[Federal Register Volume 59, Number 214 (Monday, November 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27541]


[[Page Unknown]]

[Federal Register: November 7, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-20-1-6628; FRL-5102-7]

 

Transportation Conformity; Approval of Petition for Exemption 
From Nitrogen Oxides Provisions, Nonclassifiable Ozone Nonattainment 
Areas, Louisiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing approval of a petition from the State of 
Louisiana requesting that the nonclassifiable ozone nonattainment areas 
in the State be exempted from the requirement to perform the oxides of 
nitrogen (NOX) portion of the build/no-build test required by the 
new Federal transportation conformity rule. This petition for exemption 
was submitted on August 5, 1994.

DATES: Comments on this proposed action must be received in writing by 
December 7, 1994.

ADDRESSES: Comments should be mailed to Guy R. Donaldson, Acting Chief, 
Air Planning Section (6T-AP), US EPA Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202-2733. Copies of the State's petition and other 
information relevant to this action 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, TX 75202-2733.
Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, 401 M Street, SW., Washington, DC 20460.
Louisiana Department of Environmental Quality, Air Quality Division, 
P.O. Box 82135, Baton Rouge, LA 70884-2135.

    Anyone wishing to review this petition at the US EPA 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) 665-
7219.

SUPPLEMENTARY INFORMATION:

Background

    The transportation conformity final rule entitled ``Criteria and 
Procedures for Determining Conformity to State or Federal 
Implementation Plans of Transportation Plans, Programs, and Projects 
Funded or Approved Under title 23 U.S.C. or the Federal Transit Act,'' 
was published in the Federal Register on November 24, 1993 (58 FR 
62188). This action was required under section 176(c)(4) of the Clean 
Air Act (CAA) as amended in 1990.
    The transportation conformity rule requires each ozone 
nonattainment area and maintenance area to perform a regional analysis 
of motor vehicle volatile organic compound and NOX emissions from 
any planned transportation project. This analysis must demonstrate that 
the emissions which would result from the proposed transportation 
system, if the transportation plan were implemented, are within the 
total allowable level of emissions described in the motor vehicle 
emissions budget.
    Until an attainment demonstration or maintenance plan is approved 
by the EPA, this emissions analysis must pass the build/no-build test. 
This analysis must demonstrate that the emissions from the planned 
transportation project, if implemented, would be less than the 
emissions without the planned transportation project. Thus, the build/
no-build test is intended to ensure that the transportation plan 
contributes to annual emissions reductions consistent with the CAA 
until such time as the attainment demonstration or maintenance plan is 
approved. For further information concerning the Federal transportation 
conformity requirements, see 40 CFR part 51, subpart T and 40 CFR part 
93, subpart A.

Transportation Conformity and Section 182(f) Exemptions

    On June 17, 1994, the EPA published a national interpretation of 
transportation conformity and Section 182(f) exemptions entitled 
``Transportation Conformity; General Preamble for Exemption From 
Nitrogen Oxides Provisions'' (59 FR 31238) (General Preamble). This 
General Preamble clarifies and interprets how ozone nonattainment areas 
classified as less than marginal, which have air quality monitoring 
data demonstrating attainment of the National Ambient Air Quality 
Standards (NAAQS) for ozone, may be exempted from certain NOX 
requirements.
    As discussed in the General Preamble, both the transportation 
conformity rule and CAA section 182(f)(1)(A) state that NOX 
requirements shall not apply in nonattainment areas if the 
Administrator determines that additional reductions of NOX would 
not contribute to attainment of the NAAQS for ozone in the area. The 
EPA also issued two guidance documents on section 182(f) exemptions. 
These two documents, ``State Implementation Plan (SIP) Requirements for 
Areas Submitting Requests for Redesignation to Attainment of the Ozone 
and Carbon Monoxide (CO) NAAQS on or after November 15, 1992'' dated 
September 17, 1993, and ``Guideline for Determining the Applicability 
of Nitrogen Oxide Requirements under Section 182(f)'' dated December 
1993, state that if an area has attained the ozone standard, additional 
NOX reductions would not contribute to attainment.
    As explained in the General Preamble, the EPA believes that a 
demonstration of attainment made through adequate air quality 
monitoring data, consistent with 40 CFR part 58 and recorded in the 
EPA's Aerometric Information Retrieval System (AIRS), can qualify an 
area as a ``clean data area''. Further, the EPA believes these ``clean 
data areas'' can request an exemption from the NOX provisions of 
transportation conformity. The section 182(f) exemption will be 
conditioned upon the area's monitoring data continuing to demonstrate 
attainment after an exemption is granted. If the EPA determines that an 
exempted area has violated the ozone standard, the section 182(f) 
exemption will be rescinded. Any decision to rescind the NOX 
exemption would be based on an evaluation of the air quality data 
recorded in AIRS. Past conformity determinations and transportation 
plans would not be affected, but new conformity determinations would be 
subject to the NOX provisions of the conformity rule.

Analysis of State Submittal

    The State of Louisiana has ten parishes designated as 
nonclassifiable ozone nonattainment areas. Nonclassifiable ozone 
nonattainment areas had air quality data which demonstrated attainment 
of the ozone standard, but had not petitioned the EPA for redesignation 
to attainment before the Clean Air Act Amendments (CAAA) were passed. 
These parishes were nonattainment prior to the 1990 CAAA, and retained 
their ozone nonattainment designations with the passage of the CAAA. 
Transitional areas possessed the required three years of air quality 
data, while incomplete data areas had less than the required three 
years of data.
    Beauregard, Grant, Lafourche, St. James and St. Mary Parishes were 
classified as incomplete data areas for ozone on November 6, 1991 (56 
FR 56694). The New Orleans Consolidated Metropolitan Statistical Area 
contained four parishes which were designated as transitional ozone 
nonattainment areas on November 6, 1991: Jefferson, Orleans, St. 
Bernard and St. Charles. Lafayette Parish was also classified as a 
transitional ozone nonattainment area on November 6, 1991.
    On August 5, 1994, the State of Louisiana submitted a petition to 
the EPA requesting that the ten parishes listed above be exempted from 
the requirement to perform the NOX portion of the build/no-build 
test required by the new transportation conformity rule. This exemption 
request is pursuant to the recently published General Preamble for 
transportation conformity NOX exemptions.
    The exemption request was based on air monitoring data which 
demonstrated that the NAAQS for ozone was attained in each of these 
nonclassifiable ozone nonattainment areas for the three years prior to 
the petition. The Air quality data was verified as quality assured in 
accordance with monitoring requirements specified in 40 CFR part 58, 
and demonstrates that the ozone standard has been maintained in these 
areas.

Proposed Rulemaking Action

    The EPA has evaluated the State's exemption request for consistency 
with the CAA, EPA regulations, and EPA policy. The EPA believes that 
the exemption request and monitoring data qualifies the parishes of 
Beauregard, Grant, Lafayette, Lafourche, Jefferson, Orleans, St. 
Bernard, St. Charles, St. James, and St. Mary as ``clean data areas''. 
In addition, the EPA has determined that the exemption request meets 
the requirements and policy set forth in the General Preamble for 
NOX exemptions from the build/no-build test for transportation 
conformity, and today is proposing approval of Louisiana's request for 
exemption from the NOX build/no-build test of transportation 
conformity for these parishes. The section 182(f) exemption will be 
conditioned upon the area's monitoring data continuing to demonstrate 
attainment after the exemption has been granted. If the EPA later 
determines that any of these parishes has violated the ozone standard, 
the section 182(f) exemption will be rescinded for that parish. Past 
conformity determinations and transportation plans would not be 
affected, but new conformity determinations would then be subject to 
the NOX provisions of the conformity rule.
    The EPA has reviewed this request for exemption from the NOX 
provisions of the Federal transportation conformity rule for 
conformance with the provisions of the 1990 CAAA enacted on November 
15, 1990. The EPA has determined that this action conforms with those 
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 governmental entities with 
jurisdiction over populations of less than 50,000.
    Because an exemption from the Federal transportation conformity 
rule 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.E.P.A., 427 U.S. 246, 256-66 (S. Ct. 1976); 
42 U.S.C. 7410 (a)(2)).

Executive Order

    The Office of Management and Budget has exempted this action from 
review under Executive Order 12866.

List of Subjects in 40 CFR Part 52

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

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

    Dated: October 26, 1994.
William B. Hathaway,
Acting Regional Administrator (6A).
[FR Doc. 94-27541 Filed 11-4-94; 8:45 am]
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