[Federal Register Volume 59, Number 69 (Monday, April 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8578]


[[Page Unknown]]

[Federal Register: April 11, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-8-1-5733; FRL-4861-7]

 

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: Notice of proposed rulemaking.

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SUMMARY: The EPA is proposing to approve revisions to the Louisiana 
State Implementation Plan (SIP) adopted by the Louisiana Department of 
Environmental Quality on October 20, 1992. The Governor of Louisiana 
submitted these revisions to the EPA on November 10, 1992. This SIP 
revision contains regulations which require the implementation of RACT 
for various types of VOC sources. These revisions are necessitated by 
the inclusion of Livingston Parish in the Baton Rouge nonattainment 
area, and the removal of the distinction between rural and urban ozone 
nonattainment areas, called for by the Clean Air Act Amendments (CAAA) 
of 1990. In addition, the rules have been revised to reflect the 
lowering of the major source definition from 100 tons per year to 50 
tons to insure all major sources adopt RACT. This action is being taken 
under section 110 and subchapter I, part D, of the Clean Air Act (CAA), 
as amended in 1990.
DATES: Comments on this proposed action must be received in writing by 
May 11, 1994.

ADDRESSES: Comments should be mailed to Thomas H. Diggs, Chief, Air 
Planning Section (6T-AP), USEPA, Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202-2733. Copies of the State's submittal and other information 
are available for inspection during normal hours at the above location 
and 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.
    Louisiana Department of Environmental Quality, Air Quality 
Division, 7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810.
    Anyone wishing to review these documents at the USEPA 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) 655-
7219.

SUPPLEMENTARY INFORMATION:

Background

    Under the pre-amended Clean Air Act, ozone nonattainment areas were 
required to adopt RACT rules for sources of VOC emissions. The EPA 
issued three sets of control technique guideline (CTG) documents, 
establishing a ``presumptive norm'' for RACT for various categories of 
VOC sources. The three sets of CTGs were: (1) Group I--those issued 
before January 1978 (15 CTGs); (2) Group II--those issued in 1978 (nine 
CTGs); and (3) Group III--those issued in the early 1980's (five CTGs). 
Those sources not covered by a CTG were called non-CTG sources. The EPA 
determined that the area's attainment date determined which RACT rules 
that the area needed to adopt and implement. Under CAA section 172, 
ozone nonattainment areas were generally required to attain the ozone 
standard by December 31, 1982. Those areas that submitted an attainment 
demonstration projecting attainment by that date were required to adopt 
RACT for sources covered by the Group I and II CTGs. Those areas that 
sought an extension of the attainment date to as late as December 31, 
1987, under CAA section 172 were required to adopt RACT for all CTG 
sources and for all major non-CTG sources.
    The Baton Rouge serious nonattainment area consists of six 
parishes-East and West Baton Rouge, Ascension, Iberville, Livingston, 
and Pointe Coupee. Under the pre-amended Act, the EPA designated the 
Baton Rouge area as nonattainment. This area included East and West 
Baton Rouge Parishes. The State established a pre-enactment attainment 
date of 1982 for the Baton Rouge nonattainment area and, therefore, 
RACT was required for Group I and Group II CTGs.
    However, the Baton Rouge area did not attain the ozone standard by 
the 1982 attainment date. Therefore, the area was called upon to adopt 
the Group III CTGs. The area, however, continued to exceed the ozone 
standard. On May 26, 1988, the EPA notified the Governor of Louisiana 
that portions of the SIP were inadequate to attain and maintain the 
ozone standard and requested that deficiencies in the existing SIP be 
corrected (EPA's post-1987 SIP call). The SIP planning called for the 
air quality area to be expanded to include the entire Metropolitan 
Statistical Area (MSA). This decision was based on the conclusion that 
the parameters considered in defining the areas that comprise the MSA 
are basically the same factors that influence the formation of ozone, 
namely large population centers and high commuter activity and that 
sources (e.g., vehicles) throughout the MSA contribute to the area's 
nonattainment. Consequently, Ascension, St. James1, 
Iberville2, Livingston, and Pointe Coupee Parishes were included 
in the SIP call area. On November 15, 1990, amendments to the 1977 CAA 
were enacted (Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 
7401-7671q). In amended section 182(a)(2)(A) of the CAA, Congress 
statutorily adopted the requirement that pre-enactment ozone 
nonattainment areas that retained their designation of nonattainment 
and were classified as marginal or above, fix their deficient RACT 
rules for ozone by May 15, 1991. The Baton Rouge area retained its 
designation of nonattainment and was classified as serious (56 FR 
56694-November 6, 1991). Louisiana corrected these rules in a series of 
submissions. These rules were proposed for approval on September 30, 
1992 (see 57 FR 45012). Pre-amendment guidance distinguished between 
urban and rural nonattainment areas, ``urban'' and ``rural'' being 
defined by population. Since urban areas were believed to need more 
controls than rural areas, and CTGs were not meant to be all-
encompassing, States also had to develop RACT for non-CTG sources in 
urban nonattainment areas. For the purposes of the post-1987 SIP calls, 
East and West Baton Rouge Parishes were urban nonattainment, and 
Ascension, Iberville, Pointe Coupee, and St. James Parishes were rural 
nonattainment. The distinction between urban and rural did not affect 
most of these revisions because, generally, Louisiana adopted rules on 
a statewide basis. But it should be noted that some of the rules did 
not apply to the same degree in all of the parishes covered by the 
post-1987 SIP calls.
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    \1\Air monitoring data since the post-1987 SIP call indicates 
that St. James Parish may have attained the National Ambient Air 
Quality Standards (NAAQS) for ozone. It has retained its 
nonattainment designation but is classified as an incomplete data 
area. Therefore, St. James Parish is not subject to section 
182(a)(2)(A) of the amended act. Louisiana has, however, corrected 
any deficiencies regarding enforceability of existing rules 
applicable to St. James Parish, which is a requirement before the 
parish can be redesignated to attainment. See the General Preamble 
57 FR 13498, at 13525 (April 16, 1992).
    \2\Although Iberville and Pointe Coupee were not part of the 
MSA, the EPA included these parishes in the SIP call area because of 
their proximity to the MSA and their nonattainment status based upon 
the most recent air monitoring data.
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Section 182(b)(2) of the amended CAA requires States to adopt RACT 
rules for all areas designated nonattainment for ozone and classified 
as moderate or above. There are three parts to the section 182(b)(2) 
RACT requirement: (1) RACT for sources covered by an existing CTG--
i.e., a CTG issued prior to the enactment of the CAAA of 1990; (2) RACT 
for sources covered by a post-enactment CTG; and (3) RACT for all major 
sources not covered by a CTG. This RACT requirement mandates that 
nonattainment areas that previously were exempt from certain VOC RACT 
requirements ``catch up'' to those nonattainment areas that became 
subject to those requirements during an earlier period. In addition, it 
requires newly designated ozone nonattainment areas to adopt RACT rules 
consistent with those for previously designated nonattainment areas.
    The major source definition for serious areas has been lowered 
under the amended CAA to sources that emit or have the potential to 
emit 50 tons per year (TPY) or greater of VOCs. Therefore, since the 
Baton Rouge area is designated as serious, the State was required to 
adopt RACT rules for all sources in the area which exceed this cut-off. 
Prior to revision, two CTG source categories did not require controls 
down to the 50 TPY level-petroleum drycleaners and graphic arts 
sources. The Baton Rouge nonattainment area inventory does not contain 
any major sources (potential to emit 50 TPY or greater) of petroleum 
drycleaners. To meet the requirements of the CTG major source 
definition, the State extended the applicability of RACT rules for 
graphic arts sources to sources with a potential to emit 50 TPY and 
greater. The Louisiana Department of Environmental Quality (LDEQ) also 
reduced the cut-off exemption to 50 TPY (potential to emit) in some 
existing regulations applicable to the Baton Rouge nonattainment area. 
However, for non-CTG sources, Louisiana Administrative Code 
(LAC):33:III.2115(H) changed the cutoff exemption to 50 TPY, rather 
than 50 TPY potential to emit as required by the major source 
definition in the CAA section 182(c). Therefore, EPA's approval of 
LAC:33:III.2115(H) is contingent on the State's submission to EPA of a 
negative declaration stating that no non-CTG sources exist in the Baton 
Rouge nonattainment area which have a potential to emit of 50 TPY or 
more of VOCs, and that none are expected.
    In addition to the pre-enactment nonattainment area retaining its 
nonattainment designation, the EPA also extended the nonattainment area 
boundaries to include Livingston Parish (56 FR 56694), because all 
portions of an MSA must be included in serious and above nonattainment 
areas. Therefore, Livingston Parish is subject to RACT as defined in 
section 182(b)(2). And, under the RACT catch-up provision of section 
182(b)(2) and (c), the State was required, for Livingston Parish, to 
submit RACT rules covering all pre-enactment CTGs, to identify all 
sources that the State anticipates will be covered by a post-enactment 
CTG, and to submit non-CTG rules for all remaining major sources, 
including those with a potential to emit 50 TPY or greater of VOC 
emissions. An explanation of which rules have been revised to include 
Livingston Parish is addressed below under the heading EPA Evaluation.
    VOCs contribute to the production of ground level ozone and smog. 
Therefore, rules were required as part of an effort to achieve the 
NAAQS for ozone. The following is the EPA's evaluation and proposed 
action for Louisiana Air Code: Title 33: Rules 2103, Storage of 
Volatile Organic Compounds; 2109, Oil/Water Separation; 2115, Waste Gas 
Disposal; 2123, Organic Solvents; 2125, Vapor Degreasers; 2131, Filling 
of Gasoline Storage Vessels; 2135, Bulk Gasoline Terminals; 2143, 
Graphic Arts (Printing) by Rotogravure and Flexographic Processes.

EPA Evaluation

    In determining the approvability of a VOC rule, the EPA must 
evaluate the rule for consistency with the requirements of the CAA and 
the EPA regulations, as found in section 110 and part D of the CAA and 
40 CFR part 51 (Requirements for Preparation, Adoption, and Submittal 
of Implementation Plans). The EPA interpretation of these requirements, 
which forms the basis for today's action, appears in various EPA policy 
guidance documents.
    To evaluate these rules, the EPA used the CTGs and ``Issues 
Relating to VOC Regulation Cutpoints, Deficiencies and Deviations'' 
(Clarification to Appendix D. of November 24, 1987: 52 FR 45044). In 
general, the technical review of these rules was completed for the RACT 
``fix-up'' approval. For further information, see the RACT ``fix-up'' 
Technical Support Document. Further technical review was not necessary 
because changes only extend the geographic coverage of existing rules 
and lower the existing source cutoffs to be consistent with CAA 
requirements.
    The following rule revisions have been submitted, and the EPA 
proposes full approval:

LAC:33:III.2103, 2109, 2115, 2131, 2135. Changes were made to these 
rules to include the nonattainment parish of Livingston. Under the 
CAAA of 1990, Livingston Parish became part of the Baton Rouge MSA 
and hence a part of the nonattainment area.
LAC:33:III.2123, 2125, 2143. Changes were made to these rules to 
include those parishes that were exempted from certain RACT 
requirements due to their ``rural'' classification. RACT catch-up 
removes the distinction between ``urban'' and ``rural'' 
nonattainment areas. Included parishes are Ascension, Iberville, and 
Pointe Coupee.
LAC:33:III.2143. Graphic Arts (Printing) by Rotogravure and 
Flexographic Processes. Section 182(b)(2)(C) of the CAAA requires 
the institution of RACT for all major sources. This rule was revised 
to be applicable to sources with a potential to emit at least 50 TPY 
of VOCs to insure all major sources are covered by RACT.
LAC:33:III.2115(H). Waste Gas Disposal Exemptions. This rule was 
revised to insure that all non-CTG major sources adopt RACT. The 
revision covers sources with at least 50 TPY of VOC emissions. This 
revision in itself does not fully satisfy section 182 (b)(2)(c), 
since the revision does not identify those sources with a 
``potential to emit'' 50 TPY. As mentioned previously, the State 
must present a negative declaration concerning non-CTG major sources 
in the Baton Rouge nonattainment area for final approval of these 
revisions to proceed. Additionally, this rule is designed to exempt 
waste gas streams that are small and are not part of the emissions 
of certain facilities. Changes were made to the exemptions portion 
of this rule to allow for the State to grant exemptions to the Waste 
Gas Disposal rule requirements without the need for EPA approval if 
specific emissions criteria are met. Prior to this revision, EPA 
evaluation of all exemption requests was required. However, since 
certain emission levels are specifically quantified for exemptions, 
the EPA believes it is unnecessary to review applications based on 
emission level criteria. However, the EPA must still evaluate and 
approve any exemption application that is based on economic, safety, 
or impractical considerations.

Proposed Action

    The EPA has evaluated the State's submittal for consistency with 
the CAA, EPA regulations, and EPA policy. The EPA has determined that 
the proposed rules, with the exception of LAC:33:III. 2115, meet the 
CAA's requirements and today is proposing approval under section 
110(k)(3) of the above mentioned rules and is soliciting public 
comments. Final approval of these revisions will be based upon receipt 
by EPA of the aforementioned letter of negative declaration for major 
non-CTG sources in the Baton Rouge area. Comments submitted will be 
considered before taking final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to the EPA Regional Office listed in the ADDRESSES section of 
this action.
    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.

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 government entities with 
jurisdiction over population of less than 50,000.
    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 any small entities affected. 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 the EPA to base its actions concerning SIPs on such grounds 
(Union Electric Co. v. U.S. EPA, 427 U.S. 246, 256-66 (1976); 42 U.S.C. 
7410(a)(2)).

Executive Order 12291

    This action has been classified as a table two action by the 
Regional Administrator under the procedures published in the Federal 
Register on January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the 
Office of Management and Budget (OMB) waived table two and three SIP 
revisions from the requirements of section three of Executive Order 
12291 for a period of two years (54 FR 2222). The EPA has submitted a 
request for a permanent waiver for table two and three SIP revisions. 
The OMB has agreed to continue the waiver until such time as it rules 
on the EPA's request. This request continues in effect under Executive 
Order 12866, which superseded Executive Order 12291 on September 30, 
1993.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental regulations, Reporting 
and recordkeeping, Ozone, and Volatile organic compounds.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: March 31, 1994.
Joe D. Winkle,
Acting Regional Administrator.
[FR Doc. 94-8578 Filed 4-8-94; 8:45 am]
BILLING CODE 6560-50-F