[Federal Register Volume 59, Number 86 (Thursday, May 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10773]


[[Page Unknown]]

[Federal Register: May 5, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-4-1-5637; FRL-4878-5]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Louisiana; Correction of Volatile Organic Compound Reasonably Available 
Control Technology Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action approves revisions to the Louisiana State 
Implementation Plan (SIP) as submitted by the Governor on the following 
days: June 13, 1990, October 26, 1990, May 24, 1991, and March 24, 
1992. These revisions and this action are necessary for several 
reasons. First, on May 26, 1988, the EPA notified the State of 
Louisiana that its SIP for attaining the National ambient air quality 
standard (NAAQS) for ozone was substantially inadequate as it applied 
to the seven parishes comprising the Baton Rouge ozone nonattainment 
area: Ascension, East Baton Rouge, Iberville, Livingston, Pointe 
Coupee, St. James, and West Baton Rouge. This document called for the 
State to correct deficiencies in its Volatile Organic Compound (VOC) 
Reasonably Available Control Technology (RACT) rules as they applied to 
those parishes. Second, on November 8, 1989, the EPA notified Louisiana 
that its ozone SIP was substantially inadequate as it applied to 
Calcasieu Parish, which comprises the Lake Charles ozone nonattainment 
area, and also called for the State to correct existing deficiencies in 
its VOC RACT rules as these applied to Calcasieu Parish. Third, the 
Clean Air Act Amendments (CAAA) of 1990, required the State to revise 
its SIP to correct VOC RACT deficiencies within six months of 
enactment. Finally, the VOC RACT rules must be recodified to provide 
consistency between the State's code and the SIP. The effect of today's 
action will be to correct existing deficiencies in the VOC RACT rules 
of the Louisiana SIP as required by the EPA notices of deficiency and 
the CAAA and to recodify the VOC RACT rules to conform with the State's 
code. This action is being taken under section 110 and part D of the 
Clean Air Act (CAA), as amended by the CAAA of 1990.

EFFECTIVE DATE: This final rule will become effective on June 6, 1994.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
following locations:

    U.S. Environmental Protection Agency, Region 6, Planning Section 
(6T-AP), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733.
    Louisiana Department of Environmental Quality, Air Quality 
Division, 7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810.
    Air Docket, 6102, Environmental Protection Agency, 401 M Street, 
SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Guy Donaldson, EPA Air Programs Branch 
at (214) 655-7214.

SUPPLEMENTARY INFORMATION: In the Federal Register on November 24, 
1987, the EPA's Proposed Post-1987 Policy for Ozone and Carbon Monoxide 
stated that air quality monitors revealed continued exceedances of the 
ozone standard in the Baton Rouge area of Louisiana and that a ``SIP 
call'' would be issued (See 52 FR 45044). A SIP call is a finding by 
the EPA that the SIP does not provide for attainment by the required 
date.1 In a letter dated May 26, 1988, to Governor Buddy Roemer, 
the EPA notified the State of Louisiana that because the Baton Rouge 
area had failed to attain the NAAQS for ozone by December 31, 1987, as 
required under section 172 of the CAA, its SIP was substantially 
inadequate and would need to be revised. Later, on November 8, 1989, 
the EPA notified the State that its SIP as it applied to Calcasieu 
Parish was substantially inadequate to achieve the ozone NAAQS in that 
area (i.e., LakeCharles).2 The EPA requested that the State 
respond to the SIP calls in two phases. Pursuant to the first phase, 
the State was to: (1) Correct identified deficiencies in the existing 
SIP's VOC regulations; (2) adopt VOC regulations previously required or 
committed to but never adopted; and (3) update the area's base year 
emissions inventory. Just as the Post 1987 SIP calls were being 
anticipated, the Louisiana Department of Environmental Quality 
recodified its air quality regulations. The bulk of this effort was 
conditionally approved March 8, 1989, at 54 FR 9783.3 The VOC RACT 
rules were not approved as part of the recodification at that time 
because the majority of the VOC RACT rules as recodified were 
substantially changed from the rules previously approved as part of the 
SIP. This is because the State had revised its VOC RACT rules for 
various reasons, but the revisions had not been incorporated into the 
federally-approved SIP. Given the discrepancies between the State code 
and the SIP, the EPA decided not to approve the recodification of the 
VOC RACT rules to avoid confusing the public about which version was 
part of the federally-approved SIP. Now that the revised VOC 
regulations are considered acceptable, the EPA is simultaneously 
approving the substantive revisions and the recodification and will 
refer to the VOC RACT rules by the recodified designations.
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    \1\Under the pre-amended Act, section 110(a)(2)(H) provided for 
a finding by the Administrator that a ``plan is substantially 
inadequate to achieve the (NAAQS).'' This provision was carried 
forth under the amended Act. In addition, Section 110(k)(5) of the 
amended Act reinforces the Agency's authority to make such a 
finding.
    \2\To avoid repetition, hereinafter the Baton Rouge and Lake 
Charles SIP calls will be referred to as the Post 1987 SIP calls.
    \3\The conditional approval of the rules has not been changed to 
final approval because the State still has not submitted changes to 
correct certain errors in the recodified rules. Also, since the 
publication of that conditional approval, the EPA has found that one 
rule, previously thought to be unchanged, was changed substantially. 
The Agency issued a correction to the conditional approval (57 FR 
8075, March 6, 1992) to note that the language of the recodified 
rule in question is not being approved.
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    Since the Post 1987 SIP calls, Congress amended the CAA on November 
15, 1990. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 
7401-7671q. Under the CAAA, those areas that were designated 
nonattainment before enactment of the CAAA, and which retained that 
designation and were classified as marginal or above as of 
enactment,4 were required to meet the section 182(a)(2)(A) RACT 
fix-up requirement by May 15, 1991. The Baton Rouge and Lake Charles 
nonattainment areas are classified as serious and marginal, 
respectively, and therefore, are subject to the RACT fix-up 
requirement. Under section 182(a)(2)(A), those areas were required to 
correct RACT as it was required under pre-amendment guidance.5 The 
Post 1987 SIP call letters interpreted that guidance and indicated 
corrections necessary for specific nonattainment areas.
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    \4\Air monitoring data since the Post 1987 SIP call indicate 
that St. James Parish may have attained the NAAQS for ozone. It has 
retained its nonattainment designation but is classified as 
incomplete data. Therefore, St. James Parish is not subject to 
section 182(a)(2)(A) of the CAAA. Louisiana will, however, have to 
correct any deficiencies regarding enforceability of existing rules 
applicable to St. James Parish before the parish could be 
redesignated to attainment. See the General Preamble 57 FR 13498, at 
13525 (April 16, 1992).
    \5\Among other things, the pre-amendment guidance consists of 
those portions of the Post-1987 ozone and carbon monoxide policy 
that concern RACT, 52 FR 45044 (November 24, 1987); the Bluebook, 
``Issues Relating to VOC Regulation Cutpoints, Deficiencies and 
Deviations, Clarification to Appendix D of November 24, 1987 Federal 
Register Notice'' (for which notice of availability was published in 
the Federal Register on May 25, 1988); and the existing CTGs.
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    The Louisiana Department of Environmental Quality (LDEQ) adopted 
revisions to the VOC RACT rules in a series of actions making revisions 
to various sections of LAC:33:III: Chapter 1 (pertaining to General 
Provisions), Chapter 21 (pertaining to Control of Emissions of Organic 
Compounds), and Chapter 61 (pertaining to Test Methods). The first 
submittal in response to the Post 1987 SIP calls, sent to the EPA in a 
letter dated June 13, 19906, contained revisions to Chapter 21 as 
adopted on January 20 and February 20, 1990. The second submittal from 
the Governor, dated October 26, 1990, contained further corrections to 
Chapter 21 as adopted July 20, 1990. A third submittal dated May 9, 
1991, contained revisions as adopted by emergency rulemaking procedures 
on May 1, 1991. A fourth submittal, received May 24, 1991, contained 
revisions to the VOC regulations adopted by the LDEQ on November 20, 
1990, and April 20, 1991.
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    \6\EPA has already taken action on a portion of Louisiana's June 
13, 1990, submittal. Those portions, Subchapter B, Organic Solvents, 
Section 2123, paragraphs C.6 and D.3, were approved on September 7, 
1990 (55 FR 36811). Louisiana revised these sections pursuant to an 
Order of the United States District Court for the Western District 
of Louisiana in the case of United States v. General Motors 
Corporation. Civil Action No. CV87-1890S.
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    Because the LDEQ could not meet the statutory deadline using its 
regular rulemaking procedures, it resorted to emergency procedures 
allowed under the State's Administrative Procedures Act (LSA R.S. 
49:953(B), 30:2011, and 30:2054) to make final corrections to the VOC 
RACT rules. These procedures allow rules to be revised without public 
hearing but limit their effectiveness to 120 days. By using these 
procedures, Louisiana was able to make the required submission on May 
9, 1991. However, since the rules are only effective for 120 days, the 
LDEQ also used its regular rulemaking process and adopted these rules 
again on July 20, 1991. These regulations were submitted to the EPA on 
March 26, 1992.
    The Louisiana emergency measures submitted on May 9, 1991, were not 
subject to notice and public hearing at the State level. Pursuant to 
section 110(a)(1) of the CAAA, the EPA requires States to submit SIPs 
and SIP revisions that the State has adopted ``after reasonable notice 
and public hearing.'' The State cured this defect through its submittal 
of March 26, 1992. At that time, the State resubmitted the same rules, 
after it fulfilled the public notice and hearing requirements. 
Therefore, the EPA is approving these submittals in this action.
    At the same time that Louisiana submitted the rules that went 
through the public participation process, Louisiana resubmitted the 
recodification of the VOC RACT rules and submitted rules adopting 
capture efficiency test methods. Due to deficiencies in the recodified 
rules, they could not be approved when they were originally submitted. 
Because the deficiencies have now been corrected, the EPA can now 
approve the rules, and the State was asked to resubmit the recodified 
VOC RACT rules. The recodified VOC RACT rules, first submitted in 1988, 
serve as the baseline superseding all previous revisions concerning VOC 
RACT rules.
    On September 30, 1992 (57 FR 45012), the EPA published a notice of 
proposed rulemaking in the Federal Register to approve the above rules 
into the Louisiana SIP because they correct the specified deficiencies 
identified under the SIP call and satisfied the requirements of section 
182(a)(2)(A) of the CAAA. For a complete discussion of the EPA's 
evaluation of the submitted rules, the reader is directed to the 
Federal Register document referenced above. The EPA provided a 30 day 
comment period on the notice of proposed rulemaking. No adverse public 
comments were received.

Action

    The EPA approves revisions to the Louisiana SIP as submitted on 
June 13, 1990, October 26, 1990, May 24, 1991, and March 26, 1992. 
These revisions to the VOC RACT rules satisfy the requirements of the 
May 26, 1988, SIP call for the Baton Rouge nonattainment area, the 
November 8, 1989, SIP call for the Lake Charles nonattainment area and 
the RACT fix-up requirements of section 182(a)(2)(A) of the CAAA. The 
recodification meets the requirements of section 110 and part D of the 
CAAA.
    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, the EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D, of the 
CAAA 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 CAAA, preparation of a regulatory flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of State 
action. The CAAA forbids the EPA to base 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. 7410(a)(2)).
    Nothing in this action should be construed as allowing or 
establishing a precedent for any future request for revision to any 
SIP. Each request for revision to any SIP shall be considered 
separately in light of specific technical, economical, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    This action makes final the action proposed on September 30, 1992, 
at 57 FR 45012. As noted elsewhere in this document, the EPA received 
no adverse public comment on the proposed action. As a direct result, 
the Regional Administrator has reclassified this action from Table One 
to Table Two under the processing procedures established at 54 FR 2214, 
January 19, 1989.
    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 July 5, 1994. This action may not be 
challenged later in proceedings to enforce its requirements. See 
section 307(b)(2).
    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). A revision to the SIP 
processing review tables was approved by the Acting Assistant 
Administrator for Office of Air and Radiation on October 4, 1993 
(Michael Shapiro's memorandum to Regional Administrators). A future 
document will inform the general public of these tables. Under the 
revised tables, this action remains classified as a Table Two. On 
January 6, 1989, the Office of Management and Budget (OMB) waived Table 
Two and Table Three SIP revisions (54 FR 2222) from the requirements of 
section 3 of Executive Order 12291 for two years. The EPA has submitted 
a request for a permanent waiver for Table Two and Table 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, Intergovernmentalregulations, Reporting and 
recordkeeping, Ozone,Volatile organic compounds.

    Dated: Februrary 7, 1994.
Joe D. Winkle,
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)(60) to read as 
follows:


Sec. 52.970  Identification of plan.

* * * * *
    (c) * * *
    (60) A revision to the Louisiana State Implementation plan (SIP) to 
include revisions to Louisiana Administrative Code (LAC), Title 33, 
Environmental Quality, Part III. Air, Chapter 1, Chapter 21, and 
Chapter 61 as submitted by the Governor on June 13, 1990, October 26, 
1990, May 24, 1991, and March 24, 1992.
    (i) Incorporation by reference.
    (A) LAC, Title 33, Environmental Quality, Part III. Air, Chapter 21 
(December 1987). Control of Emission of Organic Compounds, except 
section 2105. Storage of Volatile Organic Components (Small Tanks).
    (B) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 1. General Provisions, section 111. Definitions-
Administrator, Administrative Authority*, Attainment Areas, 
Nonattainment Areas, SIP, Volatile Organic Compound, and Chapter 21. 
Control of Emission of Organic Compounds, Subchapter A. General, 
section 2103. Storage of Volatile Organic Compounds paragraphs A., C., 
D.1., D.1.a. through D.1.d., D.2., D.2.a., D.2.b., D.3., E., F., H.1., 
H.2., I. effective January 20, 1990.
    (C) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 21. Control of Emission of Organic Compounds Subchapter A. 
General, section 2107. Volatile Organic Compounds-Loading, section 
2109. Oil/Water-Separation, paragraphs A.1. through A.4., B. through 
D., section 2113. Housekeeping, paragraphs A.1 through A.3., A.5., 
section 2117. Exemptions, section 2119. Variances B., and Subchapter D. 
Cutback Paving Asphalt section 2127. Cutback Paving Asphalt, paragraphs 
A., B., C.1., C.2., C.3., D., D.1., D.1.b., D.1.c., D.1.d., and D.2., 
effective February 20, 1990.
    (D) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 21. Control of Emission of Organic Compounds, Subchapter 
B. Organic Solvents, section 2123. Organic Solvents, paragraphs C., 
C.1. through C.5., C.7. through C.9., effective February 20, 1990.
    (E) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 21. Control of Emission of Organic Compounds, Subchapter 
F. Gasoline Handling, section 2131. Filling of Gasoline Storage 
Vessels, paragraphs A., B., B.1., B.3., D., D.1., D.4., D.5., E., F., 
and G., section 2133. Gasoline Bulk Plants paragraphs A., A.1., A.3. 
through A.6., B., B.3., B.4., C. and D., section 2135. Bulk Gasoline 
Terminals paragraphs A., B., B.1.a., B.1.a.i., B.1.a.iii., B.1.d., B.2. 
through B.5., and C. through E., E.1. through E.4., and section 2137. 
Gasoline Terminal Vapor-Tight Control Procedure. effective July 20, 
1990.
    (F) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 21. Control of Emission of Organic Compounds Subchapter A. 
General, section 2101. Compliance Schedules, section 2115. Waste Gas 
Disposal paragraphs A., B., C., D., F., G., H., I.1. through I.5., J. 
through K., section 2121. Fugitive Emission Control paragraphs B., B.1, 
B.2., C., C.1.b., C.1.b.i., C.1.b.ii., C.1.b.iii., C.1.c, C.2., C.2.b., 
C.2.b.i., C.4., C.4.c., C.4.d., C.5. and G., Subchapter C. Vapor 
Degreasers, section 2125. Vapor Degreasers paragraphs A., A.1., A.2., 
A.2.i. through A.2.m., A.3., A.3.a. through A.3.d., B., B.1., B.7., 
B.8., C., C.1., C.1.a. through C.1.c., C.1.i., C.1.j., and D. through 
G., Subchapter E. Perchloroethylene Dry Cleaning Systems, section 2129. 
Perchloroethylene Dry Cleaning Systems paragraphs A., A.1., A.2., 
A.2.a. through A.2.c., C., and D., Subchapter H. Graphic Arts, section 
2143. Graphic Arts (Printing) by Rotogravure and Flexographic Processes 
paragraphs A., A.1., A.3., A.5., B., C. and D., Subchapter I. 
Pharmaceutical Manufacturing Facilities, section 2145. Pharmaceutical 
Manufacturing Facilities, paragraphs A., A.1., A.1.c., and E. through 
G. effective November 20, 1990.
    (G) 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 B.,D., D.2.c. through D.2.e., G., H.3., I.2.c., I.4. and 
I.5., section 2107. Volatile Organic Compounds-Loading paragraphs D.3. 
and D.4., section 2109. Oil/Water Separation paragraphs A., B.4., and 
B.5., section 2111. Pumps and Compressors, section 2113. Housekeeping 
paragraph A.4., section 2119. Variances paragraph A.; Subchapter D. 
Cutback Paving Asphalt, section 2127. Cutback Paving Asphalt paragraphs 
C. and D.1.a. effective April 20, 1991.
    (H) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 21. Control of Emission of Organic Compounds, section 
2115. Waste Gas Disposal paragraphs I., K., and K.4., section 2121. 
Fugitive Emission Control paragraphs A., C.1., C.1.b.iv. through 
C.1.b.vi., C.4.a., C.4.b., C.4.h., D., D.1., D.1.b. through D.1.f., and 
D.2., seciton 2123. Organic Solvents paragraphs A., A.1. through A.3., 
B., B.1., B.1.a. through B.1.c., C.11., D., D.1. through D.9., E., E.1. 
through E.7., F., and F.1. through F.4., Subchapter F. Gasoline 
Handling, section 2131. Filling of Gasoline Storage Vessels paragraphs 
D.2. and D.3., section 2135. Bulk Gasoline Terminals paragraph E.5., 
Subchapter G-Petroleum Refinery Operations, section 2139. Refinery 
Vacuum Producing Systems paragraphs A. and B. and section 2141. 
Refinery Process Unit Turnarounds effective July 20, 1991.
    (I) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 61. Division's Sources Test Manual, Subchapter A. Method 
43-Capture Efficiency Test Procedures section 6121 through section 6131 
effective July 20, 1991.
    (J) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air Chapter 1. General Provisions, section 111. Definitions-Coating, 
Department, Distance from Source to Property Line, Exceedance, 
Hydrocarbon, Leak, Miscellaneous Metal Parts and Products Coating, 
Nonattainment Area, Ozone Exceedance, SIP effective August 20, 1991.
[FR Doc. 94-10773 Filed 5-4-94; 8:45 am]
BILLING CODE 6560-50-F