[Federal Register Volume 59, Number 69 (Monday, April 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8578]
[[Page Unknown]]
[Federal Register: April 11, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[LA-8-1-5733; FRL-4861-7]
Approval and Promulgation of Implementation Plans; Louisiana
State Implementation Plan Revision; Major Source Definition Corrections
for Reasonably Available Control Technology (RACT) Rules; Volatile
Organic Compounds (VOC) RACT Catch-ups
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The EPA is proposing to approve revisions to the Louisiana
State Implementation Plan (SIP) adopted by the Louisiana Department of
Environmental Quality on October 20, 1992. The Governor of Louisiana
submitted these revisions to the EPA on November 10, 1992. This SIP
revision contains regulations which require the implementation of RACT
for various types of VOC sources. These revisions are necessitated by
the inclusion of Livingston Parish in the Baton Rouge nonattainment
area, and the removal of the distinction between rural and urban ozone
nonattainment areas, called for by the Clean Air Act Amendments (CAAA)
of 1990. In addition, the rules have been revised to reflect the
lowering of the major source definition from 100 tons per year to 50
tons to insure all major sources adopt RACT. This action is being taken
under section 110 and subchapter I, part D, of the Clean Air Act (CAA),
as amended in 1990.
DATES: Comments on this proposed action must be received in writing by
May 11, 1994.
ADDRESSES: Comments should be mailed to Thomas H. Diggs, Chief, Air
Planning Section (6T-AP), USEPA, Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733. Copies of the State's submittal and other information
are available for inspection during normal hours at the above location
and at the following locations:
U.S. Environmental Protection Agency, Region 6, Air Programs Branch
(6T-A), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733.
Louisiana Department of Environmental Quality, Air Quality
Division, 7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810.
Anyone wishing to review these documents at the USEPA office is
asked to contact the person below to schedule an appointment 24 hours
in advance.
FOR FURTHER INFORMATION CONTACT: Mr. Mick Cote, Planning Section (6T-
AP), Air Programs Branch, U.S. Environmental Protection Agency, Region
6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 655-
7219.
SUPPLEMENTARY INFORMATION:
Background
Under the pre-amended Clean Air Act, ozone nonattainment areas were
required to adopt RACT rules for sources of VOC emissions. The EPA
issued three sets of control technique guideline (CTG) documents,
establishing a ``presumptive norm'' for RACT for various categories of
VOC sources. The three sets of CTGs were: (1) Group I--those issued
before January 1978 (15 CTGs); (2) Group II--those issued in 1978 (nine
CTGs); and (3) Group III--those issued in the early 1980's (five CTGs).
Those sources not covered by a CTG were called non-CTG sources. The EPA
determined that the area's attainment date determined which RACT rules
that the area needed to adopt and implement. Under CAA section 172,
ozone nonattainment areas were generally required to attain the ozone
standard by December 31, 1982. Those areas that submitted an attainment
demonstration projecting attainment by that date were required to adopt
RACT for sources covered by the Group I and II CTGs. Those areas that
sought an extension of the attainment date to as late as December 31,
1987, under CAA section 172 were required to adopt RACT for all CTG
sources and for all major non-CTG sources.
The Baton Rouge serious nonattainment area consists of six
parishes-East and West Baton Rouge, Ascension, Iberville, Livingston,
and Pointe Coupee. Under the pre-amended Act, the EPA designated the
Baton Rouge area as nonattainment. This area included East and West
Baton Rouge Parishes. The State established a pre-enactment attainment
date of 1982 for the Baton Rouge nonattainment area and, therefore,
RACT was required for Group I and Group II CTGs.
However, the Baton Rouge area did not attain the ozone standard by
the 1982 attainment date. Therefore, the area was called upon to adopt
the Group III CTGs. The area, however, continued to exceed the ozone
standard. On May 26, 1988, the EPA notified the Governor of Louisiana
that portions of the SIP were inadequate to attain and maintain the
ozone standard and requested that deficiencies in the existing SIP be
corrected (EPA's post-1987 SIP call). The SIP planning called for the
air quality area to be expanded to include the entire Metropolitan
Statistical Area (MSA). This decision was based on the conclusion that
the parameters considered in defining the areas that comprise the MSA
are basically the same factors that influence the formation of ozone,
namely large population centers and high commuter activity and that
sources (e.g., vehicles) throughout the MSA contribute to the area's
nonattainment. Consequently, Ascension, St. James1,
Iberville2, Livingston, and Pointe Coupee Parishes were included
in the SIP call area. On November 15, 1990, amendments to the 1977 CAA
were enacted (Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C.
7401-7671q). In amended section 182(a)(2)(A) of the CAA, Congress
statutorily adopted the requirement that pre-enactment ozone
nonattainment areas that retained their designation of nonattainment
and were classified as marginal or above, fix their deficient RACT
rules for ozone by May 15, 1991. The Baton Rouge area retained its
designation of nonattainment and was classified as serious (56 FR
56694-November 6, 1991). Louisiana corrected these rules in a series of
submissions. These rules were proposed for approval on September 30,
1992 (see 57 FR 45012). Pre-amendment guidance distinguished between
urban and rural nonattainment areas, ``urban'' and ``rural'' being
defined by population. Since urban areas were believed to need more
controls than rural areas, and CTGs were not meant to be all-
encompassing, States also had to develop RACT for non-CTG sources in
urban nonattainment areas. For the purposes of the post-1987 SIP calls,
East and West Baton Rouge Parishes were urban nonattainment, and
Ascension, Iberville, Pointe Coupee, and St. James Parishes were rural
nonattainment. The distinction between urban and rural did not affect
most of these revisions because, generally, Louisiana adopted rules on
a statewide basis. But it should be noted that some of the rules did
not apply to the same degree in all of the parishes covered by the
post-1987 SIP calls.
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\1\Air monitoring data since the post-1987 SIP call indicates
that St. James Parish may have attained the National Ambient Air
Quality Standards (NAAQS) for ozone. It has retained its
nonattainment designation but is classified as an incomplete data
area. Therefore, St. James Parish is not subject to section
182(a)(2)(A) of the amended act. Louisiana has, however, corrected
any deficiencies regarding enforceability of existing rules
applicable to St. James Parish, which is a requirement before the
parish can be redesignated to attainment. See the General Preamble
57 FR 13498, at 13525 (April 16, 1992).
\2\Although Iberville and Pointe Coupee were not part of the
MSA, the EPA included these parishes in the SIP call area because of
their proximity to the MSA and their nonattainment status based upon
the most recent air monitoring data.
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Section 182(b)(2) of the amended CAA requires States to adopt RACT
rules for all areas designated nonattainment for ozone and classified
as moderate or above. There are three parts to the section 182(b)(2)
RACT requirement: (1) RACT for sources covered by an existing CTG--
i.e., a CTG issued prior to the enactment of the CAAA of 1990; (2) RACT
for sources covered by a post-enactment CTG; and (3) RACT for all major
sources not covered by a CTG. This RACT requirement mandates that
nonattainment areas that previously were exempt from certain VOC RACT
requirements ``catch up'' to those nonattainment areas that became
subject to those requirements during an earlier period. In addition, it
requires newly designated ozone nonattainment areas to adopt RACT rules
consistent with those for previously designated nonattainment areas.
The major source definition for serious areas has been lowered
under the amended CAA to sources that emit or have the potential to
emit 50 tons per year (TPY) or greater of VOCs. Therefore, since the
Baton Rouge area is designated as serious, the State was required to
adopt RACT rules for all sources in the area which exceed this cut-off.
Prior to revision, two CTG source categories did not require controls
down to the 50 TPY level-petroleum drycleaners and graphic arts
sources. The Baton Rouge nonattainment area inventory does not contain
any major sources (potential to emit 50 TPY or greater) of petroleum
drycleaners. To meet the requirements of the CTG major source
definition, the State extended the applicability of RACT rules for
graphic arts sources to sources with a potential to emit 50 TPY and
greater. The Louisiana Department of Environmental Quality (LDEQ) also
reduced the cut-off exemption to 50 TPY (potential to emit) in some
existing regulations applicable to the Baton Rouge nonattainment area.
However, for non-CTG sources, Louisiana Administrative Code
(LAC):33:III.2115(H) changed the cutoff exemption to 50 TPY, rather
than 50 TPY potential to emit as required by the major source
definition in the CAA section 182(c). Therefore, EPA's approval of
LAC:33:III.2115(H) is contingent on the State's submission to EPA of a
negative declaration stating that no non-CTG sources exist in the Baton
Rouge nonattainment area which have a potential to emit of 50 TPY or
more of VOCs, and that none are expected.
In addition to the pre-enactment nonattainment area retaining its
nonattainment designation, the EPA also extended the nonattainment area
boundaries to include Livingston Parish (56 FR 56694), because all
portions of an MSA must be included in serious and above nonattainment
areas. Therefore, Livingston Parish is subject to RACT as defined in
section 182(b)(2). And, under the RACT catch-up provision of section
182(b)(2) and (c), the State was required, for Livingston Parish, to
submit RACT rules covering all pre-enactment CTGs, to identify all
sources that the State anticipates will be covered by a post-enactment
CTG, and to submit non-CTG rules for all remaining major sources,
including those with a potential to emit 50 TPY or greater of VOC
emissions. An explanation of which rules have been revised to include
Livingston Parish is addressed below under the heading EPA Evaluation.
VOCs contribute to the production of ground level ozone and smog.
Therefore, rules were required as part of an effort to achieve the
NAAQS for ozone. The following is the EPA's evaluation and proposed
action for Louisiana Air Code: Title 33: Rules 2103, Storage of
Volatile Organic Compounds; 2109, Oil/Water Separation; 2115, Waste Gas
Disposal; 2123, Organic Solvents; 2125, Vapor Degreasers; 2131, Filling
of Gasoline Storage Vessels; 2135, Bulk Gasoline Terminals; 2143,
Graphic Arts (Printing) by Rotogravure and Flexographic Processes.
EPA Evaluation
In determining the approvability of a VOC rule, the EPA must
evaluate the rule for consistency with the requirements of the CAA and
the EPA regulations, as found in section 110 and part D of the CAA and
40 CFR part 51 (Requirements for Preparation, Adoption, and Submittal
of Implementation Plans). The EPA interpretation of these requirements,
which forms the basis for today's action, appears in various EPA policy
guidance documents.
To evaluate these rules, the EPA used the CTGs and ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies and Deviations''
(Clarification to Appendix D. of November 24, 1987: 52 FR 45044). In
general, the technical review of these rules was completed for the RACT
``fix-up'' approval. For further information, see the RACT ``fix-up''
Technical Support Document. Further technical review was not necessary
because changes only extend the geographic coverage of existing rules
and lower the existing source cutoffs to be consistent with CAA
requirements.
The following rule revisions have been submitted, and the EPA
proposes full approval:
LAC:33:III.2103, 2109, 2115, 2131, 2135. Changes were made to these
rules to include the nonattainment parish of Livingston. Under the
CAAA of 1990, Livingston Parish became part of the Baton Rouge MSA
and hence a part of the nonattainment area.
LAC:33:III.2123, 2125, 2143. Changes were made to these rules to
include those parishes that were exempted from certain RACT
requirements due to their ``rural'' classification. RACT catch-up
removes the distinction between ``urban'' and ``rural''
nonattainment areas. Included parishes are Ascension, Iberville, and
Pointe Coupee.
LAC:33:III.2143. Graphic Arts (Printing) by Rotogravure and
Flexographic Processes. Section 182(b)(2)(C) of the CAAA requires
the institution of RACT for all major sources. This rule was revised
to be applicable to sources with a potential to emit at least 50 TPY
of VOCs to insure all major sources are covered by RACT.
LAC:33:III.2115(H). Waste Gas Disposal Exemptions. This rule was
revised to insure that all non-CTG major sources adopt RACT. The
revision covers sources with at least 50 TPY of VOC emissions. This
revision in itself does not fully satisfy section 182 (b)(2)(c),
since the revision does not identify those sources with a
``potential to emit'' 50 TPY. As mentioned previously, the State
must present a negative declaration concerning non-CTG major sources
in the Baton Rouge nonattainment area for final approval of these
revisions to proceed. Additionally, this rule is designed to exempt
waste gas streams that are small and are not part of the emissions
of certain facilities. Changes were made to the exemptions portion
of this rule to allow for the State to grant exemptions to the Waste
Gas Disposal rule requirements without the need for EPA approval if
specific emissions criteria are met. Prior to this revision, EPA
evaluation of all exemption requests was required. However, since
certain emission levels are specifically quantified for exemptions,
the EPA believes it is unnecessary to review applications based on
emission level criteria. However, the EPA must still evaluate and
approve any exemption application that is based on economic, safety,
or impractical considerations.
Proposed Action
The EPA has evaluated the State's submittal for consistency with
the CAA, EPA regulations, and EPA policy. The EPA has determined that
the proposed rules, with the exception of LAC:33:III. 2115, meet the
CAA's requirements and today is proposing approval under section
110(k)(3) of the above mentioned rules and is soliciting public
comments. Final approval of these revisions will be based upon receipt
by EPA of the aforementioned letter of negative declaration for major
non-CTG sources in the Baton Rouge area. Comments submitted will be
considered before taking final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to the EPA Regional Office listed in the ADDRESSES section of
this action.
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.
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 government entities with
jurisdiction over population 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. EPA, 427 U.S. 246, 256-66 (1976); 42 U.S.C.
7410(a)(2)).
Executive Order 12291
This action has been classified as a table two action by the
Regional Administrator under the procedures published in the Federal
Register on January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the
Office of Management and Budget (OMB) waived table two and three SIP
revisions from the requirements of section three of Executive Order
12291 for a period of two years (54 FR 2222). The EPA has submitted a
request for a permanent waiver for table two and three SIP revisions.
The OMB has agreed to continue the waiver until such time as it rules
on the EPA's request. This request continues in effect under Executive
Order 12866, which superseded Executive Order 12291 on September 30,
1993.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental regulations, Reporting
and recordkeeping, Ozone, and Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: March 31, 1994.
Joe D. Winkle,
Acting Regional Administrator.
[FR Doc. 94-8578 Filed 4-8-94; 8:45 am]
BILLING CODE 6560-50-F
