[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Rules and Regulations]
[Pages 13908-13912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6299]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[LA-10-1-5937a; FRL-5172-2]
Approval and Promulgation of Implementation Plan: Louisiana 1990
Base Year Ozone Emissions Inventories
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA today fully approves the 1990 base year ozone emission
inventories submitted by Louisiana for the purpose of bringing about
the attainment of the national ambient air quality standard (NAAQS) for
ozone. The inventories were submitted by the State to satisfy certain
Federal requirements for an approvable nonattainment area (NAA) ozone
State Implementation Plan (SIP) for the Baton Rouge and Calcasieu
Parish areas of Louisiana.
DATES: This action will become effective on May 15, 1995, unless
adverse or critical comments are received by April 14, 1995. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
following locations. Interested persons wanting to examine these
documents should make an appointment with the appropriate office at
least 24 hours before the visiting day.
U.S. Environmental Protection Agency, Region 6, Air Programs Branch
(6T-A), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733.
U.S. Environmental Protection Agency, Air and Radiation Docket and
Information Center, 401 M Street, SW., Washington, DC 20460.
Louisiana Department of Environmental Quality, Air Quality Division,
7290 Bluebonnet, Baton Rouge, Louisiana 70810.
FOR FURTHER INFORMATION CONTACT: Herbert R. Sherrow, Jr., Planning
Section (6T-AP), Air Programs Branch, USEPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, telephone (214) 665-7237.
SUPPLEMENTARY INFORMATION:
Background
Under the 1990 Clean Air Act Amendments (CAAA), States have the
responsibility to inventory emissions contributing to NAAQS
nonattainment, to track these emissions over time, and to ensure that
control strategies are being implemented that reduce emissions and move
areas towards attainment. The CAAA require ozone nonattainment areas
designated as moderate, serious, severe, and extreme to submit a plan
within three years of 1990 to reduce volatile organic compounds (VOC)
emissions by 15 percent within six years after 1990. The baseline level
of emissions, from which the 15 percent reduction is calculated, is
determined by adjusting the base year inventory to exclude biogenic
emissions and to exclude certain emission reductions not creditable
towards the 15 percent. The 1990 base year emissions inventory is the
primary inventory from which the periodic inventory, the Reasonable
Further Progress projection inventory, and the modeling inventory
[[Page 13909]] are derived. Further information on these inventories
and their purpose can be found in the ``Emission Inventory Requirements
for Ozone State Implementation Plans,'' U.S. Environmental Protection
Agency, Office of Air Quality Planning and Standards, Research Triangle
Park, North Carolina, March 1991. The base year inventory plays an
important role in modeling demonstrations for areas classified as
moderate and above outside transport regions.
The air quality planning requirements for marginal to extreme ozone
nonattainment areas are set out in section 182(a)-(e) of title I of the
CAAA. The EPA has issued a General Preamble describing the EPA's
preliminary views on how the EPA intends to review SIP revisions
submitted under title I, including requirements for the preparation of
the 1990 base year inventory (see 57 FR 13502; 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 (57 FR 18070, Appendix B, April 28, 1992) for a
more detailed discussion of the interpretations of title I advanced in
today's action and the supporting rationale.
Those States containing ozone nonattainment areas classified as
marginal to extreme are required under section 182(a)(1) of the 1990
CAAA to submit a final, comprehensive, accurate, and current inventory
of actual ozone season, weekday emissions from all sources by November
15, 1992. This inventory is for calendar year 1990 and is denoted as
the base year inventory. It includes both anthropogenic and biogenic
sources of VOC, nitrogen oxides (NOX), and carbon monoxide (CO).
The inventory is to address actual VOC, NOX, and CO emissions for
the area during a peak ozone season, which is generally comprised of
the summer months. All stationary point and area sources, as well as
highway mobile sources within the nonattainment area, are to be
included in the compilation. Available guidance for preparing emission
inventories is provided in the General Preamble (57 FR 13498, April 16,
1992).
Emission inventories are first reviewed under the completeness
criteria established under section 110(k)(1) of the CAAA (56 FR 42216,
August 26, 1991). According to section 110(k)(1)(C), if a submittal
does not meet the completeness criteria, ``the State shall be treated
as not having made the submission.'' Under sections 179(a)(1) and
110(c)(1), a finding by the EPA that a submittal is incomplete is one
of the actions that initiates the sanctions and Federal Implementation
Plan processes (see David Mobley memorandum, November 12, 1992).1
\1\Memorandum from J. David Mobley, Chief, Emission Inventory
Branch, to Air Branch Chiefs, Region I-X, ``Guidance on States'
Failure to Submit Ozone and CO SIP Inventories,'' November 12, 1992.
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Analysis of State Submission
1. Procedural Background
The Act requires States to observe certain procedural requirements
in developing emission inventory submissions to the EPA. Section
110(a)(2) of the Act provides that each emission inventory submitted by
a State must be adopted after reasonable notice and public
hearing.2 Final approval of the inventory will not occur until the
State revises the inventory to address public comments. Changes to the
inventory that impact the 15 percent reduction calculation and require
a revised control strategy will constitute a SIP revision. The EPA
created a ``de minimis'' exception to the public hearing requirement
for minor changes. The EPA defines ``de minimis'' for such purposes to
be those in which the 15 percent reduction calculation and the
associated control strategy or the maintenance plan showing do not
change. States will aggregate all such ``de minimis'' changes together
when making the determination as to whether the change constitutes a
SIP revision. The State will need to make the change through a formal
SIP revision process, in conjunction with the change to the control
measure or other SIP programs.3 Section 110(a)(2) 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.
\2\Also section 172(c)(7) of the Act requires that plan
provisions for nonattainment areas meet the applicable provisions of
section 110(a)(2).
\3\Memorandum from John Calcagni, Director, Air Quality
Management Division, and William G. Laxton, Director, Technical
Support Division, to Regional Air Division Directors, Region I-X,
``Public Hearing Requirements for 1990 Base-Year Emission
Inventories for Ozone and Carbon Monoxide Nonattainment Areas,''
September 29, 1992.
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The State of Louisiana submitted the 1990 base year inventories for
Baton Rouge (BTR) and Calcasieu Parish (CAL) on November 16, 1992, as a
SIP revision by cover letter from the Governor. The inventories were
reviewed by the EPA to determine completeness shortly after their
submittal, in accordance with the completeness criteria set out at 40
CFR part 51, appendix V (1991), as amended by 57 FR 42216 (August 26,
1991). The inventories were complete except for public hearings. The
EPA determined that for inventories that were lacking only public
hearings a finding of completeness would be made, contingent upon the
State fulfilling the public hearing requirement.4 The submittal
was found to be complete contingent upon the State fulfilling the
public hearing requirment, and a letter dated January 15, 1993, was
forwarded to the Governor indicating the completeness of the submittal
and the next steps to be taken in the review process.
\4\Memorandum from John Calcagni, Director, Air Quality
Management Division, to Regional Air Division Directors, Regions I-
X, ``State Implementation Plan (SIP) Actions Submitted in Response
to Clean Air Act (ACT) Deadlines,'' October 28, 1992.
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The State of Louisiana subsequently held public hearings on October
22, 1993, to entertain public comment on the 1990 base year emission
inventories. The State provided evidence to EPA Region 6 that the
public hearings were held and that the State responded to comments.
EPA Region 6, EPA's Office of Air Quality Planning and Standards
(OAQPS) Emissions Inventory Branch (EIB), EPA's Office of Mobile
Sources (OMS), and Midwest Research Institute, contractor to EIB,
reviewed the inventories. Comments were sent to Louisiana, and the
State responded with a resubmittal. The resubmittal underwent a second
review. The Level III review comments were sent to Louisiana on
December 21, 1993.
The State addressed the final Level III comments and submitted
responses to Region 6 on January 28, 1994. The State submitted the
final revised inventory to Region 6 on September 27, 1994. In addition,
the State of Louisiana held additional public hearings on the final
revised inventory on October 28, 1994, to accept public comments. The
State provided evidence to EPA Region 6 that the public hearings were
held and that the State responded to comments.
Region 6 compared the Louisiana responses with the deficiencies
noted in the final Level III review and concluded that Louisiana had
adequately addressed the remaining deficiencies so that Region 6 was
satisfied that Louisiana had completed the Level III criteria for the
BTR and CAL ozone nonattainment areas.
2. Emission Inventory Review
Section 110(k) of the Act sets out provisions governing the EPA's
review of base year emission inventory submittals in order to determine
approval or disapproval under section [[Page 13910]] 182(a)(1) (see 57
FR 13565-13566, April 16, 1992). The EPA is proposing to grant approval
of the Louisiana ozone base year emissions inventories based on the
Level I, II, and III review findings. This section outlines the review
procedures performed to determine if the base year emission inventory
is acceptable or is disapproved.
Today's action describes the review procedures associated with
determining the acceptability of a 1990 base year emission inventory,
and discusses the levels of acceptance that can result from the
findings of the review process.
A. The Following Discussion Reviews the State Base Year SIP Inventory
Approval Requirements
The Level I and II review process is used to determine that all
components of the base year inventory are present. The review also
evaluates the level of supporting documentation provided by the State,
and assesses whether the emissions were developed according to current
EPA guidance.
The Level III review process outlined below consists of 10 points
that the inventory must include. For a base year emission inventory to
be acceptable, it must pass all of the following acceptance criteria:
1. An approved Inventory Preparation Plan (IPP) was provided, and
the Quality Assurance (QA) program contained in the IPP was
performed and its implementation documented.
2. Adequate documentation was provided that enabled the reviewer to
determine the emission estimation procedures and the data sources
used to develop the inventory.
3. The point source inventory must be complete.
4. Point source emissions must have been prepared or calculated
according to the current EPA guidance.
5. The area source inventory must be complete.
6. The area source emissions must have been prepared or calculated
according to the current EPA guidance.
7. Biogenic emissions must have been prepared according to current
EPA guidance or another approved technique.
8. The method (e.g., Highway Performance Monitoring System or a
network transportation planning model) used to develop vehicle miles
travelled (VMT) estimates must follow EPA guidance, which is
detailed in the document, ``Procedures for Emission Inventory
Preparation, Volume IV: Mobile Sources'', U.S. Environmental
Protection Agency, Office of Mobile Sources and Office of Air
Quality Planning and Standards, Ann Arbor, Michigan, and Research
Triangle Park, North Carolina, December 1992.
9. The MOBILE model (or EMFAC model for California only) was
correctly used to produce emission factors for each of the vehicle
classes.
10. Nonroad mobile emissions were prepared according to current EPA
guidance for all of the source categories.
The base year emission inventory will be approved if it passes
Levels I, II, and III of the review process. Detailed Level I and II
review procedures can be found in the following document: ``Quality
Review Guidelines for 1990 Base Year Emission Inventories'', U.S.
Environmental Protection Agency, Office of Air Quality Planning and
Standards, Research Triangle Park, North Carolina, July 27, 1992. Level
III review procedures are specified in a memorandum from David Mobley
and G.T. Helms to the Regions, ``1990 O3/CO SIP Emission Inventory
Level III Acceptance Criteria'', October 7, 1992,5 and revised in
a memorandum from John Seitz to the Regional Air Directors dated June
24, 1993.6
B. The following Is a Summary of the Level III Review of the Louisiana
1990 Base Year Submittal
1. The IPP and QA plan were submitted and approved. The QA plan was
implemented and documented in the submission.
2. The documentation was adequate for the reviewer to determine the
estimation procedures and data sources used to develop the inventory
for all emission types.
3. The point source inventory was found to be complete.
4. The point source emissions were estimated according to EPA
guidance.
5. The area source inventory was found to be complete.
6. The area source emissions were estimated according to EPA
guidance.
7. The biogenic emissions were developed from a consultant's site-
specific study of the BTR area and the emissions were calculated
using the EPA PC-BEIS model for the CAL area.
8. The method used to develop VMT estimates was adequately described
and documented.
9. The MOBILE model was used correctly.
10. The nonroad mobile emission estimates were correctly prepared
according to current EPA guidance or acceptable alternatives.
Documentation of the Region 6 evaluation, including details of the
review procedure, is contained in a memorandum (Attachment A) in the
Technical Support Document (TSD). A general summary of the inventories
is contained in Attachment B of the TSD.
Final Action
Louisiana has submitted complete inventories containing point,
area, biogenic, on-road mobile, and non-road mobile source data, and
accompanying documentation. Emissions from these sources are presented
in the following table:
VOC
[Ozone Seasonal Emissions in Tons Per Day]
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Point source Area source On-road mobile Non-road mobile
NAA emissions emissions emissions emissions Biogenic Total emissions
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BTR 115.20 26.25 55.50 23.46 120.91 341.32
CAL 57.90 7.20 14.64 13.30 16.47 109.51
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\5\Memorandum from J. David Mobley, Chief, Emissions Inventory
Branch, to Air Branch Chiefs, Region I-X, ``Final Emission Inventory
Level III Acceptance Criteria,'' October 7, 1992.
6Memorandum from John S. Seitz, Director, Office of Air
Quality Planning and Standards, to Regional Air Division Directors,
Region I-X, ``Emission Inventory Issues,'' June 24, 1993.
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[[Page 13911]]
NOX
[Ozone Seasonal Emissions in Tons Per Day]
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Point source Area source On-road mobile Non-road mobile
NAA emissions emissions emissions emissions Biogenic Total emissions
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BTR 234.68 0.78 71.70 38.40 NA 345.56
CAL 119.20 0.25 20.31 40.86 NA 180.62
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CO
[Ozone Seasonal Emissions in Tons Per Day]
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Point source Area source On-road mobile Non-road mobile
NAA emissions emissions emissions emissions Biogenic Total emissions
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BTR 282.91 2.30 434.50 193.02 NA 912.73
CAL 42.10 0.50 117.35 75.03 NA 234.98
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Based on Region 6's review of the inventories, Louisiana has
satisfied all of the EPA's requirements for providing a comprehensive,
accurate, and current inventory of actual emissions in the ozone
nonattainment areas. These inventories are complete and approvable
according to the criteria set out in the November 12, 1992, memorandum
from J. David Mobley, Chief Emission Inventory Branch, TSD and G.T.
Helms, Chief Ozone/Carbon Monoxide Programs Branch, Air Quality
Management Division.
In today's final action, the EPA is fully approving the SIP 1990
base year ozone emission inventories submitted by Louisiana to the EPA
on September 27, 1994, for the Baton Rouge and Calcasieu Parish
nonattainment areas as meeting the requirements of section 182(a)(1) of
the Act.
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 FR
publication, the EPA is proposing to approve the SIP revision should
adverse comments be received. Thus, this action will be effective on
May 15, 1995 unless, by April 14, 1995 adverse or critical comments are
received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent notice which will
withdraw the final action. All public comments will then be addressed
in a subsequent final rule 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 comments are received, the public is advised that this
action will be effective May 15, 1995.
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, in relation to relevant statutory and regulatory
requirements.
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 economic 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
Clean Air 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 small entities affected.
Moreover, due to the nature of the Federal-State relationship under the
CAA, preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
CAA forbids the EPA to base its actions concerning SIPs on such
grounds. (Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.
Ct. 1976); 42 U.S.C. 7410 (a)(2)).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 15, 1995. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review, nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not by challenged later in proceedings to enforce its
requirements (see section 307(b)(2)).
The Office of Management and Budget has exempted this action from
review under Executive Order 12866.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Reporting
and recordkeeping requirements, Volatile organic compounds.
Dated: March 3, 1995.
Jane N. Saginaw,
Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart T--Louisiana
2. Section 52.993 is added to read as follows:
Sec. 52.993 Emissions inventories.
(a) The Governor of the State of Louisiana submitted the 1990 base
year emission inventories for the Baton Rouge (BTR) and Calcasieu
Parish (CAL) ozone nonattainment areas on November 16, 1992 as a
revision to the State Implementation Plan (SIP). The 1990 base year
emission inventory requirement of section 182(a)(1) of the Clean Air
Act, as amended in 1990, has been satisfied for each of these areas.
[[Page 13912]]
(b) The inventories are for the ozone precursors which are volatile
organic compounds, nitrogen oxides, and carbon monoxide. The
inventories cover point, area, non-road mobile, on-road mobile, and
biogenic sources.
(c) The BTR nonattainment area is classified as Serious and
includes Ascension, East Baton Rouge, Iberville, Livingston, Point
Coupee, and West Baton Rouge Parishes; the CAL nonattainment area is
classified as Marginal and includes Calcasieu Parish.
[FR Doc. 95-6299 Filed 3-14-95; 8:45 am]
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