[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Rules and Regulations]
[Pages 37833-37840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18194]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[LA-34-1-7300a, FRL-5531-4]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; State of Louisiana; 
Correction of Classification; Approval of the Maintenance Plan; 
Redesignation of Pointe Coupee Parish to Attainment for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This document announces the Administrator's decision to remove 
Pointe Coupee Parish (Pointe Coupee), Louisiana, from the Baton Rouge 
serious ozone nonattainment area, to reclassify Pointe Coupee from 
serious to marginal, and to redesignate Pointe Coupee to attainment for 
ozone. Pointe Coupee

[[Page 37834]]

was classified as a serious ozone nonattainment area by the EPA on 
November 6, 1991 (56 FR 56694). However, the EPA has determined that 
the strategy used in including Pointe Coupee as part of the Baton Rouge 
serious ozone nonattainment area was incorrect. Pursuant to section 
110(k)(6) of the Clean Air Act as amended in 1990 (the Act), which 
allows the EPA to correct its actions, the EPA is today granting the 
State's request to correct the classification of Pointe Coupee.
    In addition to approving this correction of Pointe Coupee's 
classification, the EPA is today approving a request from the State of 
Louisiana to redesignate Pointe Coupee to attainment for ozone. On 
December 20, 1995, the State of Louisiana submitted a maintenance plan 
and request to redesignate the Pointe Coupee Parish ozone nonattainment 
area to attainment. Under the Act, nonattainment areas may be 
redesignated to attainment if sufficient data are available to warrant 
the redesignation and the area meets the other redesignation 
requirements. In this action, the EPA is approving Louisiana's 
redesignation request and maintenance plan because it meets the 
maintenance plan and redesignation requirements set forth in the Act, 
and the EPA is approving the 1993 base year emissions inventory. The 
approved maintenance plan will become a federally enforceable part of 
the State Implementation Plan (SIP) for Louisiana.

DATES: This action is effective on September 20, 1996, unless notice is 
postmarked by August 21, 1996 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), 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:

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, Environmental 
Protection Agency, 401 M Street, S.W., 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 EPA office is asked 
to contact the person below to schedule an appointment 24 hours in 
advance.

FOR FURTHER INFORMATION CONTACT: Lt. 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

    Prior to the 1990 amendments to the Act, the EPA identified and 
designated nonattainment areas with respect to the National Ambient Air 
Quality Standards (NAAQS). For such areas, States submitted SIPs to 
control emissions and achieve attainment of the NAAQS. Pointe Coupee 
was originally designated as nonattainment for ozone on March 3, 1978. 
The SIP for Pointe Coupee was first adopted in the early 1980's.
    Pointe Coupee Parish was a rural ozone nonattainment planning area 
prior to 1990. The parish is contiguous to the Baton Rouge Consolidated 
Metropolitan Statistical Area (CMSA). The ozone design value for Pointe 
Coupee for the years 1988 through 1990 was 0.127 parts per million, 
which would have classified the parish as a marginal ozone 
nonattainment area under the Act.
    Following the 1990 amendments to the Act, the Louisiana Department 
of Environmental Quality (LDEQ), in conjunction with other State 
planning agencies, developed the boundaries for the Baton Rouge ozone 
nonattainment area. Pointe Coupee was contiguous to the Baton Rouge 
CMSA, and had two large nitrogen oxides (NOX) sources, Big Cajun I 
and II power plants. It was concluded that the presence of these two 
large NOX sources would contribute significantly to the ozone 
levels in the Baton Rouge CMSA. Pointe Coupee was subsequently 
classified as serious by operation of law and included as part of the 
Baton Rouge serious ozone nonattainment area pursuant to sections 
107(d) and 181(a) of the Act. Further citations will refer to the Act 
unless otherwise specified. See 56 FR 56694 (November 6, 1991).
    The Clean Air Act, as amended in 1977, required areas that were 
designated nonattainment based on a failure to meet the ozone NAAQS to 
develop SIPs with sufficient control measures to expeditiously attain 
and maintain the standard. Pointe Coupee was designated under section 
107 of the 1977 Clean Air Act as nonattainment with respect to the 
ozone NAAQS on March 3, 1978 (40 CFR 81.319). 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 Pointe Coupee.
    The LDEQ has collected ambient monitoring data since 1991 that show 
no violations of the ozone NAAQS of 0.12 parts per million. The LDEQ 
has developed a maintenance plan for Point Coupee, and solicited public 
comment. Subsequently, the LDEQ submitted a request, through the 
Governor's office, to redesignate this parish to attainment with 
respect to the ozone NAAQS. This maintenance plan and redesignation 
request for Pointe Coupee was submitted to the EPA on December 20, 
1995.

Correction of Error Under Section 110(k)(6)

    Section 110(k)(6) provides whenever the Administrator determines 
that the Administrator's action approving, disapproving, or 
promulgating any plan or plan revision (or part thereof), area 
designation, redesignation, classification, or reclassification was in 
error, the Administrator may in the same manner as the approval, 
disapproval, or promulgation revise such action as appropriate without 
requiring any further submission from the State. Such determination and 
the basis thereof shall be provided to the State and public. The EPA 
interprets this provision to authorize the Agency to make corrections 
to a promulgation when it is shown to the EPA's satisfaction that an 
error occurred in failing to consider or inappropriately considering 
information available to the EPA at the time of the promulgation, or 
the information made available at the time of promulgation is 
subsequently demonstrated to have been clearly inadequate.
    Ground level ozone formation involves a photochemical reaction 
between certain precursor chemicals when specific meteorological 
conditions are present. Reactions between VOCs, NOX, and to a much 
lesser degree, carbon monoxide (CO), form ground level ozone. The EPA's 
initial action in classifying Pointe Coupee was based on the belief 
that NOX emissions from Pointe Coupee would significantly impact 
ozone levels in the Baton Rouge CMSA, and including the parish in the 
Baton Rouge nonattainment area would assist in controlling future ozone 
levels. That information was subsequently demonstrated to have been

[[Page 37835]]

inappropriately considered. The EPA has since determined, through a 
recent Urban Airshed Modeling (UAM) demonstration, that NOX 
reductions are not beneficial to attainment in the Baton Rouge CMSA, 
and therefore contradicts the LDEQ's and the EPA's original reason for 
the inclusion of Pointe Coupee in the Baton Rouge planning area.
    In addition, Pointe Coupee's design value in the 1988-1990 
timeframe was 0.127 ppm, which would have lead the EPA to classify the 
area ``marginal''. Pointe Coupee is not part of the Baton Rouge CMSA, 
and it is a rural parish. For these reasons, the EPA has determined 
that the basis for including Pointe Coupee as part of the Baton Rouge 
serious ozone nonattainment area was incorrect. Therefore, the EPA 
believes it is appropriate to correct the EPA's initial decision by 
removing Pointe Coupee Parish from the Baton Rouge serious ozone 
nonattainment area and subsequently change the classification of Pointe 
Coupee Parish from serious to marginal. Please see the technical 
support document (TSD) in the official docket for the detailed UAM 
analysis.

Redesignation to Attainment

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; (3) the area must have a 
fully approved SIP under section 110(k); (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. 
Section 107(d)(3)(D) allows a Governor to initiate the redesignation 
process for an area to apply for attainment status. Please see the 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 consecutive 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 
three consecutive years in the area. The New Roads monitoring site in 
Pointe Coupee has collected ozone periodically since 1976, and 
continuously since 1988. The data collected since 1991 clearly show an 
expected exceedance rate of less than 1. The redesignation request and 
maintenance plan are based on ambient air quality data collected 
between 1991 and 1995. Please see the TSD for the detailed air quality 
monitoring data.
    In addition to the demonstration discussed above, the 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 Pointe Coupee in accordance with 40 
CFR part 58.
    In summary, the EPA believes that the data submitted by the LDEQ 
provides an adequate demonstration that Pointe Coupee attained the 
ozone NAAQS. Moreover, the monitoring data continue to show attainment 
to date.
(2) Section 110 Requirements and Part D Requirements
    For purposes of redesignation, to meet the requirement that the SIP 
contain all applicable requirements under the Act, the EPA has reviewed 
the SIP to ensure that it contains all measures that were due under the 
Act prior to or at the time the State submitted its redesignation 
request, as set forth in policy. The EPA interprets section 
107(d)(3)(E)(v) 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 December 20, 1995.
    Requirements of the Act 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 the 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 (the Act) 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.
    The 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. For 
purposes of redesignation, the Pointe Coupee SIP was reviewed to ensure 
that all requirements of section 110(a)(2), containing general SIP 
elements, were satisfied. As noted above, the EPA believes all marginal 
ozone nonattainment area requirements have been met for Pointe Coupee.
    Part D Requirements. Before Pointe Coupee can be redesignated to 
attainment, it must have fulfilled the applicable requirements of part 
D. Under part D, an area's classification determines the requirements 
to which it is subject. Subpart 1 of part D sets forth the basic 
nonattainment requirements applicable to all nonattainment areas. 
Subpart 2 of part D establishes additional requirements for 
nonattainment areas classified under Table 1 of section 181(a). As 
described in the General Preamble for the Implementation of Title 1, 
specific requirements of subpart 2 may override subpart 1's general 
provisions (57 FR

[[Page 37836]]

13501 (April 16, 1992)). With this action, Pointe Coupee is now subject 
to the marginal requirements of section 182(a) rather than section 
182(c). Therefore, in order to be redesignated, the State must meet the 
applicable requirements of subpart 1 of part D-specifically sections 
172(c) and 176, as well as the applicable requirements of subpart 2 of 
part D.
    Subpart 1 of Part D--Section 172(c) Requirements. Under section 
172(b), the Administrator established that States containing 
nonattainment areas shall submit a plan or plan revision meeting the 
applicable requirements of section 172(c) no later than three years 
after an area is designated as nonattainment, unless the EPA 
establishes an earlier date.
    Section 172(c) sets forth general requirements applicable to all 
nonattainment areas. Under section 172(b), the section 172(c) 
requirements are applicable as determined by the Administrator, but no 
later than three years after an area has been designated as 
nonattainment under the Act. Furthermore, as noted above, some of these 
section 172(c) requirements are superseded by more specific 
requirements in subpart 2 of part D. Those sections which have been 
superseded can be found in the subpart 2 discussion. In the case of 
Pointe Coupee, the State has satisfied all of the section 172(c) 
requirements.
    As discussed under the section 110(k)(6) requirements above, Pointe 
Coupee has been part of a larger serious ozone nonattainment area. 
Serious ozone nonattainment areas have an attainment date of November 
15, 1999. However, since this action classifies Pointe Coupee as 
marginal, the area now has an attainment date of November 15, 1993. 
Based on the monitoring data collected between 1991 and 1995, the EPA 
agrees with the State that Pointe Coupee attained the ozone standard by 
this earlier date.
    The section 172(c)(1) non-Reasonably Available Control Technology 
(RACT) control requirements have been met through satisfaction of the 
section 182(a)(2)(A) requirements. The EPA has determined that the 
section 172(c)(2) reasonable further progress requirement does not 
apply for this redesignation request, since air quality data shows that 
Pointe Coupee has already attained the ozone standard. The section 
172(c)(3) emissions inventory requirements will be satisfied by the 
approval of the 1993 attainment year inventory requirements of the 
maintenance plan under section 175A. The section 172(c)(4) requirement 
to identify and quantify emission increases is intended to be an 
alternative to the offsets requirement of section 173(a), and is not a 
prerequisite to redesignation. Moreover, once the area is redesignated 
to attainment, these provisions will not apply since the Prevention of 
Significant Deterioration requirements of part C will become effective.
    As for the section 172(c)(5) New Source Review (NSR) requirement, 
the EPA has determined that areas being redesignated need not comply 
with the NSR requirement prior to redesignation provided that the area 
demonstrates maintenance of the standard without part D NSR in effect. 
See, memorandum from Mary Nichols, Assistant Administrator for Air and 
Radiation, dated October 14, 1994, entitled Part D New Source Review 
(part D NSR) Requirements for Areas Requesting Redesignation to 
Attainment. The rationale for this view is described fully in that 
memorandum, and is based on the EPA's authority to establish de minimis 
exceptions to statutory requirements. See, Alabama Power Co. v. Costle, 
636 F. 2d 323, 360-61 (D.C. Cir. 1979).
    Section 172(c)(6) requires that other control measures be included 
as necessary to provide for attainment and maintenance of the ozone 
standard. Since attainment has been reached in Pointe Coupee, no 
additional measures are needed for attainment. Any additional measures 
required to ensure maintenance of the ozone standard are included in 
the contingency plan submitted with the redesignation request. Section 
172(c)(7) requires that the nonattainment plan meet the applicable 
provision of section 110(a)(2). As discussed above under the section 
110(a)(2) requirements, the SIP contains such measures and has met the 
requirements of section 110(a)(2). Section 172(c)(8) allows the State 
to use equivalent techniques for modeling, inventorying, or other 
planning activities unless the EPA determines that the techniques are 
less effective. This allowance will continue to apply to the 
requirements of the maintenance plan. The section 172(c)(9) 
requirements for contingency measures are directed at ensuring 
reasonable further progress and attainment by the attainment date. 
These requirements do not apply to Pointe Coupee, since the area has 
attained the ozone standard. Furthermore, section 175A for maintenance 
plans provides specific requirements for contingency measures that 
effectively supersede the requirements of this section.
    Section 176(c) 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 EPA believes it is reasonable to interpret the 
conformity requirements as not being applicable requirements for 
purposes of evaluating this redesignation request under section 107(d). 
The rationale for this is based on a combination of two factors.
    First, the requirement to submit SIP revisions to comply with the 
conformity provisions of the Act continues to apply to areas after 
redesignation to attainment. Second, the EPA's federal conformity rules 
require the performance of conformity analyses in the absence of state-
adopted rules. For a complete description of the EPA's national policy 
for the applicability of conformity requirements to redesignation 
requests, please see the December 7, 1995 Federal Register at 60 FR 
62748.
    Finally, for purposes of redesignation, the Pointe Coupee SIP was 
reviewed to ensure that all requirements of section 110(a)(2), 
containing general SIP elements, were satisfied. As noted above, the 
EPA believes the SIP satisfies all of those requirements.
    Subpart 2 of Part D--Section 182(a) Requirements. The Act was 
amended on November 15, 1990, Public Law 101- 549, 104 Stat. 2399, 
codified at 42 U.S.C. 7401-7671q. The EPA was required to classify 
ozone nonattainment areas according to the severity of their problem. 
As discussed previously, Pointe Coupee was designated as a serious 
ozone nonattainment. See 40 CFR 81.319. Because of this classification, 
Pointe Coupee originally had to meet the more stringent section 182(c) 
requirements. The EPA has analyzed the SIP and determined that it is 
consistent with the requirements of amended section 182. Below is a 
summary of how the area has met the requirements of section 182(a) for 
marginal areas.
    Emissions Inventory. Section 182(a)(1) required an inventory of 
actual emissions from all sources, as described in section 172(c)(3) by 
November 15, 1992. On November 16, 1992, the LDEQ submitted an emission 
inventory for Pointe Coupee as part of the Baton Rouge 1990 base year 
submission. The EPA approved this 1990 base year inventory on March 15, 
1995.
    Reasonably Available Control Technology. To be redesignated, all 
SIP revisions required by section 182(a)(2)(A) concerning RACT 
requirements must have been submitted to the EPA and fully approved (59 
FR

[[Page 37837]]

23166). Louisiana has met all RACT corrections requirements.
    Vehicle Inspection and Maintenance (I/M). Section 182(a)(2)(B) 
requires that States correct deficiencies in any existing I/M program. 
There is not, however, any requirement under this section to implement 
a new I/M program. Pointe Coupee did not have an I/M program in place 
prior to 1990, so no outstanding I/M issues exist. It should be noted 
that an I/M program has been adopted by the State in this parish, but 
the EPA has not taken action to approve it.
    Emissions Inventory Update and Statements. Section 182(a)(3)(A) 
required a periodic update of the area's emission inventory under 
paragraph (1) within three years of its submittal. The State included a 
1993 inventory with the December 20, 1995 submittal of its maintenance 
plan and redesignation request for Pointe Coupee. Section 182(a)(3)(B) 
required a SIP submission by November 15, 1992, to require stationary 
sources of NOX and VOCs to provide statements of actual emissions. 
Louisiana submitted an annual emissions statement SIP revision on March 
3, 1993. This revision was approved in the Federal Register on January 
6, 1995 at 60 FR 2014.
    General Offset Requirement. Section 182(a)(4) required the State to 
develop VOC emission offset requirements in the ratio of 1.1 to 1. As 
discussed previously under the section 172(c)(5) NSR requirements, the 
EPA has determined that areas being redesignated need not comply with 
the NSR requirement prior to redesignation. Section 172(c)(5)(c) of the 
NSR requirements specifies the requirements for offsets.
(3) Fully Approved SIP Under Section 110(k)
    Based on the approval of provisions under the pre-amended Act and 
the EPA's prior approval of SIP revisions under the 1990 Amendments, 
the EPA has determined that Pointe Coupee has a fully approved SIP 
under section 110(k), which also meets the applicable requirements of 
section 110 and part D as discussed above.
(4) Improvement in Air Quality Due to Permanent and Enforceable 
Measures
    The EPA approved the Louisiana SIP control strategy for Pointe 
Coupee, satisfied that the rules and the emission reductions achieved 
as a result of those rules were enforceable. The control measures to 
which the emission reductions are attributed are VOC RACT regulations, 
the Federal Motor Vehicle Control Program (FMVCP), and lower Reid Vapor 
Pressure (RVP) for gasoline. The FMVCP and RVP reduced VOC emissions 
from motor vehicles by 47 percent from 1990 to 1996. In addition, the 
State permits program, the Prevention of Significant Deterioration 
permits program, and the Federal Operating Permits program will help 
counteract future emissions growth.
    In association with its emission inventory discussed below, the 
State of Louisiana has demonstrated that actual enforceable emission 
reductions are responsible for the air quality improvement and that the 
VOC emissions in the base year are not artificially low due to local 
economic downturn. The EPA finds that the combination of existing the 
EPA-approved state and federal measures contribute to the permanence 
and enforceability of reduction in ambient ozone levels that have 
allowed the area to attain the NAAQS.
(5) Fully Approved Maintenance Plan Under Section 175A
    Section 175A 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 attainment 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. In 
this document, the EPA is approving the State of Louisiana's 
maintenance plan for Pointe Coupee because the EPA finds that 
Louisiana's submittal meets the requirements of section 175A.
A. Emissions Inventory-Attainment Year Inventory
    On December 20, 1995, the State of Louisiana submitted 
comprehensive inventories of VOCs, NOX, and CO emissions from 
Pointe Coupee. The inventories include area, stationary, and mobile 
sources using 1993 as the base year for calculations to demonstrate 
maintenance. The 1993 inventory is considered representative of 
attainment conditions because the NAAQS was not violated during 1993 
and was one of the three years (1991-1993) upon which the attainment 
demonstration was based. The EPA is approving the 1993 base year 
inventory in this document.
    The State submittal contains the detailed inventory data and 
summaries by county and source category. The UAM Emission Processing 
System 2.0 Utility Program Bureau of Economic Analysis Factors was used 
to generate the growth projections for the emissions inventory. These 
factors were applied to the 1993 inventory to reflect the expected 
emission levels through 2006.
    The emission projections show an increase above the base year 
levels for NOX. Because of this increase, the LDEQ was required to 
provide justification that Pointe Coupee could maintain its air quality 
in light of this projected NOX increase. The LDEQ submitted a UAM 
demonstration with the redesignation request. The UAM demonstration was 
used to demonstrate the impact of NOX emission increases on ozone 
formation. The UAM analysis showed that the projected future mix of 
emissions will not cause a violation of the NAAQS. The EPA UAM guidance 
documents were used in developing model inputs.
    The model was run using 1992 and 1993 meteorological conditions and 
monitored ozone concentration data. This UAM demonstration illustrates 
that the projected NOX levels during the maintenance period (1993-
2006) will not adversely affect ozone levels in Pointe Coupee. Please 
see the TSD for details regarding the emission inventory and 
projections, as well as a copy of the UAM modeling results.
    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 1993 attainment year inventory.

Summary of VOC Emission Projections for Pointe Coupee Parish in Tons Per
                                   Day                                  
------------------------------------------------------------------------
                                                   1993    1999    2006 
------------------------------------------------------------------------
Point Source VOC................................    2.50    2.52    2.50
Area Source VOC.................................    0.94    0.98    0.88
Nonroad Source VOC..............................    1.55    1.70    1.51
Onroad Source VOC...............................    1.63    1.21    1.18
                                                 -----------------------
    Total VOC...................................    6.62    6.41    6.07
------------------------------------------------------------------------


Summary of NOX Emission Projections for Pointe Coupee Parish in Tons Per
                                   Day                                  
------------------------------------------------------------------------
                                                   1993    1999    2006 
------------------------------------------------------------------------
Point Source NOX................................   60.91   64.76   67.19
Area Source NOX.................................    0.03    0.03    0.03
Nonroad Source NOX..............................    3.40    4.01    3.33
Onroad Source NOX...............................    2.56    2.19    2.12
                                                 -----------------------

[[Page 37838]]

                                                                        
    Total NOX...................................   66.40   70.99   72.67
------------------------------------------------------------------------


B. Continued Attainment
    Continued attainment of the ozone NAAQS in Pointe Coupee will 
depend, in part, on the Federal and State control measures discussed 
previously. However, the ambient air monitoring site will remain active 
at its present location during the maintenance period. These data will 
be quality assured and submitted to the Aerometric Information and 
Retrieval System on a monthly basis. A monitored violation of the ozone 
NAAQS will provide the basis for triggering measures contained in the 
contingency plans. Additionally, as discussed above, during year eight 
of the maintenance period, the LDEQ is required to submit a revised 
plan to provide for maintenance of the ozone standard in Pointe Coupee 
for the next ten years.
C. Contingency Plan
    Section 175A 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 new Control Techniques Guidelines or 
Alternative Control Technology rule implementation and NOX RACT as 
contingency measures in Pointe Coupee. If at any time during the 
maintenance period Pointe Coupee records a violation of the ozone 
NAAQS, the LDEQ will evaluate the potential source(s) of that violation 
and promulgate either VOC or NOX RACT rules as appropriate for the 
affected source categories. The LDEQ will adopt rules within 9 months 
of the violation, and affected sources must be in compliance with the 
these rules within 2 years of the violation. These contingency measures 
and schedules for implementation satisfy the requirements of section 
175A(d).
D. Subsequent Maintenance Plan Revisions
    In accordance with section 175A(b), the State has agreed to submit 
a revised maintenance SIP eight years after the area is redesignated to 
attainment. Such revised SIP will provide for maintenance for an 
additional ten years.

Final Action

    In today's action, the EPA is correcting the error made by removing 
Pointe Coupee from the Baton Rouge serious ozone nonattainment area, 
establishing Pointe Coupee Parish as a separate planning area in 
accordance with section 110(k)(6). In addition, the EPA is correcting 
the classification of the area from serious to marginal for ozone. In 
accordance with sections 107(d)(2)(B), and 110(k)(6), the correction 
action portion of this document is a final publication of the 
classification of Pointe Coupee Parish to a marginal ozone 
nonattainment area, and is not subject to the notice and comment 
provisions of sections 553 through 557 of title 5 of the Administrative 
Procedures Act.
    The EPA has evaluated the State's redesignation request for Pointe 
Coupee for consistency with the Act, the EPA regulations, and 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 document for area redesignations, 
and today is approving Louisiana's redesignation request for Pointe 
Coupee Parish.
    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 September 20, 1996, unless adverse or critical comments 
concerning the redesignation portion of this document are postmarked by 
August 21, 1996. 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 
concerning the redesignation portion of this document 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 September 20, 
1996.
    The EPA has reviewed this redesignation request for conformance 
with the provisions of the Act 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.
    SIP approvals under section 110 and subchapter I, part D 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 Act, preparation of a 
regulatory flexibility analysis would constitute Federal inquiry into 
the economic reasonableness of State action. The Act forbids the 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.
    Under section 307(b)(1), petitions for judicial review of this 
action must be filed in the United States Court of Appeals for the 
appropriate circuit by September 20, 1996. 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

[[Page 37839]]

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.

Unfunded Mandates

    Under sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995, signed into law on March 22, 1995, the 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. 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, the 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, the 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.

SIP Actions Exempt From OMB Review

    This action has been classified for signature by the 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.

Submission to Congress and the General Accounting Office

    Under section 801(a)(1)(A) of the Administrative Procedure Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the General Accounting 
Office prior to publication of the rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by section 804(2) of the 
APA as amended.

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Air pollution control, National Parks, Wilderness areas.

    Dated: June 27, 1996.
Carol M. Browner,
Administrator.

    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 52.970 is amended by adding paragraph (c)(70) to read as 
follows:


Sec. 52.970   Identification of plan.

* * * * *
    (c) * * *
    (70) The Louisiana Department of Environmental Quality submitted a 
redesignation request and maintenance plan for Pointe Coupee Parish on 
December 20, 1995. The redesignation request and maintenance plan 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 Pointe Coupee Parish. The EPA 
therefore approved the request for redesignation to attainment with 
respect to ozone for Pointe Coupee Parish on September 20, 1996.
    (i) Incorporation by reference.
    (A) Letter dated August 31, 1995, from Mr. Gustave Von Bodungen, 
P.E., Assistant Secretary, Louisiana Department of Environmental 
Quality, transmitting a copy of the Pointe Coupee Parish maintenance 
plan for the EPA's approval.
    (ii) Additional material.
    (A) Letter dated August 28, 1995, from Governor Edwin E. Edwards of 
Louisiana to Ms. Jane Saginaw, Regional Administrator, requesting the 
reclassification and redesignation of Pointe Coupee Parish to 
attainment for ozone.
    (B) The ten year ozone maintenance plan, including emissions 
projections and contingency measures, submitted to the EPA as part of 
the Pointe Coupee Parish redesignation request on December 20, 1995.
    3. Section 52.975 is amended by adding paragraph (d) to read as 
follows:


Sec. 52.975   Redesignations and maintenance plans: Ozone.

* * * * *
    (d) Approval. The Louisiana Department of Environmental Quality 
submitted a redesignation request and maintenance plan for Pointe 
Coupee Parish on December 20, 1995. The redesignation request and 
maintenance plan 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 Pointe 
Coupee Parish. The EPA therefore approved the request for redesignation 
to attainment with respect to ozone for Pointe Coupee Parish on 
September 20, 1996.

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 the Baton Rouge Area and adding an entry for Pointe Coupee 
Area in alphabetical order to read as follows:


Sec. 81.319   Louisiana.

* * * * *

[[Page 37840]]



                                                Louisiana--Ozone                                                
----------------------------------------------------------------------------------------------------------------
                                                Designation                           Classification            
         Designated area         -------------------------------------------------------------------------------
                                       Date \1\              Type                Date                Type       
----------------------------------------------------------------------------------------------------------------
Baton Rouge Area:                                                                                               
    Ascension Parish............  ..................  Nonattainment.....  ..................  Serious.          
    East Baton Rouge Parish.....  ..................  Nonattainment.....  ..................  Serious.          
    Iberville Parish............  ..................  Nonattainment.....  ..................  Serious.          
    Livingston Parish...........  ..................  Nonattainment.....  ..................  Serious.          
    West Baton Rouge Parish.....  ..................  Nonattainment.....  ..................  Serious.          
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Pointe Coupee Area:                                                                                             
    Pointe Coupee Parish........  September 20, 1996  Attainment........  ..................  ..................
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.                                                      

* * * * *
[FR Doc. 96-18194 Filed 7-19-96; 8:45 am]
BILLING CODE 6560-50-P