[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Rules and Regulations]
[Pages 51354-51360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24413]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[LA-15-1-6073a; FRL-5307-4]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; State of Louisiana; 
Approval of the Maintenance Plan for the New Orleans Consolidated 
Metropolitan Statistical Area (CMSA); Redesignation of the New Orleans 
CMSA To Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On October 15, 1994, the State of Louisiana submitted a 
revised maintenance plan and request to redesignate the New Orleans 
CMSA ozone nonattainment area to attainment. The New Orleans CMSA is 
comprised of six parishes: Jefferson, Orleans, St. Charles, St. 
Bernard, St. John the Baptist, and St. Tammany. Maintenance and 
contingency plans are not included in the action for the parishes of 
St. John the Baptist and St. Tammany. St. John the Baptist Parish was 
previously redesignated to attainment, and St. Tammany Parish has never 
been designated as nonattainment.
    This maintenance plan and redesignation request was initially 
submitted to the EPA on April 23, 1993. Although the EPA deemed this 
initial submittal complete on September 10, 1993, 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 request because it meets the maintenance plan 
and redesignation requirements set forth in the CAA, and EPA is 
approving the 1990 base year emissions inventory. The approved 
maintenance plan will become a federally enforceable part of 

[[Page 51355]]
the State Implementation Plan (SIP) for Louisiana.

DATES: This final rule is effective on December 1, 1995, unless notice 
is postmarked by November 1, 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 (6PD-L), 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 Planning Section 
(6PD-L), 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, D.C. 20460.
Louisiana Department of Environmental Quality, Office of Air Quality, 
7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810.
Anyone wishing to review this petition at the Region 6 EPA office is 
asked to contact the person below to schedule an appointment 24 hours 
in advance.

FOR FURTHER INFORMATION CONTACT: Mr. Mick Cote, Air Planning Section 
(6PD-L), 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 Standards (NAAQS) to develop SIPs with sufficient control 
measures to expeditiously attain and maintain the standard. The New 
Orleans CMSA was 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 its volatile organic 
compounds (VOC) rules (59 FR 23164). For purposes of redesignations, 
the State of Louisiana has an approved ozone SIP for these parishes 
being considered for redesignation.
    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 Jefferson, Orleans, St. 
Charles, and St. Bernard Parishes 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 collected the 
required three years of ambient air quality data necessary to petition 
for redesignation to attainment, and these data demonstrate that the 
ozone standard had not been violated, the New Orleans CMSA was 
designated as transitional for ozone.
    The Louisiana Department of Environmental Quality (LDEQ) has 
continued to collect ambient monitoring data that show no violations of 
the ozone NAAQS of .12 parts per million. The State developed 
maintenance plans for Jefferson, Orleans, St. Bernard, and St. Charles 
Parishes, and solicited public comment. Subsequently, the State of 
Louisiana submitted a request, through the Governor's office, to 
redesignate these parishes to attainment with respect to the ozone 
NAAQS. The initial redesignation request and maintenance plans for the 
New Orleans CMSA were submitted to the EPA on April 23, 1993. Although 
these maintenance plans and the redesignation request were deemed 
complete, several approvability issues existed. The State of Louisiana 
addressed these approvability issues, and submitted revised maintenance 
plans and a redesignation request accordingly. The revised 
redesignation request for the New Orleans CMSA was received on October 
14, 1994.

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) contained in the 
docket 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 plan and to the redesignation request. The data come from 
the State and Local Air Monitoring Station network. This request is 
based on ambient air ozone monitoring data collected for more than 3 
consecutive years in the area. Jefferson, Orleans, St. Bernard, and St. 
Charles Parishes have collected ozone data since 1982, 1981, 1981, and 
1991, respectively. The data clearly show an expected exceedance rate 
of less than 1 for all these parishes. Please see the TSD for the 
detailed air quality monitoring data.
    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 the New Orleans CMSA in accordance 
with 40 CFR part 58.
    In summary, EPA believes that the data submitted by the LDEQ 
provides an adequate demonstration that the New Orleans CMSA attained 
the ozone NAAQS. Moreover, the monitoring data continue to show 
attainment to date. 

[[Page 51356]]

    If the State's monitoring data demonstrates a valid 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 final approval.
(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 date of submission of a 
complete redesignation request is April 23, 1993. 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 New Orleans CMSA 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 New Orleans 
CMSA is 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 SIP's 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. Congress provided 
for the State revisions to be submitted one year after the date for 
promulgation of final EPA conformity regulations. When that date passed 
without such promulgation, EPA's General Preamble for the 
implementation of title I informed the State that its conformity 
regulations would establish a submittal date (see 57 FR 13498, 13557 
(April 16, 1992)). 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 this redesignation request, these conformity rule 
submissions need not be approved prior to taking action on this 
redesignation request.
(3) Fully Approved SIP
    The EPA finds that the State of Louisiana has a fully approved SIP 
for the New Orleans CMSA for the purposes of redesignating the area to 
attainment for ozone.
(4) Permanent and Enforceable Measures
    Under the CAA, EPA approved Louisiana's SIP control strategy for 
the New Orleans CMSA, 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 this area. Existing 
Federal programs, such as the Federal Motor Vehicle Control Program and 
the Reid Vapor Pressure limit of 7.8 pounds per square inch for 
gasoline, will not be lifted upon redesignation. These programs will 
counteract emissions growth as the area experiences economic growth 
over the life of their maintenance plans.
    The State adopted volatile organic compound (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 addition, the State permits 
program, the Prevention of Significant Deterioration permits program, 
and the Federal Operating 

[[Page 51357]]
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.
(5) Fully Approved Maintenance Plan Under Section 175A
    In today's document, EPA is approving the State's maintenance plan 
for the New Orleans CMSA because EPA finds that the LDEQ's submittal 
meets the requirements of section 175A. Thus, the area will have a 
fully approved maintenance plan 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 Regional 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 emissions inventory from 
one of the three years during which the area has demonstrated 
attainment. This inventory should include VOC's, oxides of nitrogen 
(NOx), and CO emissions from the area in tons per day measurements.

Attainment Inventory

    The LDEQ adopted a comprehensive inventory 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 submittal contains the detailed inventory data 
and summary by source category.
    The LDEQ provided the stationary source estimates for each company 
meeting the emissions criteria by requiring the submission of complete 
emissions 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 nonroad mobile source inventory was 
developed using methodology recommended in EPA's ``Procedures for 
Emission Inventory Preparation. Volume IV: Mobile Sources''. Additional 
data were provided with reference to an EPA-sponsored study entitled 
``Nonroad Engine Emission Inventories for CO and Ozone Nonattainment 
Boundaries.'' Onroad emissions of VOC, NX, and CO were calculated 
on a county-wide basis using EPA's MOBILE5a computer model. Growth 
projections were derived from the United States Department of Commerce, 
Bureau of Economic Analysis statistics. These projections represent 
growth for Louisiana for each emission source category.
    The following table is a summary of the revised average peak ozone 
season weekday VOC and NOX emissions for the major anthropogenic 
source categories for the 1990 attainment year inventory.

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                                                                               Tons per day                     
                                                         -------------------------------------------------------
                                                              1990          1995          2000          2005    
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                                                Jefferson Parish                                                
                                                                                                                
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Point Source CO.........................................          4.64          4.79          4.97          5.04
Point Source VOC........................................          6.28          6.41          6.54          6.62
Point Source NOX........................................         55.12         57.74         60.63         62.07
Area Source CO..........................................          2.78          2.85          2.84          2.85
Area Source VOC.........................................         25.85         26.41         26.33         26.42
Area Source NOX.........................................          1.75          1.79          1.78          1.79
Nonroad Source CO.......................................        118.08        120.60        120.27        120.67
Nonroad Source VOC......................................         13.58         13.87         13.83         13.88
Nonroad Source NOX......................................         13.63         13.92         13.88         13.93
Onroad Source CO........................................        255.87        179.03        147.19        132.46
Onroad Source VOC.......................................         31.47         21.34         18.08         16.14
Onroad Source NOX.......................................         27.90         24.61         21.53         19.35
Total CO................................................        381.37        307.26        275.26        258.45
Total VOC...............................................         77.18         68.02         64.78         63.05
Total NOX...............................................         98.41         98.06         97.82         97.14
                                                                                                                
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                                                 Orleans Parish                                                 
                                                                                                                
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Point Source CO.........................................          2.04          2.10          2.18          2.21
Point Source VOC........................................           .47           .47           .48           .47
Point Source NOX........................................         22.30         23.32         24.38         24.89
Area Source CO..........................................          3.24          3.11          3.27          3.30
Area Source VOC.........................................         23.21         22.25         23.42         23.67
Area Source NOX.........................................          1.38          1.32          1.39          1.40
Nonroad Source CO.......................................        130.89        125.53        132.11        133.48

[[Page 51358]]
                                                                                                                
Nonroad Source VOC......................................         15.05         14.43         15.19         15.35
Nonroad Source NOX......................................         15.05         14.43         15.19         15.35
Onroad Source CO........................................        262.15        192.22        157.38        139.77
Onroad Source VOC.......................................         32.16         22.90         19.50         17.29
Onroad Source NOX.......................................         30.01         27.65         24.08         21.44
Total CO................................................        398.32        322.96        294.94        278.75
Total VOC...............................................         70.89         60.06         58.59         56.78
Total NOX...............................................         68.79         66.72         65.04         63.08
                                                                                                                
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                                               St. Bernard Parish                                               
                                                                                                                
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Point Source CO.........................................         53.80         53.76         54.28         53.21
Point Source VOC........................................         16.35         16.32         16.47         16.16
Point Source NOX........................................         29.44         29.44         29.79         29.46
Area Source CO..........................................           .73           .78           .76           .75
Area Source VOC.........................................          3.43          3.59          3.52          3.49
Area Source NOX.........................................           .27           .29           .28           .28
Nonroad Source CO.......................................         17.55         18.41         18.00         17.88
Nonroad Source VOC......................................          2.02          2.12          2.07          2.06
Nonroad Source NOX......................................          2.02          2.12          2.08          2.06
Onroad Source CO........................................         30.18         21.04         17.37         16.04
Onroad Source VOC.......................................          3.69          2.50          2.08          1.88
Onroad Source NOX.......................................          2.82          2.45          2.16          1.99
Total CO................................................        102.26         93.99         90.41         87.88
Total VOC...............................................         25.49         24.53         24.15         23.59
Total NOX...............................................         34.56         34.30         34.31         33.79
                                                                                                                
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                                               St. Charles Parish                                               
                                                                                                                
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Point Source CO.........................................         10.68         10.79         11.01         10.98
Point Source VOC........................................         30.44         30.19         30.23         29.73
Point Source NOX........................................        118.05        120.85        124.57        125.41
Area Source CO..........................................           .29           .31           .30           .75
Area Source VOC.........................................          2.14          2.29          2.23          2.21
Area Source NOX.........................................           .15           .16           .16           .16
Nonroad Source CO.......................................         11.18         11.95         11.64         11.57
Nonroad Source VOC......................................          1.28          1.38          1.34          1.33
Nonroad Source NOX......................................          1.29          1.38          1.34          1.33
Onroad Source CO........................................         46.85         35.80         29.56         26.60
Onroad Source VOC.......................................          5.42          3.99          3.55          3.35
Onroad Source NOX.......................................          7.75          7.08          6.49          6.22
Total CO................................................         69.00         59            52.51         51.42
Total VOC...............................................         39.28         37.84         37.53         36.63
Total NOX...............................................        127.24        129.47        131.55        133.11
----------------------------------------------------------------------------------------------------------------



    It should be noted that although the NOX projections for St. 
Charles Parish increase by 2,143 tons per year in 2005, the overall 
four parish NOX inventory decreases by 682 tons per year overall. 
The attainment inventories submitted by the LDEQ for Jefferson, 
Orleans, St. Bernard, and St. Charles Parishes meet the redesignation 
requirements as discussed in the Calcagni memo. Therefore, the EPA is 
today approving the emissions inventory component of the maintenance 
plan for these parishes.

Continued Attainment

    Continued attainment of the ozone NAAQS in the New Orleans CMSA 
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. Certain 
monitored ozone levels will provide the basis for triggering measures 
contained in the contingency plans. 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 parishes 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 any one of the four parishes included in the 
maintenance area record a second exceedance of the ozone NAAQS within 
any consecutive three-year period (a level below the NAAQS), the LDEQ 
will promulgate a rule change to implement VOC offsets in that parish. 
This rule will be submitted to EPA within 9 months of the second 
exceedance. Implementation 

[[Page 51359]]
will occur if a third exceedance of the ozone standard is recorded 
during any consecutive 3 year period.
    Should any parish 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 that parish. These rules will be submitted to the EPA within 9 
months of the third exceedance. Implementation will occur if a 
violation of the ozone standard is recorded during any consecutive 3 
year period. 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 New 
Orleans CMSA for consistency with the CAA, EPA regulations, and EPA 
policy. The EPA believes that the redesignation request and monitoring 
data demonstrate that this area has attained the ozone standard. In 
addition, the EPA has determined that the redesignation request meets 
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 New 
Orleans CMSA.
    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 in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective December 1, 1995, unless adverse or critical comments are 
postmarked by November 1, 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 December 1, 1995.
    The EPA has reviewed this redesignation request 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 December 1, 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. 
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.

Table 3 SIP Actions Exempt From OMB Review

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from Executive Order 12866 review.

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: September 22, 1995.
Allyn M. Davis,
Acting Regional Administrator (6RA).

     40 CFR Parts 52 and 81 are amended as follows: 

[[Page 51360]]


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 amended by adding paragraph (c) to read as 
follows:


Sec. 52.975  Redesignations and maintenance plans: Ozone.

* * * * *
    (c) Approval--The Louisiana Department of Environmental Quality 
(LDEQ) submitted a redesignation request and maintenance plan for the 
New Orleans CMSA on April 23, 1993. The EPA deemed this request 
complete on September 10, 1993. Several approvability issues existed, 
however. The LDEQ addressed these approvability issues in a 
supplemental ozone redesignation request and revised maintenance plan. 
This supplemental submittal was received on October 14, 1994. The 
redesignation request and maintenance plans meet the redesignation 
requirements in section 107(d)(3)(E) of the Act as amended in 1990. The 
redesignation meets the Federal requirements of section 182(a)(1) of 
the Clean Air Act as a revision to the Louisiana ozone State 
Implementation Plan for Jefferson, Orleans, St. Bernard, and St. 
Charles Parishes. The EPA therefore approved the request for 
redesignation to attainment with respect to ozone for Jefferson, 
Orleans, St. Bernard, and St. Charles Parishes on December 1, 1995.

PART 81--[AMENDED]

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

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

    2. In Sec. 81.319, the ozone table is amended by revising the 
entries for Jefferson, Orleans, St. Bernard, and St. Charles Parishes 
to read as follows:


Sec. 81.319  Louisiana.

* * * * *

                                                Louisiana--Ozone                                                
----------------------------------------------------------------------------------------------------------------
                                     Designation                                   Classification               
 Designated area -----------------------------------------------------------------------------------------------
                             Date                     Type                 Date\1\                  Type        
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
Jefferson Parish  December 1, 1995.........  Attainment.                                                        
Orleans Parish..  December 1, 1995.........  Attainment.                                                        
St. Bernard       December 1, 1995.........  Attainment.                                                        
 Parish.                                                                                                        
St. Charles       December 1, 1995.........  Attainment.                                                        
 Parish.                                                                                                        
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.                                                     

* * * * *
[FR Doc. 95-24413 Filed 9-29-95; 8:45 am]
BILLING CODE 6560-50-P