[Federal Register Volume 61, Number 144 (Thursday, July 25, 1996)]
[Rules and Regulations]
[Pages 38590-38591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18641]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[LA-8-1-6391; FRL-5525-8]
Approval and Promulgation of Implementation Plans; Louisiana
State Implementation Plan Revision; Major Source Definition Corrections
for Reasonably Available Control Technology (RACT) Rules; Volatile
Organic Compounds (VOC) RACT Catch-Ups
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is approving revisions to the Louisiana State
Implementation Plan (SIP) adopted by the Louisiana Department of
Environmental Quality on October 20, 1992, and March 26, 1993. This SIP
revision contains regulations which require the implementation of RACT
for various types of VOC sources. The intended effect of this action is
to approve these revisions to the VOC regulations. This action is being
taken under section 110 and subchapter I, Part D, of the Clean Air Act
as amended in 1990 (the Act).
EFFECTIVE DATE: This final rule is effective on August 26, 1996.
ADDRESSES: Copies of the documents 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, SW., Washington, DC 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), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, telephone (214) 665-7219.
SUPPLEMENTARY INFORMATION:
Background
On April 11, 1994, the EPA published a notice of proposed
rulemaking (NPR) for the State of Louisiana in the Federal Register
(FR). See 59 FR 17078. The NPR proposed approval of RACT revisions to
the SIP regulations concerning the control of VOC emissions. The SIP
revision was submitted by the State of Louisiana on November 10, 1992,
with a subsequent submittal on March 26, 1993.
Specific requirements of the revised VOC regulations and the
rationale for the EPA's proposed action are explained in the NPR and
will not be restated here. No public comments were received on the NPR.
The EPA's approval of these revisions was contingent on the State's
submission to the EPA of a negative declaration stating that no non-
Control Techniques Guidelines sources exist in the Baton Rouge
nonattainment area which have a potential to emit of 50 tons per year
or more of VOCs, and that none are expected. The State of Louisiana
verified that no such sources exist and submitted a letter of negative
declaration to the EPA on March 29, 1994.
Final Action
The EPA has evaluated the State's submittal for consistency with
the Act. The EPA has determined that the revised rules meet the Act's
requirements and today is approving the SIP revision under section
110(k)(3) of the Act.
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. See 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 18709. Small entities include small businesses,
small not-for-profit enterprises, and governmental entities with
jurisdiction over populations of less than 50,000.
The 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
[[Page 38591]]
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 (OMB) has
exempted this action from review under Executive Order 12866.
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 September 23, 1996. Filing a petition for
reconsideration of this final rule by the Regional 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) of the Act.
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.
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 of the
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, 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.
Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) of the Administrative Procedures Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, the 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.
SIP Actions Exempt from OMB Review
This action has been classified for signature by the Regional
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 OMB has exempted this regulatory action from Executive
Order 12866 review.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental regulations, Reporting
and recordkeeping, Ozone, Volatile organic compounds.
Dated: June 12, 1996.
Allyn M. Davis,
Acting Regional Administrator.
40 CFR part 52 is 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)(64) to read as
follows:
Sec. 52.970 Identification of plan.
* * * * *
(c) * * *
(64) Revisions to the Louisiana SIP addressing VOC RACT catch-up
requirements were submitted by the Governor of Louisiana by letters
dated December 21, 1992, and April 13, 1993.
(i) Incorporation by reference.
(A) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter
A. General; section 2103. Storage of Volatile Organic Compounds,
paragraphs G., G.1., G.4.; section 2109. Oil/Water Separation,
paragraph B.4.; section 2215. Waste Gas Disposal, introductory
paragraph, paragraph H., H.5.; Subchapter B. Organic Solvents; section
2123. Organic Solvents, paragraph D.6.; Subchapter C. Vapor Degreasers;
section 2125. Vapor Degreasers, paragraph D.; Subchapter F. Gasoline
Handling; section 2131. Filling of Gasoline Storage Vessels, paragraphs
D., D.1., D.3., G.; section 2135. Bulk Gasoline Terminals, paragraph
A.; Subchapter H. Graphic Arts; section 2143. Graphic Arts (Printing)
by Rotogravure and Flexographic Processes, paragraph B, as adopted by
LDEQ on October 20, 1992.
(B) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter
A. General; section 2115. Waste Gas Disposal, introductory paragraph,
paragraphs H.1., H.1.a. through H.1.d., H.2., H.2.a., H.2.b., H.3., L.,
as adopted by LDEQ on March 20, 1993.
(ii) Additional material.
(A) Letters dated November 10, 1992 and December 21, 1992, signed
by Edwin Edwards, Governor of Louisiana.
(B) Letter dated April 14, 1993, signed by Edwin Edwards, Governor
of Louisiana.
(C) Letter of negative declaration dated March 29, 1994, signed by
Gustave Von Boduungen, P.E., Assistant Secretary, LDEQ.
* * * * *
[FR Doc. 96-18641 Filed 7-24-96; 8:45 am]
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