[Federal Register Volume 60, Number 4 (Friday, January 6, 1995)]
[Rules and Regulations]
[Pages 2014-2016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-290]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-13-1-6389; FRL-5125-8]


Approval and Promulgation of Implementation Plan: Louisiana 
Emission Statement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action approves a revision to the Louisiana State 
Implementation Plan (SIP) to include revisions to the Louisiana 
Department of Environmental Quality (LDEQ) Regulation Title 33, Part 
III, Chapter 9, General Regulations on Control of Emissions and 
Emission Standards, Section 919, Emission Inventory. These revisions 
are for the purpose of implementing an emission statement program for 
stationary sources within the ozone nonattainment areas. The 
implementation plan was submitted by the State to satisfy the Federal 
requirements for an emission statement program as part of the SIP for 
Louisiana.

EFFECTIVE DATE: This final rule is effective on February 6, 1995.

ADDRESSES: Copies of the documents relevant to this action are 
available for public 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.

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

FOR FURTHER INFORMATION CONTACT: Mr. Herbert R. Sherrow, Jr., Planning 
Section (6T-AP), Air Programs Branch, USEPA Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202-2733, Telephone (214) 655-7237.

SUPPLEMENTARY INFORMATION:

Background

    The air quality planning and SIP requirements for ozone 
nonattainment and transport areas are set out in subparts I and II of 
part D of title I of the Clean Air Act (CAA or ``the Act''), 
[[Page 2015]] as amended by the Clean Air Act Amendments (CAAA) of 
1990. The EPA has published a ``General Preamble'' describing the EPA's 
preliminary views on how the EPA intends to review SIPs and SIP 
revisions submitted under title I of the CAA, including those State 
submittals for ozone transport areas within the States (see 57 FR 13498 
(April 16, 1992) (``SIP: General Preamble for the Implementation of 
Title I of the Clean Air Act Amendments of 1990''), 57 FR 18070 (April 
28, 1992) (``Appendices to the General Preamble''), and 57 FR 55620 
(November 25, 1992) (``SIP: NOX Supplement to the General 
Preamble'')).
    The EPA has also issued a draft guidance document describing the 
requirements for the emission statement programs discussed in this 
document, entitled ``Guidance on the Implementation of an Emission 
Statement Program'' (July 1992).
    Section 182 of the Act sets out a graduated control program for 
ozone nonattainment areas. Section 182(a) sets out requirements 
applicable in marginal nonattainment areas, which are also made 
applicable in subsections (b), (c), (d), and (e) to all other ozone 
nonattainment areas. Among the requirements in section 182(a) is a 
program in paragraph (3) of that subsection for stationary sources to 
prepare and submit to the State each year emission statements showing 
actual emissions of volatile organic compounds (VOC) and nitrogen 
oxides (NOX). This paragraph provides that the States are to 
submit a revision to their SIPs by November 15, 1992, establishing this 
emission statement program.
    The State passed an emergency regulation after following all 
applicable State Administrative Procedures Act requirements for 
submittal to the EPA by November 15, 1992, to satisfy CAA requirements. 
The State subsequently entered into State rulemaking for a permanent 
regulation. It was submitted to public hearing on December 20, 1992. 
The State addressed public comments and made minor adjustments. 
Following the public hearing, the final rule was adopted by the State 
and submitted to the EPA as a proposed revision to the SIP on March 
3,1993. The permanent emission statement regulations were then codified 
at LAC 33:III.919.

Technical Correction

    In reviewing the State's submitted permanent regulation, technical 
errors were discovered in subsections B.2.a. and B.2.d. Subsection 
B.2.a. contains a reference to subsection B.2.d., when it should refer 
to subsection B.2.c. Subsection B.2.d. omitted a reference to 
subsection B.2.c. The State prepared a technical correction to the rule 
and submitted the revised rule to public hearing. Following the public 
hearing, the rule was adopted by the State on October 20, 1994. On 
November 15, 1994, the State submitted documentation to the EPA 
substantiating that the technical correction had been adopted.

Response to Comments

    The EPA proposed approval of the Louisiana emission statement 
regulations on April 7, 1994 (59 FR 16582-16585), and no comments were 
received regarding the proposed approval.

Final Action

    In today's action, the EPA is approving the Louisiana emission 
statement program SIP submittal.
    The analysis of the Louisiana regulation shows that it adequately 
addresses all components of an emission statement program.
    In addition, the State has agreed to provide the EPA with emission 
statement data for the EPA Aerometric Information Retrieval System 
through the State's grants commitments and to provide status reports.
    The EPA has reviewed this request for revision of the Federally-
approved SIP for conformance with the provisions of the CAAA of 
November 15, 1990. The EPA has determined that this action conforms 
with those requirements.
    This final action on the Louisiana emission statement SIP is 
unchanged from the April 7, 1994, proposed approval action with the 
exception of the State's confirmation of adoption of the corrected 
rule. The discussion herein provides only a broad overview of the 
proposed action that the EPA is now finalizing. The public is referred 
to the April 7, 1994, proposed approval Federal Register action for a 
full discussion of the action that the EPA is now finalizing.
    This action makes final the action proposed at 59 FR 16582 (April 
7, 1994). As noted elsewhere in this action, the EPA received no public 
comments on the proposed action. As a direct result, the Regional 
Administrator has reclassified this action from Table Two to Table 
Three under the processing procedures established at 54 FR 2214, 
January 19, 1989, and revised via memorandum from the Assistant 
Administrator for Air and Radiation to the Regional Administrators 
dated October 4, 1993.
    Nothing in this action should be construed as permitting, 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, economical, 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, 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.
    The 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. E.P.A., 427 U.S. 246, 256-66 
(S. Ct. 1976; 42 U.S.C. 7410(a)(2)).
    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 March 7, 1995. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review, nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements (see section 307(b)(2)).

Executive Order 12866

    This action has been classified as a Table Three action by the 
Regional Administrator under the procedures published in the Federal 
Register on January 19, 1989 (54 FR 2214-2225), as revised by an 
October 4, 1993, memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation. The Office of 
[[Page 2016]] Management and Budget (OMB) has exempted this action from 
review under Executive Order 12866.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Emission 
statements, Hydrocarbons, Incorporation by reference, Intergovernmental 
relations, Nitrogen oxide, Oxides of nitrogen, SIP requirements, 
Volatile organic compounds.

    Note: Incorporation by reference of the SIP for the State of 
Louisiana was approved by the Director of the Federal Register on 
July 1, 1982.

    Dated: December 6, 1994.
William B. Hathaway,
Acting Regional Administrator.
    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. 7401-7671q.

Subpart T--Louisiana

    2. Section 52.970 is amended by adding paragraph (c)(65) to read as 
follows:


Sec. 52.970  Identification of plan.

* * * * *
    (c) * * *
    (65) Revisions to the Louisiana Department of Environmental Quality 
Regulation Title 33, Part III, Chapter 9, Section 919, (February 2, 
1993), and a technical correction (October 20, 1994). These revisions 
are for the purpose of implementing an emission statement program for 
stationary sources within the ozone nonattainment areas.
    (i) Incorporation by reference.
    (A) Revisions to LAC, title 33, Part III, Chapter 9, General 
Regulations on Control of Emissions and Emissions Standards, Section 
919, Emission Inventory, adopted in the Louisiana Register, Vol. 19, 
No. 2, 184-186, February 20, 1993. All subsections except B.2.a. and 
B.2.d.
    (B) Revisions to LAC, title 33, Part III, Chapter 9, General 
Regulations on Control of Emissions and Emissions standards, Section 
919, Emission Inventory, adopted in the Louisiana Register, Vol 20, No. 
10, 1102, October 20, 1994. Subsections B.2.a. and B.2.d.

[FR Doc. 95-290 Filed 1-5-95; 8:45 am]
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