[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Rules and Regulations]
[Pages 37833-37840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18194]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[LA-34-1-7300a, FRL-5531-4]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of Louisiana;
Correction of Classification; Approval of the Maintenance Plan;
Redesignation of Pointe Coupee Parish to Attainment for Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This document announces the Administrator's decision to remove
Pointe Coupee Parish (Pointe Coupee), Louisiana, from the Baton Rouge
serious ozone nonattainment area, to reclassify Pointe Coupee from
serious to marginal, and to redesignate Pointe Coupee to attainment for
ozone. Pointe Coupee
[[Page 37834]]
was classified as a serious ozone nonattainment area by the EPA on
November 6, 1991 (56 FR 56694). However, the EPA has determined that
the strategy used in including Pointe Coupee as part of the Baton Rouge
serious ozone nonattainment area was incorrect. Pursuant to section
110(k)(6) of the Clean Air Act as amended in 1990 (the Act), which
allows the EPA to correct its actions, the EPA is today granting the
State's request to correct the classification of Pointe Coupee.
In addition to approving this correction of Pointe Coupee's
classification, the EPA is today approving a request from the State of
Louisiana to redesignate Pointe Coupee to attainment for ozone. On
December 20, 1995, the State of Louisiana submitted a maintenance plan
and request to redesignate the Pointe Coupee Parish ozone nonattainment
area to attainment. Under the Act, nonattainment areas may be
redesignated to attainment if sufficient data are available to warrant
the redesignation and the area meets the other redesignation
requirements. In this action, the EPA is approving Louisiana's
redesignation request and maintenance plan because it meets the
maintenance plan and redesignation requirements set forth in the Act,
and the EPA is approving the 1993 base year emissions inventory. The
approved maintenance plan will become a federally enforceable part of
the State Implementation Plan (SIP) for Louisiana.
DATES: This action is effective on September 20, 1996, unless notice is
postmarked by August 21, 1996 that someone wishes to submit adverse or
critical comments. If the effective date is delayed, timely notice will
be published in the Federal Register (FR).
ADDRESSES: Comments should be mailed to Thomas H. Diggs, Chief, Air
Planning Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733. Copies of the State's petition and other information
relevant to this action are available for inspection during normal
hours at the following locations:
Environmental Protection Agency, Region 6, Air Planning Section (6PD-
L), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733
Air and Radiation Docket and Information Center, Environmental
Protection Agency, 401 M Street, S.W., Washington, D.C. 20460
Louisiana Department of Environmental Quality, Office of Air Quality,
7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810
Anyone wishing to review this petition at the EPA office is asked
to contact the person below to schedule an appointment 24 hours in
advance.
FOR FURTHER INFORMATION CONTACT: Lt. Mick Cote, Air Planning Section
(6PD-L), U.S. Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7219.
SUPPLEMENTARY INFORMATION:
Background
Prior to the 1990 amendments to the Act, the EPA identified and
designated nonattainment areas with respect to the National Ambient Air
Quality Standards (NAAQS). For such areas, States submitted SIPs to
control emissions and achieve attainment of the NAAQS. Pointe Coupee
was originally designated as nonattainment for ozone on March 3, 1978.
The SIP for Pointe Coupee was first adopted in the early 1980's.
Pointe Coupee Parish was a rural ozone nonattainment planning area
prior to 1990. The parish is contiguous to the Baton Rouge Consolidated
Metropolitan Statistical Area (CMSA). The ozone design value for Pointe
Coupee for the years 1988 through 1990 was 0.127 parts per million,
which would have classified the parish as a marginal ozone
nonattainment area under the Act.
Following the 1990 amendments to the Act, the Louisiana Department
of Environmental Quality (LDEQ), in conjunction with other State
planning agencies, developed the boundaries for the Baton Rouge ozone
nonattainment area. Pointe Coupee was contiguous to the Baton Rouge
CMSA, and had two large nitrogen oxides (NOX) sources, Big Cajun I
and II power plants. It was concluded that the presence of these two
large NOX sources would contribute significantly to the ozone
levels in the Baton Rouge CMSA. Pointe Coupee was subsequently
classified as serious by operation of law and included as part of the
Baton Rouge serious ozone nonattainment area pursuant to sections
107(d) and 181(a) of the Act. Further citations will refer to the Act
unless otherwise specified. See 56 FR 56694 (November 6, 1991).
The Clean Air Act, as amended in 1977, required areas that were
designated nonattainment based on a failure to meet the ozone NAAQS to
develop SIPs with sufficient control measures to expeditiously attain
and maintain the standard. Pointe Coupee was designated under section
107 of the 1977 Clean Air Act as nonattainment with respect to the
ozone NAAQS on March 3, 1978 (40 CFR 81.319). The most recent revision
to the ozone SIP occurred on May 5, 1994, when the EPA approved a SIP
revision for the State of Louisiana to correct certain enforceability
deficiencies in its volatile organic compounds (VOC) rules (59 FR
23164). For purposes of redesignations, the State of Louisiana has an
approved ozone SIP for Pointe Coupee.
The LDEQ has collected ambient monitoring data since 1991 that show
no violations of the ozone NAAQS of 0.12 parts per million. The LDEQ
has developed a maintenance plan for Point Coupee, and solicited public
comment. Subsequently, the LDEQ submitted a request, through the
Governor's office, to redesignate this parish to attainment with
respect to the ozone NAAQS. This maintenance plan and redesignation
request for Pointe Coupee was submitted to the EPA on December 20,
1995.
Correction of Error Under Section 110(k)(6)
Section 110(k)(6) provides whenever the Administrator determines
that the Administrator's action approving, disapproving, or
promulgating any plan or plan revision (or part thereof), area
designation, redesignation, classification, or reclassification was in
error, the Administrator may in the same manner as the approval,
disapproval, or promulgation revise such action as appropriate without
requiring any further submission from the State. Such determination and
the basis thereof shall be provided to the State and public. The EPA
interprets this provision to authorize the Agency to make corrections
to a promulgation when it is shown to the EPA's satisfaction that an
error occurred in failing to consider or inappropriately considering
information available to the EPA at the time of the promulgation, or
the information made available at the time of promulgation is
subsequently demonstrated to have been clearly inadequate.
Ground level ozone formation involves a photochemical reaction
between certain precursor chemicals when specific meteorological
conditions are present. Reactions between VOCs, NOX, and to a much
lesser degree, carbon monoxide (CO), form ground level ozone. The EPA's
initial action in classifying Pointe Coupee was based on the belief
that NOX emissions from Pointe Coupee would significantly impact
ozone levels in the Baton Rouge CMSA, and including the parish in the
Baton Rouge nonattainment area would assist in controlling future ozone
levels. That information was subsequently demonstrated to have been
[[Page 37835]]
inappropriately considered. The EPA has since determined, through a
recent Urban Airshed Modeling (UAM) demonstration, that NOX
reductions are not beneficial to attainment in the Baton Rouge CMSA,
and therefore contradicts the LDEQ's and the EPA's original reason for
the inclusion of Pointe Coupee in the Baton Rouge planning area.
In addition, Pointe Coupee's design value in the 1988-1990
timeframe was 0.127 ppm, which would have lead the EPA to classify the
area ``marginal''. Pointe Coupee is not part of the Baton Rouge CMSA,
and it is a rural parish. For these reasons, the EPA has determined
that the basis for including Pointe Coupee as part of the Baton Rouge
serious ozone nonattainment area was incorrect. Therefore, the EPA
believes it is appropriate to correct the EPA's initial decision by
removing Pointe Coupee Parish from the Baton Rouge serious ozone
nonattainment area and subsequently change the classification of Pointe
Coupee Parish from serious to marginal. Please see the technical
support document (TSD) in the official docket for the detailed UAM
analysis.
Redesignation to Attainment
Evaluation Criteria
The 1990 Amendments revised section 107(d)(3)(E) to provide five
specific requirements that an area must meet in order to be
redesignated from nonattainment to attainment: (1) The area must have
attained the applicable NAAQS; (2) the area must meet all applicable
requirements under section 110 and part D; (3) the area must have a
fully approved SIP under section 110(k); (4) the air quality
improvement must be permanent and enforceable; and, (5) the area must
have a fully approved maintenance plan pursuant to section 175A.
Section 107(d)(3)(D) allows a Governor to initiate the redesignation
process for an area to apply for attainment status. Please see the TSD
for a detailed discussion of these requirements.
(1) Attainment of the NAAQS for Ozone
Attainment of the ozone NAAQS is determined based on the expected
number of exceedances in a calendar year. The method for determining
attainment of the ozone NAAQS is contained in 40 CFR 50.9 and appendix
H to that section. The simplest method by which expected exceedances
are calculated is by averaging actual exceedances at each monitoring
site over a consecutive three year period. An area is in attainment of
the standard if this average results in expected exceedances for each
monitoring site of 1.0, or less, per calendar year. When a valid daily
maximum hourly average value is not available for each required
monitoring day during the year, the missing days must be accounted for
when estimating exceedances for the year. Appendix H provides the
formula used to estimate the expected number of exceedances for each
year.
The State of Louisiana's request is based on an analysis of
quality-assured ozone air quality data which is relevant to both the
maintenance plan and to the redesignation request. The data come from
the State and Local Air Monitoring Station network. This request is
based on ambient air ozone monitoring data collected for more than
three consecutive years in the area. The New Roads monitoring site in
Pointe Coupee has collected ozone periodically since 1976, and
continuously since 1988. The data collected since 1991 clearly show an
expected exceedance rate of less than 1. The redesignation request and
maintenance plan are based on ambient air quality data collected
between 1991 and 1995. Please see the TSD for the detailed air quality
monitoring data.
In addition to the demonstration discussed above, the EPA required
completion of air network monitoring requirements set forth in 40 CFR
part 58. This included a quality assurance plan revision and a
monitoring network review to determine the adequacy of the ozone
monitoring network. The LDEQ fulfilled these requirements to complete
documentation for the air quality demonstration. The LDEQ has also
committed to continue monitoring in Pointe Coupee in accordance with 40
CFR part 58.
In summary, the EPA believes that the data submitted by the LDEQ
provides an adequate demonstration that Pointe Coupee attained the
ozone NAAQS. Moreover, the monitoring data continue to show attainment
to date.
(2) Section 110 Requirements and Part D Requirements
For purposes of redesignation, to meet the requirement that the SIP
contain all applicable requirements under the Act, the EPA has reviewed
the SIP to ensure that it contains all measures that were due under the
Act prior to or at the time the State submitted its redesignation
request, as set forth in policy. The EPA interprets section
107(d)(3)(E)(v) to mean that, for a redesignation request to be
approved, the State must have met all requirements that applied to the
subject area prior to or at the same time as the submission of a
complete redesignation request. In this case, the date of submission of
a complete redesignation request is December 20, 1995.
Requirements of the Act that come due subsequently continue to be
applicable to the area at later dates (see section 175A(c)) and, if
redesignation of any of the areas is disapproved, the State remains
obligated to fulfill those requirements. These requirements are
discussed in the following the EPA documents: ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' John
Calcagni, Director, Air Quality Management Division, September 4, 1992;
``State Implementation Plan (SIP) Actions Submitted in Response to
Clean Air Act (the Act) Deadlines,'' John Calcagni, Director, Air
Quality Management Division, October 28, 1992; and ``State
Implementation Plan (SIP) Requirements for Areas Submitting Requests
for Redesignation to Attainment of the Ozone and Carbon Monoxide (CO)
National Ambient Air Quality Standards (NAAQS) on or after November 15,
1992,'' Michael H. Shapiro, Acting Assistant Administrator, September
17, 1993.
The EPA has analyzed the Louisiana SIP and determined that it is
consistent with the requirements of amended section 110(a)(2). The SIP
contains enforceable emission limitations; requires monitoring,
compiling, and analyzing ambient air quality data; requires
preconstruction review of new major stationary sources and major
modifications to existing ones; provides for adequate funding, staff,
and associated resources necessary to implement its requirements; and
requires stationary source emissions monitoring and reporting. For
purposes of redesignation, the Pointe Coupee SIP was reviewed to ensure
that all requirements of section 110(a)(2), containing general SIP
elements, were satisfied. As noted above, the EPA believes all marginal
ozone nonattainment area requirements have been met for Pointe Coupee.
Part D Requirements. Before Pointe Coupee can be redesignated to
attainment, it must have fulfilled the applicable requirements of part
D. Under part D, an area's classification determines the requirements
to which it is subject. Subpart 1 of part D sets forth the basic
nonattainment requirements applicable to all nonattainment areas.
Subpart 2 of part D establishes additional requirements for
nonattainment areas classified under Table 1 of section 181(a). As
described in the General Preamble for the Implementation of Title 1,
specific requirements of subpart 2 may override subpart 1's general
provisions (57 FR
[[Page 37836]]
13501 (April 16, 1992)). With this action, Pointe Coupee is now subject
to the marginal requirements of section 182(a) rather than section
182(c). Therefore, in order to be redesignated, the State must meet the
applicable requirements of subpart 1 of part D-specifically sections
172(c) and 176, as well as the applicable requirements of subpart 2 of
part D.
Subpart 1 of Part D--Section 172(c) Requirements. Under section
172(b), the Administrator established that States containing
nonattainment areas shall submit a plan or plan revision meeting the
applicable requirements of section 172(c) no later than three years
after an area is designated as nonattainment, unless the EPA
establishes an earlier date.
Section 172(c) sets forth general requirements applicable to all
nonattainment areas. Under section 172(b), the section 172(c)
requirements are applicable as determined by the Administrator, but no
later than three years after an area has been designated as
nonattainment under the Act. Furthermore, as noted above, some of these
section 172(c) requirements are superseded by more specific
requirements in subpart 2 of part D. Those sections which have been
superseded can be found in the subpart 2 discussion. In the case of
Pointe Coupee, the State has satisfied all of the section 172(c)
requirements.
As discussed under the section 110(k)(6) requirements above, Pointe
Coupee has been part of a larger serious ozone nonattainment area.
Serious ozone nonattainment areas have an attainment date of November
15, 1999. However, since this action classifies Pointe Coupee as
marginal, the area now has an attainment date of November 15, 1993.
Based on the monitoring data collected between 1991 and 1995, the EPA
agrees with the State that Pointe Coupee attained the ozone standard by
this earlier date.
The section 172(c)(1) non-Reasonably Available Control Technology
(RACT) control requirements have been met through satisfaction of the
section 182(a)(2)(A) requirements. The EPA has determined that the
section 172(c)(2) reasonable further progress requirement does not
apply for this redesignation request, since air quality data shows that
Pointe Coupee has already attained the ozone standard. The section
172(c)(3) emissions inventory requirements will be satisfied by the
approval of the 1993 attainment year inventory requirements of the
maintenance plan under section 175A. The section 172(c)(4) requirement
to identify and quantify emission increases is intended to be an
alternative to the offsets requirement of section 173(a), and is not a
prerequisite to redesignation. Moreover, once the area is redesignated
to attainment, these provisions will not apply since the Prevention of
Significant Deterioration requirements of part C will become effective.
As for the section 172(c)(5) New Source Review (NSR) requirement,
the EPA has determined that areas being redesignated need not comply
with the NSR requirement prior to redesignation provided that the area
demonstrates maintenance of the standard without part D NSR in effect.
See, memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation, dated October 14, 1994, entitled Part D New Source Review
(part D NSR) Requirements for Areas Requesting Redesignation to
Attainment. The rationale for this view is described fully in that
memorandum, and is based on the EPA's authority to establish de minimis
exceptions to statutory requirements. See, Alabama Power Co. v. Costle,
636 F. 2d 323, 360-61 (D.C. Cir. 1979).
Section 172(c)(6) requires that other control measures be included
as necessary to provide for attainment and maintenance of the ozone
standard. Since attainment has been reached in Pointe Coupee, no
additional measures are needed for attainment. Any additional measures
required to ensure maintenance of the ozone standard are included in
the contingency plan submitted with the redesignation request. Section
172(c)(7) requires that the nonattainment plan meet the applicable
provision of section 110(a)(2). As discussed above under the section
110(a)(2) requirements, the SIP contains such measures and has met the
requirements of section 110(a)(2). Section 172(c)(8) allows the State
to use equivalent techniques for modeling, inventorying, or other
planning activities unless the EPA determines that the techniques are
less effective. This allowance will continue to apply to the
requirements of the maintenance plan. The section 172(c)(9)
requirements for contingency measures are directed at ensuring
reasonable further progress and attainment by the attainment date.
These requirements do not apply to Pointe Coupee, since the area has
attained the ozone standard. Furthermore, section 175A for maintenance
plans provides specific requirements for contingency measures that
effectively supersede the requirements of this section.
Section 176(c) requires States to revise their SIPs to establish
criteria and procedures to ensure that Federal actions, before they are
taken, conform to the air quality planning goals in the applicable
State SIP. The EPA believes it is reasonable to interpret the
conformity requirements as not being applicable requirements for
purposes of evaluating this redesignation request under section 107(d).
The rationale for this is based on a combination of two factors.
First, the requirement to submit SIP revisions to comply with the
conformity provisions of the Act continues to apply to areas after
redesignation to attainment. Second, the EPA's federal conformity rules
require the performance of conformity analyses in the absence of state-
adopted rules. For a complete description of the EPA's national policy
for the applicability of conformity requirements to redesignation
requests, please see the December 7, 1995 Federal Register at 60 FR
62748.
Finally, for purposes of redesignation, the Pointe Coupee SIP was
reviewed to ensure that all requirements of section 110(a)(2),
containing general SIP elements, were satisfied. As noted above, the
EPA believes the SIP satisfies all of those requirements.
Subpart 2 of Part D--Section 182(a) Requirements. The Act was
amended on November 15, 1990, Public Law 101- 549, 104 Stat. 2399,
codified at 42 U.S.C. 7401-7671q. The EPA was required to classify
ozone nonattainment areas according to the severity of their problem.
As discussed previously, Pointe Coupee was designated as a serious
ozone nonattainment. See 40 CFR 81.319. Because of this classification,
Pointe Coupee originally had to meet the more stringent section 182(c)
requirements. The EPA has analyzed the SIP and determined that it is
consistent with the requirements of amended section 182. Below is a
summary of how the area has met the requirements of section 182(a) for
marginal areas.
Emissions Inventory. Section 182(a)(1) required an inventory of
actual emissions from all sources, as described in section 172(c)(3) by
November 15, 1992. On November 16, 1992, the LDEQ submitted an emission
inventory for Pointe Coupee as part of the Baton Rouge 1990 base year
submission. The EPA approved this 1990 base year inventory on March 15,
1995.
Reasonably Available Control Technology. To be redesignated, all
SIP revisions required by section 182(a)(2)(A) concerning RACT
requirements must have been submitted to the EPA and fully approved (59
FR
[[Page 37837]]
23166). Louisiana has met all RACT corrections requirements.
Vehicle Inspection and Maintenance (I/M). Section 182(a)(2)(B)
requires that States correct deficiencies in any existing I/M program.
There is not, however, any requirement under this section to implement
a new I/M program. Pointe Coupee did not have an I/M program in place
prior to 1990, so no outstanding I/M issues exist. It should be noted
that an I/M program has been adopted by the State in this parish, but
the EPA has not taken action to approve it.
Emissions Inventory Update and Statements. Section 182(a)(3)(A)
required a periodic update of the area's emission inventory under
paragraph (1) within three years of its submittal. The State included a
1993 inventory with the December 20, 1995 submittal of its maintenance
plan and redesignation request for Pointe Coupee. Section 182(a)(3)(B)
required a SIP submission by November 15, 1992, to require stationary
sources of NOX and VOCs to provide statements of actual emissions.
Louisiana submitted an annual emissions statement SIP revision on March
3, 1993. This revision was approved in the Federal Register on January
6, 1995 at 60 FR 2014.
General Offset Requirement. Section 182(a)(4) required the State to
develop VOC emission offset requirements in the ratio of 1.1 to 1. As
discussed previously under the section 172(c)(5) NSR requirements, the
EPA has determined that areas being redesignated need not comply with
the NSR requirement prior to redesignation. Section 172(c)(5)(c) of the
NSR requirements specifies the requirements for offsets.
(3) Fully Approved SIP Under Section 110(k)
Based on the approval of provisions under the pre-amended Act and
the EPA's prior approval of SIP revisions under the 1990 Amendments,
the EPA has determined that Pointe Coupee has a fully approved SIP
under section 110(k), which also meets the applicable requirements of
section 110 and part D as discussed above.
(4) Improvement in Air Quality Due to Permanent and Enforceable
Measures
The EPA approved the Louisiana SIP control strategy for Pointe
Coupee, satisfied that the rules and the emission reductions achieved
as a result of those rules were enforceable. The control measures to
which the emission reductions are attributed are VOC RACT regulations,
the Federal Motor Vehicle Control Program (FMVCP), and lower Reid Vapor
Pressure (RVP) for gasoline. The FMVCP and RVP reduced VOC emissions
from motor vehicles by 47 percent from 1990 to 1996. In addition, the
State permits program, the Prevention of Significant Deterioration
permits program, and the Federal Operating Permits program will help
counteract future emissions growth.
In association with its emission inventory discussed below, the
State of Louisiana has demonstrated that actual enforceable emission
reductions are responsible for the air quality improvement and that the
VOC emissions in the base year are not artificially low due to local
economic downturn. The EPA finds that the combination of existing the
EPA-approved state and federal measures contribute to the permanence
and enforceability of reduction in ambient ozone levels that have
allowed the area to attain the NAAQS.
(5) Fully Approved Maintenance Plan Under Section 175A
Section 175A sets forth the elements of a maintenance plan for
areas seeking redesignation from nonattainment to attainment. The plan
must demonstrate continued attainment of the applicable NAAQS for at
least ten years after the Administrator approves a redesignation to
attainment. Eight years after the redesignation, the State must submit
a revised maintenance plan which demonstrates attainment for the ten
years following the initial ten-year period. To provide for the
possibility of future NAAQS violations, the maintenance plan must
contain contingency measures, with a schedule for implementation,
adequate to assure prompt correction of any air quality problems. In
this document, the EPA is approving the State of Louisiana's
maintenance plan for Pointe Coupee because the EPA finds that
Louisiana's submittal meets the requirements of section 175A.
A. Emissions Inventory-Attainment Year Inventory
On December 20, 1995, the State of Louisiana submitted
comprehensive inventories of VOCs, NOX, and CO emissions from
Pointe Coupee. The inventories include area, stationary, and mobile
sources using 1993 as the base year for calculations to demonstrate
maintenance. The 1993 inventory is considered representative of
attainment conditions because the NAAQS was not violated during 1993
and was one of the three years (1991-1993) upon which the attainment
demonstration was based. The EPA is approving the 1993 base year
inventory in this document.
The State submittal contains the detailed inventory data and
summaries by county and source category. The UAM Emission Processing
System 2.0 Utility Program Bureau of Economic Analysis Factors was used
to generate the growth projections for the emissions inventory. These
factors were applied to the 1993 inventory to reflect the expected
emission levels through 2006.
The emission projections show an increase above the base year
levels for NOX. Because of this increase, the LDEQ was required to
provide justification that Pointe Coupee could maintain its air quality
in light of this projected NOX increase. The LDEQ submitted a UAM
demonstration with the redesignation request. The UAM demonstration was
used to demonstrate the impact of NOX emission increases on ozone
formation. The UAM analysis showed that the projected future mix of
emissions will not cause a violation of the NAAQS. The EPA UAM guidance
documents were used in developing model inputs.
The model was run using 1992 and 1993 meteorological conditions and
monitored ozone concentration data. This UAM demonstration illustrates
that the projected NOX levels during the maintenance period (1993-
2006) will not adversely affect ozone levels in Pointe Coupee. Please
see the TSD for details regarding the emission inventory and
projections, as well as a copy of the UAM modeling results.
The following table is a summary of the revised average peak ozone
season weekday VOC and NOX emissions for the major anthropogenic
source categories for the 1993 attainment year inventory.
Summary of VOC Emission Projections for Pointe Coupee Parish in Tons Per
Day
------------------------------------------------------------------------
1993 1999 2006
------------------------------------------------------------------------
Point Source VOC................................ 2.50 2.52 2.50
Area Source VOC................................. 0.94 0.98 0.88
Nonroad Source VOC.............................. 1.55 1.70 1.51
Onroad Source VOC............................... 1.63 1.21 1.18
-----------------------
Total VOC................................... 6.62 6.41 6.07
------------------------------------------------------------------------
Summary of NOX Emission Projections for Pointe Coupee Parish in Tons Per
Day
------------------------------------------------------------------------
1993 1999 2006
------------------------------------------------------------------------
Point Source NOX................................ 60.91 64.76 67.19
Area Source NOX................................. 0.03 0.03 0.03
Nonroad Source NOX.............................. 3.40 4.01 3.33
Onroad Source NOX............................... 2.56 2.19 2.12
-----------------------
[[Page 37838]]
Total NOX................................... 66.40 70.99 72.67
------------------------------------------------------------------------
B. Continued Attainment
Continued attainment of the ozone NAAQS in Pointe Coupee will
depend, in part, on the Federal and State control measures discussed
previously. However, the ambient air monitoring site will remain active
at its present location during the maintenance period. These data will
be quality assured and submitted to the Aerometric Information and
Retrieval System on a monthly basis. A monitored violation of the ozone
NAAQS will provide the basis for triggering measures contained in the
contingency plans. Additionally, as discussed above, during year eight
of the maintenance period, the LDEQ is required to submit a revised
plan to provide for maintenance of the ozone standard in Pointe Coupee
for the next ten years.
C. Contingency Plan
Section 175A requires that a maintenance plan include contingency
provisions, as necessary, to promptly correct any violation of the
NAAQS that occurs after redesignation of the area to attainment. The
contingency plan should clearly identify the measures to be adopted, a
schedule and procedure for adoption and implementation, and a specific
time limit for action by the State. The State should also identify
specific triggers which will be used to determine when the measures
need to be implemented.
The LDEQ has selected new Control Techniques Guidelines or
Alternative Control Technology rule implementation and NOX RACT as
contingency measures in Pointe Coupee. If at any time during the
maintenance period Pointe Coupee records a violation of the ozone
NAAQS, the LDEQ will evaluate the potential source(s) of that violation
and promulgate either VOC or NOX RACT rules as appropriate for the
affected source categories. The LDEQ will adopt rules within 9 months
of the violation, and affected sources must be in compliance with the
these rules within 2 years of the violation. These contingency measures
and schedules for implementation satisfy the requirements of section
175A(d).
D. Subsequent Maintenance Plan Revisions
In accordance with section 175A(b), the State has agreed to submit
a revised maintenance SIP eight years after the area is redesignated to
attainment. Such revised SIP will provide for maintenance for an
additional ten years.
Final Action
In today's action, the EPA is correcting the error made by removing
Pointe Coupee from the Baton Rouge serious ozone nonattainment area,
establishing Pointe Coupee Parish as a separate planning area in
accordance with section 110(k)(6). In addition, the EPA is correcting
the classification of the area from serious to marginal for ozone. In
accordance with sections 107(d)(2)(B), and 110(k)(6), the correction
action portion of this document is a final publication of the
classification of Pointe Coupee Parish to a marginal ozone
nonattainment area, and is not subject to the notice and comment
provisions of sections 553 through 557 of title 5 of the Administrative
Procedures Act.
The EPA has evaluated the State's redesignation request for Pointe
Coupee for consistency with the Act, the EPA regulations, and policy.
The EPA believes that the redesignation request and monitoring data
demonstrate that this area has attained the ozone standard. In
addition, the EPA has determined that the redesignation request meets
the requirements and policy set forth in the General Preamble and
policy memorandum discussed in this document for area redesignations,
and today is approving Louisiana's redesignation request for Pointe
Coupee Parish.
The EPA is publishing this action without prior proposal because
the EPA views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective September 20, 1996, unless adverse or critical comments
concerning the redesignation portion of this document are postmarked by
August 21, 1996. If the EPA receives such comments, this action will be
withdrawn before the effective date by publishing a subsequent document
that will withdraw the final action. All public comments received
concerning the redesignation portion of this document will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received on this action,
the public is advised that this action will be effective September 20,
1996.
The EPA has reviewed this redesignation request for conformance
with the provisions of the Act and has determined that this action
conforms to those requirements.
Regulatory Process
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, under 5 U.S.C. 605(b), the EPA may certify that the rule
will not have a significant impact on a substantial number of small
entities. See 46 FR 8709. Small entities include small businesses,
small not-for-profit enterprises, and governmental entities with
jurisdiction over populations of less than 50,000.
SIP approvals under section 110 and subchapter I, part D do not
create any new requirements, but simply approve requirements that the
State is already imposing. Therefore, because the Federal SIP-approval
does not impose any new requirements, I certify that it does not have a
significant impact on small entities. Moreover, due to the nature of
the Federal-State relationship under the Act, preparation of a
regulatory flexibility analysis would constitute Federal inquiry into
the economic reasonableness of State action. The Act forbids the EPA
from basing 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.
section 7410(a)(2). The Office of Management and Budget has exempted
this action from review under Executive Order 12866.
Under section 307(b)(1), petitions for judicial review of this
action must be filed in the United States Court of Appeals for the
appropriate circuit by September 20, 1996. Filing a petition for
reconsideration of this final rule by the Administrator does not affect
the finality of this rule for purposes of judicial review; nor does it
extend the time within which a petition for judicial review may be
filed, or postpone the effectiveness of this rule. This action may not
be challenged later in proceedings to enforce its requirements (see
section 307(b)(2)).
Nothing in this action shall be construed as permitting, allowing,
or establishing a precedent for any future
[[Page 37839]]
request for a revision to any SIP. Each request for revision to the SIP
shall be considered separately in light of specific technical,
economic, and environmental factors and in relation to relevant
statutory and regulatory requirements.
Unfunded Mandates
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995, signed into law on March 22, 1995, the EPA must undertake
various actions in association with proposed or final rules that
include a Federal mandate that may result in estimated costs of $100
million or more to the private sector, or to State, local, or tribal
governments in the aggregate.
Through submission of this SIP or plan revision approved in this
action, the State and any affected local or tribal governments have
elected to adopt the program provided for under section 175A. The rules
and commitments approved in this action may bind State, local and
tribal governments to perform certain actions and also require the
private sector to perform certain duties. To the extent that the rules
and commitments being approved by this action will impose or lead to
the imposition of any mandate upon the State, local, or tribal
governments, either as the owner or operator of a source or as a
regulator, or would impose or lead to the imposition of any mandate
upon the private sector, the EPA's action will impose no new
requirements; such sources are already subject to these requirements
under State law. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
Therefore, the EPA has determined that this final action does not
include a mandate that may result in estimated costs of $100 million or
more to State, local, or tribal governments in the aggregate or to the
private sector.
SIP Actions Exempt From OMB Review
This action has been classified for signature by the Administrator
under the procedures published in the Federal Register on January 19,
1989 (54 FR 2214-2225), as revised by a July 10, 1995, memorandum from
Mary Nichols, Assistant Administrator for Air and Radiation. The Office
of Management and Budget has exempted this regulatory action from
Executive Order 12866 review.
Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) of the Administrative Procedure Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the General Accounting
Office prior to publication of the rule in today's Federal Register.
This rule is not a ``major rule'' as defined by section 804(2) of the
APA as amended.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental regulations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Air pollution control, National Parks, Wilderness areas.
Dated: June 27, 1996.
Carol M. Browner,
Administrator.
40 CFR Parts 52 and 81 are amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart T--Louisiana
2. Section 52.970 is amended by adding paragraph (c)(70) to read as
follows:
Sec. 52.970 Identification of plan.
* * * * *
(c) * * *
(70) The Louisiana Department of Environmental Quality submitted a
redesignation request and maintenance plan for Pointe Coupee Parish on
December 20, 1995. The redesignation request and maintenance plan meet
the redesignation requirements in section 107(d)(3)(E) of the Act as
amended in 1990. The redesignation meets the Federal requirements of
section 182(a)(1) of the Clean Air Act as a revision to the Louisiana
ozone State Implementation Plan for Pointe Coupee Parish. The EPA
therefore approved the request for redesignation to attainment with
respect to ozone for Pointe Coupee Parish on September 20, 1996.
(i) Incorporation by reference.
(A) Letter dated August 31, 1995, from Mr. Gustave Von Bodungen,
P.E., Assistant Secretary, Louisiana Department of Environmental
Quality, transmitting a copy of the Pointe Coupee Parish maintenance
plan for the EPA's approval.
(ii) Additional material.
(A) Letter dated August 28, 1995, from Governor Edwin E. Edwards of
Louisiana to Ms. Jane Saginaw, Regional Administrator, requesting the
reclassification and redesignation of Pointe Coupee Parish to
attainment for ozone.
(B) The ten year ozone maintenance plan, including emissions
projections and contingency measures, submitted to the EPA as part of
the Pointe Coupee Parish redesignation request on December 20, 1995.
3. Section 52.975 is amended by adding paragraph (d) to read as
follows:
Sec. 52.975 Redesignations and maintenance plans: Ozone.
* * * * *
(d) Approval. The Louisiana Department of Environmental Quality
submitted a redesignation request and maintenance plan for Pointe
Coupee Parish on December 20, 1995. The redesignation request and
maintenance plan meet the redesignation requirements in section
107(d)(3)(E) of the Act as amended in 1990. The redesignation meets the
Federal requirements of section 182(a)(1) of the Clean Air Act as a
revision to the Louisiana ozone State Implementation Plan for Pointe
Coupee Parish. The EPA therefore approved the request for redesignation
to attainment with respect to ozone for Pointe Coupee Parish on
September 20, 1996.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. In Sec. 81.319, the ozone table is amended by revising the
entries for the Baton Rouge Area and adding an entry for Pointe Coupee
Area in alphabetical order to read as follows:
Sec. 81.319 Louisiana.
* * * * *
[[Page 37840]]
Louisiana--Ozone
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -------------------------------------------------------------------------------
Date \1\ Type Date Type
----------------------------------------------------------------------------------------------------------------
Baton Rouge Area:
Ascension Parish............ .................. Nonattainment..... .................. Serious.
East Baton Rouge Parish..... .................. Nonattainment..... .................. Serious.
Iberville Parish............ .................. Nonattainment..... .................. Serious.
Livingston Parish........... .................. Nonattainment..... .................. Serious.
West Baton Rouge Parish..... .................. Nonattainment..... .................. Serious.
* * * * * *
*
Pointe Coupee Area:
Pointe Coupee Parish........ September 20, 1996 Attainment........ .................. ..................
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.
* * * * *
[FR Doc. 96-18194 Filed 7-19-96; 8:45 am]
BILLING CODE 6560-50-P
