[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Rules and Regulations]
[Pages 47296-47297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22330]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[LA-001; FRL-5293-3]
Clean Air Act Final Full Approval of Operating Permits Program;
Louisiana Department of Environmental Quality
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final full approval.
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SUMMARY: The EPA is promulgating full approval of the Louisiana
Operating Permits program submitted by the Governor of Louisiana for
the Louisiana Department of Environmental Quality (LDEQ) for the
purpose of complying with Federal requirements which mandate that
States develop, and submit to EPA, programs for issuing operating
permits to all major stationary sources, and to certain other sources.
EFFECTIVE DATE: This program will be effective October 12, 1995.
ADDRESSES: Copies of the State's submittal and other supporting
information used in developing the final full approval are available
for inspection during normal business hours at the following location:
Environmental Protection Agency, Region 6, Air Permits Section (6PD-R),
1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
Louisiana Department of Environmental Quality, Office of Air Quality,
7290 Bluebonnet Boulevard, P.O. Box 82135, Baton Rouge, Louisiana
70884-2135.
FOR FURTHER INFORMATION CONTACT: Joyce P. Stanton, Multimedia Planning
and Permitting Division, Environmental Protection Agency, Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone 214-
665-7547.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
A. Introduction
Title V of the Clean Air Act (``the Act''), and implementing
regulations at 40 Code of Federal Regulations (CFR) part 70 require
that States develop and submit operating permits programs to the EPA by
November 15, 1993, and that the EPA act to approve or disapprove each
program within one year after receiving the submittal. The EPA's
program review occurs pursuant to section 502 of the Act and the part
70 regulations, which together outline criteria for approval or
disapproval. Where a program substantially, but not fully, meets the
requirements of part 70, the EPA may grant the program interim approval
for a period of up to two years. If the EPA has not fully approved a
program by two years after the date of November 15, 1993, or by the end
of an interim program, it must establish and implement a Federal
program.
On August 25, 1994, the EPA proposed interim approval of the
Operating Permits program submitted by the LDEQ on November 15, 1993,
to meet the requirements of part 70 and title V of the Act. (See 59 FR
43797, August 25, 1994) (hereafter Interim Approval Notice). Many
comments were received on the Interim Approval Notice. The LDEQ
provided comments and revised their Operating Permits program to
address the issues discussed in the Interim Approval Notice. These
revisions were sent to the EPA on November 10, 1994. On April 7, 1995,
the EPA rescinded the proposed interim approval, addressed all comments
received on the Interim Approval Notice, and proposed full approval of
the Operating Permits program for the LDEQ based on the revised
Operating Permits program. (See 60 FR 17750, April 7, 1995) (hereafter
Full Approval Notice). The EPA received public comment on the Full
Approval Notice and compiled a technical support document which
describes the Operating Permits program in greater detail.
A single commentor, the National Environmental Development
Association-Clean Air Regulatory Project (NEDA-CARP), provided comments
on the Full Approval Notice. NEDA-CARP was concerned that the EPA was
requiring the LDEQ to revise its regulatory provision on research and
development (R&D) facilities to prevent R&D facilities from being
considered separately from sources with which they are co-located, in
order to receive full approval. NEDA-CARP stated its belief that the
EPA was not correct in its interpretation of 40 CFR part 70 and that it
is likely that the part 70 rules will be revised in the near future to
allow States the flexibility to consider co-located R&D facilities
separately from the source. The EPA appreciates NEDA-CARP's concerns;
however, the Louisiana Operating Permits program must be evaluated
based on the part 70 rules and interpretations in place at the time of
approval. In any case, the premise of NEDA-CARP's comment is incorrect.
Apparently basing its comment on drafts of a proposed revision to part
70, NEDA-CARP claims that the proposal would allow an R&D facility to
be treated separately for applicability purposes regardless of its
Standard Industrial Classification (SIC) code or whether it functions
as a support facility. While it is true that the proposed rule would
create a separate industrial classification for R&D, the preamble to
the proposed rule clarifies that this is a codification of the EPA's
previous understanding of the SIC code test embodied in the current
part 70, which would allow an R&D facility to be treated separately
only if it belongs to a separate two digit SIC code. Moreover, the
proposal expressly retains from the SIC code approach the duty to
aggregate an R&D facility with other on-site sources for which it
functions as a support facility. Therefore, the EPA continues to
believe that these changes to Louisiana's Operating Permits program
were necessary for full approval.
NEDA-CARP's other comments were supportive of the positions taken
by the EPA in the Full Approval Notice such as the definitions of
``title I modification'' and ``case-by-case'' determinations, and the
approval of the insignificant activities and criteria.
In this notice, the EPA is taking final action to promulgate full
approval of the Operating Permits program for the LDEQ.
II. Final Action and Implications
A. Analysis of State Submission
On April 7, 1995, the EPA proposed full approval of the State of
Louisiana's Title V Operating Permits program. (See 60 FR 17750). The
program elements discussed in the proposed notice are unchanged from
the analysis in the Full Approval Notice and continue to fully meet the
requirements of 40 CFR part 70.
In the Interim Approval Notice, the following items were delineated
as deficiencies in the Louisiana Operating permit program: State
confidentiality provisions could be interpreted to protect the contents
of the permit itself from disclosure; Louisiana Administrative Code
(LAC) 33:III.501.B.7 allowed the permitting authority to consider a
certain complex within a facility as a source separate from the
facility with which it is co-located, provided that the complex is used
solely for R & D of new processes
[[Page 47297]]
and/or products, and is not engaged in the manufacture of products for
commercial sale; deadlines for submittal of Acid Rain permits were
inconsistent; LAC 33.III.521.A.6 appeared to allow administrative
amendments to permits to incorporate certain ``off-permit'' changes; it
was unclear whether the State could lawfully require records to be
retained for five years; LAC 33.III.527.A.3 allowed certain changes
that rendered existing compliance terms irrelevant to be incorporated
through minor modification procedures, yet was unclear whether the
criteria in the State rule conformed to 40 CFR 70.4(b)(14); State
provisions did not include a requirement that the permit specify the
origin of and reference the authority for each term or condition, nor
did they identify differences in form from the applicable requirements
upon which the terms were based or contain various other elements
required by 40 CFR 70.6; inadequate definition of ``title I
modification;'' provisions to determine insignificant activities were
not included with the State's original submittal. As discussed in the
notice proposing full approval, Louisiana has addressed all of these
items. For further discussion of these items, please see the proposed
full approval and the Technical Support Document.
B. Options for Approval/Disapproval
The EPA is promulgating full approval of the Operating Permits
program submitted to the EPA for the LDEQ on November 15, 1993, and
revised on November 10, 1994. Among other things, the LDEQ has
demonstrated that the program will be adequate to meet the minimum
elements of a State operating permits program as specified in 40 CFR
part 70.
Requirements for approval, specified in 40 CFR 70.4(b), encompass
section 112(l)(5) requirements for approval of a program for delegation
of section 112 standards as promulgated by the EPA as they apply to
part 70 sources. Section 112(l)(5) requires that the State's program
contain adequate authorities, adequate resources for implementation,
and an expeditious compliance schedule, which are also requirements
under part 70.
Therefore, the EPA is also promulgating full approval under section
112(l)(5) and 40 CFR 63.91 of the State's program for receiving
delegation of section 112 standards that are unchanged from Federal
standards as promulgated. This program for delegations only applies to
sources covered by the part 70 program.
III. Administrative Requirements
A. Docket
Copies of the State's submittal and other information relied upon
for the final full approval, including the public comments received and
reviewed by the EPA on the proposal, are contained in the docket
maintained at the EPA Regional Office. The docket is an organized and
complete file of all the information submitted to, or otherwise
considered by, the EPA in the development of this final full approval.
The docket is available for public inspection at the location listed
under the ADDRESSES section of this document.
B. Executive Order 12866
The Office of Management and Budget has exempted this action from
Executive Order 12866 review.
C. Regulatory Flexibility Act
The EPA's actions under section 502 of the Act do not create any
new requirements, but simply address operating permits programs
submitted to satisfy the requirements of 40 CFR part 70. Because this
action does not impose any new requirements, it does not have a
significant impact on a substantial number of small entities.
D. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under Section 205, the EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 of the Unfunded Mandates Act
requires the EPA to establish a plan for informing and advising any
small governments that may be significantly or uniquely impacted by the
rule.
The EPA has determined that the approval action promulgated today
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This Federal action
approves pre-existing requirements under State or local law, and
imposes no new Federal requirements. Accordingly, no additional costs
to State, local, or tribal governments, or to the private sector,
result from this action.
List of Subjects in 40 CFR Part 70
Administrative practice and procedure, Air pollution control,
Environmental protection, Intergovernmental relations, Operating
permits, Reporting and recordkeeping requirements.
Dated: August 25, 1995.
A. Stanley Meiburg,
Acting Regional Administrator (6RA).
40 CFR Part 70 is amended as follows:
PART 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Appendix A is amended by adding an entry for ``Louisiana'' in
alphabetical order to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Louisiana
(a) The Louisiana Department of Environmental Quality, Air
Quality Division submitted an Operating Permits program on November
15, 1993, which was revised November 10, 1994, and became effective
on October 12, 1995.
(b) [Reserved]
* * * * *
[FR Doc. 95-22330 Filed 9-11-95; 8:45 am]
BILLING CODE 6560-50-P