[Federal Register Volume 63, Number 173 (Tuesday, September 8, 1998)]
[Rules and Regulations]
[Pages 47429-47431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24043]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[LA-47-1-7388a; FRL-6156-3]
Approval and Promulgation of Implementation Plans; Louisiana:
Reasonable Available Control Technology for Emissions of Volatile
Organic Compounds from Batch Processes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving a revision to the Louisiana State
Implementation Plan (SIP) rule requiring Reasonable Available Control
Technology (RACT) for emissions of Volatile Organic Compounds (VOC)
from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Batch
Processes. The EPA finds the rules for Batch Processes in the Louisiana
SIP are consistent with EPA's guidance for this source category and
therefore constitute RACT. This action converts the conditional
approval to a full approval.
DATES: This action is effective on November 9, 1998 unless adverse or
critical comments are received by October 8, 1998. If EPA receives such
comments, then it will publish a timely withdrawal in the Federal
Register informing the public that this rule will not take effect.
[[Page 47430]]
ADDRESSES: Written comments on this action should be addressed to Mr.
Thomas H. Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region
6 Office listed below.
Copies of documents relevant to this action are available for
public inspection during normal business hours at the following
locations. Anyone wanting to examine these documents should make an
appointment with the appropriate office at least two working days in
advance.
Environmental Protection Agency, Region 6, Air Planning Section (6PD-
L), 1445 Ross Avenue, Dallas, Texas 75202-2733.
Louisiana Department of Environmental Quality, Air Quality Division,
7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810, telephone
(504) 765-7247.
Documents which are incorporated by reference are available for
public inspection at the Air and Radiation Docket and Information
Center, Environmental Protection Agency, 401 M Street, SW., Washington,
DC 20460.
FOR FURTHER INFORMATION CONTACT: Bill Deese of the EPA Region 6 Air
Planning Section (6PD-L) at (214) 665-7253 at the Region 6 address
above.
SUPPLEMENTARY INFORMATION:
I. Background
A. RACT Rule Requirements
Sections 182(b)(2)(A) and 182(c) of the Clean Air Act (the Act) as
amended in 1990 requires States to adopt RACT rules for stationary
sources of VOCs located in ozone nonattainment areas classified as
moderate or above that are covered by a Control Technique Guideline
(CTG). A CTG has been developed by EPA providing guidance on the level
of control that constitutes RACT for SOCMI processes.
B. Conditional Approval
On December 2, 1997 (62 FR 63658), EPA conditionally approved the
Louisiana SOCMI Batch Processing RACT rule. The rule was conditionally
approved because of a deficiency identified in the single unit
operation exemption thresholds. The State made a commitment to EPA to
correct the deficiency in the rule within one year of the publication
of the conditional approval. This condition was codified in 40 CFR
52.994(b).
C. State Submittal
In a letter dated March 23, 1998, the Governor of Louisiana
submitted a revision to the Batch Processing RACT rule found in
Louisiana Administrative Code, Title 33, Part III, Section 2149 (LAC
33:III.2149) entitled ``Limiting Volatile Organic Compound Emissions
from Batch Processing.'' The revision eliminates the individual process
single unit operation exemptions and sets the overall single unit
operation exemption to 500 pounds per year or less. The revision also
adds language which clarifies the successive ranking scheme exemptions
for aggregate streams of unit operations. Louisiana's rules for Batch
Processes are consistent with EPA's guidance for this source category
and therefore have been determined to constitute RACT.
The EPA removed 40 CFR 52.994(b) by mistake in a Federal Register
action published March 9, 1998 (63 FR 11374), when EPA removed the
entire section 40 CFR 52.994. The intent of the March 9, 1998, action
was to remove only section 52.994(a). Because 40 CFR 52.994(b) is
already removed, it not necessary to remove it in this action.
II. Final Action
The EPA is approving a revision to the Louisiana SIP rule requiring
RACT for emissions of VOC from SOCMI Batch Processes. Louisiana's rules
for Batch Processes are consistent with EPA's guidance for this source
category and therefore have been determined to constitute RACT. The
rule revision sets the overall single unit operation exemption to 500
pounds per year and clarifies the successive ranking scheme exemptions
for aggregate streams of unit operations. This action converts the
conditional approval to a full approval.
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed section of this Federal
Register publication, EPA is publishing a separate document that will
serve as the proposal to approve the SIP revision should relevant
adverse comments be filed. This rule will be effective November 9, 1998
without further notice unless the Agency receives relevant adverse
comments by October 8, 1998.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on this rule. The EPA will not institute
a second comment period on this rule. Only parties interested in
commenting on this rule should do so at this time. If no such comments
are received, the public is advised that this rule will be effective on
November 9, 1998 and no further action will be taken on the proposed
rule.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
III. Administrative Requirements
A. Executive Orders (E.O.) 12866 and 13045
The Office of Management and Budget has exempted this regulatory
action from E.O. 12866, entitled ``Regulatory Planning Review,''
review. The final rule is not subject to E.O. 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks,'' because it is not an ``economically significant'' action under
E.O. 12866.
B. Regulatory Flexibility
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 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).
C. 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
[[Page 47431]]
that includes a Federal mandate that may result in estimated 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 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
preexisting 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.
D. 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
E. Petitions 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 November 9, 1998. 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,
Incorporation by reference, Ozone, Volatile organic compounds.
Dated: August 21, 1998.
Jerry Clifford,
Acting Regional Administrator, Region 6.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation of part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart T--Louisiana
2. Section 52.970 is amended by adding paragraph (c)(77) to read as
follows:
Sec. 52.970 Identification of plan.
* * * * *
(c) * * *
(77) Revisions to the Louisiana Administrative Code, Title 33, Part
III, Chapter 21, Section 2149 (LAC 33:III.2149), ``Limiting Volatile
Organic Compound Emissions from Batch Processing,'' submitted by the
Governor on March 23, 1998.
(i) Incorporation by reference.
LAC 33:III Chapter 21, revised paragraph 2149.A.2.b; paragraphs
2149.C.2.a, b, and c become paragraphs 2149.C.2.d, e, and f
respectively; and add new paragraphs 2149.C.2.a, b, and c, as adopted
in the Louisiana Register on November 20, 1997 (LR 23:1507).
(ii) Additional material. None.
[FR Doc. 98-24043 Filed 9-4-98; 8:45 am]
BILLING CODE 6560-50-P
