[Federal Register Volume 61, Number 205 (Tuesday, October 22, 1996)]
[Rules and Regulations]
[Pages 54737-54743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27002]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[LA-23-1-6871a; FRL-5636-6]


Approval and Promulgation of State Implementation Plan; 
Louisiana; 15 Percent Rate-of-Progress Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this action, EPA is approving a revision to the Louisiana 
State Implementation Plan (SIP) for the purpose of satisfying the 15 
percent rate-of-progress requirements of the Clean Air Act (Act) which 
will aid in ensuring the attainment of the national ambient air quality 
standard (NAAQS) for ozone.

DATES: This ``direct final'' rule is effective December 23, 1996 unless 
adverse comments are received by November 21, 1996. If the effective 
date is delayed, timely notice will be published in the Federal 
Register (FR).

ADDRESSES: Written comments should be addressed to Mr. Thomas H. Diggs, 
Chief, Air Planning Section (6PD-L), at the EPA Regional Office listed 
below. Copies of the documents relevant to this final action are 
available for public inspection during normal business hours at the 
following locations. Interested persons wanting to examine these 
documents should make an appointment with the appropriate office at 
least 24 hours before the visiting day.
    Environmental Protection Agency, Region 6, Multimedia Planning and 
Permitting Division, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733, telephone (214) 665-7214.
    Louisiana Department of Environmental Quality, Office of Air 
Quality and Radiation Protection, H. B. Garlock Building, 7290 
Bluebonnet Blvd., Baton Rouge, Louisiana 70810.
    Documents which are incorporated by reference are available for 
public inspection at the Air and Radiation Docket and Information 
Center, Environmental Protection Agency, 401 M Street, SW., Washington, 
DC 20460.

FOR FURTHER INFORMATION CONTACT: Ms. Jeanne McDaniels, Air Planning 
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7254.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 15, 1990, Congress enacted amendments to the 1977 Clean 
Air Act; Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 
7401-7617q. Section 182(b)(1) of the Act requires all ozone 
nonattainment areas classified as moderate and above to submit a SIP 
revision by November 15, 1993, which describes, in part, how these 
areas will achieve an actual reduction in emissions of volatile organic 
compounds (VOC) of at least 15 percent during the first six years after 
enactment of the Act (November 15, 1996). Emissions and emissions 
reductions shall be calculated on a typical weekday basis for the 
``peak'' 3-month ozone period (generally June through August). In 
Louisiana, the Baton Rouge ozone nonattainment area is classified as 
``serious'' and is subject to the section 182(b)(1) 15 percent rate-of-
progress requirements. The Baton Rouge ozone nonattainment area is 
comprised of the following parishes: East Baton Rouge, West Baton 
Rouge, Iberville, Ascension, Livingston, and Pointe Coupee.
    The 15 percent VOC emissions reduction required by November 15, 
1996, is defined within this document as ``rate-of-progress'' (ROP). 
The SIP revision that illustrates the plan for the achievement of the 
emissions reductions is defined in this document as the ``15 Percent 
ROP Plan.''

II. Analysis of the Submittal

    On December 15, 1995, the Governor of Louisiana submitted to EPA a 
revision to the SIP to meet the 15 percent ROP requirements. This 
submittal superseded previous 15 Percent ROP Plans that had been 
submitted to EPA on November 4, 1993; November 10, 1994; and May 19, 
1995. (A detailed chronology and description of these earlier 
submittals is provided in the Technical Support Document (TSD) to this 
action, which is available from EPA's Region 6 Office listed above.) 
The EPA deemed the December 15, 1995,

[[Page 54738]]

submittal administratively complete on January 25, 1996.
    The EPA has reviewed the State's submittal for consistency with the 
requirements of EPA regulations. A summary of EPA's analysis is 
provided below. More detailed support for approval of the State's 15 
Percent ROP Plan is contained in the TSD.

A. Accurate and Current 1990 Base Year Emissions Inventory

    Sections 172(c)(3) and 182(b)(1) of the Act require that 
nonattainment plan provisions include a comprehensive, accurate, 
current inventory of actual emissions from all sources of relevant 
pollutants in the nonattainment area. Because the approval of such 
inventories is necessary for an area's Rate-of-Progress Plans and the 
Attainment Demonstration, the emissions inventory must be approved 
prior to or with the 15 Percent ROP Plan submission.
    The EPA approved Louisiana's 1990 base year inventory on March 15, 
1995 (60 FR 13911). In the 15 Percent ROP Plan submittal, the State has 
made minor revisions to the approved 1990 base year VOC inventory for 
Baton Rouge. The point source inventory changes are the result of 
receiving updated 1990 actual emissions information from several 
facilities, conducting additional rule effectiveness studies, and 
deleting non-VOC emissions that were erroneously included in the 
approved base year inventory. The on-road and non-road mobile sources, 
area source, and biogenic source inventories are unchanged from the 
approved inventory. The revised 1990 base year VOC emissions inventory 
is as follows:

            Baton Rouge, Louisiana, 1990 Base Year Inventory            
                [Ozone Seasonal VOC Emissions (Tons/Day)]               
------------------------------------------------------------------------
   Point                    On-road      Non-road                       
   source    Area source     mobile       mobile     Biogenic     Total 
 emissions    emissions    emissions    emissions    emissions          
------------------------------------------------------------------------
115.40.....      26.30        55.50        23.20       120.91     341.31
------------------------------------------------------------------------

    In this document, EPA is approving the above revisions to the 1990 
base year VOC emissions inventory for the Baton Rouge ozone 
nonattainment area. (It should be noted that, in the 15 Percent ROP 
Plan, these revised 1990 base year VOC inventory numbers have been 
rounded to the nearest 10th of a decimal place and the non-road mobile 
source and area source emissions have been combined.)

B. Calculation of the Adjusted Base Year Inventory

    The Act specifies the emissions baseline from which the 15 percent 
reduction is calculated. This baseline value is termed the 1990 
adjusted base year inventory. Section 182(b)(1)(D) excludes from the 
baseline the emissions that would be eliminated by Federal Motor 
Vehicle Control Program (FMVCP) regulations promulgated by January 1, 
1990, and Reid vapor pressure (RVP) regulations (55 FR 23666, June 11, 
1990), which require maximum RVP limits in nonattainment areas during 
the peak ozone season.
    The adjusted base year inventory is determined by starting with the 
emissions inventory, and then removing all biogenic emissions as well 
as emissions from outside of the designated nonattainment boundary. The 
resulting inventory is termed the rate-of-progress base year inventory. 
The rate-of-progress base year inventory is then adjusted by removing 
the expected FMVCP and RVP reductions in order to derive the adjusted 
base year inventory.
    To estimate the expected reductions from FMVCP standards and the 
RVP restrictions, the State used EPA's MOBILE5a emission factor model. 
The RVP was reduced from 8.3 pounds per square inch (PSI) to 7.8 PSI to 
estimate the reductions from RVP restrictions. To determine the effect 
of FMVCP standards, the State calculated emissions first using 1990 
vehicle miles traveled (VMT) and 1990 MOBILE5a emission factors, and 
then estimated the emissions using the 1990 VMT and the 1996 MOBILE5a 
emission factors. The plan includes adequate documentation on how the 
MOBILE5a model was run to calculate the expected emission reductions 
from FMVCP and RVP. As specified by section 182(b)(1)(B) of the Act, 
preenactment banked emission credits were not included in Louisiana's 
emissions inventory.
    Provided below is a tabular summary of the emission inventories 
calculated above.

------------------------------------------------------------------------
                                                                   Tons 
                      Emissions inventory                        per day
------------------------------------------------------------------------
A. 1990 Base Year Emissions Inventory..........................    341.3
B. 1990 Rate-of-Progress Inventory.............................    220.4
C. Emission Reductions from the Pre-1990 FMVCP and Phase II RVP         
 Expected by 1996..............................................     22.2
D. 1990 Adjusted Base Year Inventory (B-C).....................    198.2
------------------------------------------------------------------------

C. Required Reductions

    The 1990 adjusted base year inventory is multiplied by 0.15 to 
calculate the required 15 percent ROP emission reductions. Louisiana's 
plan must provide for at least a 29.7 ton per day (TPD) reduction, net 
of growth, in VOC emissions. Under section 182(b)(1)(D) of the Act, the 
following reductions are not creditable towards the ROP reductions: (1) 
FMVCP regulations promulgated by January 1, 1990; (2) RVP regulations; 
(3) reasonably available control technology (RACT) corrections; and (4) 
inspection and maintenance (I/M) corrections. (The TSD provides a 
detailed explanation of the noncreditable reductions.)
    Louisiana has calculated the noncreditable reductions to be 23.5 
TPD. Thus, the 1996 total expected reductions in the plan are the sum 
of the 15 percent ROP reduction requirement (29.7 TPD) and the expected 
reductions from the four noncreditable programs (23.5 TPD), or 53.2 
TPD.
    Louisiana has followed EPA guidance in calculating the 1996 total 
expected reductions for the nonattainment area, documenting at each 
step the assumptions made and the origin of the numbers used in the 
calculations.
    The target level of emissions for 1996, therefore, is the 1990 
rate-of-progress base year inventory less the 1996 total expected 
reductions, or 167.2 TPD.

D. Projected Emissions Inventory

    A projection of 1996 anthropogenic emissions is required for the 15 
percent rate-of-progress calculation. The calculation is made by 
multiplying the 1990 rate-of-progress base year inventory by factors 
which estimate growth from 1990 to 1996. (A specific growth factor for 
each source type in the inventory is required since sources typically 
grow at different rates.) The difference between the 1990 rate-of-
progress base year inventory figure and the 1996 emissions projection 
is the emissions growth estimate.
    The projected growth in point source emissions is a negative 1.8 
TPD. Area source emissions growth is projected to

[[Page 54739]]

be .73 TPD. The on-road mobile sources emissions growth estimate is 3.8 
TPD. Non-road mobile emissions growth is estimated at 1.07 TPD. Total 
growth for the four source categories is 3.8 TPD.
    In the 15 Percent ROP Plan submittal, Louisiana documented the 
growth factors that were used to project the 1996 emissions. The growth 
factors used are consistent with EPA's guidance for projecting 
emissions.

E. Total Required Reductions

    The total required reductions for the area are the difference 
between the 1996 projected emissions (224.0 TPD) and the target level 
of emissions for 1996 (167.2 TPD), or 57.0. The State's 15 Percent ROP 
Plan must provide for a minimum of 34.8 TPD in reductions. The 34.8 TPD 
consists of the 15 percent ROP reduction requirement (29.7 TPD), the I/
M correction (1.3 TPD), and growth offset (3.8 TPD). (The State 
determined that no significant reductions resulted from the RACT fix-
up.) The FMVCP and RVP reductions (22.2 TPD) account for the remainder 
of the total required reductions.

F. Control Measures

    1. Stage II Vapor Recovery: This measure requires the installation 
and operation of vapor recovery equipment on gasoline pumps to reduce 
the emissions during refueling. The State's stage II vapor recovery 
regulation is found in Title 33, Part III, Chapter 21, section 2132 of 
the Louisiana Administrative Code (LAC:33:III.2132). The EPA approved 
this regulation in the Federal Register on March 25, 1994 (59 FR 
14112). The EPA agrees with the projected reductions from this control 
measure in the Baton Rouge nonattainment area and is approving the 
reductions towards the 15 percent ROP requirement as being permanent 
and enforceable.
    2. Vents to Flare: Louisiana's waste gas disposal regulation (LAC 
33:III.2115) requires that emissions from vents be controlled. The 15 
Percent ROP Plan claims credit for reductions that have occurred at 
four companies (Dow Chemical, Exxon Plastics, Exxon Chemical, and Sid 
Richardson) through compliance with the State rule. Regulation 2115 has 
already been approved into the SIP, most recently on July 25, 1996 (61 
FR 38590), and is, therefore, Federally enforceable. The EPA is 
crediting the reductions from the rule towards the 15 percent ROP 
requirement as being permanent and enforceable.
    3. Marine Vapor Recovery: Louisiana's marine vapor recovery 
regulation, LAC 33:III.2108, was adopted to control emissions from the 
loading of VOC in barges and tankers. The regulation controls emissions 
from loading facilities with greater than 100 TPD of emissions and is 
based on the existing rules for land-based VOC loading. The rule 
contains the appropriate test methods, monitoring and recordkeeping 
requirements to make the rule enforceable. The EPA is crediting the 
reductions from the rule towards the 15 percent ROP requirement as 
being permanent and enforceable, and approving the regulation into the 
SIP.
    4. Tank Fitting Controls: Louisiana added requirements to its VOC 
storage regulation (LAC 33:III.2103) to control emissions from 
guidepole wells and stilling well systems in external floating roof 
storage tanks. The State is taking credit in the 15 Percent ROP Plan 
for reductions resulting from compliance with the revised regulation. 
The State has identified five facilities (Exxon Refinery, Exxon 
Chemical, Placid Refinery, Dow Chemical, and Cosmar) with a total of 
125 affected tanks that will have controls implemented before November 
1996.
    The EPA is approving the revisions to regulation 2103 into the SIP 
to make them Federally enforceable. The EPA is also approving the 
reductions from the rule towards the 15 percent ROP requirement as 
being permanent and enforceable.
    5. Fugitive Emissions Controls: This control measure tightens leak 
detection and repair requirements for petroleum refineries, natural gas 
processing plants, the synthetic organic chemical manufacturing 
industry, the methyl tertiary butyl ether manufacturing industry, and 
the polymer manufacturing industry.
    The State's regulation, Fugitive Emission Control for Ozone 
Nonattainment Areas, LAC 33:III.2122, lowers leak screening levels for 
valves, pumps and compressors. In addition, the rule adds monitoring 
requirements for agitators and requires weekly inspections of 
connectors for leaks.
    The EPA agrees with the projected reductions from this control 
measure in the Baton Rouge nonattainment area and is approving the 
reductions towards the 15 percent ROP requirement as being permanent 
and enforceable. In addition, EPA is approving regulation 2122 into the 
SIP.
    6. Federal Regulations: 40 CFR Part 61 (National Emission Standards 
for Hazardous Air Pollutants (NESHAP)), subpart FF requires the control 
of benzene emissions from wastewater streams. In the process of 
controlling the benzene emissions, other VOC emissions are also 
controlled. In the 15 Percent ROP Plan, Louisiana has identified three 
facilities (Exxon Refinery, Exxon Chemical, and Union Texas) that have 
installed controls in response to these regulations resulting in VOC 
emissions reductions.
    In addition, Louisiana is taking credit in the 15 Percent ROP Plan 
for volatile organic liquid (VOL) storage tank upgrades. Exxon Refinery 
removed several existing tanks from service and replaced them with new 
tanks. The new tanks were required to meet New Source Performance 
Standards (NSPS), subpart Kb requirements for VOL storage vessels. 
These upgrades to the emissions controls resulted in permanent 
emissions reductions. Similarly, Dupont modified some of its tankage, 
thus triggering the NSPS control requirements.
    The EPA is approving these reductions resulting from compliance 
with the Federal benzene waste operations NESHAP and the VOL storage 
vessels NSPS towards the 15 percent ROP requirements as being permanent 
and enforceable.
    7. Compliance Orders: Louisiana has adopted regulations governing 
major sources of toxic air pollutants. Many of the pollutants required 
to be reduced by the State's air toxics regulations are VOC. Per the 
regulations, sources are expected to have emissions controls in place 
by the end of 1996. The State has not submitted its toxics regulations 
to EPA for approval into the State Implementation Plan.
    In order for the emissions reductions resulting from compliance 
with the State's toxics rules to be approvable, EPA required the State 
to submit, as part of the 15 Percent ROP Plan, an enforceable mechanism 
to ensure that the VOC reductions would be achieved by November 15, 
1996.
    Accordingly, the State issued administrative orders to five 
facilities (CosMar Chemical, Vulcan Chemical, Shell Chemical, Uniroyal 
Chemical, and BASF Corporation). The administrative orders were 
submitted as part of the 15 Percent ROP Plan submittal for approval 
into the SIP. The orders include appropriate test methods, monitoring 
and recordkeeping requirements to make them enforceable. The EPA is 
approving the orders into the State Implementation plan, and approving 
the reductions towards the 15 percent ROP requirement.
    8. Permits: Emission reductions were obtained from two facilities 
(Allied Signal and Georgia Pacific) from revisions to their State 
permits. The permits were issued pursuant to the State's SIP-approved 
permitting

[[Page 54740]]

program and are, therefore, Federally enforceable. The EPA reviewed the 
permits to ensure they contained appropriate test methods, monitoring, 
and recordkeeping requirements to render them enforceable. The EPA is, 
therefore, approving the reductions from the permits towards the 15 
percent ROP requirement.
    9. Other Reductions: Louisiana's 15 Percent ROP Plan includes 
reductions from implementation of tank vent controls at two facilities. 
Exxon Chemical began venting emissions from 10 storage tanks to a vent 
recovery system. These emissions are enforceable through LAC 
33:III.2103. Ciba-Geigy also installed controls on tank vents. These 
emission reductions are enforceable under LAC 33:III.2115.
    The EPA is approving these reductions resulting from compliance 
with the State regulations towards the 15 percent ROP requirement.

G. RACT Determination

    The EPA has defined RACT as the lowest level of emissions that can 
reasonably be achieved considering technical and economic issues. 
Section 182(b)(2) of the Act requires States to adopt RACT rules for 
three general groups of sources: (1) Those covered by post-enactment 
Control Technique Guidelines (CTG) documents; (2) those covered by pre-
enactment CTG documents; and (3) all other major stationary sources of 
VOC. A CTG is a document issued by EPA that examines the technical 
feasibility and costs of controls for a particular source type and 
establishes a presumptive level of control that is considered RACT. The 
EPA has not issued a number of the post-enactment CTG documents. 
Instead, EPA has issued Alternative Control Technique (ACT) documents. 
These documents provide much of the same information as the CTG 
documents pertaining to control costs and feasibility. However, instead 
of establishing a presumptive norm for RACT, these documents provide 
options for control. A State can use this information to establish a 
RACT level of control appropriate for the circumstances in the State. 
When EPA failed to issue a CTG document for VOL storage by November 15, 
1993, the responsibility shifted to the State to submit a non-CTG RACT 
rule under section 182(b)(2)(C) for major non-CTG sources. (For a 
discussion of the legal rationale, see Appendix E of the General 
Preamble to Title I of the Clean Air Act (57 FR 13498, April 16, 
1992).) The EPA issued an ACT for VOL storage in January 1994.
    Louisiana's VOC storage regulation (LAC 33:III.2103) is generally 
consistent with EPA's guidance contained in the ACT for VOL storage. 
Therefore, EPA is approving the regulation as meeting the RACT 
requirements of section 182(b)(2)(C) for VOL storage.
    The following table summarizes the total reductions identified in 
the Louisiana 15 Percent ROP Plan to satisfy the 15 percent (net of 
growth) reductions requirement:

                 Summary of Approved Emission Reductions                
------------------------------------------------------------------------
     Louisiana 15 percent ROP plan required reductions                  
                   (excluding RVP/FMVCP)                      (tons/day)
------------------------------------------------------------------------
15 Percent ROP Reduction...................................         29.7
I/M Correction.............................................          1.3
RACT Correction............................................          0.0
Growth.....................................................          3.8
                                                            ------------
      Total................................................         34.8
Reductions In Plan:........................................             
Stage II Vapor Recovery....................................          3.4
Vents to Flares............................................          3.7
Marine Vapor Recovery......................................          8.6
Tank Fitting Controls......................................          7.9
Fugitive Emission Controls.................................         10.4
Federal Rules (Wastewater NESHAP, VOL Storage NSPS)........          1.5
Compliance Orders/Permits..................................          1.0
Other (Tank Vent Recovery, Secondary Roof Seal on Tank)....          0.9
                                                            ------------
      Total................................................         37.4
Surplus Reductions (To Be Carried Over To Post-1996 Rate-of-            
 Progress Plan)............................................          2.6
------------------------------------------------------------------------

H. Contingency Measures

    Section 172(c)(9) of the Act requires moderate and above areas to 
adopt and submit contingency measures to be implemented if ROP is not 
achieved or if the standard is not attained by the applicable 
attainment date. In the General Preamble to Title I of the Act, EPA 
interpreted the Act to require States with moderate and above ozone 
nonattainment areas to include contingency measures in their November 
15, 1993, submittals. The contingency measures generally must provide 
reductions of 3 percent of the emissions from the adjusted base year 
inventory. While all contingency measures must be fully adopted rules 
or measures, the State can use these measures in two different ways. 
The State can use its discretion to implement any contingency measures 
it wants before 1996. Alternatively, the State may decide not to 
implement a measure until the area has failed to either make ROP or 
attain the NAAQS. In that situation, the reductions must be achieved in 
the year following that in which the failure has been identified.
    Louisiana included its emissions banking regulations as the section 
172(c)(9) contingency measures in the 15 Percent ROP Plan. The EPA will 
be acting upon the banking regulations in its rulemaking action on the 
Louisiana Post-1996 ROP Plan and Attainment Demonstration SIP, which 
was submitted to EPA on December 22, 1995. The EPA considers it 
appropriate to act on the contingency measure in the context of that 
rulemaking action because the banking regulation has also been 
submitted for the contingency measures in the Post-1996 ROP Plan. In 
addition, the banking regulation allows the use of post-1990 shutdown 
credits for emissions offsets, and EPA has established certain 
requirements that must be met regarding the approval status of the 
Attainment Demonstration in order for certain shutdown credits to be 
used for emissions offsets.

[[Page 54741]]

    A more detailed description of the contingency measure is provided 
in the TSD.

I. Rate-of-Progress Demonstration

    The control measures in Louisiana's 15 Percent ROP Plan have 
already been implemented, or will be implemented, by November 15, 1996.

J. Enforceability Issues

    All measures and other elements in the SIP must be enforceable by 
the State and EPA (see sections 172(c)(6), 110(a)(2)(A) of the Act, and 
page 13556 of the General Preamble). The EPA criteria addressing the 
enforceability of SIP's and SIP revisions were stated in a September 
23, 1987, memorandum (with attachments) from J. Craig Potter, Assistant 
Administrator for Air and Radiation (see page 13541 of the General 
Preamble). Nonattainment area plan provisions must also contain a 
program that provides for enforcement of the control measures and other 
elements of the SIP (see section 110(a)(2)(C) of the Act).
    The 15 percent ROP control measures have been reviewed by EPA and 
determined to be enforceable by the State. Several of the measures are 
already Federally enforceable. The remaining measures will be made 
Federally enforceable in this rulemaking action by incorporation into 
the SIP.

IV. Final Action

    The EPA is approving the Louisiana 15 Percent ROP Plan required by 
section 182(b)(1) of the Act and the State's accompanying orders and 
regulations. The EPA is also approving a revision to the 1990 base year 
VOC emission inventory for the Baton Rouge ozone nonattainment area. In 
addition, EPA is approving LAC 33:III.2103, Storage of Volatile Organic 
Compounds, as meeting the section 182(b)(2) RACT requirements for VOL 
storage.
    The EPA is not acting on the section 172(c)(9) contingency measures 
contained in the 15 Percent ROP Plan submittal in this document. The 
contingency measures will be addressed in a future rulemaking action on 
that subject.
    In addition, by virtue of approving the 15 Percent ROP Plan, EPA is 
also approving the motor vehicle emissions budget for VOC. For the 
purpose of transportation conformity determinations, final approval of 
this 15 Percent ROP Plan revision would eliminate the need for a build/
no-build test and less-than-1990 emissions test for VOC for the 1996 
analysis year. However, for the 1996 analysis year and later, 
conformity determinations addressing VOC must demonstrate consistency 
with this plan revision's motor vehicle emissions budget. In addition, 
for years beyond 1996, conformity determinations addressing VOC must 
demonstrate consistency with this plan revision's VOC motor vehicle 
emissions budget, the VOC motor vehicle emissions budget in the 
submitted (but not yet approved) Attainment Demonstration, and 
satisfaction of the build-no-build test and less-than-1990 emissions 
test for VOC (until the Attainment Demonstration is approved). 
Conformity determinations addressing nitrogen oxides (NOX) must 
demonstrate conformity with the NOX motor vehicle emissions budget 
in the submitted (but not yet approved) Attainment Demonstration. The 
build/no-build test for NOX for the 1996 analysis year and beyond 
is not required because EPA has approved a section 182(b)(1) 
transportation conformity NOX exemption for the Baton Rouge ozone 
nonattainment area (61 FR 7218, February 27, 1996).
    The EPA is publishing this action without prior proposal because 
the Agency 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 23, 1996, unless, by November 21, 1996 adverse or 
critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent action that will 
withdraw the final action. All public comments received will 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, the public is 
advised that this action will be effective December 23, 1996.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

VI. Administrative Requirements

A. Executive Order (E.O.) 12866

    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 (OMB) has 
exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. See 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    The SIP approvals under section 110 and subchapter I, part D of the 
Act do not create any new requirements but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP 
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the Federal-State relationship under the Act, 
preparation of a flexibility analysis would constitute Federal inquiry 
into the economic reasonableness of State action. The Act forbids EPA 
to base its actions concerning SIPs on such grounds. See Union Electric 
Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, 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 private sector, of $100 
million or more. Under section 205, 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 
requires EPA to establish a plan for informing and advising any small 
governments that

[[Page 54742]]

may be significantly or uniquely impacted by the rule.
    The EPA has determined that the approval action promulgated 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 
preexisting 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.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added 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 this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 23, 1996. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.
    Note: Incorporation by reference of the SIP for the State of 
Louisiana was approved by the Director of the FR on July 1, 1982.

    Dated: September 30, 1996.
Jerry Clifford,
Acting Regional Administrator.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

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

Subpart T--Louisiana

    2. Section 52.970 is amended by adding paragraph (c)(71) to read as 
follows:


Sec. 52.970  Identification of plan.

* * * * *
    (c) * * *
    (71) A revision to the Louisiana SIP addressing the 15 percent 
rate-of-progress requirements was submitted by the Governor of 
Louisiana by cover letter dated December 15, 1995. This revision, 
submitted to satisfy the requirements of section 182(b) of the Clean 
Air Act (Act), will aid in ensuring that reasonable further progress is 
made towards attaining the national ambient air quality standard 
(NAAQS) for ozone.
    (i) Incorporation by reference.
    (A) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter 
A. General; section 2108. Marine Vapor Recovery, paragraphs B.1., B.2., 
B.3., B.3.a. through B.3.d., B.4.a., B.4.b., B.5., B.6., D.1.a., 
D.1.a.i., D.1.a.ii., D.1.b., D.2., D.3., D.4.a., D.4.b., D.4.c., 
D.4.c.i., D.4.c.ii., D.4.d., D.4.e., D.4.e.i., D.4.e.ii., D.4.f., 
D.4.g., E.2., E.2.a. through E.2.c., F.1., F.2., F.3., G.1., G.2., as 
adopted by LDEQ on October 20, 1988.
    (B) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter 
A. General; section 2108. Marine Vapor Recovery, paragraphs A., B. 
Definitions-Barge, Crude Oil, Gasoline, Ship, C., C.1., C.2., C.3., 
C.3.a. through C.3.d. (note: paragraphs B.1., B.2., B.3., and B.3.a. 
through B.3.d., as adopted on October 20, 1988, were moved to C.1., 
C.2., C.3., and C.3.a. through C.3.d. without repromulgating), C.4., 
C.4.a., C.4.b., C.5., C.6. (note: paragraphs B.4.a., B.4.b., B.5., and 
B.6., as adopted on October 20, 1988, were moved to C.4.a., C.4.b., 
C.5., and C.6. without repromulgating), D.1., D.1.a. through D.1.c., 
D.2., D.2.a. through D.2.c., D.3., E., E.1., E.1.a., E.1.a.i., 
E.1.a.ii., E.1.b., E.2., E.3. (note: D.1.a., D.1.a.i., D.1.a.ii., 
D.1.b., D.2., and D.3., as adopted October 20, 1988, were moved to 
E.1.a., E.1.a.i., E.1.a.ii., E.1.b., E.2., and E.3. without 
repromulgating), E.4., E.4.a., E.4.b., E.4.c., E.4.c.i., E.4.c.ii., 
E.4.d., E.4.e., E.4.e.i., E.4.e.ii., E.4.f., E.4.g. (note: D.4.a., 
D.4.b., D.4.c., D.4.c.i., D.4.c.ii., D.4.d., D.4.e., D.4.e.i., 
D.4.e.ii., D.4.f., and D.4.g, as adopted on October 20, 1988, were 
moved to E.4.a., E.4.b., E.4.c., E.4.c.i., E.4.c.ii., E.4.d., E.4.e., 
E.4.e.i., E.4.e.ii., E.4.f., and E.4.g. without repromulgating), E.5., 
F., F.1., F.2., F.2.a. through F.2.e. (note: E.2. and E.2.a. through 
E.2.c., as adopted on October 20, 1988, were moved to F.2. and F.2.a 
through F.2.c. without repromulgating), G., G.1., G.2., G.3. (note: 
F.1., F.2., and F.3., as adopted October 20, 1988, were moved to G.1., 
G.2., and G.3. without repromulgating), H., H.1., H.2. (note: G.1. and 
G.2., as adopted on October 20, 1988, were moved to H.1. and H.2. 
without repromulgating), as adopted by LDEQ on November 20, 1990.
    (C) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter 
A. General; section 2122. Fugitive Emission Control for Ozone 
Nonattainment Areas, paragraphs A., A.1. through A.5., A.6., A.6.a. 
through A.6.d., B. Definitions-Connector, Good Performance Level, Heavy 
Liquid Service, Inaccessible Valve/Connector, In Vacuum Service, Light 
Liquid, Light Liquid Service, Liquid Service, Process Unit, Process 
Unit Shutdown, Unrepairable Component, C., C.1., C.1.a. through C.1.c., 
C.2. through C.5., D., D.1., D.1.a., D.1.a.i., D.1.a.ii., D.1.b., 
D.1.b.i. through D.1.b.v., D.1.c. through D.1.e., D.2., D.2.a., D.2.b., 
D.2.b.i. through D.2.b.iii., D.3., D.3.a. through D.3.d., D.4., D.4.a. 
through D.4.k., D.5., E.1.a. through E.1.f., E.2., E.3., E.3.a., 
E.3.a.i. through E.3.a.v., E.3.b., E.3.b.i. through E.3.b.v., F., F.1., 
F.2., F.2.a. through F.2.j., F.3., G., G.1. through G.13., as adopted 
by LDEQ on October 20, 1994.
    (D) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter 
A. General; section 2122. Fugitive Emission Control for Ozone 
Nonattainment Areas, paragraphs E., E.1., E.1.g., as adopted by LDEQ on 
November 20, 1994.
    (E) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter 
A. General; section 2103. Storage of Volatile Organic Compounds, 
paragraphs A., B., D.1., D.1.a. through D.1.d., D.2., D.2.a. through 
D.2.e., E., F., G., G.1. through G.4., H., H.1., H.2., H.2.a. through 
H.2.e., H.3., I., I.1., I.2., I.2.a. through I.2.c., I.3. through I.5., 
as adopted by LDEQ on December 20, 1994.
    (F) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air;

[[Page 54743]]

Chapter 21. Control of Emissions of Organic Compounds, Subchapter A. 
General; section 2103. Storage of Volatile Organic Compounds, 
paragraphs C., D., D.3., as adopted by LDEQ on November 20, 1995.
    (G) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter 
A. General; section 2103. Storage of Volatile Organic Compounds, 
paragraph D.4., as adopted by LDEQ on December 20, 1995.
    (H) Reasonable Further Progress Agreed To Order, dated December 16, 
1994, issued by the Assistant Secretary of the State of Louisiana 
Department of Environmental Quality in the matter of BASF Corporation, 
Geismar, Louisiana.
    (I) Reasonable Further Progress Agreed To Order, dated August 22, 
1994, issued by the Assistant Secretary of the State of Louisiana 
Department of Environmental Quality in the matter of CosMar Company, 
Inc., Carville, Louisiana.
    (J) Reasonable Further Progress Agreed To Order, dated September 
26, 1994, issued by the Assistant Secretary of the State of Louisiana 
Department of Environmental Quality in the matter of Shell Chemical 
Company, Geismar, Louisiana.
    (K) Reasonable Further Progress Agreed To Order, dated September 8, 
1994, issued by the Assistant Secretary of the State of Louisiana 
Department of Environmental Quality in the matter of Uniroyal Chemical 
Company, Inc., Geismar, Louisiana.
    (L) Reasonable Further Progress Agreed To Order, dated September 8, 
1994, issued by the Assistant Secretary of the State of Louisiana 
Department of Environmental Quality in the matter of Vulcan Chemicals, 
Geismar, Louisiana.
    (M) SIP narrative plan entitled, ``Revision to the 15% Rate of 
Progress Plan and 1990 Emissions Inventory,'' dated December 28, 1995, 
page 11, Section 2.2, 1996 Target Level Emissions, first paragraph; 
page 23, Section 5, Table 2--Reductions in Plan; page 173, Appendix G, 
table--Reductions from Industrial Sources through 1996 Used for the 15% 
Requirement, which ends on page 174.
    (ii) Additional materials.
    (A) SIP narrative plan entitled, ``Revision to 15% Rate of Progress 
Plan and 1990 Emissions Inventory,'' submitted by the Governor of 
Louisiana on December 15, 1995, except Section 6. Contingency Measures 
Documentation, Appendix M. Contingency Reductions Documentation, and 
Appendix N. Banking Regulations.
    (B) Letter dated May 3, 1996, from Gustave Von Bodungen, Louisiana 
Department of Environmental Quality, to Thomas Diggs, U.S. 
Environmental Protection Agency, transmitting supplemental 
documentation for the 15 Percent Rate of Progress Plan.
[FR Doc. 96-27002 Filed 10-21-96; 8:45 am]
BILLING CODE 6560-50-P