[Federal Register Volume 64, Number 127 (Friday, July 2, 1999)]
[Rules and Regulations]
[Pages 35930-35941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16927]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[LA-29-1-7403; FRL-6370-8]
Approval and Promulgation of Air Quality Implementation Plans;
Louisiana: Reasonable-Further-Progress Plan for the 1996-1999 Period,
Attainment Demonstration, Contingency Plan, Motor Vehicle Emission
Budgets, and 1990 Emission Inventory for the Baton Rouge Ozone
Nonattainment Area; Louisiana Point Source Banking Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: In this action, the EPA is finalizing its approval of
revisions to the Louisiana State Implementation Plan (SIP) for the
Baton Rouge ozone nonattainment area. These revisions were submitted by
the State of Louisiana for the purpose of satisfying the Post-1996
Rate-of-Progress (ROP), Attainment Demonstration, and Contingency Plan
requirements of the Federal Clean Air Act (the Act), which will aid in
ensuring the attainment of the National Ambient Air Quality Standard
(NAAQS) for ozone. The EPA is also approving the associated 1999 Motor
Vehicle Emissions Budgets (MVEBs) for the area.
The EPA is also taking final action to approve additional SIP
revisions submitted by Louisiana including codifying revisions that
were made to the 1990 base year emission inventory and submitted to the
EPA as part of the Baton Rouge 15% Rate-of-Progress Plan approved on
October 22, 1996. Furthermore, the EPA is approving additional
revisions to the 1990 base year emissions inventory submitted as part
of the Post-1996 ROP Plan. The EPA is also approving the State's point
source banking regulations. This rulemaking action is being taken under
sections 110, 301, and part D of the Act.
EFFECTIVE DATE: This action is effective on August 2, 1999.
[[Page 35931]]
ADDRESSES: Information relevant to this rulemaking is available for
viewing during normal business hours at the following locations.
Persons interested in examining these documents should make an
appointment with the appropriate office at least 24 hours before the
visiting day.
Environmental Protection Agency, Region 6, Air Planning Section
(6PD-L), 1445 Ross Avenue, Suite 700, Dallas, Texas 70202-2733.
Louisiana Department of Environmental Quality, Office of Air Quality
and Radiation Protection, H.B. Garlock Building, 7290 Bluebonnet
Boulevard, Baton Rouge, Louisiana 70810.
FOR FURTHER INFORMATION CONTACT: Ms. Jeanne Schulze, Air Planning
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7254.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. Summary of Today's Action
B. Clean Air Act Requirements
1. Reasonable Further Progress (RFP) Requirements
2. Contingency Measures Requirements
3. Motor Vehicle Emissions Budgets
4. Attainment Demonstration Requirements
C. Related SIP Approvals
D. Current SIP Submittals
II. Analysis of the Submittals
A. Post-1996 Rate-of-Progress Plan
1. Introduction
2. Base Year Emissions Inventory
3. Adjusted Base Year Inventory
4. Required Rate-of-Progress Reductions
5. Fleet Turnover Correction Term
6. Calculation of Target Level of Emissions
7. Growth Calculations
a. Introduction
b. EPA Action
8. Total Required Reductions
9. Measures to Achieve the Required Reductions
a. Introduction
b. EPA Action
B. Motor Vehicle Emission Budgets
1. Introduction
2. EPA Action
C. Contingency Measures
1. Introduction
2. Point Source Emissions Banking
3. EPA Action
D. Additional Rule Submitted
E. Attainment Demonstration
1. Introduction
2. EPA Action
a. Episode Selection and Base Case Performance
b. Attainment Test
c. Photochemical Grid Model Used
d. Demonstration of Attainment
e. Modeling Evaluation
f. Control Strategy Evaluation
III. Final Rulemaking Action
IV. Administrative Requirements
A. Executive Order 12866
B. Executive Order 12875
C. Executive Order 13045
D. Executive Order 13084
E. Regulatory Flexibility Act
F. Unfunded Mandates
G. Submission to Congress and the Comptroller General
H. Petition for Judicial Review
I. Background
A. Summary of Today's Action
The EPA is finalizing approval of revisions to the SIP for the
Baton Rouge ozone nonattainment area including the Post-1996 ROP Plan,
Attainment Demonstration, and Contingency Plan. In addition, the EPA is
approving the associated 1999 MVEBs, revisions to the 1990 base year
emission inventory, and the Louisiana Point Source Banking Regulations.
The EPA proposed approval of these SIP revisions on August 18, 1998
(63 FR 44192). The public comment period on the proposed rulemaking
ended on October 19, 1998. The EPA received no public comments on its
proposal. Accordingly, in today's rulemaking, the EPA is taking final
approval action to approve these revisions, which are summarized in the
following discussion. For more details on these SIP submittals,
relevant Clean Air Act requirements, etc., please refer to the EPA's
proposed rulemaking action.
B. Clean Air Act Requirements
1. Reasonable Further Progress (RFP) Requirements
Section 182(c)(2)(B) of the Act requires each State having one or
more ozone nonattainment areas classified as serious or worse to
develop a plan by November 15, 1994, that provides for additional
actual volatile organic compound (VOC) reductions of at least three
percent per year, averaged over each consecutive three year period,
beginning six years after enactment of the Act, until such time as
these areas have attained the NAAQS for ozone. These plans are referred
to hereafter as Post-1996 ROP Plans. These plans were due to be
submitted to the EPA as a SIP revision by November 15, 1994.
Section 182(b)(1) of the Act mandates a 15 percent VOC emission
reduction, net of growth, between 1990 and 1996 for each State having
one or more ozone nonattainment areas classified as moderate or worse.
That SIP revision was due to the EPA by November 15, 1993. The plan for
these reductions occurring between 1990-1996 is hereafter referred to
as the 15% ROP Plan.
Sections 182(b)(1)(C), 182(b)(1)(D) and 182(c)(2)(B) of the Act
limit the creditability of certain control measures toward the ROP
requirements. Specifically, States cannot take credit for reductions
achieved by Federal Motor Vehicle Control Program (FMVCP) measures
(e.g., new car emissions standards) promulgated prior to 1990, or for
reductions stemming from regulations promulgated prior to 1990 to lower
the volatility (i.e., Reid Vapor Pressure (RVP)) of gasoline.
Furthermore, the Act does not allow credit towards ROP requirements for
post-1990 corrections to existing motor vehicle Inspection and
Maintenance
(I/M) Programs or corrections to Reasonably Available Control
Technology (RACT) rules, since these programs were required to be in
place prior to 1990. Emissions and emissions reductions shall be
calculated on a typical weekday basis for the ``peak'' 3-month ozone
period (generally June through August).
2. Contingency Measures Requirements
Sections 172(c)(9) and 182(c)(9) of the Act require contingency
measures to be included in the ROP and attainment plans. These measures
are required to be implemented immediately if reasonable further
progress has not been achieved, or if the NAAQS is not met by the
deadline set forth in the Act.
3. Motor Vehicle Emissions Budgets
Section 176(c) of the Act, and 40 CFR 51.452(b) of the Federal
Transportation Conformity Rule require States to establish motor
vehicle emissions budgets in any control strategy SIP that is submitted
for attainment and maintenance of the NAAQS.
4. Attainment Demonstration Requirements
Under section 182(c)(2)(A) of the Act, States required to submit
Post-1996 ROP Plans, by November 15, 1994, for serious or worse ozone
nonattaiment areas, must also submit for those areas an attainment
demonstration to provide for achievement of the ozone NAAQS by the
statutory deadline. This demonstration is to be based on photochemical
grid modeling, such as the Urban Airshed Model (UAM), or an equivalent
analytical method. The reader is referred to the proposal for a
discussion of the relevant EPA memoranda on attainment demonstration
submissions.
The Baton Rouge ozone nonattainment area is classified as
``serious'' and is subject to the section 182(b)(1) 15% ROP
requirements, section 182(c)(2)(B) Post-1996 ROP requirements, and
section 182(c)(2)(A) attainment demonstration requirements. The Baton
Rouge ozone nonattainment
[[Page 35932]]
area is comprised of the following parishes: East Baton Rouge, West
Baton Rouge, Ascension, Livingston, and Iberville. As a serious ozone
nonattainment area, Baton Rouge has a statutory attainment date of
November 15, 1999. Therefore, the area's Post-1996 ROP requirement is
to achieve an overall 9 percent reduction in actual VOCs (net of
growth) during the period 1996-1999 pursuant to section 182(c)(2)(B) of
the Act.
C. Related SIP Approvals
As stated previously, section 182(b)(1) of the Act requires that
moderate and above ozone nonattainment areas reduce their 1990
emissions of VOCs by 15 percent (net of growth) on or before November
15, 1996. The 15% ROP Plan submittals were required to be submitted to
the EPA by November 15, 1993. The EPA approved Louisiana's 15% ROP Plan
on October 22, 1996 (61 FR 54737).
The following is a summary of the emissions reductions in the 15%
ROP Plan:
------------------------------------------------------------------------
Louisiana 15 percent ROP plan required reductions
(Excluding RVP/FMVCP) (Tons/Day)
------------------------------------------------------------------------
15% ROP Reduction.......................................... 29.7
I/M Correction............................................. 1.3
RACT Correction............................................ 0.0
Growth..................................................... 3.8
Total................................................ 34.8
============
Reductions In the Plan:
Stage II Vapor Recovery................................ 3.4
Vents to Flares........................................ 3.7
Marine Vapor Recovery.................................. 8.6
Tank Fitting Controls.................................. 7.9
Fugitive Emission Controls............................. 10.4
Federal Rules (Wastewater National Emission Standards 1.5
for Hazardous Air Pollutants; Volatile Organic Storage
New Source Performance Standards).....................
Compliance Orders/Permits.............................. 1.0
Other (Tank Vent Recovery, Secondary Roof Seal on Tank) .9
------------
Total................................................ 37.4
------------
Surplus Reductions (To Be Carried Over to Post-1996 2.6
Rate-of-Progress Plan)................................
------------------------------------------------------------------------
Louisiana subsequently submitted a site-specific revision to the
approved 15% ROP Plan on December 20, 1997. On May 11, 1998, the EPA
approved the 15% ROP Plan revision (63 FR 25773).
In another rulemaking action, the EPA redesignated Pointe Coupee
Parish, which was formerly part of the six-parish Baton Rouge
nonattainment area, to attainment for the ozone NAAQS (62 FR 648, dated
January 6, 1997). The Baton Rouge area was designated nonattainment for
ozone and classified as serious pursuant to sections 107(d)(4) and
181(a) of the Act (56 FR 56694, dated November 6, 1991). (It should be
noted that, in the August 18, 1998, proposal, the EPA did not reopen or
request comment on the approval actions described in this section.)
D. Current SIP Submittals
In a letter from the Governor dated November 10, 1994, the State of
Louisiana submitted to the EPA the Post-1996 ROP Plan and attainment
demonstration according to section 182(c)(2). The combined plan
submittal addressed both the 9 percent VOC emissions reduction
requirement and the requirement to demonstrate attainment of the ozone
NAAQS by the area's statutory attainment date, November 15, 1999. The
SIP submittal was deemed administratively complete on May 15, 1995, by
operation of law pursuant to section 110(k)(1)(B) of the Clean Air Act.
Subsequently, on December 22, 1995, the Governor of Louisiana
submitted revisions to the November 10, 1994, submittal. The EPA
determined that, in effect, this revised Post-1996 ROP Plan and
Attainment Demonstration superseded the previous submittal.1
The plan was determined to be administratively complete on March 22,
1996. The revisions that Louisiana made to the plan substantially
modified the mix of control measures utilized to satisfy the 9% ROP
requirement, and also made changes to the attainment demonstration
based on the EPA's draft guidance document on attainment modeling
entitled, Guidance on Use of Modeled Results to Demonstrate Attainment
of the Ozone NAAQS. As provided for by the draft guidance document on
modeling, the submittal included a weight-of-evidence determination in
support of the urban airshed modeling results.
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\1\ In this submittal, the State deleted several of the
appendices found in the previous submittal and substantially revised
the remaining portion of the plan (i.e., control strategy, modeling
demonstration, etc.). The December 22, 1995, submittal is capable of
standing alone and does not rely on the November 10, 1994, submittal
to be a complete plan. As such, the EPA's legal obligation to act on
the State's original Post-1996 ROP Plan/Attainment Demonstration
submittal, dated November 10, 1994, is rendered moot.
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Finally, on January 2, 1997, the Governor of Louisiana submitted a
revision to the December 22, 1995, submittal. The 1997 submittal
included significant changes to the 1990 base year emissions inventory
(and associated 15% and 9% ROP reductions) to account for the impending
redesignation of Pointe Coupee Parish to ozone attainment. Also, the
1997 submittal incorporated into the 1990 base year emissions inventory
previously unreported emissions from several point sources. In
addition, the 1997 submittal removed the emission reduction credits
taken for the vehicle I/M control measure in the December 22, 1995,
submittal, and replaced them with additional point source emission
reductions. Furthermore, the submittal incorporated enhanced mobile
modeling required by Federal conformity regulations, and also included
an analysis of how removal of the I/M reductions would impact the
modeling results submitted in the December 22, 1995, attainment
demonstration. The 1997 submittal was determined to be administratively
complete on June 20, 1997.
In addition, Louisiana submitted its contingency measure, point
source emissions reduction banking
[[Page 35933]]
regulations, as part of the December 15, 1995, 15% ROP Plan pursuant to
sections 172(c)(9) and section 182(c)(9) of the Act. The State
subsequently submitted the same contingency measure in both the
December 22, 1995, and January 2, 1997, Post-1996 ROP/attainment
demonstration submittals. The EPA deferred taking action on the
regulations in the context of the 15% ROP Plan approval until its
rulemaking action on the Post-1996 ROP Plan/attainment demonstration
SIP. (The rationale is explained in more detail in the EPA's rulemaking
on the 15% ROP Plan, along with the associated Technical Support
Document (TSD).)
II. Analysis of the Submittals
The EPA has reviewed the State's submittals for consistency with
the Act and applicable EPA regulations and policy. A summary of the
EPA's analysis is provided below. More detailed support and technical
discussion are contained in the proposed rulemaking and associated TSD
entitled, ``TSD for Proposed Clean Air Act Approval and Promulgation of
the Post-1996 Rate-of-Progress Plan and Attainment Demonstration for
the Baton Rouge Ozone Nonattainment Area (July 1998).''
A. Post-1996 Rate-of-Progress Plan
1. Introduction
As stated previously, section 182(c)(2)(B) of the Act requires each
serious and above ozone nonattainment area to submit a SIP revision by
November 15, 1994, which provides for an actual reduction in VOC
emissions of at least three percent per year averaged over each
consecutive 3-year period, beginning 6 years after enactment of the
Clean Air Act Amendments of 1990 (CAAA), until the area attains the
ozone standard.
2. Base Year Emissions Inventory
Under section 182(b)(1)(B), the baseline from which States
determine the required reductions for ROP planning is the 1990 base
year emissions inventory. The inventory is broken down into several
emissions source categories: stationary, area, on-road mobile, off-road
mobile, and biogenics. The EPA originally approved the Louisiana 1990
base year emissions inventory on March 15, 1995 (60 FR 13911).
Louisiana's December 15, 1995, submittal made a number of
adjustments to the base year inventory. The EPA acted upon the revised
1990 base year inventory as part of its rulemaking on the 15% ROP Plan.
In that rulemaking, however, the EPA failed to codify its approval of
the revised base year inventory in the Code of Federal Regulations
(CFR) (specifically, 40 CFR part 52). In this rulemaking, the EPA is
taking final action to codify its approval of the revised base year
inventory (in the context of the rulemaking on the 15% ROP Plan). It
should be noted that, in the August 18, 1998, proposal, the EPA did not
reopen or ask for comment on its March 15, 1995, approval of the base
year inventory.
Louisiana's January 2, 1997, submittal made a number of additional
revisions to the 1990 base year emissions inventory. The following
table compares the revised 1990 base year VOC emissions cited in the
January 2, 1997, submittal, with those cited in the approved 15% Plan
rulemaking.
Baton Rouge, Louisiana, 1990 Base Year Inventory
[Ozone Seasonal VOC Emissions (Tons/Day)]
----------------------------------------------------------------------------------------------------------------
Point Onroad Nonroad
Plan submittal source Area source mobile mobile Biogenic Total
emissions emissions emissions emissions emissions
----------------------------------------------------------------------------------------------------------------
12/15/95.......................... 115.40 26.30 55.50 23.20 120.91 341.31
1/2/97............................ 115.00 25.40 53.40 21.80 99.60 315.20
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Difference........................ .40 .90 2.10 1.40 21.31 26.11
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The bases for these changes to the inventory were discussed in
detail in the EPA's proposed rulemaking.
The EPA is taking final action to approve the revised 1990 base
year emissions inventory submitted on January 2, 1997.
Overall, these revisions to the 1990 base year inventory decrease
the ``1990 ROP inventory,'' which is the 1990 base year inventory less
the biogenic emissions, for the Baton Rouge nonattainment area from
220.4 tons/day to 215.6 tons/day. The decrease of 4.8 tons/day in the
1990 ROP inventory reduces the 15% ROP Plan reductions requirement by
.6 tons/day. Since the reductions in the approved 15% ROP Plan have
remained unchanged, Louisiana added the .6 tons/day differential to the
15% Plan surplus reductions resulting in a total surplus of 3.2 tons/
day available to be carried over to the Post-1996 ROP Plan. The EPA has
determined this revised surplus to be acceptable for use in the Post-
1996 ROP Plan.
3. Adjusted Base Year Inventory
Section 182(c)(2)(B) states that the rate-of-progress reductions
must be achieved ``from the baseline emissions described in subsection
182(b)(1)(B).'' This baseline value is termed the 1990 adjusted base
year inventory. Section 182(b)(1)(B) defines baseline emissions (for
the purposes of calculating each milestone VOC/nitrogen oxides (NOx)
emissions reduction) as ``the total amount of actual VOC or NOx
emissions from all anthropogenic sources in the area during the
calendar year of enactment.'' This section excludes from the baseline
the emissions that would be eliminated by FMVCP regulations promulgated
by January 1, 1990, and the RVP regulations promulgated by the time of
enactment (at 55 FR 23666, June 11, 1990), which require maximum RVP
limits for gasoline to be sold in nonattainment areas during the peak
ozone season.
In the August 18, 1998, proposal, the EPA provided a detailed
explanation of the methodology for calculating the FMVCP/RVP
adjustment. The EPA is taking final action to approve the FMVCP/RVP
adjustment factor and the inventories discussed above, as follows:
------------------------------------------------------------------------
Emissions inventory Tons/Day
------------------------------------------------------------------------
A. 1990 Base Year Emissions Inventory........................ 315.2
B. 1990 Rate-of-Progress Inventory (Base Year--Biogenics).... 215.6
C. Emissions Reductions from the Pre-1990 FMVCP and Phase II 24.4
RVP Expected by 1999........................................
D. 1990 Adjusted Base Year Inventory (B-C)................... 191.2
------------------------------------------------------------------------
4. Required Rate-of-Progress Reductions
The next step is then to calculate the Post-1996 ROP reductions
requirement. In order to do so, the 1990 adjusted base
[[Page 35934]]
year VOC inventory is multiplied by nine percent. Thus, the Post-1996
ROP reduction requirement is 17.2 tons/day (.09 x 191.2). The EPA has
determined the State's calculation of the Post-1996 ROP reduction
requirement to be acceptable.
5. Fleet Turnover Correction Term
In the absence of any new requirements of the CAAA, some decrease
in motor vehicle emissions will occur automatically due to fleet
turnover. States are not allowed to take credit for these reductions
for ROP purposes. During the State's calculation of the 1996 target
level of emissions, these FMVCP reductions, along with non-creditable
RVP reductions that would occur between 1990 and 1996, were subtracted
from the 1990 ROP inventory to calculate the 1990 adjusted base year
inventory. This 1990 adjusted base year inventory was then used to
calculate the required reductions and the 1996 target level of
emissions.
Between 1996 and 1999, there will be some additional reductions in
emissions due to fleet turnover that are not creditable. These
additional, non-creditable reductions are referred to as the fleet
turnover correction term. The fleet turnover correction term is the
difference between the 1999 and 1996 FMVCP/RVP mobile source
reductions, or 3.0 tons/day. The EPA has determined the fleet turnover
correction term in the Baton Rouge Post-1996 ROP Plan to be acceptable.
6. Calculation of Target Level of Emissions
For the purpose of calculating the 1999 target, the 1996 target
inventory (obtained from the 15% ROP Plan calculations) is used. The
1996 target inventory used by the State in this calculation was revised
from the target inventory approved as part of the 15% ROP Plan
rulemaking in order to account for the changes made to the 1990 base
year inventory described in detail in the August 18, 1998, proposal.
The EPA is taking final action to approve the State's revised 1996
target level of emissions of 163.8 tons/day.
The 1999 target level of emissions is the amount of VOC emissions
that must be achieved in order for the nonattainment area to
demonstrate that the 9% ROP requirement has been met. The 1999 target
level used by the State in the Post-1996 ROP Plan is the revised 1996
target level (163.8 tons/day), less the 9% ROP reductions (17.2 tons/
day), less the fleet turnover correction term (3.0 tons/day), or 143.6
tons/day. The EPA is taking final action to approve the State's 1999
target level of emissions of 143.6 tons/day.
7. Growth Calculations
a. Introduction. The EPA has interpreted the Act to require that
States must provide for sufficient control measures in their ROP Plans
to offset any emissions growth expected to occur after 1996. Therefore,
to meet the ROP requirement, a State must provide for sufficient
emissions reductions to offset projected growth in emissions in
addition to the three percent annual average reduction of VOC
emissions. Thus, an estimate of growth in emissions from 1996 to 1999
is required for determining the total amount of required reductions in
the Post-1996 ROP Plan.
b. EPA Action. In the August 18, 1998, proposal, the EPA provided a
detailed description of the methodology the State followed for
projecting growth in each source category during the period 1996-1999.
The following Table summarizes the projected emissions growth by
source category for the nonattainment area:
BATON ROUGE GROWTH, 1996-1999
------------------------------------------------------------------------
Source category Tons/Day
------------------------------------------------------------------------
Point....................................................... 0.2
Area........................................................ 0.2
On-road Mobile.............................................. 2.4
Non-road Mobile............................................. 0.2
Subtotal.................................................... 3.0
Offset from Growth of 15% Plan Point Source Reductions...... (0.2)
-----------
Total Growth in 9% Plan..................................... 2.8
------------------------------------------------------------------------
The EPA has determined that the State's methodology for estimating
emissions growth for the period 1996-1999 is acceptable.
8. Total Required Reductions
The total required reductions in the plan include the 9% ROP
reductions, reductions to offset projected growth (1996-1999), and the
FMVCP/RVP turnover correction reductions (1996-1999). These required
reductions total 23.0 tons/day. The State's ``share'' of the required
reductions consists of the 9% ROP reductions (17.2 tons/day) plus the
growth offset (2.8 tons/day), or 20.0 tons/day. The FMVCP/RVP turnover
correction reductions (3.0 tons/day) are the Federal reductions that
are not creditable towards meeting the ROP/growth offset requirements.
9. Measures to Achieve the Required Reductions
a. Introduction. As described in the August 18, 1998, proposed
rulemaking, the State relied on a combination of surplus emission
reductions from the 15% ROP Plan, along with additional control
measures to achieve the emissions reductions required for the Post-1996
ROP Plan. The EPA has determined that both the surplus reductions from
the 15% ROP Plan and the emissions reductions claimed from the control
measures in the Post-1996 ROP Plan are acceptable for meeting the 9%
(net of growth) emissions reductions requirement. The reader is
referred to the proposal and associated TSD for a detailed description
of the control measures and their associated reductions, which are
summarized below:
------------------------------------------------------------------------
Louisiana 9 percent plan required reductions (Excluding RVP/
FMVCP): (TONS/DAY)
------------------------------------------------------------------------
9% ROP Reduction........................................... 17.2
Growth..................................................... 2.8
------------
Total................................................ 20.0
REDUCTIONS IN PLAN:
Federal Measures:
FMVCP Tier 1 Standards................................. 1.0
Small Engines Rule..................................... 1.1
Architectural and Industrial Maintenance Coatings Rule. 1.1
Autobody Refinishing Rule.............................. 0.6
[[Page 35935]]
Consumer Products Rule................................. 0.9
Other Sources:
Surplus Reductions in 15% Plan 3.2
Barge Cleaner (Permit Modification).................... 0.8
Acetylene Plant (Agreed Order)......................... 3.2
Glycol Dehydrator Controls............................. 8.4
Vents to Flares........................................ 1.1
------------
Total Reductions....................................... 21.4
SURPLUS REDUCTIONS..................................... 1.4
------------------------------------------------------------------------
b. EPA Action. The EPA is taking final action to approve the
emissions reductions claimed in the January 2, 1997, Post-1996 ROP
Plan as creditable towards the 9% ROP requirements of section
182(C)(2)(B) of the Act. The EPA is also approving into the SIP the
Borden Chemical and Plastics Reasonable Further Progress Agreed To
Order. The barge cleaner permit modification was issued under a
SIP-approved nonattainment new source review program and is,
therefore, already part of the Louisiana SIP and Federally
enforceable. In addition, the State's waste gas regulation (LAC
33:III.2115), which requires controls on glycol dehydrators and
vent streams, has already been approved into the SIP.
B. Motor Vehicle Emissions Budgets
1. Introduction
As stated previously, section 176(c) of the Act, and the Federal
Transportation Conformity Rule require States to establish motor
vehicle emissions budgets in any control strategy SIP that is submitted
for attainment and maintenance of the NAAQS. Louisiana submitted, in
the January 2, 1997, Post-1996 ROP Plan, projected (1999) motor vehicle
emissions budgets for VOC and NOX for the 5-parish Baton
Rouge ozone nonattainment area.
Specifically, for the 5-parish serious ozone nonattainment area,
the State established the following VOC/NOX mobile vehicle
emissions budgets:
Baton Rouge, LA 1999 Motor Vehicle Emissions Budgets
------------------------------------------------------------------------
Pollutant Budget (Tons/Day)
------------------------------------------------------------------------
VOC....................................... 33.93
NOx....................................... 58.03
------------------------------------------------------------------------
2. EPA Action
The EPA has determined that the State's methodology for projecting
the 1999 motor vehicle VOC and NOX emissions is acceptable.
Therefore, the EPA is taking final action to approve the figures in the
above table as the official 1999 MVEBs to be used for transportation
conformity determinations.
C. Contingency Measures
1. Introduction
Under section 172(c)(9) of the Act, ozone nonattainment areas
classified as moderate or above must submit contingency measures to be
implemented if RFP is not achieved or if the standard is not attained
by the applicable attainment date. The ``General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990'' (57
FR 13498, April 16, 1992) states that the contingency measures should,
at a minimum, ensure that an appropriate level of emissions reduction
progress continues to be made if attainment or RFP is not achieved in a
timely manner and additional planning by the State is needed.
In the General Preamble, the EPA interpreted the Act to require
States with moderate and above ozone nonattainment areas to include
sufficient contingency measures in their November 1993 submittals so
that, upon implementation of such measures, additional emissions
reductions of up to three percent of the emissions in the adjusted base
year inventory (or a lesser percentage that will cure the identified
failure) would be achieved in the year following the year in which the
failure has been identified. States must show that their contingency
measures can be implemented with minimal further action on their part
and with no additional rulemaking actions such as public hearings or
legislative review.
Additional contingency provisions are included in section 182(c)(9)
for serious ozone nonattainment areas. These latter provisions are
similar to the section 172(c)(9) requirements except that the focus in
section 182 (Ozone Areas) is on meeting emissions reductions milestones
(section 182(g)).
2. Point Source Emissions Banking
Louisiana identified, in both its 15% and Post-1996 ROP Plans
submittals, the State's point source VOC/NOX banking
regulations (LAC 33:III sections 601, 603, 605, 607, 613, 615, 617,
619, 621, 623, and 625) 2 as the three percent contingency
measure. These banking regulations are intended to meet the contingency
measure requirements of both section 172(c)(9) and section 182(c)(9) of
the Act. The adopted point source banking regulations were initially
submitted to the EPA for approval in the December 15, 1995, 15% ROP
Plan submittal. The EPA deferred taking action on the regulations in
the context of the 15% ROP Plan approval until its rulemaking action on
the Post-1996 ROP Plan/Attainment Demonstration SIP. (The rationale for
``carving out'' the contingency measures was explained in detail in the
TSD to the August 18, 1998, proposed rulemaking, as well as the TSD to
the 15% ROP Plan rulemaking.) The reader is referred to the EPA's
proposal for an in-depth discussion of the point source banking
regulations.
---------------------------------------------------------------------------
\2\ It should be noted that, in the preamble discussion to its
August 18, 1998, proposal (pp. 44200 and 44207), the EPA's
description of the State's submission inadvertently left out
references to certain sections of the point source banking
regulations submitted by the State. The correct sections, however,
were actually discussed (generally and/or specifically) elsewhere in
the proposal/TSD and are correctly set out in the preamble to this
final rule.
---------------------------------------------------------------------------
In the December 22, 1995, Post-1996 ROP Plan submittal, the State
provided a table of the emissions reductions that had been banked by
industry to date pursuant to the regulations. The State's contingency
measure requirement is 5.7 tons/day of VOCs (three percent times the
adjusted base year inventory of 191.2 tons/day). The VOC reductions
``on deposit,'' 13.0 tons/day, are well in excess of the three percent
requirement.
The EPA has determined that the State has met the contingency
measures requirements by having adopted and
[[Page 35936]]
submitted the point source banking regulations, and demonstrating the
bank has sufficient VOC credits ``on deposit'' and available for
confiscation in the event of a missed milestone/failure to attain.
Furthermore, the EPA has determined that the banking rules provide for
expeditious implementation of the contingency measures consistent with
the time frames identified in the General Preamble.
As mentioned in the August 18, 1998, proposal, Louisiana also
submitted to the EPA, in the January 2, 1997, submittal, a correction
to a typographical error in section 615, ``Schedule for Submitting
Applications.'' The EPA is taking final action to also approve this
correction to the point source banking rules.
3. EPA Action
The EPA is taking final action to approve the already-banked VOC
emissions reductions credits (totaling 5.7 tons/day) toward meeting the
three percent contingency measure requirement pursuant to sections
172(c)(9) and 182(c)(9) of the Act.
The EPA has determined that the point source VOC/NOX
banking regulations are generally consistent with the Act, EPA policy/
guidance and Federal regulations. Therefore, the EPA is taking final
action to approve the State's banking regulations as meeting the
requirements for SIP approval under part D and section 110 of the Act.
It should be noted that the scope of this final rulemaking is to
approve the banked VOC emissions reductions as creditable toward the
contingency measures pursuant to sections 172(c)(9) and 182(c)(9) of
the Act, and to approve all of the point source banking regulations as
an acceptable SIP revision pursuant to part D and section 110 of the
Act. The EPA is not, however, approving the banking regulations as an
economic incentive program (EIP) pursuant to the EPA's Economic
Incentives Program Rules (59 FR 16690) and section 182(g) of the Act.
(Since the State has not expressly submitted the point source banking
regulations as a section 182(g) SIP revision, the EPA believes it
beyond the scope of this rulemaking to act upon the banking regulations
as an EIP.)
D. Additional Rule Submitted
The State elected to include regulation LAC 33:III.611, ``Mobile
Sources Emissions Reductions,'' in the January 2, 1997, submittal for
the EPA's approval as part of the overall emissions banking program.
However, the State is not taking any reduction credit in the
contingency plan from this voluntary mobile source emissions reduction
program. In fact, no vehicles have actually been scrapped to date under
the program and, hence, no mobile emission reduction credits have been
banked statewide as part of the vehicle scrappage program.
Since the State's submission of section 611, certain national
policy issues have arisen surrounding the use of mobile source-
generated emissions reductions credits for use by point sources.
Pending resolution of these issues, the EPA is deferring taking action
on the regulation at this time. The deferral will have no effect on
either the Post-1996 ROP Plan or the Attainment Demonstration since the
State is not relying on reductions from the vehicle scrappage program
to meet the reductions target or demonstrate attainment. (A more in-
depth discussion of the EPA's rationale for deferring action on the
rule was provided in the TSD to the August 18, 1998, proposed
rulemaking.)
E. Attainment Demonstration
1. Introduction
As stated previously, section 182(c)(2)(A) of the Act stipulates
that serious and above ozone nonattainment areas must submit a revision
to the SIP that includes a demonstration that the plan, as revised,
will provide for attainment of the NAAQS for ozone by November 15,
1999. In addition to the 15% and 9% (net of growth) ROP reductions
requirements, if the mandatory emission reductions are not sufficient
to demonstrate attainment of the ozone NAAQS by November 15, 1999,
emissions (VOCs and/or NOX) must be further reduced until
attainment is demonstrated through photochemical grid modeling.
For ozone nonattainment areas classified as serious or above,
section 182(c)(2)(A) of the Act requires an attainment demonstration
based on photochemical grid modeling, for which the Urban Airshed Model
(UAM) is the EPA-approved model. See appendix W of 40 CFR part 51.
The following guidance documents establish the acceptable
techniques for application of UAM to demonstrate attainment of the
ozone NAAQS:
EPA's Guideline on Air Quality Models (Revised) (July 1986);
EPA's Guideline for Regulatory Application of the UAM (July 1991); and
EPA's final Guidance on use of Modeled Results to Demonstrate
Attainment of the Ozone NAAQS (June 1996).
The UAM model uses an inventory of pollutant emissions, together
with air quality and meteorological data, as input to a system of
algorithms incorporating chemistry and dispersion, in order to simulate
an observed pollution episode. Once a ``base case'' is developed that
meets the minimum performance criteria, projected future emissions are
used as input to simulate air quality in the attainment deadline year.
Various combinations of geographically uniform emission reductions are
simulated to determine approximate attainment reduction targets.
Planners design a control strategy to meet these targets, and then
simulate it with UAM, including the spatially and temporally varying
effects of the selected controls. Attainment is demonstrated when the
modeled air quality with emission controls in effect is below the NAAQS
throughout the geographical modeling domain.
The EPA's Guidance on the Use of Modeled Results to Demonstrate
Attainment of the Ozone NAAQS allows States to use a ``weight-of-
evidence'' determination if the modeled attainment test is not fully
passed, showing that attainment of the NAAQS is still likely. (The
reader is referred to the EPA's proposal for a detailed discussion of
UAM modeling procedures and requirements.)
2. EPA Action
The EPA's review focused on the data sources used, technical
judgments, and procedures followed in input preparation and performing
quality assurance and diagnostics. The EPA also evaluated the model's
base case performance, consistency of control measure simulation inputs
with submitted control measures, adequacy of the demonstration of
attainment of the NAAQS, and the consistency/completeness of the
modeling documentation.
a. Episode Selection and Base Case Performance. As explained in the
Guideline for the Regulatory Application of the Urban Airshed Model,
episodes are chosen for modeling based on their high ozone levels, data
availability and other criteria. Generally, episodes should be chosen
that are approximately as severe as the area's design value, which is
based on historical ozone highs. During a particular episode, the
observed ozone peak may be higher or lower than the design value; but
as long as it is relatively close, that episode can be accepted for use
in an attainment demonstration.
The Guideline for the Regulatory Application of the Urban Airshed
Model calls for a minimum of three primary episode days to be modeled.
The EPA
[[Page 35937]]
may allow areas to use just two episode days if they are based on a
field study, since this provides substantially more complete data, and,
hence, more confidence in model development procedures and results. In
the case of the Baton Rouge demonstration, the State modeled three
primary episode days.
The following three episodes were selected for use in the December
22, 1995, Baton Rouge Attainment Demonstration SIP submittal: August
15-16, 1989, May 24-25, 1990; and August 18-19, 1993.
Once the episodes were chosen, the modelers are required to
simulate these observed pollution episodes using the urban airshed
model. In conducting the Baton Rouge base case model performance
evaluation, the State employed both graphical and statistical
performance measures to gauge their success. (A discussion of the
graphical and statistical tests used in the evaluation of the Baton
Rouge modeling demonstration was provided in the EPA's August 18, 1998,
proposal and associated TSD.) In the Baton Rouge base case simulations,
the model performance for the August 15-16, 1989, and August 18-19,
1993, episodes was rated ``good,'' and the model performance for the
May 24-25, 1990, episode was rated ``very good.'' The EPA has
determined that the Baton Rouge episodes had acceptable performance and
met the Guideline criteria.
b. Attainment Test. The Guidance on use of Modeled Results to
Demonstrate Attainment of the Ozone NAAQS (June 1996) identifies two
approaches that the State can use for demonstrating attainment of the
ozone NAAQS. One of the acceptable approaches is called the
``Deterministic Approach,'' which consists of a deterministic test and
an optional weight-of-evidence determination. The deterministic test is
passed if predicted maximum ozone concentrations are less than or equal
to 124 parts per billion (ppb) in all surface grid cells on all modeled
primary episode days. If the test is not passed, a weight-of-evidence
determination may be used to show that attainment of the NAAQS is still
likely.
Meanwhile, the second acceptable approach is called the
``Statistical Approach.'' This approach consists of two parts: a
statistical test and a weight-of-evidence determination. The
statistical test includes three benchmarks. The first benchmark limits
the number of allowed exceedences, the second restricts the magnitude
of an allowed exceedence, and the third requires a minimum level of
improvement in air quality to be exceeded. If one or more of the
benchmarks is failed, a weight-of-evidence determination may also be
performed using corroborative information. If the corroborative
information is consistent with the likelihood that a proposed strategy
will lead to attainment of the ozone NAAQS by statutory dates,
attainment has been demonstrated.
As discussed in detail in the EPA's August 18, 1998, proposal, the
State elected to follow the ``Statistical Approach,'' consisting of a
statistical test and weight-of-evidence determination, for
demonstrating attainment of the ozone NAAQS through UAM modeling.
c. Photochemical Grid Model Used. The State used UAM Version IV, an
EPA-approved photochemical grid model, to develop the attainment
demonstration for the Baton Rouge area. The State performed its
modeling activities as outlined in the UAM modeling protocols and
according to the EPA's Guideline for Regulatory Application of the
Urban Airshed Model. (In advance of performing the UAM analyses, the
State developed a specific protocol for conducting its modeling
activities, which EPA reviewed and approved.)
The Baton Rouge modeling domain covers all or part of 20 parishes
in Louisiana, including the Baton Rouge serious ozone nonattainment
area consisting of East Baton Rouge, West Baton Rouge, Livingston,
Iberville, and Ascension Parishes.
The EPA has determined that the State followed acceptable
procedures to develop the meteorological and air quality inputs, base
case emissions inventories, projection inventories, and future boundary
conditions used in the UAM modeling. (The reader is referred to the
EPA's proposal for a more in-depth discussion of the methodology the
State followed in developing these model inputs.)
d. Demonstration of Attainment. The EPA's Guideline for the
Regulatory Application of the Urban Airshed Model stipulates that, for
the primary episode days modeled, there should be no predicted daily
maximum ozone concentrations greater than 124 ppb anywhere in the
modeling domain for each primary episode day modeled. However, in its
subsequent Guidance on the Use of Modeled Results to Demonstrate
Attainment of the Ozone NAAQS (June 1996), the EPA revised the model
test for demonstrating attainment of ozone NAAQS. (The revisions were
intended to make the modeled attainment test more closely reflect the
form of the NAAQS.) In the Guidance, the EPA recommended that either
the ``Statistical Approach'' or ``Deterministic Approach'' should be
used for the attainment demonstration of the ozone NAAQS. (These
approaches were discussed in detail in the proposed rulemaking.)
As stated above, the State elected to use the ``Statistical
Approach,'' consisting of a statistical test with optional weight-of-
evidence determination, to demonstrate attainment of the ozone NAAQS.
The statistical test included the application of three benchmark tests.
The weight-of-evidence determination entailed the use of supplementary
analyses to determine whether attainment was likely, despite model
results which did not pass the statistical test.
The State used the three selected episodes, all having good to very
good base case model performance ratings, for demonstrating attainment
of the ozone NAAQS. These episodes were modeled using the projected
1999 emission inventory, which included the emission controls to be
implemented through 1999. The results of the various benchmark tests
are discussed in detail in the August 18, 1998, proposed rulemaking.
e. Modeling Evaluation. The EPA has determined that the State's
attainment demonstration for the Baton Rouge ozone nonattainment area
fulfills the requirements of section 182(c)(2)(A) of the Act. The State
adequately followed the EPA's guidance on the application of the UAM
for demonstrating attainment of the ozone NAAQS. Following the
``Statistical Approach,'' it demonstrated that two of the three
episodes met or nearly met all the specified benchmark criteria.
Furthermore, supplementary information provided by the State for
consideration in the weight-of-evidence determination (i.e., mid-course
review, severity of selected episodes, uncertainty in the boundary
condition estimates, etc.) supported the modeled attainment
demonstration.
The Guidance on the Use of Modeled Results to Demonstrate
Attainment of the Ozone NAAQS also allows the use of normalized trend
data, results from observational models and or other models and
consideration of incremental cost/benefit estimates, etc., in a weight-
of-evidence determination. In determining whether the State's
``Statistical Approach'' to demonstrating attainment was adequate, the
EPA considered general trend data, which reflected reductions in
monitored ozone values, precursor emissions, and total exceedence days
since 1990.
[[Page 35938]]
As stated previously under ``Current SIP Submittals,'' the State,
in its January 2, 1997, submittal, removed the emission reduction
credits taken for the vehicle inspection and maintenance control
measure included in the December 22, 1995 Post-1996 ROP Plan submittal,
and replaced them with additional point source reductions. The January
2, 1997, submittal provided an analysis of how removal of the I/M
reductions would impact the modeling results submitted in the December
22, 1995, attainment demonstration. The EPA reviewed the State's
analysis and concurred that removal of the I/M reductions from the plan
would not significantly alter the modeling results.
In summary, based on the results of the statistical test, the
weight-of-evidence determination, and the I/M impact analysis, the EPA
has determined that State adequately demonstrated the modeled control
strategy would provide for attainment of the ozone NAAQS by the
statutory attainment date.
f. Control Strategy Evaluation. The EPA has determined that the
modeling results for Baton Rouge adequately demonstrate that the area
could attain the ozone standard by 1999 through the implementation of a
VOC-only control strategy consisting of the Federally enforceable 15
Percent and Post-1996 ROP VOC reductions (net of growth) from the 1990
base year levels. The reader is referred to the proposed rulemaking for
a more in-depth discussion of the control strategy modeled.
The EPA is taking final action to approve Louisiana's Attainment
Demonstration SIP submittals, dated December 22, 1995, and January 2,
1997, as meeting the requirements of section 182(c)(2)(A) of the Act
for demonstrating attainment of the NAAQS for ozone by November 15,
1999. Through photochemical grid modeling, the State has demonstrated
to the EPA's satisfaction that the VOC reductions in the 15% and Post-
1996 ROP Plans (34.8 and 21.4 3 tons/day, respectfully) are
sufficient to demonstrate attainment of the ozone NAAQS by the
statutory deadline.
---------------------------------------------------------------------------
\3\ The 21.4 tons/day in emissions reductions includes the 3.2
tons/day surplus reductions from the 15% ROP Plan carried over to
the Post-1996 ROP Plan.
---------------------------------------------------------------------------
III. Final Rulemaking Action
The EPA has reviewed the SIP submittals for consistency with the
Act, applicable EPA regulations and EPA policy, and is approving the
following under sections 110(k)(3), 301(a), and part D of the Act:
A. The Baton Rouge, Louisiana, Post-1996 Rate-of-Progress Plan,
submitted December 22, 1995, and revised January 2, 1997, as meeting
the requirements of section 182(c)(2)(B) of the Act to achieve a
reduction in VOC emissions (net of growth) of 9 percent between 1996
and 1999.
B. The Baton Rouge, Louisiana, contingency plan, initially
submitted as part of the 15% ROP Plan on December 15, 1995, and,
subsequently, as part of the Post-1996 ROP Plan submitted December 22,
1995, and revised January 2, 1997. The EPA is taking final action to
approve the contingency plan as meeting the requirements of sections
172(c)(9) and 182(c)(9) of the Act that moderate and above ozone
nonattainment areas include contingency measures in their ROP Plan
submittals. Specifically, the EPA is taking final action to approve the
contingency-reserved VOC banked emissions reductions of 5.7 tons/day
(achieved through the State's banking regulations), identified in a
table in appendix T of the December 22, 1995, submittal, as creditable
towards the 3 percent contingency requirements of sections 172(c)(9)
and 182(c)(9) of the Act. In addition, the EPA is taking final action
to approve the point source VOC and NOX emissions reductions
banking regulations (LAC 33:III sections 601, 603, 605, 607, 613, 615,
617, 619, 621, 623, and 625) submitted December 15, 1995, and revised
January 2, 1997, as meeting the requirements for SIP approval under
part D and section 110 of the CAAA.
C. The 1999 Motor Vehicle Emissions Budgets for on-road mobile VOC
and NOX emissions for the Baton Rouge 5-parish ozone
nonattainment area submitted January 2, 1997, as meeting the
requirements of section 176(c) of the Act and 40 CFR 51.452(b) of the
Federal Transportation Conformity Rule.
D. The Baton Rouge, Louisiana Attainment Demonstration submitted
December 22, 1995, and revised January 2, 1997, including the modeling
analyses, as meeting the requirements of section 182(c)(2)(A) of the
CAAA to provide for attainment of the ozone NAAQS by the applicable
November 15, 1999, attainment date.
E. Revisions to the 1990 base year VOC emissions inventory
submitted January 2, 1997 as meeting the requirements of section
182(a)(1) of the Act. In addition, the EPA is taking final action to
codify the revisions to the 1990 base year emissions inventory
submitted as part of the 15% ROP Plan approved October 22, 1996 (61 FR
54737).
F. The revision to the 1996 target level of VOC emissions submitted
January 2, 1997, as meeting the requirements of part D and EPA
guidance.
The EPA is deferring taking any action at this time on the State's
accelerated vehicle retirement regulation (LAC 33:III.611) entitled,
``Mobile Sources Emission Reductions,'' which was submitted to the EPA
on January 2, 1997. Deferring action on this regulation has no effect
on either the Baton Rouge Post-1996 ROP Plan or on the Baton Rouge
Attainment Demonstration since the State took no credit in these plans
for reductions from vehicle scrappage.
IV. Administrative Requirements
A. Executive Order (E.O.) 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866, entitled ``Regulatory Planning and
Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a State, local or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, E.O. 12875 requires EPA to provide to the OMB a description
of the extent of EPA's prior consultation with representatives of
affected State, local and tribal governments, the nature of their
concerns, copies of any written communications from the governments,
and a statement supporting the need to issue the regulation. In
addition, E.O. 12875 requires EPA to develop an effective process
permitting elected officials and other representatives of State, local
and tribal governments ``to provide meaningful and timely input in the
development of regulatory proposals containing significant unfunded
mandates.''
Today's rule does not create a mandate on State, local, or tribal
governments. The rule does not impose any enforceable rules on any of
these entities. This action does not create any new requirements but
simply approves requirements that the State is already imposing.
Accordingly, the requirements of section 1(a) of E.O. 12875 do not
apply to this rule.
C. Executive Order 13045
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997),
[[Page 35939]]
applies to any rule that: (1) is determined to be ``economically
significant'' as defined under E.O. 12866, and (2) concerns an
environmental health or safety risk that the EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children, and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
The EPA interprets E.O. 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This final rule is not subject to E.O. 13045
because it approves a State program.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
Government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, E.O. 13084 requires EPA to
provide to the OMB, in a separately identified section of the preamble
to the rule, a description of the extent of EPA's prior consultation
with representatives of affected tribal governments, a summary of the
nature of their concerns, and a statement supporting the need to issue
the regulation. In addition, E.O. 13084 requires EPA to develop an
effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any new requirements that affect Indian tribes. Accordingly,
the requirements of section 3(b) of E.O. 13084 do not apply to this
rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), 5 U.S.C. 600 et seq.,
generally requires an agency to conduct a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements unless the agency certifies 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 small governmental jurisdictions. This final rule will
not have a significant impact on a substantial number of small entities
because 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 create any new requirements, I certify that this
action will not have a significant economic impact on a substantial
number of small entities. 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).
F. 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 annual 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 annual costs
of $100 million or more to either State, local or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit 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 United States prior
to publication of the rule in the Federal Register. A major rule can
not take effect until 60 days after it is published in the Federal
Register. This action is not a ``major'' rule as defined by 5 U.S.C.
804(2). This rule will be effective August 2, 1999.
H. Petition 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 August 31, 1999. 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,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: June 24, 1999.
Jerry Clifford,
Acting Regional Administrator, Region 6.
Part 52 of chapter I, title 40, CFR, is amended as follows:
PART 52--[AMENDED]
1. The authority for citation for part 52 continues to read as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart T--Louisiana
2. In Sec. 52.970, in the ``EPA-Approved Louisiana Regulations in
the Louisiana SIP'' table in paragraph (c), chapter 6 is added to read
as follows:
Sec. 52.970 Identification of plan.
* * * * *
(c) EPA approved regulations.
[[Page 35940]]
EPA Approved Louisiana Regulations in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
State approval
State citation Title/subject date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 6--Regulations on Control of Emissions Reduction Credits Banking
----------------------------------------------------------------------------------------------------------------
Section 601..................... Background and Aug. 1994, [July 2, 1999 and ..................
Purpose. LR20:874. Federal Register
cite].
Section 603..................... Applicability..... Aug. 1994, [July 2, 1999 and ..................
LR20:874. Federal Register
cite].
Section 605..................... Definitions....... Aug. 1994, [July 2, 1999 and ..................
LR20:874. Federal Register
cite].
Section 607..................... Stationary Point Aug. 1994, [July 2, 1999 and ..................
Source Reductions. LR20:877. Federal Register
cite].
Section 613..................... ERC Bank Balance Aug. 1994, [July 2, 1999 and ..................
Sheet. LR20:877. Federal Register
cite].
Section 615..................... Schedule for Jul. 1995, [July 2, 1999 and Approves original
Submitting LR21:681. Federal Register rule (adopted 8/
Applications. cite]. 94) and
subsequent
revision (adopted
07/95).
Section 617..................... Review and Aug. 1994, [July 2, 1999 and ..................
Approval of ERC LR20:878. Federal Register
Bank Balance cite].
Sheets.
Section 619..................... Registration of Aug. 1994, [July 2, 1999 and ..................
Emission LR20:879. Federal Register
Reduction Credit cite].
Certificates.
Section 621..................... Protection of Aug. 1994, [July 2, 1999 and ..................
Banked ERCs. LR20:679. Federal Register
cite].
Section 623..................... Withdrawal, Use, Aug. 1994, [July 2, 1999 and ..................
and Transfer of LR20:880. Federal Register
Emission cite].
Reduction Credits.
Section 625..................... Application and Aug. 1994, [July 2, 1999 and ..................
Processing Fees. LR20:880. Federal Register
cite].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
3. In section 52.970, an entry in the ``EPA-Approved Louisiana
Source-Specific Requirements'' table in paragraph (d) is added to read
as follows:
(d) EPA-approved State source-specific requirements.
EPA Approved Louisiana Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State approval/
Name of source Permit number effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Borden Chemicals and Plastics in Reasonable Further 10/24/96 [July 2, 1999 and Submitted as part
Baton Rouge. Progress Agreed To Federal Register of the Baton
Order. cite]. Rouge, LA Post-
1996 ROP Plan
----------------------------------------------------------------------------------------------------------------
4. In section 52.970, an entry in the ``EPA Approved Control
Measures in the Louisiana SIP'' table in paragraph (e) is added to read
as follows:
(e) EPA approved nonregulatory and quasi-regulatory measures.
EPA Approved Control Measures in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
Applicable State
Control measures geographic or submittal date/ EPA approval date Comments
nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Post-1996 ROP Plan (Including a Baton Rouge, LA.... 01/02/97 [July 2, 1999 and Originally
Revised 1996 Target Level of VOC Federal Register submitted 12/22/95
Emissions). cite]. and revised 01/02/
97.
Attainment Demonstration for the Baton Rouge, LA.... 01/02/97 [July 2, 1999 and Originally
1-hour Ozone NAAQS. Federal Register submitted 12/22/95
cite]. and revised 01/02/
97.
[[Page 35941]]
Contingency Plan................. Baton Rouge, LA.... 01/02/97 [July 2, 1999 and Submitted as part
Federal Register of the 15% ROP
cite]. Plan on 12/14/95
and, subsequently,
as part of the
Post-1996 ROP Plan
submitted on 12/22/
95 and revised 1/2/
97.
1999 Motor Vehicle Emission Baton Rouge, LA.... 01/02/97 [July 2, 1999 and ...................
Budgets. Federal Register
cite].
Revised 1990 Base Year VOC Baton Rouge, LA.... 01/02/97 [July 2, 1999 and See also 52.993.
Emissions Inventory. Federal Register
cite].
----------------------------------------------------------------------------------------------------------------
5. Section 52.993 is amended by adding paragraphs (d) and (e) as to
read as follows:
52.993 Emissions inventories.
* * * * *
(d) On December 15, 1995, the Governor of the State of Louisiana
submitted a revision to the 1990 base year volatile organic compound
(VOC) emissions inventory for the Baton Rouge, Louisiana ozone
nonattainment area. The revised inventory was submitted as part of the
revised Baton Rouge 15 Percent Rate-of-Progress Plan. This revision to
the base year inventory modified the point source VOC emissions. The
revisions satisfy the requirements of section 182(a)(1) of the Clean
Air Act, as amended in 1990.
(e) On January 2, 1997, the Governor of the State of Louisiana
submitted a revision to the 1990 base year volatile organic compound
(VOC) emissions inventory for the Baton Rouge, Louisiana ozone
nonattainment area. The revised inventory was submitted as part of the
revised Baton Rouge Post-1996 Rate-of-Progress Plan. This revision to
the base year inventory modified the point, area, non-road mobile, on-
road mobile, and biogenic sources of VOC emissions. The revisions
satisfy the requirements of section 182(a)(1) of the Clean Air Act, as
amended in 1990.
[FR Doc. 99-16927 Filed 7-1-99; 8:45 am]
BILLING CODE 6560-50-P
