[Federal Register Volume 60, Number 160 (Friday, August 18, 1995)]
[Rules and Regulations]
[Pages 43020-43026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20193]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[LA-24-1-7026a; FRL-5270-2]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of Louisiana;
Approval of the Maintenance Plans for the Parishes of Beauregard,
Grant, Lafayette, Lafourche, and St. Mary; Redesignation of these Ozone
Nonattainment Areas to Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On March 27, 1995, December 12, 1994, October 21, 1994,
November 18, 1994, and November 23, 1994, the State of Louisiana
submitted revised maintenance plans and requests to redesignate the
ozone nonattainment areas of Beauregard, Grant, Lafayette, Lafourche,
and St. Mary Parishes to attainment. These maintenance plans and
redesignation requests were initially submitted to the EPA during the
Summer of 1993. Although the EPA deemed these initial submittals
complete, certain approvability issues existed. The State of Louisiana
addressed these approvability issues and has revised its submissions.
Under the Clean Air Act (CAA), nonattainment areas may be redesignated
to attainment if sufficient data are available to warrant the
redesignation and the area meets the other CAA redesignation
requirements. In this action, EPA is approving Louisiana's
redesignation requests because they meet the maintenance plan and
redesignation requirements set forth in the CAA and EPA is approving
the 1990 base year emissions inventory. The approved maintenance plans
will become a federally enforceable part of the State Implementation
Plan (SIP) for Louisiana.
DATES: This final rule is effective on October 17, 1995, unless notice
is received by September 18, 1995 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 (6T-AP), U.S. 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:
U.S. Environmental Protection Agency, Region 6, Air Programs Branch
(6T-A), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street, SW., Washington, DC 20460.
Louisiana Department of Environmental Quality, Office of Air Quality,
P.O. Box 82135, Baton Rouge, Louisiana 70884-2135.
Anyone wishing to review this petition at the U.S. EPA office is
asked to contact the person below to schedule an appointment 24 hours
in advance.
FOR FURTHER INFORMATION CONTACT: Mr. Mick Cote, Planning Section (6T-
AP), Air Programs Branch, U.S. Environmental Protection Agency, Region
6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-
7219.
SUPPLEMENTARY INFORMATION:
Background
The CAA as amended in 1977 required areas that were designated
nonattainment based on a failure to meet the ozone national ambient air
quality standard (NAAQS) to develop SIPs with sufficient control
measures to expeditiously attain and maintain the standard. The areas
of Beauregard, Grant, Lafayette, Lafourche, and St. Mary Parishes,
Louisiana were designated under section 107 of the 1977 CAA as
nonattainment with respect to the ozone NAAQS on September 11, 1978 (40
CFR 81.319). In accordance with section 110 of the 1977 CAA, the State
of Louisiana submitted an ozone SIP as required by part D on December
10, 1979. EPA fully approved this ozone SIP on October 29, 1981 (46 FR
53412). 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 their volatile
organic compound (VOC) rules (59 FR 23164). For purposes of
[[Page 43021]]
redesignations, the State of Louisiana has an approved ozone SIP.
On November 15, 1990, the CAA Amendments of 1990 were enacted
(Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q).
The ozone nonattainment designation for each of these areas continued
by operation of law according to section 107(d)(1)(C)(i) of the CAA, as
amended in 1990 (See 56 FR 56694, November 6, 1991). Since the State
had not yet collected the required three years of ambient air quality
data necessary to petition for redesignation to attainment in the areas
of Beauregard, Grant, Lafourche, and St. Mary Parishes, each of these
areas was designated as unclassifiable-incomplete data for ozone.
Lafayette Parish had collected the required three years of ambient air
quality data, but the State likewise had not petitioned the EPA to
redesignate the area to attainment. Lafayette Parish was consequently
designated as unclassifiable-transitional for ozone.
The Louisiana Department of Environmental Quality (LDEQ) more
recently has collected ambient monitoring data that show no violations
of the ozone National Ambient Air Quality Standard (NAAQS) of .12 parts
per million. The State developed maintenance plans for the areas of
Beauregard, Grant, Lafayette, Lafourche, and St. Mary Parishes, and
solicited public comment. Subsequently, the State of Louisiana
submitted requests, through the Governor's office, to redesignate these
areas to attainment with respect to the ozone NAAQS. The initial
redesignation requests for Beauregard, Lafourche, and St. Mary Parishes
were submitted to the EPA on June 14, 1993. The initial redesignation
requests for Grant and Lafayette Parishes were submitted to the EPA on
May 25, 1993. Although these maintenance plans and redesignation
requests were deemed complete, several approvability issues existed.
The State of Louisiana addressed these approvability issues, and
submitted revised maintenance plans and redesignation requests
accordingly. The revised redesignation requests for the areas of
Beauregard, Grant, Lafayette, Lafourche, and St. Mary Parishes were
received on March 27, 1995, December 12, 1994, October 21, 1994,
November 18, 1994, and November 23, 1994, respectively. These revised
redesignation requests were accompanied by ozone maintenance SIPs.
Please see the TSD for the detailed air quality monitoring data.
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 of the CAA; (3) the area must
have a fully approved SIP under section 110(k) of the CAA; (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 of the CAA. Section 107(d)(3)(D) allows a Governor to initiate the
redesignation process for an area to apply for attainment status.
Please see EPA's Technical Support Document (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 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 plans and to the redesignation requests. The data come from
the State and Local Air Monitoring Station network. With the exception
of Grant Parish, the requests are based on ambient air ozone monitoring
data collected for 3 consecutive years from January 1, 1990, through
December 31, 1992. The data clearly show an expected exceedance rate of
less than 1 for all these areas.
The Grant Parish monitor did not collect data from April through
December of 1991 due to poor data capture. Once the data capture
problem was corrected, the monitor collected data continuously through
1992. The resulting data spanned three complete years, from January
1989 through March 1991, and January 1992 through December 1992. EPA
accepted the data as an adequate demonstration that the ozone standard
was attained in Grant Parish. The decision to consider the data
collected as adequate for redesignation purposes was based on several
factors. First, Grant Parish has 3 full years of ozone data over a four
year period. Second, Grant Parish is rural. The area's population is
less than 50,000, and Grant Parish is not adjacent to any urban area.
Third, Grant Parish has no major non-complying volatile organic
compound sources. Finally, there has been only one monitored ozone
concentration near the standard (0.103 ppm in October 1990) during the
4 year monitoring period.
The State did not collect ozone data for Grant Parish in 1993 or
1994. The ozone monitor was reinstalled in January 1995, and will
continue to operate for the duration of the maintenance period. While
the EPA generally requires that an area have the most recent three
years of data for redesignation purposes, we are departing from
established policy in this instance because of the continued downward
trend of measured ozone values in this area, and no significant
increase in the level of emissions in Grant Parish. Additionally,
preliminary ozone data collected from the Grant Parish monitor from
1995 supports this downward trend argument. Please see the TSD for a
detailed discussion of the area's downward trend.
In addition to the demonstration discussed above, 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 these areas in accordance with 40
CFR part 58.
In sum, EPA believes that the data submitted by the LDEQ provides
an adequate demonstration that the areas of Beauregard, Grant,
Lafayette, Lafourche, and St. Mary Parishes attained the ozone NAAQS.
Moreover, the monitoring data continue to show attainment to date.
If the monitoring data records a violation of the NAAQS before the
direct final action is effective, the direct final approval of the
redesignation will be withdrawn and a proposed disapproval substituted
for the direct
[[Page 43022]]
final approval. Please see the TSD for a detailed discussion of the
monitoring data.
(2) Section 110 Requirements
For purposes of redesignation, to meet the requirement that the SIP
contain all applicable requirements under the CAA, EPA has reviewed the
SIP to ensure that it contains all measures that were due under the CAA
prior to or at the time the State submitted its redesignation request,
as set forth in EPA policy. EPA interprets section 107(d)(3)(E)(v) of
the CAA 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 dates of submission of a
complete redesignation request are May 25, 1993, for Grant and
Lafayette Parishes, and June 14, 1993, for Beauregard, Lafourche, and
St. Mary Parishes. Requirements of the CAA 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 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 (CAA) 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.
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.
(3) Part D Requirements
Before the areas of Beauregard, Grant, Lafayette, Lafourche, and
St. Mary Parishes can be redesignated to attainment, the Louisiana SIP
must have fulfilled the applicable requirements of part D of the CAA.
Under part D, an area's classification indicates the requirements to
which it will be subject. Subpart 1 of part D sets forth the basic
nonattainment requirements applicable to all nonattainment areas,
classified as well as nonclassifiable. Subpart 2 of part D establishes
additional requirements for nonattainment areas classified under table
1 of section 181(a)(1). Since the areas of Beauregard, Grant,
Lafayette, Lafourche, and St. Mary Parishes are considered
nonclassifiable, the State is only required to meet the applicable
requirements of subpart 1 of part D--specifically sections 172(c) and
176. As long as EPA did not determine that any of the pertinent section
172(c) requirements were applicable prior to the submission of these
redesignation requests in 1993, none of these requirements are
applicable for purposes of this redesignation action.
Section 176(c) of the CAA 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 requirement to determine conformity applies
to transportation plans, programs and projects developed, funded, or
approved under title 23 U.S.C. or the Federal Transit Act
(``transportation conformity''), as well as to all other Federal
actions (``general conformity'').
Section 176 further provides that the conformity revisions to be
submitted by the States must be consistent with Federal conformity
regulations that the CAA required EPA to promulgate. The EPA
promulgated final transportation conformity regulations on November 24,
1993 (58 FR 62118) and general conformity regulations on November 30,
1993 (58 FR 63214). These conformity rules require that States adopt
both transportation and general conformity provisions in the SIP for
areas designated nonattainment or subject to a maintenance plan
approved under CAA section 175A.
Pursuant to 40 CFR 51.396 of the transportation conformity rule and
40 CFR 51.851 of the general conformity rule, the State of Louisiana
was required to submit a SIP revision containing transportation
conformity criteria and procedures consistent with those established in
the Federal rule by November 25, 1994. Similarly, Louisiana was
required to submit a SIP revision containing general conformity
criteria and procedures consistent with those established in the
Federal rule by December 1, 1994. Louisiana submitted both its
transportation and general conformity rules to EPA on November 10,
1994. As these requirements did not come due until after the original
submission date of these redesignation requests, these conformity rule
submissions need not be approved prior to taking action on these
redesignation requests.
The EPA recently published additional guidance on maintenance plans
and their applicability to conformity issues in a memorandum entitled
``Limited Maintenance Plan Option for Nonclassifiable Ozone
Nonattainment Areas,'' (limited maintenance plan memo) from Sally L.
Shaver, Director, Air Quality Strategies & Standards Division, on
November 16, 1994. This limited maintenance plan memo discusses
maintenance requirements for certain areas petitioning for
redesignation to attainment. Nonclassifiable ozone nonattainment areas
with design values less than 85% of the exceedance level of the ozone
standard are no longer required to project emissions over the
maintenance period.
The Federal transportation conformity rule (58 FR 62188) and the
Federal general conformity rule (58 FR 63214) apply to areas operating
under maintenance plans. Under either rule, one means by which a
maintenance area can demonstrate conformity for Federal projects is to
indicate that expected emissions from planned actions are consistent
with the emissions budget for the area. Based on guidance discussed in
the limited maintenance plan memo, emissions inventories in areas that
qualify for the limited maintenance plan approach are not required to
be projected over the life of the maintenance plan. EPA feels it is
unreasonable to expect that such an area will experience so much growth
in that period that a violation of the NAAQS would occur. Emissions
budgets in limited maintenance plan areas would be treated as
essentially not constraining emissions growth, and would not need to be
capped for the maintenance period. In these cases, Federal projects
subject to conformity determinations could be considered to satisfy the
``budget test'' of the Federal conformity rules.
(4) Fully Approved SIP
The EPA finds that the State of Louisiana has a fully approved SIP
for the areas of Beauregard, Grant,
[[Page 43023]]
Lafayette, Lafourche, and St. Mary Parishes.
(5) Permanent and Enforceable Measures
Under the CAA, EPA approved Louisiana's SIP control strategy for
the areas of Beauregard, Grant, Lafayette, Lafourche, and St. Mary
Parishes, satisfied that the rules and the emission reductions achieved
as a result of those rules were enforceable. Several Federal and
Statewide rules are in place which have significantly improved the
ambient air quality in these areas. Existing Federal programs, such as
the Federal Motor Vehicle Control Program and the Reid Vapor Pressure
(RVP) limit of 7.8 pounds per square inch for gasoline, will not be
lifted upon redesignation. These programs will counteract emissions
growth as the areas experience economic growth over the life of their
maintenance plans.
The State adopted VOC rules such as oil/water separation;
degreasing and solvent clean-up processes; surface coating rules for
large appliances, furniture, coils, paper, fabric, vinyl, cans,
miscellaneous metal parts and products, and factory surface coating of
flat wood paneling; solvent-using rules for graphic arts; and
miscellaneous industrial source rules such as for cutback asphalt. The
applicable reasonably available control technology (RACT) rules will
also remain in place in the areas of Beauregard, Grant, Lafayette,
Lafourche, and St. Mary Parishes. In addition, the State permits
program, the PSD permits program, and the Federal Operating Permits
program will help counteract emissions growth.
The EPA finds that the combination of existing EPA-approved SIP and
Federal measures ensure the permanence and enforceability of reductions
in ambient ozone levels that have allowed the area to attain the NAAQS.
(6) Fully Approved Maintenance Plan Under Section 175A
In today's document, EPA is approving the State's maintenance plans
for the areas of Beauregard, Grant, Lafayette, Lafourche, and St. Mary
Parishes because EPA finds that the LDEQ's submittal meets the
requirements of section 175A. Thus, these areas will have fully
approved maintenance plans in accordance with section 175A as of the
effective date of this redesignation. Section 175A of the CAA 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 that attainment will
continue to be maintained 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. Each of the section 175A plan requirements is
discussed below.
Demonstration of Maintenance
The requirements for an area to redesignate to attainment are
discussed in the memorandum entitled ``Procedures for Processing
Requests to Redesignate Areas to Attainment,'' John Calcagni, Director,
Air Quality Management Division, September 4, 1992 (Calcagni memo). One
aspect of a complete maintenance demonstration discussed in the
Calcagni memo is the requirement to develop an emission inventory from
one of the three years during which the area has demonstrated
attainment. This inventory should include VOCs, and oxides of nitrogen
(NOX) from the area in tons per day measurements. In addition to
the Calcagni memo, more recent guidance on the redesignation of certain
nonattainment areas to attainment is provided in the limited
maintenance plan memo.
Attainment Inventory
The LDEQ adopted comprehensive inventories of VOC, NOX, and CO
emissions from area, stationary, and mobile sources using 1990 as the
base year to demonstrate maintenance of the ozone NAAQS. EPA has
determined that 1990 is an appropriate year on which to base attainment
level emissions because EPA policy allows States to select any one of
the three years in the attainment period as the attainment year
inventory. The State's submittals contain the detailed inventory data
and summaries by source category.
The LDEQ provided the stationary source estimates for each company
meeting the emissions criteria by requiring the submission of complete
emission inventory questionnaires which had been designed to obtain
site-specific data. The LDEQ generated area source emissions for each
source category based on EPA's ``Procedures for the Preparation of
Emissions Inventories for Precursors of Carbon Monoxide and Ozone,
Volume I'', and the
EPA document entitled ``Compilation of Air Pollutant Emission
Factors''. The non-road mobile source inventory was developed using
methodology recommended in EPA's ``Procedures for Emission Inventory
Preparation. Volume IV: Mobile Sources''. Data were provided regarding
an EPA-sponsored study entitled ``Nonroad Engine Emission Inventories
for CO and Ozone Nonattainment Boundaries.'' On-road emissions of VOC,
NOX, and CO were calculated on a county-wide basis using EPA's
MOBILE5a computer model.
In the limited maintenance plan memo, EPA set forth new guidance on
maintenance plan requirements for certain ozone nonattainment areas.
The limited maintenance plan memo identified criteria through which
certain nonclassifiable ozone nonattainment areas could choose to
submit less rigorous maintenance plans. As mentioned earlier, the
method for calculating design values is presented in the June 18, 1990
memorandum, ``Ozone and Carbon Monoxide Design Value Calculations,''
from William G. Laxton, former Director of the Office of Air Quality
Planning and Standards Technical Support Division. Nonclassifiable
ozone nonattainment areas whose design values are calculated at or
below 0.106 parts per million (ppm) at the time of redesignation, are
no longer required to project emissions over the maintenance period.
The 0.106 ppm represents 85% of the ozone exceedance level of 0.125
ppm. As explained in the November 16, 1994 limited maintenance plan
memo, the EPA believes if an area begins the maintenance period at or
below 85% of the ozone exceedance level of the NAAQS, the existing
Federal and SIP control measures, along with the PSD program, will be
adequate to assure maintenance of the ozone NAAQS in the area. The
areas of Beauregard, Grant, Lafayette, Lafourche, and St. Mary Parishes
have calculated design values of 0.106, 0.090, 0.102, 0.096, and 0.085
ppm, respectively. In light of this, and the lack of any recent history
of violations of the ozone NAAQS, EPA believes that it is reasonable to
conclude that the combination of the RACT measures in the SIP, the
Federal Motor Vehicle Control Program, the RVP limit of 7.8 pounds per
square inch, and the applicability of preconstruction review in
accordance with the prevention of significant deterioration (PSD)
requirements of part C of Title I, provides adequate assurance that the
ozone NAAQS will be maintained. Thus, the EPA believes these areas
[[Page 43024]]
qualify for the limited maintenance plan approach.
The following are tables of the revised average peak ozone season
weekday VOC and NOX emissions for the major anthropogenic source
categories for the 1990 attainment year inventory.
Beauregard Parish
------------------------------------------------------------------------
1990
Emissions source tons per
day
------------------------------------------------------------------------
Point Source CO............................................... 60.20
Point Source VOC.............................................. 9.19
Point Source NOX.............................................. 12.00
Area Source CO................................................ 0.28
Area Source VOC............................................... 1.66
Area Source NOX............................................... 0.11
Nonroad CO.................................................... 8.62
Nonroad VOC................................................... 1.93
Nonroad NOX................................................... 3.72
Onroad CO..................................................... 19.6
Onroad VOC.................................................... 2.69
Onroad NOX.................................................... 3.23
---------
Total CO................................................ 88.70
---------
Total VOC............................................... 15.47
---------
Total NOX............................................... 19.05
------------------------------------------------------------------------
Grant Parish
------------------------------------------------------------------------
1990
Emissions source tons
per day
------------------------------------------------------------------------
Point Source CO................................................ 0.53
Point Source VOC............................................... 0.28
Point Source NOX............................................... 3.03
Area Source CO................................................. 0.14
Area Source VOC................................................ 3.31
Area Source NOX................................................ 0.05
Nonroad CO..................................................... 5.49
Nonroad VOC.................................................... 1.26
Nonroad NOX.................................................... 3.21
Onroad CO...................................................... 28.00
Onroad VOC..................................................... 3.59
Onroad NOX..................................................... 3.81
--------
Total CO................................................. 34.15
--------
Total VOC................................................ 8.44
--------
Total NOX................................................ 10.11
------------------------------------------------------------------------
Lafayette Parish
------------------------------------------------------------------------
1990 tons
Emissions source per day
------------------------------------------------------------------------
Point Source CO.............................................. 0.44
Point Source VOC............................................. 0.25
Point Source NOX............................................. 5.35
Area Source CO............................................... 1.19
Area Source VOC.............................................. 7.47
Area Source NOX.............................................. 0.52
Nonroad CO................................................... 56.97
Nonroad VOC.................................................. 9.61
Nonroad NOX.................................................. 37.28
Onroad CO.................................................... 123.46
Onroad VOC................................................... 14.98
Onroad NOX................................................... 17.10
----------
Total CO............................................... 182.05
----------
Total VOC.............................................. 32.31
----------
Total NOX.............................................. 60.25
------------------------------------------------------------------------
Lafourche Parish
------------------------------------------------------------------------
1990
Emissions source tons per
day
------------------------------------------------------------------------
Point Source CO............................................... 1.33
Point Source VOC.............................................. 5.56
Point Source NOX.............................................. 9.56
Area Source CO................................................ 0.45
Area Source VOC............................................... 3.89
Area Source NOX............................................... 0.43
Nonroad CO.................................................... 16.68
Nonroad VOC................................................... 3.57
Nonroad NOX................................................... 1.44
Onroad CO..................................................... 63.08
Onroad VOC.................................................... 8.31
Onroad NOX.................................................... 10.17
---------
Total CO................................................ 81.54
---------
Total VOC............................................... 21.33
---------
Total NOX............................................... 21.6
------------------------------------------------------------------------
St. Mary Parish
------------------------------------------------------------------------
1990 tons
Emissions source per day
------------------------------------------------------------------------
Point Source CO.............................................. 684.55
Point Source VOC............................................. 24.79
Point Source NOX............................................. 31.57
Area Source CO............................................... 0.49
Area Source VOC.............................................. 2.99
Area Source NOX.............................................. 0.22
Nonroad CO................................................... 13.85
Nonroad VOC.................................................. 2.62
Nonroad NOX.................................................. 3.18
Onroad CO.................................................... 32.44
Onroad VOC................................................... 4.31
Onroad NOX................................................... 5.61
----------
Total CO............................................... 731.33
----------
Total VOC.............................................. 34.71
----------
Total NOX.............................................. 40.58
------------------------------------------------------------------------
The attainment inventories submitted by the LDEQ for these areas
meet the redesignation requirements as discussed in the Calcagni memo
and limited maintenance plan memo. Therefore, the EPA is today
approving the emissions inventory component of the maintenance plans
for the areas of Beauregard, Grant, Lafayette, Lafourche, and St. Mary
Parishes.
Continued Attainment
Continued attainment of the ozone NAAQS in the areas of Beauregard,
Grant, Lafayette, Lafourche, and St. Mary Parishes will depend, in
part, on the Federal and State control measures discussed previously.
However, the ambient air monitoring sites will remain active at their
present locations during the maintenance period. These data will be
quality assured and submitted to the Aerometric Information and
Retrieval System (AIRS) on a monthly basis. As discussed in the limited
maintenance plan memo, certain monitored ozone levels will provide the
basis for triggering measures contained in the contingency plan.
Additionally, as discussed above, during year 8 of the maintenance
period, the LDEQ is required to submit a revised plan to provide for
maintenance of the ozone standard in these areas for the next ten
years.
Contingency Plan
Section 175A of the CAA 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 VOC offsets and new Control Techniques
Guidelines (CTG) or Alternative Control Technology (ACT) rule
implementation as its contingency measures. At any time during the
maintenance period, if the areas of Beauregard, Grant, Lafayette,
Lafourche, and St. Mary Parishes record a second exceedance of the
ozone NAAQS within any consecutive three-year period, the LDEQ will
promulgate a rule change to implement VOC offsets in the applicable
parish. This rule will be submitted to EPA within 9 months of the
second exceedance. Implementation will occur immediately upon
verification of a third exceedance of the ozone standard in any
consecutive 3 year period.
Should Beauregard, Grant, Lafayette, Lafourche, or St. Mary
Parishes experience a third exceedance of the ozone standard during any
consecutive 3 year period, the LDEQ will promulgate a rule revision to
place new CTG and ACT VOC rules (where applicable) in the affected
parish. These rules will be submitted to the EPA within 9 months
[[Page 43025]]
of the third exceedance. Implementation will occur immediately upon
verification that a violation of the ozone standard has occurred. These
contingency measures and schedules for implementation satisfy the
requirements of section 175A(d).
Final Action
The EPA has evaluated the State's redesignation request for the
areas of Beauregard, Grant, Lafayette, Lafourche, and St. Mary
Parishes, Louisiana, for consistency with the CAA, EPA regulations, and
EPA policy. The EPA believes that the redesignation requests and
monitoring data demonstrate that these areas have attained the ozone
standard. In addition, the EPA has determined that the redesignation
requests meet the requirements and policy set forth in the General
Preamble and policy memorandum discussed in this notice for area
redesignations, and today is approving Louisiana's redesignation
request for the areas of Beauregard, Grant, Lafayette, Lafourche, and
St. Mary Parishes.
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 published elsewhere
in this Federal Register, the EPA is proposing to approve the SIP
revision should adverse or critical comments be filed. This action will
be effective October 17, 1995, unless adverse or critical comments are
received by September 18, 1995. 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 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 October 17, 1995.
The EPA has reviewed these redesignation requests for conformance
with the provisions of the CAA 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.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 17, 1995. 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 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.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on small entities. Moreover, due to the
nature of the Federal-State relationship under the CAA, preparation of
a regulatory flexibility analysis would constitute Federal inquiry into
the economic reasonableness of State action. The CAA forbids 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.
Unfunded Mandates
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, 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 of the
Clean Air Act. 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, 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, 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.
List of Subjects in 40 CFR Parts 52 and 81
Environmental protection, Air pollution control, Area designations,
Hydrocarbons, Incorporation by reference, Intergovernmental
regulations, National parks, Reporting and recordkeeping, Ozone,
Volatile organic compounds, Wilderness areas.
Dated: July 21, 1995.
A. Stanley Meiburg,
Acting Regional Administrator (6A).
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 52.975 is added to read as follows:
Sec. 52.975 Redesignations and maintenance plans; ozone.
Approval. The Louisiana Department of Environmental Quality (LDEQ)
submitted redesignation requests and maintenance plans for the areas of
Beauregard, Lafourche, and St. Mary Parishes on June 14, 1993.
Redesignation requests and maintenance plans were submitted for the
areas of Grant and Lafayette on May 25, 1993. The EPA deemed these
[[Page 43026]]
requests complete on September 10, 1993. Several approvability issues
existed, however. The LDEQ addressed these approvability issues in
supplemental ozone redesignation requests and revised maintenance
plans. These supplemental submittals were received for the areas of
Beauregard, Grant, Lafayette, Lafourche, and St. Mary Parishes on March
27, 1995, December 12, 1994, October 21, 1994, November 18, 1994, and
November 23, 1994, respectively. The redesignation requests and
maintenance plans meet the redesignation requirements in section
107(d)(3)(E) of the Act as amended in 1990. The redesignations meet the
Federal requirements of section 182(a)(1) of the Clean Air Act as a
revision to the Louisiana ozone State Implementation Plan for these
areas. The EPA therefore approved the request for redesignation to
attainment with respect to ozone for the areas of Beauregard, Grant,
Lafayette, Lafourche, and St. Mary Parishes on October 17, 1995.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7871q.
2. In Sec. 81.319, the attainment status designation table for
ozone is amended by revising the entries for Beauregard, Grant,
Lafayette, Lafourche, and St. Mary Parishes under ``Designated Area''
to read as follows:
Sec. 81.319 Louisiana.
* * * * *
Louisiana--Ozone
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Beauregard Parish.......... Oct. 17, 1995............. Attainment..........
* * * * * *
*
Grant Parish............... Oct. 17, 1995............. Attainment..........
* * * * * *
*
Lafayette Parish........... Oct. 17, 1995............. Attainment..........
* * * * * *
*
Lafourche Parish........... Oct. 17, 1995............. Attainment..........
* * * * * *
*
St. Mary Parish............ Oct. 17, 1995............. Attainment..........
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.
[FR Doc. 95-20193 Filed 8-17-95; 8:45 am]
BILLING CODE 6560-50-P
