[Federal Register Volume 63, Number 45 (Monday, March 9, 1998)]
[Rules and Regulations]
[Pages 11372-11374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5983]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA 25-1-7375a; FRL-5971-5]


Approval and Promulgation of Implementation Plans for Louisiana: 
General Conformity Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action approves a revision to the Louisiana State 
Implementation Plan (SIP) that contains section LAC 33:III.1405.B of 
the State general conformity rule and removes the conditional approval 
in 40 CFR 52.994(a). The EPA approved the Louisiana general conformity 
rule on September 13, 1996 (61 FR 48409) conditioned upon the State 
making certain revisions to LAC 33:III.1405.B. The State of Louisiana 
has fully satisfied the condition for approval with the revision 
submitted by the Governor on September 8, 1997.
    The EPA is approving this SIP revision under sections 110(k) and 
176 of the Clean Air Act (the Act). The rationale for the approval and 
other information are provided in this notice.

DATES: This action is effective on May 8, 1998, unless adverse or 
critical comments are received by April 8, 1998. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Comments should be mailed to Mr. Thomas H. Diggs, Chief, Air 
Planning Section (6PDL) at the Region 6 address. Copies of the State's 
submittal and other relevant information are available for 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.
    Air Planning Section (6PDL), Multimedia Planning and Permitting 
Division, Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202, Telephone: (214) 665-7214.
    Air Quality Division, Louisiana Department of Environmental 
Quality, 7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810, 
Telephone: (504) 765-0219.
    Documents which are incorporated by reference are available for 
public inspection at Air and Radiation Docket and Information Center, 
Environmental Protection Agency, 401 M Street, S.W., Washington, D.C. 
20460.

FOR FURTHER INFORMATION CONTACT: Mr. J. Behnam, P. E., Air Planning 
Section (6PDL), Multimedia Planning and Permitting Division, 
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202, telephone (214) 665-7247.

SUPPLEMENTARY INFORMATION:

I. Background

    Conformity provisions first appeared in the Act, as amended, in 
1977 (Public Law 95-95). Although these provisions did not define 
conformity, they provided that no Federal department could engage in, 
support in any way, or provide financial assistance for, license or 
permit, or approve any activity which did not conform to a SIP that has 
been approved or promulgated for the nonattainment or maintenance 
areas.
    The 1990 Amendments of the Act expanded the scope and content of 
the conformity provisions by defining conformity to an implementation 
plan. Conformity is defined in section 176(c) of the Act as conformity 
to the SIP's purpose of eliminating or reducing the severity and number 
of violations of the National Ambient Air Quality Standards and 
achieving expeditious attainment of such standards, and that such 
activities will not: (1) Cause or contribute to any new violation of 
any standard in any area, (2) increase the frequency or severity of any 
existing violation of any standard in any area, or (3) delay timely 
attainment of any standard or any required interim emission reductions 
or other milestones in any area.
    The Act requires EPA to promulgate criteria and procedures for 
determining conformity of all other Federal actions in the 
nonattainment or maintenance areas (actions other than those under 
Title 23 U.S.C. or the

[[Page 11373]]

 Federal Transit Act) to a SIP. The criteria and procedures developed 
for this purpose are called ``general conformity'' rules. The rules 
pertaining to actions under Title 23 U.S.C. or the Federal Transit Act 
were published in a separate Federal Register notice on November 24, 
1993 (see 58 FR 62188). The EPA published the final general conformity 
rules on November 30, 1993 (58 FR 63214) and codified them at 40 CFR 
part 51, subpart W--Determining Conformity of General Federal Actions 
to State or Federal Implementation Plans. The general conformity rules 
require the States and local air quality agencies (where applicable) to 
adopt and submit a general conformity SIP revision to the EPA not later 
than November 30, 1994.
    The EPA conditionally approved the Louisiana general conformity 
rule on September 13, 1996 (61 FR 48409). At the time of initial 
review, section 1405.B of the State rule allowed the State 
administrative authority to approve changes to the emissions estimating 
methods and use of new or modified models in the air quality and 
conformity analyses. This is contrary to 40 CFR 51.859 of the EPA 
general conformity rule which requires use of the EPA approved 
procedures and models, and retains the EPA's approval authority for any 
deviation from the recommended provisions. In addition, section LAC 
33:III.1411 of the State rule which contains identical requirements as 
EPA's 40 CFR 51.859, requires approval of the EPA Regional 
Administrator for use of the modified emissions estimating methods and 
models if they are deviations from the EPA's recommended procedures or 
models. The EPA could not approve this SIP revision unless this 
inconsistency was corrected in section 1405.B of the State's general 
conformity rule. The State was required to make this correction and 
submit a SIP revision within twelve months of the final approval date 
of the conditional approval action (September 15, 1997).

II. Evaluation of State's Submission

    On September 8, 1997, the Governor of Louisiana submitted a SIP 
revision in compliance with the conditional approval action of the 
State general conformity rule. The State has adequately corrected the 
deficiency which was cited in the original action of September 13, 1996 
(61 FR 48409) and has revised section 1405.B to achieve consistency 
with the Federal rule. This correction makes the entire State general 
conformity rule consistent with the Federal requirements in 40 CFR part 
51, subpart W.

III. Final Action

    The EPA is approving a revision to the Louisiana general conformity 
SIP, specifically LAC 33:III.1405.B, based on the Governor's submission 
of September 8, 1997, and rationale provided in this action. This 
correction makes the entire State general conformity rule consistent 
with the Federal requirements in 40 CFR part 51, subpart W. The State 
has undertaken appropriate public participation and interagency 
consultations during revision of LAC 33:III.1405.B at the local level.
    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 May 8, 1998, unless adverse or critical comments concerning 
this action are submitted and postmarked by April 8, 1998. 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 this action 
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 
May 8, 1998.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget has exempted this action from 
review under Executive Order 12866.

B. Regulatory Flexibility

    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 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, the EPA certifies 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).
    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.

C. 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 sections 110 and 176 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, 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

[[Page 11374]]

governments in the aggregate or to the private sector.

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, the 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 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 May 8, 1998. Filing a petition for 
reconsideration of this final rule by the Regional 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)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
General conformity, Hydrocarbons, Incorporation by reference, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter, Volatile organic compounds.

    Dated: February 9, 1998.
Lynda F. Carroll,
Acting Regional Administrator, Region 6.

    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 et seq.

Subpart T--Louisiana

    2. Section 52.970 is amended by adding paragraph (c)(75) to read as 
follows:


Sec. 52.970  Identification of plan.

* * * * *
    (c) * * *
    (75) A revision to the Louisiana State Implementation Plan for 
General Conformity: LAC 33:III. Chapter 14. Subchapter A ``Determining 
Conformity of General Federal Actions to State or Federal 
Implementation Plan,'' Section 1405.B as adopted by the Louisiana 
Department of Environmental Quality Secretary and published in the 
Louisiana Register, Vol. 23, No. 6, 720, June 20, 1997, was submitted 
by the Governor on September 8, 1997.
    (i) Incorporation by reference.
    (A) Louisiana General Conformity: LAC 33:III. Chapter 14. 
Subchapter A ``Determining Conformity of General Federal Actions to 
State or Federal Implementation Plan'', Section 1405.B as adopted by 
the Louisiana Department of Environmental Quality Secretary and 
published in the Louisiana Register, Vol. 23, No. 6, 720, June 20, 
1997.


Sec. 52.994  [Removed]

    3. Section 52.994 is removed.

[FR Doc. 98-5983 Filed 3-6-98; 8:45 am]
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