[Federal Register Volume 60, Number 160 (Friday, August 18, 1995)]
[Rules and Regulations]
[Pages 43020-43026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20193]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[LA-24-1-7026a; FRL-5270-2]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; State of Louisiana; 
Approval of the Maintenance Plans for the Parishes of Beauregard, 
Grant, Lafayette, Lafourche, and St. Mary; Redesignation of these Ozone 
Nonattainment Areas to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On March 27, 1995, December 12, 1994, October 21, 1994, 
November 18, 1994, and November 23, 1994, the State of Louisiana 
submitted revised maintenance plans and requests to redesignate the 
ozone nonattainment areas of Beauregard, Grant, Lafayette, Lafourche, 
and St. Mary Parishes to attainment. These maintenance plans and 
redesignation requests were initially submitted to the EPA during the 
Summer of 1993. Although the EPA deemed these initial submittals 
complete, certain approvability issues existed. The State of Louisiana 
addressed these approvability issues and has revised its submissions. 
Under the Clean Air Act (CAA), nonattainment areas may be redesignated 
to attainment if sufficient data are available to warrant the 
redesignation and the area meets the other CAA redesignation 
requirements. In this action, EPA is approving Louisiana's 
redesignation requests because they meet the maintenance plan and 
redesignation requirements set forth in the CAA and EPA is approving 
the 1990 base year emissions inventory. The approved maintenance plans 
will become a federally enforceable part of the State Implementation 
Plan (SIP) for Louisiana.

DATES: This final rule is effective on October 17, 1995, unless notice 
is received by September 18, 1995 that someone wishes to submit adverse 
or critical comments. If the effective date is delayed, timely notice 
will be published in the Federal Register (FR).

ADDRESSES: Comments should be mailed to Thomas H. Diggs, Chief, Air 
Planning Section (6T-AP), U.S. 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 following locations:

U.S. Environmental Protection Agency, Region 6, Air Programs Branch 
(6T-A), 1445 Ross Avenue, Suite 700, Dallas, Texas 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, Office of Air Quality, 
P.O. Box 82135, Baton Rouge, Louisiana 70884-2135.

    Anyone wishing to review this petition at the U.S. 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 CAA as amended in 1977 required areas that were designated 
nonattainment based on a failure to meet the ozone national ambient air 
quality standard (NAAQS) to develop SIPs with sufficient control 
measures to expeditiously attain and maintain the standard. The areas 
of Beauregard, Grant, Lafayette, Lafourche, and St. Mary Parishes, 
Louisiana were designated under section 107 of the 1977 CAA as 
nonattainment with respect to the ozone NAAQS on September 11, 1978 (40 
CFR 81.319). In accordance with section 110 of the 1977 CAA, the State 
of Louisiana submitted an ozone SIP as required by part D on December 
10, 1979. EPA fully approved this ozone SIP on October 29, 1981 (46 FR 
53412). The most recent revision to the ozone SIP occurred on May 5, 
1994, when the EPA approved a SIP revision for the State of Louisiana 
to correct certain enforceability deficiencies in their volatile 
organic compound (VOC) rules (59 FR 23164). For purposes of 

[[Page 43021]]
redesignations, the State of Louisiana has an approved ozone SIP.
    On November 15, 1990, the CAA Amendments of 1990 were enacted 
(Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q). 
The ozone nonattainment designation for each of these areas continued 
by operation of law according to section 107(d)(1)(C)(i) of the CAA, as 
amended in 1990 (See 56 FR 56694, November 6, 1991). Since the State 
had not yet collected the required three years of ambient air quality 
data necessary to petition for redesignation to attainment in the areas 
of Beauregard, Grant, Lafourche, and St. Mary Parishes, each of these 
areas was designated as unclassifiable-incomplete data for ozone. 
Lafayette Parish had collected the required three years of ambient air 
quality data, but the State likewise had not petitioned the EPA to 
redesignate the area to attainment. Lafayette Parish was consequently 
designated as unclassifiable-transitional for ozone.
    The Louisiana Department of Environmental Quality (LDEQ) more 
recently has collected ambient monitoring data that show no violations 
of the ozone National Ambient Air Quality Standard (NAAQS) of .12 parts 
per million. The State developed maintenance plans for the areas of 
Beauregard, Grant, Lafayette, Lafourche, and St. Mary Parishes, and 
solicited public comment. Subsequently, the State of Louisiana 
submitted requests, through the Governor's office, to redesignate these 
areas to attainment with respect to the ozone NAAQS. The initial 
redesignation requests for Beauregard, Lafourche, and St. Mary Parishes 
were submitted to the EPA on June 14, 1993. The initial redesignation 
requests for Grant and Lafayette Parishes were submitted to the EPA on 
May 25, 1993. Although these maintenance plans and redesignation 
requests were deemed complete, several approvability issues existed. 
The State of Louisiana addressed these approvability issues, and 
submitted revised maintenance plans and redesignation requests 
accordingly. The revised redesignation requests for the areas of 
Beauregard, Grant, Lafayette, Lafourche, and St. Mary Parishes were 
received on March 27, 1995, December 12, 1994, October 21, 1994, 
November 18, 1994, and November 23, 1994, respectively. These revised 
redesignation requests were accompanied by ozone maintenance SIPs. 
Please see the TSD for the detailed air quality monitoring data.

Evaluation Criteria

    The 1990 Amendments revised section 107(d)(3)(E) to provide five 
specific requirements that an area must meet in order to be 
redesignated from nonattainment to attainment: (1) the area must have 
attained the applicable NAAQS; (2) the area must meet all applicable 
requirements under section 110 and part D of the CAA; (3) the area must 
have a fully approved SIP under section 110(k) of the CAA; (4) the air 
quality improvement must be permanent and enforceable; and, (5) the 
area must have a fully approved maintenance plan pursuant to section 
175A of the CAA. Section 107(d)(3)(D) allows a Governor to initiate the 
redesignation process for an area to apply for attainment status. 
Please see EPA's Technical Support Document (TSD) for a detailed 
discussion of these requirements.

(1) Attainment of the NAAQS for Ozone

    Attainment of the ozone NAAQS is determined based on the expected 
number of exceedances in a calendar year. The method for determining 
attainment of the ozone NAAQS is contained in 40 CFR 50.9 and appendix 
H to that section. The simplest method by which expected exceedances 
are calculated is by averaging actual exceedances at each monitoring 
site over a three year period. An area is in attainment of the standard 
if this average results in expected exceedances for each monitoring 
site of 1.0 or less per calendar year. When a valid daily maximum 
hourly average value is not available for each required monitoring day 
during the year, the missing days must be accounted for when estimating 
exceedances for the year. Appendix H provides the formula used to 
estimate the expected number of exceedances for each year.
    The State of Louisiana's request is based on an analysis of 
quality-assured ozone air quality data which is relevant to both the 
maintenance plans and to the redesignation requests. The data come from 
the State and Local Air Monitoring Station network. With the exception 
of Grant Parish, the requests are based on ambient air ozone monitoring 
data collected for 3 consecutive years from January 1, 1990, through 
December 31, 1992. The data clearly show an expected exceedance rate of 
less than 1 for all these areas.
    The Grant Parish monitor did not collect data from April through 
December of 1991 due to poor data capture. Once the data capture 
problem was corrected, the monitor collected data continuously through 
1992. The resulting data spanned three complete years, from January 
1989 through March 1991, and January 1992 through December 1992. EPA 
accepted the data as an adequate demonstration that the ozone standard 
was attained in Grant Parish. The decision to consider the data 
collected as adequate for redesignation purposes was based on several 
factors. First, Grant Parish has 3 full years of ozone data over a four 
year period. Second, Grant Parish is rural. The area's population is 
less than 50,000, and Grant Parish is not adjacent to any urban area. 
Third, Grant Parish has no major non-complying volatile organic 
compound sources. Finally, there has been only one monitored ozone 
concentration near the standard (0.103 ppm in October 1990) during the 
4 year monitoring period.
    The State did not collect ozone data for Grant Parish in 1993 or 
1994. The ozone monitor was reinstalled in January 1995, and will 
continue to operate for the duration of the maintenance period. While 
the EPA generally requires that an area have the most recent three 
years of data for redesignation purposes, we are departing from 
established policy in this instance because of the continued downward 
trend of measured ozone values in this area, and no significant 
increase in the level of emissions in Grant Parish. Additionally, 
preliminary ozone data collected from the Grant Parish monitor from 
1995 supports this downward trend argument. Please see the TSD for a 
detailed discussion of the area's downward trend.
    In addition to the demonstration discussed above, EPA required 
completion of air network monitoring requirements set forth in 40 CFR 
part 58. This included a quality assurance plan revision and a 
monitoring network review to determine the adequacy of the ozone 
monitoring network. The LDEQ fulfilled these requirements to complete 
documentation for the air quality demonstration. The LDEQ has also 
committed to continue monitoring in these areas in accordance with 40 
CFR part 58.
    In sum, EPA believes that the data submitted by the LDEQ provides 
an adequate demonstration that the areas of Beauregard, Grant, 
Lafayette, Lafourche, and St. Mary Parishes attained the ozone NAAQS. 
Moreover, the monitoring data continue to show attainment to date.
    If the monitoring data records a violation of the NAAQS before the 
direct final action is effective, the direct final approval of the 
redesignation will be withdrawn and a proposed disapproval substituted 
for the direct 

[[Page 43022]]
final approval. Please see the TSD for a detailed discussion of the 
monitoring data.

(2) Section 110 Requirements

    For purposes of redesignation, to meet the requirement that the SIP 
contain all applicable requirements under the CAA, EPA has reviewed the 
SIP to ensure that it contains all measures that were due under the CAA 
prior to or at the time the State submitted its redesignation request, 
as set forth in EPA policy. EPA interprets section 107(d)(3)(E)(v) of 
the CAA to mean that, for a redesignation request to be approved, the 
State must have met all requirements that applied to the subject area 
prior to or at the same time as the submission of a complete 
redesignation request. In this case, the dates of submission of a 
complete redesignation request are May 25, 1993, for Grant and 
Lafayette Parishes, and June 14, 1993, for Beauregard, Lafourche, and 
St. Mary Parishes. Requirements of the CAA that come due subsequently 
continue to be applicable to the area at later dates (see section 
175A(c)) and, if redesignation of any of the areas is disapproved, the 
State remains obligated to fulfill those requirements. These 
requirements are discussed in the following EPA documents: ``Procedures 
for Processing Requests to Redesignate Areas to Attainment,'' John 
Calcagni, Director, Air Quality Management Division, September 4, 1992; 
``State Implementation Plan (SIP) Actions Submitted in Response to 
Clean Air Act (CAA) Deadlines,'' John Calcagni, Director, Air Quality 
Management Division, October 28, 1992; and ``State Implementation Plan 
(SIP) Requirements for Areas Submitting Requests for Redesignation to 
Attainment of the Ozone and Carbon Monoxide (CO) National Ambient Air 
Quality Standards (NAAQS) on or after November 15, 1992,'' Michael H. 
Shapiro, Acting Assistant Administrator, September 17, 1993.
    EPA has analyzed the Louisiana SIP and determined that it is 
consistent with the requirements of amended section 110(a)(2). The SIP 
contains enforceable emission limitations, requires monitoring, 
compiling, and analyzing ambient air quality data, requires 
preconstruction review of new major stationary sources and major 
modifications to existing ones, provides for adequate funding, staff, 
and associated resources necessary to implement its requirements, and 
requires stationary source emissions monitoring and reporting.

(3) Part D Requirements

    Before the areas of Beauregard, Grant, Lafayette, Lafourche, and 
St. Mary Parishes can be redesignated to attainment, the Louisiana SIP 
must have fulfilled the applicable requirements of part D of the CAA. 
Under part D, an area's classification indicates the requirements to 
which it will be subject. Subpart 1 of part D sets forth the basic 
nonattainment requirements applicable to all nonattainment areas, 
classified as well as nonclassifiable. Subpart 2 of part D establishes 
additional requirements for nonattainment areas classified under table 
1 of section 181(a)(1). Since the areas of Beauregard, Grant, 
Lafayette, Lafourche, and St. Mary Parishes are considered 
nonclassifiable, the State is only required to meet the applicable 
requirements of subpart 1 of part D--specifically sections 172(c) and 
176. As long as EPA did not determine that any of the pertinent section 
172(c) requirements were applicable prior to the submission of these 
redesignation requests in 1993, none of these requirements are 
applicable for purposes of this redesignation action.
    Section 176(c) of the CAA requires States to revise their SIPs to 
establish criteria and procedures to ensure that Federal actions, 
before they are taken, conform to the air quality planning goals in the 
applicable State SIP. The requirement to determine conformity applies 
to transportation plans, programs and projects developed, funded, or 
approved under title 23 U.S.C. or the Federal Transit Act 
(``transportation conformity''), as well as to all other Federal 
actions (``general conformity'').
    Section 176 further provides that the conformity revisions to be 
submitted by the States must be consistent with Federal conformity 
regulations that the CAA required EPA to promulgate. The EPA 
promulgated final transportation conformity regulations on November 24, 
1993 (58 FR 62118) and general conformity regulations on November 30, 
1993 (58 FR 63214). These conformity rules require that States adopt 
both transportation and general conformity provisions in the SIP for 
areas designated nonattainment or subject to a maintenance plan 
approved under CAA section 175A.
    Pursuant to 40 CFR 51.396 of the transportation conformity rule and 
40 CFR 51.851 of the general conformity rule, the State of Louisiana 
was required to submit a SIP revision containing transportation 
conformity criteria and procedures consistent with those established in 
the Federal rule by November 25, 1994. Similarly, Louisiana was 
required to submit a SIP revision containing general conformity 
criteria and procedures consistent with those established in the 
Federal rule by December 1, 1994. Louisiana submitted both its 
transportation and general conformity rules to EPA on November 10, 
1994. As these requirements did not come due until after the original 
submission date of these redesignation requests, these conformity rule 
submissions need not be approved prior to taking action on these 
redesignation requests.
    The EPA recently published additional guidance on maintenance plans 
and their applicability to conformity issues in a memorandum entitled 
``Limited Maintenance Plan Option for Nonclassifiable Ozone 
Nonattainment Areas,'' (limited maintenance plan memo) from Sally L. 
Shaver, Director, Air Quality Strategies & Standards Division, on 
November 16, 1994. This limited maintenance plan memo discusses 
maintenance requirements for certain areas petitioning for 
redesignation to attainment. Nonclassifiable ozone nonattainment areas 
with design values less than 85% of the exceedance level of the ozone 
standard are no longer required to project emissions over the 
maintenance period.
    The Federal transportation conformity rule (58 FR 62188) and the 
Federal general conformity rule (58 FR 63214) apply to areas operating 
under maintenance plans. Under either rule, one means by which a 
maintenance area can demonstrate conformity for Federal projects is to 
indicate that expected emissions from planned actions are consistent 
with the emissions budget for the area. Based on guidance discussed in 
the limited maintenance plan memo, emissions inventories in areas that 
qualify for the limited maintenance plan approach are not required to 
be projected over the life of the maintenance plan. EPA feels it is 
unreasonable to expect that such an area will experience so much growth 
in that period that a violation of the NAAQS would occur. Emissions 
budgets in limited maintenance plan areas would be treated as 
essentially not constraining emissions growth, and would not need to be 
capped for the maintenance period. In these cases, Federal projects 
subject to conformity determinations could be considered to satisfy the 
``budget test'' of the Federal conformity rules.

(4) Fully Approved SIP

    The EPA finds that the State of Louisiana has a fully approved SIP 
for the areas of Beauregard, Grant, 

[[Page 43023]]
Lafayette, Lafourche, and St. Mary Parishes.

(5) Permanent and Enforceable Measures
    Under the CAA, EPA approved Louisiana's SIP control strategy for 
the areas of Beauregard, Grant, Lafayette, Lafourche, and St. Mary 
Parishes, satisfied that the rules and the emission reductions achieved 
as a result of those rules were enforceable. Several Federal and 
Statewide rules are in place which have significantly improved the 
ambient air quality in these areas. Existing Federal programs, such as 
the Federal Motor Vehicle Control Program and the Reid Vapor Pressure 
(RVP) limit of 7.8 pounds per square inch for gasoline, will not be 
lifted upon redesignation. These programs will counteract emissions 
growth as the areas experience economic growth over the life of their 
maintenance plans.
    The State adopted VOC rules such as oil/water separation; 
degreasing and solvent clean-up processes; surface coating rules for 
large appliances, furniture, coils, paper, fabric, vinyl, cans, 
miscellaneous metal parts and products, and factory surface coating of 
flat wood paneling; solvent-using rules for graphic arts; and 
miscellaneous industrial source rules such as for cutback asphalt. The 
applicable reasonably available control technology (RACT) rules will 
also remain in place in the areas of Beauregard, Grant, Lafayette, 
Lafourche, and St. Mary Parishes. In addition, the State permits 
program, the PSD permits program, and the Federal Operating Permits 
program will help counteract emissions growth.
    The EPA finds that the combination of existing EPA-approved SIP and 
Federal measures ensure the permanence and enforceability of reductions 
in ambient ozone levels that have allowed the area to attain the NAAQS.

(6) Fully Approved Maintenance Plan Under Section 175A

    In today's document, EPA is approving the State's maintenance plans 
for the areas of Beauregard, Grant, Lafayette, Lafourche, and St. Mary 
Parishes because EPA finds that the LDEQ's submittal meets the 
requirements of section 175A. Thus, these areas will have fully 
approved maintenance plans in accordance with section 175A as of the 
effective date of this redesignation. Section 175A of the CAA sets 
forth the elements of a maintenance plan for areas seeking 
redesignation from nonattainment to attainment. The plan must 
demonstrate continued attainment of the applicable NAAQS for at least 
ten years after the Administrator approves a redesignation to 
attainment. Eight years after the redesignation, the State must submit 
a revised maintenance plan which demonstrates that attainment will 
continue to be maintained for the ten years following the initial ten-
year period. To provide for the possibility of future NAAQS violations, 
the maintenance plan must contain contingency measures, with a schedule 
for implementation, adequate to assure prompt correction of any air 
quality problems. Each of the section 175A plan requirements is 
discussed below.

Demonstration of Maintenance

    The requirements for an area to redesignate to attainment are 
discussed in the memorandum entitled ``Procedures for Processing 
Requests to Redesignate Areas to Attainment,'' John Calcagni, Director, 
Air Quality Management Division, September 4, 1992 (Calcagni memo). One 
aspect of a complete maintenance demonstration discussed in the 
Calcagni memo is the requirement to develop an emission inventory from 
one of the three years during which the area has demonstrated 
attainment. This inventory should include VOCs, and oxides of nitrogen 
(NOX) from the area in tons per day measurements. In addition to 
the Calcagni memo, more recent guidance on the redesignation of certain 
nonattainment areas to attainment is provided in the limited 
maintenance plan memo.

Attainment Inventory

    The LDEQ adopted comprehensive inventories of VOC, NOX, and CO 
emissions from area, stationary, and mobile sources using 1990 as the 
base year to demonstrate maintenance of the ozone NAAQS. EPA has 
determined that 1990 is an appropriate year on which to base attainment 
level emissions because EPA policy allows States to select any one of 
the three years in the attainment period as the attainment year 
inventory. The State's submittals contain the detailed inventory data 
and summaries by source category.
    The LDEQ provided the stationary source estimates for each company 
meeting the emissions criteria by requiring the submission of complete 
emission inventory questionnaires which had been designed to obtain 
site-specific data. The LDEQ generated area source emissions for each 
source category based on EPA's ``Procedures for the Preparation of 
Emissions Inventories for Precursors of Carbon Monoxide and Ozone, 
Volume I'', and the
    EPA document entitled ``Compilation of Air Pollutant Emission 
Factors''. The non-road mobile source inventory was developed using 
methodology recommended in EPA's ``Procedures for Emission Inventory 
Preparation. Volume IV: Mobile Sources''. Data were provided regarding 
an EPA-sponsored study entitled ``Nonroad Engine Emission Inventories 
for CO and Ozone Nonattainment Boundaries.'' On-road emissions of VOC, 
NOX, and CO were calculated on a county-wide basis using EPA's 
MOBILE5a computer model.
    In the limited maintenance plan memo, EPA set forth new guidance on 
maintenance plan requirements for certain ozone nonattainment areas. 
The limited maintenance plan memo identified criteria through which 
certain nonclassifiable ozone nonattainment areas could choose to 
submit less rigorous maintenance plans. As mentioned earlier, the 
method for calculating design values is presented in the June 18, 1990 
memorandum, ``Ozone and Carbon Monoxide Design Value Calculations,'' 
from William G. Laxton, former Director of the Office of Air Quality 
Planning and Standards Technical Support Division. Nonclassifiable 
ozone nonattainment areas whose design values are calculated at or 
below 0.106 parts per million (ppm) at the time of redesignation, are 
no longer required to project emissions over the maintenance period. 
The 0.106 ppm represents 85% of the ozone exceedance level of 0.125 
ppm. As explained in the November 16, 1994 limited maintenance plan 
memo, the EPA believes if an area begins the maintenance period at or 
below 85% of the ozone exceedance level of the NAAQS, the existing 
Federal and SIP control measures, along with the PSD program, will be 
adequate to assure maintenance of the ozone NAAQS in the area. The 
areas of Beauregard, Grant, Lafayette, Lafourche, and St. Mary Parishes 
have calculated design values of 0.106, 0.090, 0.102, 0.096, and 0.085 
ppm, respectively. In light of this, and the lack of any recent history 
of violations of the ozone NAAQS, EPA believes that it is reasonable to 
conclude that the combination of the RACT measures in the SIP, the 
Federal Motor Vehicle Control Program, the RVP limit of 7.8 pounds per 
square inch, and the applicability of preconstruction review in 
accordance with the prevention of significant deterioration (PSD) 
requirements of part C of Title I, provides adequate assurance that the 
ozone NAAQS will be maintained. Thus, the EPA believes these areas 

[[Page 43024]]
qualify for the limited maintenance plan approach.
    The following are tables of the revised average peak ozone season 
weekday VOC and NOX emissions for the major anthropogenic source 
categories for the 1990 attainment year inventory.

                            Beauregard Parish                           
------------------------------------------------------------------------
                                                                  1990  
                       Emissions source                         tons per
                                                                   day  
------------------------------------------------------------------------
Point Source CO...............................................     60.20
Point Source VOC..............................................      9.19
Point Source NOX..............................................     12.00
Area Source CO................................................      0.28
Area Source VOC...............................................      1.66
Area Source NOX...............................................      0.11
Nonroad CO....................................................      8.62
Nonroad VOC...................................................      1.93
Nonroad NOX...................................................      3.72
Onroad CO.....................................................     19.6 
Onroad VOC....................................................      2.69
Onroad NOX....................................................      3.23
                                                               ---------
      Total CO................................................     88.70
                                                               ---------
      Total VOC...............................................     15.47
                                                               ---------
      Total NOX...............................................     19.05
------------------------------------------------------------------------


                              Grant Parish                              
------------------------------------------------------------------------
                                                                   1990 
                        Emissions source                           tons 
                                                                 per day
------------------------------------------------------------------------
Point Source CO................................................     0.53
Point Source VOC...............................................     0.28
Point Source NOX...............................................     3.03
Area Source CO.................................................     0.14
Area Source VOC................................................     3.31
Area Source NOX................................................     0.05
Nonroad CO.....................................................     5.49
Nonroad VOC....................................................     1.26
Nonroad NOX....................................................     3.21
Onroad CO......................................................    28.00
Onroad VOC.....................................................     3.59
Onroad NOX.....................................................     3.81
                                                                --------
      Total CO.................................................    34.15
                                                                --------
      Total VOC................................................     8.44
                                                                --------
      Total NOX................................................    10.11
------------------------------------------------------------------------


                            Lafayette Parish                            
------------------------------------------------------------------------
                                                               1990 tons
                       Emissions source                         per day 
------------------------------------------------------------------------
Point Source CO..............................................       0.44
Point Source VOC.............................................       0.25
Point Source NOX.............................................       5.35
Area Source CO...............................................       1.19
Area Source VOC..............................................       7.47
Area Source NOX..............................................       0.52
Nonroad CO...................................................      56.97
Nonroad VOC..................................................       9.61
Nonroad NOX..................................................      37.28
Onroad CO....................................................     123.46
Onroad VOC...................................................      14.98
Onroad NOX...................................................      17.10
                                                              ----------
      Total CO...............................................     182.05
                                                              ----------
      Total VOC..............................................      32.31
                                                              ----------
      Total NOX..............................................      60.25
------------------------------------------------------------------------


                            Lafourche Parish                            
------------------------------------------------------------------------
                                                                  1990  
                       Emissions source                         tons per
                                                                   day  
------------------------------------------------------------------------
Point Source CO...............................................      1.33
Point Source VOC..............................................      5.56
Point Source NOX..............................................      9.56
Area Source CO................................................      0.45
Area Source VOC...............................................      3.89
Area Source NOX...............................................      0.43
Nonroad CO....................................................     16.68
Nonroad VOC...................................................      3.57
Nonroad NOX...................................................      1.44
Onroad CO.....................................................     63.08
Onroad VOC....................................................      8.31
Onroad NOX....................................................     10.17
                                                               ---------
      Total CO................................................     81.54
                                                               ---------
      Total VOC...............................................     21.33
                                                               ---------
      Total NOX...............................................     21.6 
------------------------------------------------------------------------


                             St. Mary Parish                            
------------------------------------------------------------------------
                                                               1990 tons
                       Emissions source                         per day 
------------------------------------------------------------------------
Point Source CO..............................................     684.55
Point Source VOC.............................................      24.79
Point Source NOX.............................................      31.57
Area Source CO...............................................       0.49
Area Source VOC..............................................       2.99
Area Source NOX..............................................       0.22
Nonroad CO...................................................      13.85
Nonroad VOC..................................................       2.62
Nonroad NOX..................................................       3.18
Onroad CO....................................................      32.44
Onroad VOC...................................................       4.31
Onroad NOX...................................................       5.61
                                                              ----------
      Total CO...............................................     731.33
                                                              ----------
      Total VOC..............................................      34.71
                                                              ----------
      Total NOX..............................................      40.58
------------------------------------------------------------------------

    The attainment inventories submitted by the LDEQ for these areas 
meet the redesignation requirements as discussed in the Calcagni memo 
and limited maintenance plan memo. Therefore, the EPA is today 
approving the emissions inventory component of the maintenance plans 
for the areas of Beauregard, Grant, Lafayette, Lafourche, and St. Mary 
Parishes.

Continued Attainment

    Continued attainment of the ozone NAAQS in the areas of Beauregard, 
Grant, Lafayette, Lafourche, and St. Mary Parishes will depend, in 
part, on the Federal and State control measures discussed previously. 
However, the ambient air monitoring sites will remain active at their 
present locations during the maintenance period. These data will be 
quality assured and submitted to the Aerometric Information and 
Retrieval System (AIRS) on a monthly basis. As discussed in the limited 
maintenance plan memo, certain monitored ozone levels will provide the 
basis for triggering measures contained in the contingency plan. 
Additionally, as discussed above, during year 8 of the maintenance 
period, the LDEQ is required to submit a revised plan to provide for 
maintenance of the ozone standard in these areas for the next ten 
years.

Contingency Plan

    Section 175A of the CAA requires that a maintenance plan include 
contingency provisions, as necessary, to promptly correct any violation 
of the NAAQS that occurs after redesignation of the area to attainment. 
The contingency plan should clearly identify the measures to be 
adopted, a schedule and procedure for adoption and implementation, and 
a specific time limit for action by the State. The State should also 
identify specific triggers which will be used to determine when the 
measures need to be implemented.
    The LDEQ has selected VOC offsets and new Control Techniques 
Guidelines (CTG) or Alternative Control Technology (ACT) rule 
implementation as its contingency measures. At any time during the 
maintenance period, if the areas of Beauregard, Grant, Lafayette, 
Lafourche, and St. Mary Parishes record a second exceedance of the 
ozone NAAQS within any consecutive three-year period, the LDEQ will 
promulgate a rule change to implement VOC offsets in the applicable 
parish. This rule will be submitted to EPA within 9 months of the 
second exceedance. Implementation will occur immediately upon 
verification of a third exceedance of the ozone standard in any 
consecutive 3 year period.
    Should Beauregard, Grant, Lafayette, Lafourche, or St. Mary 
Parishes experience a third exceedance of the ozone standard during any 
consecutive 3 year period, the LDEQ will promulgate a rule revision to 
place new CTG and ACT VOC rules (where applicable) in the affected 
parish. These rules will be submitted to the EPA within 9 months 

[[Page 43025]]
of the third exceedance. Implementation will occur immediately upon 
verification that a violation of the ozone standard has occurred. These 
contingency measures and schedules for implementation satisfy the 
requirements of section 175A(d).
Final Action

    The EPA has evaluated the State's redesignation request for the 
areas of Beauregard, Grant, Lafayette, Lafourche, and St. Mary 
Parishes, Louisiana, for consistency with the CAA, EPA regulations, and 
EPA policy. The EPA believes that the redesignation requests and 
monitoring data demonstrate that these areas have attained the ozone 
standard. In addition, the EPA has determined that the redesignation 
requests meet the requirements and policy set forth in the General 
Preamble and policy memorandum discussed in this notice for area 
redesignations, and today is approving Louisiana's redesignation 
request for the areas of Beauregard, Grant, Lafayette, Lafourche, and 
St. Mary Parishes.
    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 published elsewhere 
in this Federal Register, the EPA is proposing to approve the SIP 
revision should adverse or critical comments be filed. This action will 
be effective October 17, 1995, unless adverse or critical comments are 
received by September 18, 1995. 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 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 October 17, 1995.
    The EPA has reviewed these redesignation requests for conformance 
with the provisions of the CAA and has determined that this action 
conforms to 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.
    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 October 17, 1995. Filing a petition for 
reconsideration of this final rule by the 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)).
    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.
    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 small entities. 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 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). The Office of Management and Budget has exempted this 
action from review under Executive Order 12866.
Unfunded Mandates

    Under sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, 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 section 175A 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, 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, 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 governments in the aggregate or to the private 
sector.

List of Subjects in 40 CFR Parts 52 and 81

    Environmental protection, Air pollution control, Area designations, 
Hydrocarbons, Incorporation by reference, Intergovernmental 
regulations, National parks, Reporting and recordkeeping, Ozone, 
Volatile organic compounds, Wilderness areas.

    Dated: July 21, 1995.
A. Stanley Meiburg,
Acting Regional Administrator (6A).

    40 CFR parts 52 and 81 are 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 52.975 is added to read as follows:


Sec. 52.975  Redesignations and maintenance plans; ozone.

    Approval. The Louisiana Department of Environmental Quality (LDEQ) 
submitted redesignation requests and maintenance plans for the areas of 
Beauregard, Lafourche, and St. Mary Parishes on June 14, 1993. 
Redesignation requests and maintenance plans were submitted for the 
areas of Grant and Lafayette on May 25, 1993. The EPA deemed these 

[[Page 43026]]
requests complete on September 10, 1993. Several approvability issues 
existed, however. The LDEQ addressed these approvability issues in 
supplemental ozone redesignation requests and revised maintenance 
plans. These supplemental submittals were received for the areas of 
Beauregard, Grant, Lafayette, Lafourche, and St. Mary Parishes on March 
27, 1995, December 12, 1994, October 21, 1994, November 18, 1994, and 
November 23, 1994, respectively. The redesignation requests and 
maintenance plans meet the redesignation requirements in section 
107(d)(3)(E) of the Act as amended in 1990. The redesignations meet the 
Federal requirements of section 182(a)(1) of the Clean Air Act as a 
revision to the Louisiana ozone State Implementation Plan for these 
areas. The EPA therefore approved the request for redesignation to 
attainment with respect to ozone for the areas of Beauregard, Grant, 
Lafayette, Lafourche, and St. Mary Parishes on October 17, 1995.

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401-7871q.

    2. In Sec. 81.319, the attainment status designation table for 
ozone is amended by revising the entries for Beauregard, Grant, 
Lafayette, Lafourche, and St. Mary Parishes under ``Designated Area'' 
to read as follows:


Sec. 81.319  Louisiana.

* * * * *

                                                Louisiana--Ozone                                                
----------------------------------------------------------------------------------------------------------------
                                                Designation                              Classification         
      Designated area       ------------------------------------------------------------------------------------
                                      Date \1\                   Type            Date \1\           Type        
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Beauregard Parish..........  Oct. 17, 1995.............  Attainment..........                                   
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Grant Parish...............  Oct. 17, 1995.............  Attainment..........                                   
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Lafayette Parish...........  Oct. 17, 1995.............  Attainment..........                                   
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Lafourche Parish...........  Oct. 17, 1995.............  Attainment..........                                   
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
St. Mary Parish............  Oct. 17, 1995.............  Attainment..........                                   
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.                                                     

[FR Doc. 95-20193 Filed 8-17-95; 8:45 am]
BILLING CODE 6560-50-P