97-31408. Approval and Promulgation of Air Quality Implementation Plans, Louisiana; Reasonable Available Control Technology for Emissions of Volatile Organic Compounds  

  • [Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
    [Rules and Regulations]
    [Pages 63658-63662]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-31408]
    
    
    
    [[Page 63658]]
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [LA35-1-7305a; FRL-5928-2]
    
    
    Approval and Promulgation of Air Quality Implementation Plans, 
    Louisiana; Reasonable Available Control Technology for Emissions of 
    Volatile Organic Compounds
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
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    SUMMARY: In this action, the EPA is conditionally approving in part, 
    and fully approving in part, revisions to the Louisiana State 
    Implementation Plan (SIP). The revisions incorporate regulations to 
    control Volatile Organic Compound (VOC) emissions from major stationary 
    sources by means of Reasonable Available Control Technology (RACT). The 
    major stationary source category controlled by the conditionally 
    approved regulation is Synthetic Organic Chemical Manufacturing 
    Industry (SOCMI) batch processes. The major stationary source 
    categories controlled by the fully approved regulations are SOCMI 
    reactors, SOCMI distillation, and industrial cleanup solvents. The 
    intended effect of these rules is to reduce VOC emissions into the 
    ambient air and thereby reduce ground-level ozone concentrations. Both 
    EPA's full and conditional approval of these regulations makes them 
    federally enforceable.
        The full approval of the revisions to the SIP to control VOC 
    emissions from the batch processes source category is contingent upon 
    the State of Louisiana submitting a revision of the single unit 
    operation exemptions of the SOCMI batch processing rule. If the State 
    fails to submit a revision to the batch processing rule within one year 
    of the conditional approval of these SIP revisions, the conditional 
    approval will convert to a disapproval.
        In the proposed rules section of today's Federal Register, the EPA 
    is proposing and seeking public comment on the same conditional and 
    final approvals of the Louisiana SIP that are discussed in this notice. 
    If adverse comments are received on these approvals, the EPA will 
    withdraw the direct final rule and address the comments received in a 
    subsequent final rule, based on the related proposed rule. No 
    additional opportunity for public comment will be provided.
    
    DATES: This action is effective on February 2, 1998 unless adverse or 
    critical comments are received by January 2, 1998. If the effective 
    date is delayed, a timely notice will be published in the Federal 
    Register.
    
    ADDRESSES: Written comments on this action should be addressed to Mr. 
    Thomas Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region 6 
    Office listed below.
        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 two working 
    days in advance.
        Environmental Protection Agency, Region 6, Air Planning Section 
    (6PD-L), Multimedia Planning and Permitting Division, Region 6, Dallas, 
    1445 Ross Avenue, Texas 75202-2733, telephone: (214) 665-7214.
        Air Quality Division, Louisiana Department of Environmental Quality 
    (LDEQ), 7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810, 
    telephone: (504) 765-7247.
        Documents which are incorporated by reference are available for 
    public inspection at the Air and Radiation Docket and Information 
    Center, Environmental Protection Agency, 401 M Street, SW., Washington, 
    DC 20460.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Eaton R. Weiler, Air Planning 
    Section (6PD-L), Multimedia Planning and Permitting Division, 
    Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas, 
    Texas 75202-2733, telephone: (214) 665-2174.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
    A. Background of VOC RACT Rule Requirements
    
        Section 172 of the Clean Air Act (the Act) as amended in 1990, 
    entitled Nonattainment Plan Provisions in General, requires that states 
    adopt RACT rules for major stationary sources of VOCs located in ozone 
    nonattainment areas. The RACT is defined as the lowest emission 
    limitation that a particular source is capable of meeting by the 
    application of control technology that is reasonably available, 
    considering technological and economic feasibility as defined in 44 FR 
    53761 (September 17, 1979). In accordance with section 108 of the Act, 
    the EPA publishes Control Technique Guideline (CTG) documents in order 
    to assist the States in developing RACT rules for source categories. 
    The CTGs provide information on available air pollution control 
    techniques and provide recommendations on what the EPA considers the 
    ``presumptive norm'' for RACT.
        Sections 182(b)(2) and 182(c) of the Act as amended in 1990 require 
    States to adopt RACT rules for three general groups of major stationary 
    sources of VOCs located in ozone nonattainment areas designated as 
    moderate or above. The first group consists of sources covered by an 
    existing CTG (a CTG issued prior to the enactment of the 1990 Act 
    amendments). The second group consists of sources covered by a CTG 
    issued after the enactment of the 1990 Act amendments. These CTGs are 
    referred to as ``post-enactment'' CTGs. The third group consists of 
    major sources not covered by a CTG. These sources are referred to as 
    ``non-CTG'' sources.
        Under section 302(j), the Act defines major source as any source 
    which has the potential to emit 100 tons per year or more of any air 
    contaminant unless otherwise expressly provided. Under section 182(c), 
    a major source is defined as any source which is located in an area 
    designated as a serious ozone non-attainment area and has the potential 
    to emit 50 tons per year or more of VOCs. Therefore, in the Baton Rouge 
    five parish serious ozone nonattainment area, a major source definition 
    is the potential to emit 50 tons per year or more of VOCs.
        Under section 183 of the Act as amended in 1990, entitled Federal 
    Ozone Measures, the EPA is required to issue CTGs for 13 source 
    categories by November 15, 1993. Two specific source categories are 
    listed under section 183: aerospace coatings and solvents, and 
    shipbuilding operations. The other 11 categories are listed in 57 FR 
    18077 (April 28, 1992) and are as follows:
    
        1. SOCMI distillation.
        2. SOCMI reactors.
        3. Wood furniture.
        4. Plastic parts business machines.
        5. Plastic parts coating (other).
        6. Offset lithography.
        7. Industrial wastewater.
        8. SOCMI batch processing.
        10. Volatile Organic Liquid (VOL) storage tanks.
        11. Clean-up solvents.
    
        To date, CTGs have been published for four of the thirteen source 
    categories: SOCMI distillation, SOCMI reactors, wood furniture, and 
    shipbuilding. As described in a January 20, 1994 memorandum from John 
    Seitz, Director of the EPA's Office of Air Quality Planning and 
    Standards, the EPA plans to make available Alternative Control 
    Technology (ACT) documents for the CTG source categories for which CTG 
    documents have not yet been published.
    
    [[Page 63659]]
    
    These ACT documents provide much of the same information as the CTG 
    documents, however, instead of establishing a presumptive norm for RACT 
    rule, these documents provide options for control.
        On April 28, 1992 (57 FR 18077), the EPA interpreted the Act to 
    allow a State to submit a non-CTG rule by November 15, 1992, or to 
    defer submittal of a RACT rule for sources that the State anticipated 
    would be covered by a post-enactment CTG. For post-enactment CTGs, the 
    amended Act requires States to submit RACT rules in accordance with the 
    schedule specified in the corresponding CTG document. If the EPA failed 
    to issue a CTG by November 15, 1993, the responsibility shifted to the 
    State to submit a non-CTG RACT rule for those sources by November 15, 
    1994.
    
    B. Negative Declarations
    
        In agreement with EPA policy, if there are no major sources of VOC 
    emissions in a CTG source category located in a nonattainment area, the 
    State should submit a formal statement of the nonexistence of such 
    major sources, i.e., a negative declaration. On April 6 and June 20, 
    1994, the State of Louisiana submitted letters of negative declaration 
    for the following CTG source categories: aerospace coatings and 
    solvents, shipbuilding operations, offset lithography, plastic parts--
    business machines, plastic parts--other, and wood furniture. The EPA 
    approved these letters on October 30, 1996, in 61 FR 55894. A CTG 
    document was published in April 1996, for wood furniture which lowered 
    the threshold for a source to be considered major in the wood furniture 
    source category to 25 tons per year or more in an ozone nonattainment 
    area. On January 28, 1997, the State of Louisiana submitted a letter of 
    negative declaration for the wood furniture category based on the lower 
    major source threshold.
    
    II. State Submittal
    
        On December 15, 1995, the State of Louisiana submitted to the EPA 
    five sets of rules which require six source categories to apply RACT to 
    VOC emissions from major stationary sources located in the Baton Rouge 
    ozone nonattainment area. In Louisiana, the following five parishes 
    areas are designated as serious: Ascension, East Baton Rouge, 
    Iberville, Livingston, and West Baton Rouge. The applicable source 
    categories are VOL tank storage, SOCMI reactors, SOCMI distillation, 
    SOCMI batch processes, industrial wastewater, and industrial cleanup 
    solvents. The rules also apply to Pointe Coupee Parish and Calcasieu 
    Parish, formerly serious and marginal ozone nonattainment areas, 
    respectively. These rules were published in the Louisiana Register on 
    April 20, September 20, and November 20, 1995.
        No action is being taken on the industrial wastewater portion of 
    the December 15, 1995, submittal. The EPA has identified provisions 
    which are deficient with respect to EPA guidance. In short, the EPA has 
    concerns with the rule provisions which are followed to determine the 
    characteristics of the wastewater stream, and the testing requirements 
    for biological treatment units.
        The EPA has previously approved Louisiana's RACT rule for VOL tank 
    storage, 33 Louisiana Administrative Code (LAC) 2103, on October 22, 
    1996 (61 FR 57470) as part of the 15% rate of progress plan submitted 
    to the EPA on December 15, 1995.
    
    III. Analysis of State Submittal
    
    A. Industrial Cleaning Solvents
    
        Chapter 21 of 33 LAC has been amended to include Section 2157, (33 
    LAC 2157) Limiting Volatile Organic Compound Emissions from Cleanup 
    Solvent Processing. Section 2157 is intended to incorporate regulations 
    which represent RACT for the cleanup solvents CTG-source category.
        Facilities affected are those which emit or have the potential to 
    emit 50 tons per year or more of VOCs, and which use solvents in one or 
    more of the following nine solvent-cleaning operations: spray gun 
    cleaning, spray booth cleaning, large manufactured components cleaning, 
    equipment cleaning, floor cleaning, line cleaning, parts cleaning, tank 
    cleaning, and small manufactured components cleaning. Geographically, 
    these rules apply to the five parish Baton Rouge ozone nonattainment 
    area, and Pointe Coupee and Calcasieu Parishes.
        To assist State agencies in developing rules to limit emission of 
    VOCs which result from industrial cleaning with organic solvents, in 
    February 1994, the EPA published the ACT document titled Industrial 
    Cleaning Solvents (EPA-453/R-94-015). The ACT document does not provide 
    a model regulation or a recommended emission limit representing RACT. 
    The ACT document does provide considerable information on feasible RACT 
    options which States can use to define their own RACT levels.
        The ACT document recommends the application of an accounting system 
    which tracks the use, fate, and associated costs (purchase and 
    disposal) of the cleanup solvents. The accounting system should utilize 
    the Unit Operations System (UOS) approach. A UOS is defined as the 
    ensemble of equipment around which a material balance is performed and 
    includes all possible points/sources from which losses to the 
    atmosphere could occur as a result of them being cleaned. Completion of 
    the material balance around a UOS requires measurement of all input and 
    output VOC-based liquid solvent streams. The difference between these 
    streams may be assumed to have evaporated as solvent emissions. The UOS 
    ensembles for the nine solvent-operations listed above are described in 
    Appendix C of the ACT document.
        Another control option discussed in the ACT document is to require 
    major sources to conduct intensive, short-term studies of solvent types 
    and uses. The study would review purchase records, distribution 
    sources, cleanup operations, recycling records and waste disposal 
    records. The study would identify potential VOC usage reductions such 
    as cleaning solvent changes and equipment changes.
        Utilizing the information gained from the implementation of the UOS 
    accounting system, the ACT document recommends the State require major 
    sources to submit individual solvent reduction plans.
        Section 2157 of 33 LAC incorporates, as requirements, the control 
    options outlined in the above listed ACT document. The regulation is 
    approvable as RACT for the cleanup solvents CTG-source category.
        Section 2157 of 33 LAC, requires affected facilities to implement 
    the following actions: conduct a three-month intensive study of solvent 
    types and usage, utilize accounting on a unit operation system and, 
    submit plans to the administrative authority to reduce VOC emissions. 
    As an alternative to submitting reduction plans, the owner or operator 
    of affected facilities may report the controls and/or work practices 
    deemed to be Maximum Achievable Control Technology.
        These submitted plans become State enforceable upon approval. A 
    violation of 33 LAC 2157 occurs if the affected facility does not meet 
    the state-approved solvent reduction target.
    
    B. Batch Processes
    
    1. EPA Analysis
        Chapter 21 of 33 LAC has been amended to include Section 2149, (33 
    LAC 2149) Limiting Volatile Organic Compound Emissions from Batch 
    Processing. Section 2149 is intended to incorporate regulations which 
    represent
    
    [[Page 63660]]
    
    RACT for the batch processing CTG-source category.
        Facilities affected are those which emit or have the potential to 
    emit 50 tons per year or more of VOCs, and fall into one of the 
    following Standard Industrial Classification code categories: plastic 
    materials and resins (2821), pharmaceuticals (2833 and 2834), gum and 
    wood chemicals (2861), cyclic crudes and intermediates (2865), 
    industrial organic chemicals (2869), and agricultural chemicals (2879). 
    Geographically, these rules apply to the five parish Baton Rouge ozone 
    nonattainment area, and Pointe Coupee and Calcasieu Parishes.
        To assist State agencies in developing rules to limit emission of 
    VOCs which result from batch processes, in February 1994, the EPA 
    published the ACT document titled Control of Volatile Organic Compound 
    Emissions from Batch Processes (EPA-453/R-93-017). The ACT document 
    provides a model regulation representing RACT, as well as providing 
    considerable information on emissions, controls, control options, and 
    costs that States can use in developing RACT regulations.
        In developing a batch processing RACT regulation, the State of 
    Louisiana closely followed the model rule provided in the ACT. The 
    purpose of most of the changes from the model rule is to make the 
    regulations more explicit. All changes are insignificant except the 
    change to single-unit operation exemptions as discussed below.
        As a change to the model rule's single unit operation exemptions, 
    the State replaced the 500-pound annual emission exemption with the 
    following annual emission exemptions for specific unit operations: 1800 
    lbs. for reactors, 1200 lbs. for holding tanks, and 8700 lbs. for 
    centrifuges. No justification for the revised levels of these 
    thresholds was provided. Furthermore, by deleting the general single 
    unit operation exemption and including only three specific unit 
    operation exemptions, all other unit operations not listed would not be 
    exempt for analyses no matter how low the level of annual emissions.
    2. State Commitment of Revision
        On June 17, 1997, the LDEQ submitted a letter committing to revise, 
    within one year of the date of the publication of this Federal Register 
    conditional approval, the single unit operation exemptions of the batch 
    processing rule.
        The revision would eliminate the individual process single unit 
    operation exemptions and set the overall single unit operation 
    exemption to 500 lb./yr. or less. The revision would also incorporate 
    language which more explicitly defines the control requirements.
    3. EPA Conclusion
        With the exception of the single unit operation exemption as 
    discussed above, 33 LAC 2149, incorporates as requirements, the control 
    options outlined in the above listed ACT document. With the letter 
    committing to revise Section 2149(b)(2), single unit operation 
    exemptions, the regulation is conditionally approvable as RACT for the 
    batch processing CTG source category.
    C. SOCMI Distillation and Reactors
        Chapter 21 of 33 LAC, has been amended to include Section 2147, (33 
    LAC 2147) Limiting Volatile Organic Compound Emissions from Reactor 
    Processes and Distillation Operations in the Synthetic Organic Chemical 
    Manufacturing Industry. Section 2147 is intended to incorporate 
    regulations which represent RACT for both the SOCMI reactors and SOCMI 
    distillation source categories.
        Facilities affected are those which emit or have the potential to 
    emit 50 tons per year or more of VOCs, and have the Standard Industrial 
    Major Code 28 classification, Chemicals And Allied Products. 
    Geographically, these rules apply to the five parish Baton Rouge ozone 
    nonattainment area, and Pointe Coupee and Calcasieu Parishes.
        To assist State agencies in developing rules to limit emission of 
    VOCs which result from batch processes, in August 1993 the EPA 
    published the CTG document entitled Control of Volatile Organic 
    Compound Emissions from Reactor Processes and Distillation Operations 
    Processes in the Synthetic Organic Chemical Manufacturing Industry. As 
    well as providing considerable information on emissions, controls, and 
    costs that the States can use in developing RACT regulations, the CTG 
    provides a model regulation representing RACT. In developing a SOCMI 
    distillation and reactor regulation, the State of Louisiana closely 
    followed the model rule provided in the CTG. The purpose of most of the 
    changes from the model rule is to make the regulations more explicit. 
    All changes are unsubstantive except the change made to the flow rate 
    exemption as discussed below.
        As a change to the model rule flow-rate exemption, the State raised 
    the minimum control flow rate from 0.0085 to 0.011 standard cubic 
    meters per minute. This change was made to the model rule to be 
    consistent with the new source performance standards for reactor 
    processes, 40 CFR 60.700(c)(4). In this way, the RACT rule will not be 
    more stringent than the performance standards for new sources for 
    reactor processes. The EPA finds this revision acceptable.
        Section 2149 of 33 LAC incorporates as requirements, the control 
    options outlined in the above listed CTG document. The regulation is 
    approvable as RACT for the SOCMI reactor and SOCMI distillation source 
    categories.
    
    IV. Final Action
    
        By this action, the EPA is conditionally approving in part and 
    fully approving in part the revisions to the Louisiana SIP submitted on 
    December 15, 1995. The EPA is conditionally approving the revisions to 
    the SIP to control VOC emissions utilizing RACT from the SOCMI batch 
    processing source category. The EPA is fully approving in the revisions 
    to the SIP to control VOC emissions utilizing RACT from the following 
    major source categories: SOCMI distillation, SOCMI reactor, and clean-
    up solvents. The EPA is also approving the letter of negative 
    declaration for the wood furniture major source category from the LDEQ 
    dated January 21, 1997.
        The full approval of the revision to control VOC emissions 
    utilizing RACT from the batch processing source category is contingent 
    upon the State of Louisiana submitting a revision to the single unit 
    operation exemptions rule. If the State fails to submit a revision to 
    the batch processing rule within one year of the conditional approval 
    of these SIP revisions, the conditional approval will convert to a 
    disapproval.
        With the approval of these rules, the applicable requirements 
    relating to RACT rules of the 12 of the 13 CTG source categories have 
    been met. The industrial wastewater source category is the only 
    remaining CTG source category for which no action has been taken. This 
    source category will be handled in a separate rulemaking action.
        The EPA is publishing this action without prior proposal because 
    the Agency views this as a noncontroversial amendment and anticipates 
    no adverse comments. However, in a separate document in this Federal 
    Register publication, EPA is proposing to approve the SIP revision 
    should adverse or critical comments be filed. This action will be 
    effective on February 2, 1998, unless, by January 2, 1998, adverse or 
    critical comments are received.
        If EPA receives such comments, this action will be withdrawn before 
    the effective date by publishing a subsequent action that will withdraw
    
    [[Page 63661]]
    
    the final action. All public comments received will be addressed in a 
    subsequent final rule based the proposed rule in today's Federal 
    Register, which incorporate by reference the discussion in this direct 
    final action. 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, the public is 
    advised that this action will be effective February 2, 1998.
        Nothing in this action should be construed as permitting or 
    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, economic, and 
    environmental factors and in relation to relevant statutory and 
    regulatory requirements.
    
    V. Administrative Requirements
    
    A. Executive Order (E.O.) 12866
    
        The Office of Management and Budget (OMB) has exempted this 
    regulatory action from E.O. 12866 review.
    
    B. Regulatory Flexibility Act
    
        Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
    must prepare a regulatory flexibility analysis assessing the impact of 
    any proposed or final rule on small entities. See 5 U.S.C. 603 and 604. 
    Alternatively, EPA may certify that the rule will not have a 
    significant impact on a substantial number of small entities. Small 
    entities include small businesses, small not-for-profit enterprises, 
    and government entities with jurisdiction over populations of less than 
    50,000.
        The SIP approvals under section 110 and subchapter I, part D of the 
    Act 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 Act, 
    preparation of a flexibility analysis would constitute Federal inquiry 
    into the economic reasonableness of State action. The Act forbids EPA 
    to base its actions concerning SIPs on such grounds. See Union Electric 
    Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
        Conditional approvals of SIP submittals under section 110 and 
    subchapter I, part D of the Act 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 Act, preparation of a flexibility 
    analysis would constitute Federal inquiry into the economic 
    reasonableness of State action. The Act forbids EPA to base its actions 
    concerning SIPs on such grounds. See Union Electric Co. v. U.S. EPA, 
    427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
        If the conditional approval is converted to a disapproval under 
    section 110(k), based on the State's failure to meet the commitment, it 
    will not affect any existing State requirements applicable to small 
    entities. Federal disapproval of the State submittal does not affect 
    its State-enforceability. Moreover, EPA's disapproval of the submittal 
    does not impose a new Federal requirement. Therefore, EPA certifies 
    that this disapproval action does not have a significant impact on a 
    substantial number of small entities because it does not remove 
    existing requirements nor does it substitute a new Federal requirement.
    
    C. Unfunded Mandates
    
        Under section 202 of the Unfunded Mandates Reform Act of 1995, 
    signed into law on March 22, 1995, EPA must prepare a budgetary impact 
    statement to accompany any proposed or final rule that includes a 
    Federal mandate that may result in estimated costs to State, local, or 
    Tribal governments in the aggregate; or to private sector, of $100 
    million or more. Under section 205, EPA must select the most cost-
    effective and least burdensome alternative that achieves the objectives 
    of the rule and is consistent with statutory requirements. Section 203 
    requires EPA to establish a plan for informing and advising any small 
    governments that may be significantly or uniquely impacted by the rule.
        The EPA has determined that the approval action promulgated 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 
    preexisting requirements under State or local law, and imposes no new 
    requirements. Accordingly, no additional costs to State, local, or 
    Tribal governments, or to the private sector, result from this action.
    
    D. Submission to Congress and the General Accounting Office
    
        Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
    Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
    containing this rule and other required information to the U.S. Senate, 
    the U.S. House of Representatives and the Comptroller General of the 
    General Accounting Office prior to publication of this rule in today's 
    Federal Register.
        This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
    
    E. Petitions for Judicial Review
    
        Under section 307(b)(1) of the Act, petitions for judicial review 
    of this action must be filed in the United States Court of Appeals for 
    the appropriate circuit by February 2, 1998. 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, Hydrocarbons, 
    Incorporation by reference, Ozone, Reporting and recordkeeping 
    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: November 10, 1997.
    Lynda F. Carroll,
    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 of 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)(74) to read as 
    follows:
    
    
    Sec. 52.970  Identification of plan.
    
    * * * * *
        (c) *  *  *
        (74) Revisions to the Louisiana Department of Environmental Quality 
    Regulation Title 33, Part III, Chapter 21,
    
    [[Page 63662]]
    
    Control of Emission of Organic Compounds, submitted by the Governor on 
    December 15, 1995.
        (i) Incorporation by reference.
        (A) LAC, Title 33, Part III, Chapter 21, Section 2147, Limiting 
    Volatile Organic Compound Emissions from Reactor Processes and 
    Distillation Operations in the Synthetic Organic Chemical Manufacturing 
    Industry, adopted in the Louisiana Register on April 20, 1995 (LR 
    21:380).
        (B) LAC, Title 33, Part III, Chapter 21, Section 2149, Limiting 
    Volatile Organic Compound Emissions from Batch Processing, adopted in 
    the Louisiana Register on April 20, 1995 (LR 21:387).
        (C) LAC, Title 33, Part III, Chapter 21, Section 2151, Limiting 
    Volatile Organic Compound Emissions from Cleanup Solvent Processing, 
    adopted in the Louisiana Register on April 20, 1995 (LR 21:391).
        (ii) Additional material.
        (A) Letter of negative declaration for wood furniture dated January 
    21, 1997, from the State of Louisiana Department of Environmental 
    Quality.
        3. Section 52.994 is amended by designating the existing text as 
    paragraph (a) and adding paragraph (b) to read as follows:
    
    
    Sec. 52.994  Conditional approvals.
    
    * * * * *
        (b) Reasonable Available Control Technology for the Synthetic 
    Organic Chemical Manufacturing Industry Batch Processing Source 
    Category. A letter dated June 17, 1997 from the Assistant Secretary of 
    the Louisiana Department of Environmental Quality to the EPA Regional 
    Administrator commits the State to make corrections in LAC 
    33.III.2149.A.2.b to restore the general single unit operation 
    exemption to 500 pounds per year or less. The State commits to make the 
    above rule change within one year from the Federal Register publication 
    of the conditional approval of the batch processing Reasonable 
    Available Control Technology rule.
    
    [FR Doc. 97-31408 Filed 12-1-97; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
2/2/1998
Published:
12/02/1997
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
97-31408
Dates:
This action is effective on February 2, 1998 unless adverse or critical comments are received by January 2, 1998. If the effective date is delayed, a timely notice will be published in the Federal Register.
Pages:
63658-63662 (5 pages)
Docket Numbers:
LA35-1-7305a, FRL-5928-2
PDF File:
97-31408.pdf
CFR: (2)
40 CFR 52.970
40 CFR 52.994