests rocket engines or motors, to use
alternative or innovative means to offset emissions increases from
firing and related cleaning, if four conditions are met: (a) the
proposed modification is for expansion of a facility already permitted
for such purposes; (b) the source has used all available offsets and
all reasonable means to obtain offsets and sufficient offsets are not
available; (c) the source has obtained a written finding by the
appropriate, sponsoring Federal agency that the testing is essential to
national security; and (d) the source will comply with an alternative
measure designed to offset any emissions increases not directly offset
by the source.
In lieu of imposing any alternative offset measures, the permitting
authority may impose an emission offset amounting to no more than 1.5
times the average cost of stationary control measures adopted in that
area during the previous three years. Louisiana has established
provisions to satisfy this section pursuant to section 504.D.7.
8. Provisions, according to section 173(a)(3), to assure that
owners or operators, of each proposed new or modified major stationary
source, demonstrate that all other major stationary sources, under the
same ownership in the State, are in compliance with the Act. Louisiana
has established provisions to satisfy this section pursuant to section
504.D.1.
9. Provisions, according to section 173(a)(2), to assure that
permits for new and modified major stationary sources to construct and
operate may be issued
[[Page 52354]]
if the proposed source is required to comply with the lowest achievable
emission rate. Louisiana has established provisions to satisfy this
requirement pursuant to section 504.D.2.
10. Additionally, the State must assure that no interpollutant
trading is allowed as defined in 40 CFR part 51, Appendix S, section
IV, condition 3. Louisiana has established provisions to satisfy this
requirement pursuant to section 504.F.1.
11. The public notice and participation requirements, previously
located in Section 504, have now been placed in LAC 33:III. Chapter 5.
Section 531, which will be acted on by the EPA in a future rulemaking
action. These requirements were located in the March 3, 1993, submittal
and were subsequently moved in the November 15, 1993, submittal to
Section 531. Public participation requirements have previously been
approved in the SIP.
C. Ozone
The general nonattainment NSR requirements are found in sections
172 and 173 of the Act and must be met by all nonattainment areas.
Requirements for ozone that supplement or supersede these requirements
are found in subpart 2 of part D. In addition, subpart 2 includes
section 182(f), which states that requirements, for major stationary
sources of volatile organic compounds (VOC), shall apply to major
stationary sources of oxides of nitrogen (NOX) unless the
Administrator makes certain determinations related to the benefits or
contribution of NOX control to air quality, ozone attainment, or
ozone air quality. States were required under section 182(a)(2)(C) to
adopt new NSR rules for ozone nonattainment areas by November 15, 1992.
1. Marginal Ozone Nonattainment Areas
For marginal ozone nonattainment areas, States must submit the
following NSR provisions:
a. Definition of the term ``major stationary source'' that reflects
the section 302(j) 100 tons per year (tpy) VOC and, presumptively, the
100 tpy NOX threshold for determination of whether a source is
subject to part D NSR requirements as a major source.
b. Provisions to ensure that new or modified major stationary
sources obtain offsets under section 182(a)(4) at a ratio of at least
1.1 to 1 in order to obtain an NSR permit.
2. Moderate Ozone Nonattainment Areas
For moderate ozone nonattainment areas, States must submit the
following NSR provisions:
a. Definition of the term ``major stationary source'' that reflects
the section 302(j) 100 tpy VOC and, presumptively, the 100 tpy NOx
threshold for determination of whether a source is subject to part D
NSR requirements as a major source.
b. Provisions to ensure that new or modified major stationary
sources obtain offsets under section 182(a)(4) at a ratio of at least
1.15 to 1 in order to obtain an NSR permit.
3. Serious Ozone Nonattainment Areas
For serious ozone nonattainment areas, States must submit the
following NSR provisions:
a. Definition of the term ``major stationary source'' that reflects
the section 182(c) 50 tpy VOC and, presumptively, the 50 tpy NOX
threshold for determination of whether a source is subject to part D
requirements as a major source.
b. Provisions to ensure that new or modified major stationary
sources obtain offsets under section 182(c)(10) at a ratio of at least
1.2 to 1 in order to obtain an NSR permit.
c. Provisions to implement section 182(c)(6) of the Act such that
any proposed emissions increase is subject to the 25-ton de minimis
test over a five year period.
4. Severe Ozone Nonattainment Areas
For severe ozone nonattainment areas, States must submit the
following NSR provisions:
a. Definition of the term ``major stationary source'' that reflects
the section 182(d) 25 tpy VOC and, presumptively, the 25 tpy NOX
threshold for determination of whether a source is subject to part D
requirements as a major source.
b. Provisions to ensure that new or modified major stationary
sources obtain offsets at a ratio [under section 182(d)(2)] of at least
1.3 to 1 in order to obtain an NSR permit, unless the SIP requires all
existing major sources in the nonattainment area to use Best Available
Control Technology, in which case, the offset ratio is at least 1.2 to
1.
c. Provisions to implement section 182(c)(6) of the Act such that
any proposed emissions increase is subject to the 25-ton de minimis
test over a five year period.
Louisiana has established major source thresholds and offset ratios
for VOC and included provisions for NOX major stationary sources
as follows:
------------------------------------------------------------------------
Area Major source Offset ratio
classification threshold minimum NOX provisions
------------------------------------------------------------------------
Marginal......... 100 tpy.......... 1.10 to 1....... See paragraph
below.
Moderate......... 100 tpy.......... 1.15 to 1....... Identical to
VOC.
Serious.......... 50 tpy........... 1.20 to 1....... Identical to
VOC, see
paragraph
below.
Severe........... 25 tpy........... 1.30 to 1....... Identical to
VOC.
Extreme.......... Not applicable... Not applicable.. Not applicable.
------------------------------------------------------------------------
The EPA is currently evaluating a petition for exemption from
NOX requirements pursuant to section 182(f), received on October
28, 1994, from the State of Louisiana. The petition regarding the
NOX offset requirement for the marginal ozone nonattainment area
of Calcasieu Parish, Louisiana, will be the subject of future EPA
action. If this petition is approved, the EPA intends to publish final
approval of the NSR SIP. If the petition is not approved, the EPA will
readdress the NSR SIP to require NOX offsets in the marginal ozone
nonattainment areas of Louisiana.
The EPA has proposed approval of a petition for exemption from
NOX requirements pursuant to section 182(f), received from the
State of Louisiana on November 17, 1994, for the serious ozone
nonattainment area of Baton Rouge, and has proposed its approval on
August 18, 1995 (see 60 FR 43100). If approved, NOX offsets will
not be required in that area.
Louisiana has established all of the above requirements for all
other ozone nonattainment areas.
Additionally, for nonclassifiable (transitional or incomplete data)
ozone nonattainment areas, State rules for the marginal area
classification apply. For further information on nonclassifiable areas
see, ``General Preamble'' 57 Federal Register 55624 (April 16, 1992),
and the ``NOX supplement to the General Preamble'' 57 FR 13523
(November 25, 1993).
[[Page 52355]]
In addition, Louisiana's plan submittal reflects appropriate
modification provisions, including a de minimis level of 25 tons.
D. Carbon Monoxide (CO)
The general part D NSR permit requirements apply in CO
nonattainment areas, and are supplemented by the CO requirements in
subpart 3 of part D.
1. All moderate CO nonattainment areas, with a design value of 12.7
parts per million or less, must submit proposed part D NSR programs no
later than November 15, 1993. Such programs must have the following
provisions:
a. Definition of the term ``major stationary source'' that reflects
the section 302(j) 100 tpy CO threshold for determination of whether a
source is subject to part D requirements as a major source.
b. Provisions to ensure that new or modified major stationary
sources obtain offsets under section 173(a)(1)(A) at a ratio of at
least 1 to 1 in order to obtain an NSR permit.
2. All States, with moderate CO nonattainment areas with a design
value greater than 12.7 ppm, were required to submit proposed part D
NSR programs by November 15, 1992. Such programs must have the
following provisions:
a. Definition of the term ``major stationary source'' that reflects
the 100 tpy CO threshold for determination of whether a source is
subject to part D requirements as a major source.
b. Provisions to ensure that new or modified major stationary
sources obtain offsets at a ratio of at least 1 to 1 in order to obtain
an NSR permit.
3. Pursuant to section 187(c)(1), 42 U.S.C. 7512a(c)(1), all States
with serious CO nonattainment areas, in which stationary sources
contribute significantly to CO levels (as determined under rules issued
by the Administrator; i.e., according to guidance issued in a May 13,
1991, memorandum ``Guidance for Determining Significant Stationary
Sources for Carbon Monoxide'' from William Laxton, Director, Technical
Support Division to Regional Air Division Directors) were required to
submit part D NSR programs by November 15, 1992. Such programs must
have the following provisions:
a. Definition of the term ``major stationary source'' that reflects
the 50 tpy CO threshold for determination of whether a source is
subject to part D requirements as a major source.
b. Provisions under section 173(a)(1)(A) to ensure that new or
modified major stationary sources obtain offsets at a ratio of at least
1 to 1 in order to obtain an NSR permit.
4. All States with nonclassifiable CO nonattainment areas must
submit revised part D programs by November 15, 1993.
Louisiana has established a major source threshold of 100 tpy, and
a minimum offset ratio of greater than 1.00 to 1 for moderate CO
nonattainment areas. Louisiana has established a major source threshold
of 50 tpy, and a minimum offset ratio of greater than 1.00 to 1 for
serious nonattainment areas.
Louisiana has no areas designated as nonattainment for CO at this
time.
E. Particulate Matter Less Than 10 Micrometers In Diameter (PM-10)
Pursuant to section 189(a)(2) 42 U.S.C. 7513a(a)(2), all States,
with a PM-10 nonattainment area classified as moderate, were required
to submit an NSR permit program SIP revision by June 30, 1992, or 18
months after the designation of such an area.
1. Moderate Areas
PM-10 NSR programs must have the following provisions:
a. Definition of the term ``major stationary source'' that reflects
thresholds in section 302(j) of 100 tpy for PM-10 and, presumptively,
100 tpy for each PM-10 precursor for determination of whether a source
is subject to part D requirements as a major source.
b. Provisions under section 173(a)(1)(A) to ensure that new or
modified major stationary sources obtain emission offsets at an offset
ratio of at least 1 to 1.
c. Under section 189(e), requirements applicable to major sources
of PM-10 are also applicable to major sources of PM-10 precursors,
except where the Administrator determines that such sources do not
contribute significantly to PM-10 levels which exceed the standards in
the area. The EPA generally considers sulfur dioxide, nitrogen oxides,
or volatile organic compounds to be PM-10 precursors for NSR purposes
in certain areas. Further guidance on making such determinations has
been issued at 57 Federal Register 13541 (April 16, 1992) and 57
Federal Register 18070 (April 28, 1992).
d. Provisions to ensure that the significance threshold for a
modification to be major, and therefore subject to the section 173
permit requirements, is 15 tpy for PM-10 and, presumptively, 15 tpy for
each PM-10 precursor.
2. Serious Areas
PM-10 NSR programs must have the following provisions:
a. Definition of the term ``major stationary source'' that reflects
the section 189(b)(3) thresholds of 70 tpy for PM-10 and 70 tpy for
each PM-10 precursor (in certain cases) for determination of whether a
source is subject to part D requirements as a major source.
b. Provisions under section 173(a)(1)(A) to ensure that new or
modified major stationary sources obtain an offset ratio of at least 1
to 1.
c. Under section 189(e), requirements applicable to major sources
of PM-10 are also applicable to major sources of PM-10 precursors,
except where the Administrator determines that such sources do not
contribute significantly to PM-10 levels which exceed the standards in
the area.
d. Provisions to ensure that the significance threshold for a
modification to be major, and therefore subject to the section 173
permit requirements, is 15 tpy for PM-10 and, presumptively 15 tpy for
each PM-10 precursor.
Louisiana has established major source thresholds, offset ratios,
modification significance levels, and PM-10 precursor provisions as
follows:
----------------------------------------------------------------------------------------------------------------
Major source
Area classification threshold Offset ratio minimum Significance level Precursor provisions
----------------------------------------------------------------------------------------------------------------
Moderate............. 100 tpy.............. Greater than 1 to 1.. 15 tpy............... See paragraph below.
Serious.............. 50 tpy............... Greater than 1 to 1.. 15 tpy............... See paragraph below.
----------------------------------------------------------------------------------------------------------------
Since Louisiana has no areas designated as nonattainment for PM-10
at this time, the EPA is proposing to approve the PM-10 NSR provisions
for the limited purpose of strengthening the SIP and not for satisfying
the part D NSR requirements for PM-10. If an area is designated
nonattainment for PM-10, then the State would be required to submit
provisions for PM-10 precursors unless it has sought and obtained a
determination by the EPA under section 189(e).
[[Page 52356]]
F. Sulfur Dioxide (SO2)
States with SO2 nonattainment areas were required to submit
NSR implementation plans by May 15, 1992. States with areas that are
designated or redesignated as nonattainment after the Amendments have
18 months to submit such plans. NSR implementation plans must contain
the following provisions with regard to SO2:
1. Definition of the term ``major stationary source'' that reflects
the section 302(j) 100 tpy SO2 threshold for determination of
whether a source is subject to part D requirements as a major source.
2. Provisions under section 173(a)(1)(A) to ensure that new or
modified major stationary sources obtain SO2 offsets at a ratio of
at least 1 to 1 in order to obtain an NSR permit.
3. Provisions to ensure that the significance threshold for a
modification to be major, and therefore subject to the section 173
permit requirements, is 40 tpy of SO2.
Louisiana has established a major source threshold of 100 tpy, a
minimum offset ratio of greater than 1 to 1, and a modification
significance level of 40 tpy.
Louisiana has no areas designated as nonattainment for SO2 at
this time.
G. Lead
Generally, the date, by which a plan must be submitted for an area,
is triggered by the area's nonattainment designation. For areas
designated nonattainment for the primary lead NAAQS in effect at
enactment of the 1990 Amendments; under section 171(b), States must
submit SIPs which meet the applicable requirements of part D within 18
months of the date of enactment of the 1990 Amendments. States with
lead nonattainment areas are required to submit NSR implementation
plans which must contain the following provisions:
1. Definition of the term ``major stationary source'' that reflects
the section 302(j) 100 tpy lead threshold for determination of whether
a source is subject to part D requirements as a major source.
2. Provisions under section 173(a)(1)(A) to ensure that new or
modified major stationary sources of lead obtain lead offsets at a
ratio of at least 1 to 1 in order to obtain an NSR permit.
3. Provisions to ensure that the significance threshold for a
modification to be major, and therefore subject to the section 173
permit requirements, is 0.6 tpy of lead.
Louisiana has established a major source threshold of 100 tpy, a
minimum offset ratio of greater than 1 to 1, and a modification
significance level of 0.6 tpy.
Louisiana has no areas designated as nonattainment for Lead at this
time.
III. Implications of this Action
The EPA is proposing approval of the plan revisions submitted on
March 3, 1993, as amended on November 15, 1993, regarding NSR, subject
to EPA approval of the NOX exemption request for the Calcasieu
Parish ozone nonattainment area. The State of Louisiana has submitted a
complete plan to implement the NSR provisions of part D. Assuming
approval of the NOX exemption request, each of the program
elements mentioned above were properly addressed, with the exception of
PM-10 precursor requirements. Since Louisiana has no areas designated
as nonattainment for PM-10 at this time, the EPA is proposing to
approve the PM-10 NSR provisions for the limited purpose of
strengthening the SIP and not for satisfying the part D NSR
requirements for PM-10. If an area is designated nonattainment for PM-
10, then the State would be required to submit provisions for PM-10
precursors unless it has sought and obtained a determination by the EPA
under section 189(e).
Those sections submitted to the EPA, not included in the revisions
specifically addressed in this proposal, will be the subject of a
future rulemaking. If the EPA does not approve the NOX exemption
request for Calcasieu Parish, there will not be final approval of the
NSR SIP until rule changes requiring NOX offsets in marginal areas
are submitted by the State.
Louisiana LAC 33:III.Chapter 5.section 504 is approvable under the
requirements for nonattainment area permitting regulations as outlined
in 40 CFR part 51 and in part D. These revisions incorporate
requirements of the CAA for the construction and operation of new and
modified major stationary sources of air pollutants. However, the EPA
is currently in the process of revising its regulations, in accordance
with the CAA, and expects to propose an amended 40 CFR 51.165 within
the near future. These revisions to 40 CFR 51.165 will reflect the new
nonattainment NSR provisions added by the CAA in part D, subparts 1 and
2. Once the EPA promulgates final nonattainment NSR rules pursuant to
the CAA, the State of Louisiana will have to review LAC 33:III.Chapter
5.section 504 against the requirements found in the final promulgated
regulations and submit any additionally required revisions to the EPA
for approval.
IV. Request for Public Comments
The EPA is requesting comments on all aspects of the requested SIP
revision and the EPA's proposed rulemaking action. Comments received by
date indicated above will be considered in the development of the EPA's
final rule.
V. Executive Order (EO) 12866
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 EO 12866 review.
VI. Regulatory Flexibility
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.
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
(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 December 5, 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
[[Page 52357]]
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).
VII. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, the EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires the EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The EPA has determined that this proposed action does not include a
Federal mandate that may result in estimated costs of $100 million or
more to either State, local, or tribal governments in the aggregate, or
to the private sector. This Federal action approves pre-existing
requirements under State or local law, and imposes no new Federal
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, New source review, Nitrogen dioxide, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Sulfur dioxide, Volatile
organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: September 29, 1995.
Samuel Coleman,
Acting Regional Administrator (6RA).
[FR Doc. 95-24940 Filed 10-5-95; 8:45 am]
BILLING CODE 6560-50-P
