[Federal Register Volume 63, Number 45 (Monday, March 9, 1998)]
[Rules and Regulations]
[Pages 11372-11374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5983]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[LA 25-1-7375a; FRL-5971-5]
Approval and Promulgation of Implementation Plans for Louisiana:
General Conformity Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This action approves a revision to the Louisiana State
Implementation Plan (SIP) that contains section LAC 33:III.1405.B of
the State general conformity rule and removes the conditional approval
in 40 CFR 52.994(a). The EPA approved the Louisiana general conformity
rule on September 13, 1996 (61 FR 48409) conditioned upon the State
making certain revisions to LAC 33:III.1405.B. The State of Louisiana
has fully satisfied the condition for approval with the revision
submitted by the Governor on September 8, 1997.
The EPA is approving this SIP revision under sections 110(k) and
176 of the Clean Air Act (the Act). The rationale for the approval and
other information are provided in this notice.
DATES: This action is effective on May 8, 1998, unless adverse or
critical comments are received by April 8, 1998. If the effective date
is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Comments should be mailed to Mr. Thomas H. Diggs, Chief, Air
Planning Section (6PDL) at the Region 6 address. Copies of the State's
submittal and other relevant information are available for inspection
during normal business hours at the following locations. Interested
persons wanting to examine these documents should make an appointment
with the appropriate office at least 24 hours before the visiting day.
Air Planning Section (6PDL), Multimedia Planning and Permitting
Division, Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Dallas, Texas 75202, Telephone: (214) 665-7214.
Air Quality Division, Louisiana Department of Environmental
Quality, 7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810,
Telephone: (504) 765-0219.
Documents which are incorporated by reference are available for
public inspection at Air and Radiation Docket and Information Center,
Environmental Protection Agency, 401 M Street, S.W., Washington, D.C.
20460.
FOR FURTHER INFORMATION CONTACT: Mr. J. Behnam, P. E., Air Planning
Section (6PDL), Multimedia Planning and Permitting Division,
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas,
Texas 75202, telephone (214) 665-7247.
SUPPLEMENTARY INFORMATION:
I. Background
Conformity provisions first appeared in the Act, as amended, in
1977 (Public Law 95-95). Although these provisions did not define
conformity, they provided that no Federal department could engage in,
support in any way, or provide financial assistance for, license or
permit, or approve any activity which did not conform to a SIP that has
been approved or promulgated for the nonattainment or maintenance
areas.
The 1990 Amendments of the Act expanded the scope and content of
the conformity provisions by defining conformity to an implementation
plan. Conformity is defined in section 176(c) of the Act as conformity
to the SIP's purpose of eliminating or reducing the severity and number
of violations of the National Ambient Air Quality Standards and
achieving expeditious attainment of such standards, and that such
activities will not: (1) Cause or contribute to any new violation of
any standard in any area, (2) increase the frequency or severity of any
existing violation of any standard in any area, or (3) delay timely
attainment of any standard or any required interim emission reductions
or other milestones in any area.
The Act requires EPA to promulgate criteria and procedures for
determining conformity of all other Federal actions in the
nonattainment or maintenance areas (actions other than those under
Title 23 U.S.C. or the
[[Page 11373]]
Federal Transit Act) to a SIP. The criteria and procedures developed
for this purpose are called ``general conformity'' rules. The rules
pertaining to actions under Title 23 U.S.C. or the Federal Transit Act
were published in a separate Federal Register notice on November 24,
1993 (see 58 FR 62188). The EPA published the final general conformity
rules on November 30, 1993 (58 FR 63214) and codified them at 40 CFR
part 51, subpart W--Determining Conformity of General Federal Actions
to State or Federal Implementation Plans. The general conformity rules
require the States and local air quality agencies (where applicable) to
adopt and submit a general conformity SIP revision to the EPA not later
than November 30, 1994.
The EPA conditionally approved the Louisiana general conformity
rule on September 13, 1996 (61 FR 48409). At the time of initial
review, section 1405.B of the State rule allowed the State
administrative authority to approve changes to the emissions estimating
methods and use of new or modified models in the air quality and
conformity analyses. This is contrary to 40 CFR 51.859 of the EPA
general conformity rule which requires use of the EPA approved
procedures and models, and retains the EPA's approval authority for any
deviation from the recommended provisions. In addition, section LAC
33:III.1411 of the State rule which contains identical requirements as
EPA's 40 CFR 51.859, requires approval of the EPA Regional
Administrator for use of the modified emissions estimating methods and
models if they are deviations from the EPA's recommended procedures or
models. The EPA could not approve this SIP revision unless this
inconsistency was corrected in section 1405.B of the State's general
conformity rule. The State was required to make this correction and
submit a SIP revision within twelve months of the final approval date
of the conditional approval action (September 15, 1997).
II. Evaluation of State's Submission
On September 8, 1997, the Governor of Louisiana submitted a SIP
revision in compliance with the conditional approval action of the
State general conformity rule. The State has adequately corrected the
deficiency which was cited in the original action of September 13, 1996
(61 FR 48409) and has revised section 1405.B to achieve consistency
with the Federal rule. This correction makes the entire State general
conformity rule consistent with the Federal requirements in 40 CFR part
51, subpart W.
III. Final Action
The EPA is approving a revision to the Louisiana general conformity
SIP, specifically LAC 33:III.1405.B, based on the Governor's submission
of September 8, 1997, and rationale provided in this action. This
correction makes the entire State general conformity rule consistent
with the Federal requirements in 40 CFR part 51, subpart W. The State
has undertaken appropriate public participation and interagency
consultations during revision of LAC 33:III.1405.B at the local level.
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 May 8, 1998, unless adverse or critical comments concerning
this action are submitted and postmarked by April 8, 1998. 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 this action
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
May 8, 1998.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget has exempted this action from
review under Executive Order 12866.
B. Regulatory Flexibility
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 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 impose any new requirements, the EPA certifies 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).
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.
C. 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 sections 110 and 176 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, 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
[[Page 11374]]
governments in the aggregate or to the private sector.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added 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 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 May 8, 1998. 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)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
General conformity, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Volatile organic compounds.
Dated: February 9, 1998.
Lynda F. Carroll,
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 for 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)(75) to read as
follows:
Sec. 52.970 Identification of plan.
* * * * *
(c) * * *
(75) A revision to the Louisiana State Implementation Plan for
General Conformity: LAC 33:III. Chapter 14. Subchapter A ``Determining
Conformity of General Federal Actions to State or Federal
Implementation Plan,'' Section 1405.B as adopted by the Louisiana
Department of Environmental Quality Secretary and published in the
Louisiana Register, Vol. 23, No. 6, 720, June 20, 1997, was submitted
by the Governor on September 8, 1997.
(i) Incorporation by reference.
(A) Louisiana General Conformity: LAC 33:III. Chapter 14.
Subchapter A ``Determining Conformity of General Federal Actions to
State or Federal Implementation Plan'', Section 1405.B as adopted by
the Louisiana Department of Environmental Quality Secretary and
published in the Louisiana Register, Vol. 23, No. 6, 720, June 20,
1997.
Sec. 52.994 [Removed]
3. Section 52.994 is removed.
[FR Doc. 98-5983 Filed 3-6-98; 8:45 am]
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