94-8355. Approval and Promulgation of Implementation Plan: Louisiana Emission Statement  

  • [Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
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    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-8355]
    
    
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    [Federal Register: April 7, 1994]
    
    
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    NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
    40 CFR Part 52
    
    [LA-13-1-5940; FRL-4860-6]
    
     
    
    Approval and Promulgation of Implementation Plan: Louisiana 
    Emission Statement
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice of proposed rulemaking.
    
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    SUMMARY: This action proposes to approve a revision to the Louisiana 
    State Implementation Plan (SIP) to include revisions to the Louisiana 
    Department of Environmental Quality (LDEQ) Regulation Title 33, Part 
    III, Chapter 9, General Regulations on Control of Emissions and 
    Emission Standards, Section 919, Emission Inventory. These revisions 
    are for the purpose of implementing an emission statement program for 
    stationary sources within the ozone nonattainment areas. The 
    implementation plan was submitted by the State to satisfy the Federal 
    requirements for an emission statement program as part of the SIP for 
    Louisiana.
    
    DATES: Comments on this proposed action must be received in writing by 
    May 9, 1994. Comments should be addressed to the contact indicated 
    below.
    
    ADDRESSES: Written comments on this action should be addressed to Mr. 
    Thomas H. Diggs, Chief, Planning Section, at the EPA Regional Office 
    listed below. Copies of the documents relevant to this 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, Air Programs Branch 
    (6T-AP), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
        Louisiana Department of Environmental Quality, Air Quality 
    Division, 7290 Bluebonnet, Baton Rouge, Louisiana 70810.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Herbert R. Sherrow, Jr., Planning 
    Section (6T-AP), Air Programs Branch, U.S. EPA Region 6, 1445 Ross 
    Avenue, Dallas, Texas 75202-2733, Telephone (214) 655-7237.
    
    SUPPLEMENTARY INFORMATION: The air quality planning and SIP 
    requirements for ozone nonattainment and transport areas are set out in 
    subparts I and II of part D of title I of the Clean Air Act (CAA or 
    ``the Act''), as amended by the Clean Air Act Amendments (CAAA) of 
    1990. The EPA has published a ``General Preamble'' describing the EPA's 
    preliminary views on how the EPA intends to review SIPs and SIP 
    revisions submitted under Title I of the CAA, including those State 
    submittals for ozone transport areas within the States (see 57 FR 13498 
    (April 16, 1992) (``SIP: General Preamble for the Implementation of 
    title I of the Clean Air Act Amendments of 1990''), 57 FR 18070 (April 
    28, 1992) (``Appendices to the General Preamble''), and 57 FR 55620 
    (November 25, 1992) (``SIP: NOX Supplement to the General 
    Preamble'')).
        The EPA has also issued a draft guidance document describing the 
    requirements for the emission statement programs discussed in this 
    notice, entitled ``Guidance on the Implementation of an Emission 
    Statement Program'' (July 1992). The Agency is also conducting a 
    rulemaking process to modify 40 CFR part 40 to reflect the requirements 
    of the emission statement program.
        Section 182 of the Act sets out a graduated control program for 
    ozone nonattainment areas. Section 182(a) sets out requirements 
    applicable in marginal nonattainment areas, which are also made 
    applicable in subsections (b), (c), (d), and (e) to all other ozone 
    nonattainment areas. Among the requirements in section 182(a) is a 
    program in paragraph (3) of that subsection for stationary sources to 
    prepare and submit to the State each year emission statements showing 
    actual emissions of volatile organic compounds (VOC) and nitrogen 
    oxides (NOX). This paragraph provides that the States are to 
    submit a revision to their SIPs by November 15, 1992, establishing this 
    emission statement program. Whatever minimum reporting level is 
    established in a State emission statement program, if either VOC or 
    NOX is emitted at or above the designated level, the other 
    pollutant should be included in the emission statement, even if it is 
    emitted at levels below the specified cutoffs.
        The CAA requires facilities to submit the first emission statement 
    to the State within three years after November 15, 1990, and annually 
    thereafter. The EPA requests that the States submit the emission data 
    to the EPA through the Aerometric Information Retrieval System (AIRS). 
    The minimum emission statement data should include: certification of 
    data accuracy, source identification information, operating schedule, 
    emissions information (to include annual and typical ozone season day 
    emissions), control equipment information, and process data. The EPA 
    developed emission statements data elements to be consistent with other 
    source and State reporting requirements. This consistency is essential 
    to assist States with quality assurance for emission estimates and to 
    facilitate consolidation of all EPA reporting requirements.
        In addition to the submission of the emission statement data to 
    AIRS, States should provide the EPA with a status report that outlines 
    the degree of compliance with the emissions statement program. 
    Beginning July 1, 1993, States should report quarterly to the EPA the 
    total number of sources affected by the emission statement provisions, 
    the number that have complied with the provisions, and the number that 
    have not. This status report should also include the total annual and 
    typical ozone season day emissions from all reporting sources, both 
    corrected and noncorrected for rule-effectiveness. States should 
    include in their status report a list of sources that are delinquent in 
    submitting their emission statement and that emit 500 tons per year 
    (TPY) or more of VOC or 2500 TPY or more of NOX. This report 
    should be a quarterly submittal until all the regulated sources have 
    complied for the reporting year. Suggested submittal dates for the 
    quarterly status reports are July 1, October 1, January 1, and April 1.
    
    Analysis of State Submission
    
    1. Procedural Background
    
        The Act requires States to observe certain procedural requirements 
    in developing its SIP, of which the emission statement program will 
    become a part. Section 110(a)(2) of the Act provides that each 
    implementation plan submitted by a State must be adopted after 
    reasonable notice and public hearing.1 Section 110(l) similarly 
    provides that each revision to an implementation plan submitted by a 
    State under the CAAA must be adopted by such State after reasonable 
    notice and public hearing.
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        \1\Also Section 172(c)(7) of the Act requires that plan 
    provisions for nonattainment areas meet the applicable provisions of 
    section 110(a)(2).
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        The EPA must at the outset determine whether a submittal is 
    complete and therefore warrants further EPA review and action (see 
    section 110(k)(1) and 57 FR 13565). The EPA's completeness criteria for 
    SIP submittals are set out at 40 CFR part 51, Appendix V (1991), as 
    amended by 57 FR 42216 (August 26, 1991). The EPA attempts to make 
    completeness determinations within 60 days of receiving a submission. 
    However, under section 110(k)(1)(B), a submittal is deemed complete by 
    operation of law if a completeness determination is not made by the EPA 
    six months after receipt of the submission.
        The State passed an emergency regulation after following all 
    applicable State Administrative Procedures Act requirements for 
    submittal to the EPA by November 15, 1992, to satisfy CAA requirements. 
    The State subsequently entered into State rulemaking for a permanent 
    regulation. It was submitted to public hearing on December 30, 1992. 
    The State addressed public comments and made minor adjustments. 
    Following the public hearing, the final rule was adopted by the State 
    and submitted to the EPA as a proposed revision to the SIP on March 3, 
    1993. The permanent emission statement regulations were then codified 
    at LAC 33:III.919.
        The March 3, 1993, SIP revision was reviewed by the EPA to 
    determine completeness 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 submittal was found to be complete, 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. The provisions of the regulation are outlined under the 
    analysis of the State's submission below.
    
    2. Components of Emission Statement Program
    
        There are several key general and specific components of an 
    acceptable emission statement program. Specifically, the State must 
    submit a revision to its SIP, and the emission statement program must 
    meet the minimum requirements for reporting by the sources and the 
    State. In general, the program must include, at a minimum, provisions 
    for applicability, definitions, compliance, and specific source 
    requirements detailed below.
    
        A. SIP Revision Submission. Required within two years of 
    enactment of the CAAA of 1990 (November 15, 1990).
        B. Program Elements. The State emission statement program must, 
    at a minimum, include provisions covering applicability of the 
    regulations, definitions for key terms used in the regulations, a 
    compliance schedule for sources covered by the regulations, and the 
    specific reporting requirements for sources. The emission statement 
    submitted by the source should contain, at a minimum, a 
    certification that the information is accurate to the best knowledge 
    of the individual certifying the statement, source identification 
    information, operating information, process rate data, control 
    equipment information, and emissions information. These elements are 
    described in greater detail in section D of this document. The EPA 
    recommends that the State program require the submission of the data 
    from the sources no later than April 15 of each year to insure that 
    the State can meet the July 1 deadline for the submission of data 
    into AIRS each year. The guidance document prepared by the EPA 
    provides a draft model State rule which can be used as the basis for 
    the States to develop their program. The guidance document also 
    provides suggested language for the specific program elements.
        C. Sources Covered. Section 182(a)(3)(B) requires that States 
    with areas designated as nonattainment for ozone require emission 
    statement data from sources of VOC or NOX in the nonattainment 
    areas. This requirement applies to all ozone nonattainment areas, 
    regardless of the classification (marginal, moderate, etc.).
    
    
        The States may waive, with EPA approval, the requirement for 
    emission statements for classes or categories of sources with less than 
    25 tons per year of actual plant-wide NOX or VOC emissions in 
    nonattainment areas if the class or category is included in the base 
    year and periodic inventories and emissions are calculated using 
    emission factors established by the EPA (such as those found in EPA 
    publication AP-42) or other methods acceptable to the EPA. States 
    should get clearance from the appropriate EPA Regional Office to waive 
    the emission statement requirement for these smaller sources.
    
        D. Reporting Requirements for Sources. The State requires 
    facilities to report on a form supplied by the State. Sources 
    covered by the State emission statement program should submit, at a 
    minimum, the following data elements:
    
    1. Source identification information
    2. Operating information
    3. Process rate data
    4. Control equipment information
    5. Emissions information
    
    3. Review of the State's Emission Statement Regulations
    
    Applicability
        The applicability of the regulation to ozone nonattainment areas is 
    documented in subsection A.1. The rule applies to the owner or operator 
    of facilities in the State in an ozone nonattainment area emitting a 
    minimum of 10 TPY of VOC, 25 TPY of NOX, or 100 TPY of carbon 
    monoxide (CO), or any facility that has the potential to emit 
    (``allowables'' in a facility's permit) 50 TPY or more of VOC in an 
    area designated as an ozone adjoining area. If either VOC or NOX 
    is emitted at or above the minimum required reporting level, the other 
    pollutant must be included even if it is emitted at levels below the 
    specified cutoff.
    Types of Inventories
        The Annual Emission Statement (AES) requirement for ozone 
    nonattainment areas is documented in subsection B.1. This subsection 
    requires stationary sources identified in subsection A. to submit an 
    AES for all criteria pollutant including VOC. The AES shall consist of 
    an inventory of actual emissions of VOC, NOX, and CO, and the 
    certifying statement.
    Ozone Nonattainment Area Statement
        The requirement for ozone nonattainment area's statements is 
    documented in subsection B.3. This subsection requires stationary 
    sources in ozone nonattainment areas emitting a minimum of 10 TPY of 
    VOC, 25 TPY of NOX, or 100 TPY of CO to submit an annual 
    statement. The statement shall consist of actual annual emissions and 
    typical weekday emissions that occur during the three-month period of 
    greatest or most frequent ozone exceedences as published by the 
    Department in the Enforcement and Regulatory Compliance notice that is 
    mailed out monthly from the Division of Legal Affairs and Enforcement. 
    ``Typical weekday'' emissions are defined as an ``average'' of two 
    actual daily emissions rates (one at the lowest emission rate and one 
    at the highest emission rate) during a seven-day period.
    Minimum Data Requirements
        The minimum data requirements are documented in subsection B.5. The 
    data requirements include a certifying statement, facility 
    identification information, operating information, process rate data, 
    control equipment information, and emissions information.
        A statement is required from the owner or operator to accompany the 
    emission statement certifying that the information is true and accurate 
    to the best knowledge of the certifying official. The certification 
    will include the name, title, signature, date of signature, and 
    telephone number of the certifying official (subsection B.5.a.).
        Source data elements required by the Louisiana regulation are:
    
    1. Facility identification information (subsection B.5.b.)
        a. Full name, physical location, and mailing address of facility.
        b. Universal Transverse Mercator horizontal and vertical 
    coordinates.
        c. Standard Industrial Classification code(s).
    2. Operating information (subsection B.5.c.)
        a. Percentage annual throughput by season.
        b. Days per week during the normal operating schedule.
        c. Hours per day during the normal operating schedule.
        d. Hours per year during the normal operating schedule.
    3. Process rate data (subsection B.5.d.)
        a. Annual process rate (annual throughput).
        b. Peak ozone season daily process rate (in nonattainment areas.
    4. Control equipment information (subsection B.5.e.)
        a. Current primary and secondary AIRS Facility Subsystem (AFS) 
    control equipment identification codes.
        b. Current control equipment efficiency (percent).
    5. Emissions information (subsection B.5.f.)
        a. Estimated actual VOC and/or NOX emissions at the segment 
    level, in TPY for an annual emission rate and pounds per day for a 
    typical ozone season day (defined as the average or typical operating 
    day during the peak ozone season). Actual emission estimates must 
    include upsets, downtime, and fugitive emissions, and must follow an 
    ``emission estimation method''. Emissions will be reported as one 
    number.
        b. AFS estimated emissions method code.
        c. Emission factor (if emissions were calculated using an emissions 
    factor).
    Calculations
        Calculations of emissions are documented in subsection C. The 
    subsection specifies actual measurement with continuous monitoring 
    systems (CEMS) is the desired method of calculating emissions from a 
    point source. In lieu of CEMS data, emissions may be calculated using 
    methods found in the most recent edition of the Compilation of Air 
    Pollution Emission Factors (AP-42), or calculations published in 
    Engineering Journals with prior administrative approval from the 
    Assistant Secretary.
    Reporting Requirements
        The reporting requirements are documented in subsection E. The 
    reporting deadline for the 1992 ozone nonattainment area is March 31, 
    1993, unless otherwise directed by the Secretary of the LDEQ. 
    Subsequent emission statements are due on March 31 of each year, unless 
    otherwise directed by the Secretary of the LDEQ, and will contain data 
    for the previous year.
    Enforcement
        The enforcement requirements are documented in subsection F. The 
    State of Louisiana has included language in its regulation that permits 
    the State to enforce the provisions of the regulation under all 
    pertinent State enforcement authorities.
        All measures and other elements in the SIP must be enforceable by 
    the State and EPA. The EPA criteria addressing the enforceability of 
    SIPs and SIP revisions were stated in a September 23, 1987, memorandum 
    (with attachments) from J. Craig Potter, Assistant Administrator for 
    Air and Radiation, et al. (see 57 FR 13541). SIP provisions must also 
    contain a program that provides for enforcement of the control measures 
    and other elements in the SIP (see section 110(a)(2)(C)).
    Technical Correction
        In reviewing the State's submitted permanent regulation, a 
    technical error was discovered in subsection B.2.a. This subsection 
    contains a reference to subsection B.2.d., when it should refer to 
    subsection B.2.c. This appears to be a typographical error and is not 
    substantive since it is unlikely that it would lead to a 
    misinterpretation of the regulation. This error has been discussed with 
    the State, and the State has agreed to amend the regulation to correct 
    the error through the State's rulemaking process. Final EPA rulemaking 
    will not occur until the State has made the correction and submitted 
    documentation of evidence that the error has been corrected. The EPA 
    expects the correction will be made by June 30, 1994.
    Proposed Action
        In today's action, the EPA is proposing final approval of the 
    Louisiana emission statement program SIP submittal and invites public 
    comment on the action.
        The analysis of the Louisiana regulation shows that it adequately 
    addresses all components of an emission statement program.
        In addition, the State has agreed to provide the EPA with emission 
    statement data for the EPA AIRS through the State's grants commitments 
    and to provide quarterly status reports.
        The EPA has reviewed this request for revision of the Federally-
    approved SIP for conformance with the provisions of the 1990 CAAA of 
    November 15, 1990. The EPA has determined that this action conforms 
    with those requirements.
        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, economical, 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, 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.
        The 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 
    (S. Ct. 1976; 42 U.S.C. 7410(a)(2)).
    
    Executive Order 12866
    
        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), as revised by an 
    October 4, 1993, memorandum from Michael H. Shapiro, Acting Assistant 
    Administrator for Air and Radiation. A future document will inform the 
    general public of these tables. On January 6, 1989, the Office of 
    Management and Budget (OMB) waived Table Two and Table Three SIP 
    revisions (54 FR 2222) from the requirements of section three of 
    Executive Order 12291 for two years. The EPA has submitted a request 
    for a permanent waiver for Table Two and Table Three SIP revisions. The 
    OMB has agreed to continue the temporary 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, Emission 
    statements, Hydrocarbons, Intergovernmental relations, Nitrogen oxide, 
    Oxides of nitrogen, SIP requirements, and Volatile organic compounds.
    
        Authority: 42 U.S.C. 7401-7671q.
    
        Dated: March 22, 1994.
    Jane N. Saginaw,
    Regional Administrator.
    [FR Doc. 94-8355 Filed 4-6-94; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Published:
04/07/1994
Department:
National Archives and Records Administration
Entry Type:
Uncategorized Document
Action:
Notice of proposed rulemaking.
Document Number:
94-8355
Dates:
Comments on this proposed action must be received in writing by
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: April 7, 1994, LA-13-1-5940, FRL-4860-6
CFR: (1)
40 CFR 52