[Federal Register Volume 63, Number 159 (Tuesday, August 18, 1998)]
[Proposed Rules]
[Pages 44192-44208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22062]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-29-1-7181; FRL-6144-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Louisiana: Reasonable-Further-Progress Plan for the 1996-1999 Period, 
Attainment Demonstration, Contingency Plan, Motor Vehicle Emission 
Budgets, and 1990 Emission Inventory for the Baton Rouge Ozone 
Nonattainment Area; Louisiana Point Source Banking Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In this action, the EPA is proposing to approve revisions to 
the Louisiana State Implementation Plan (SIP) for the Baton Rouge ozone 
nonattainment area submitted by the State of Louisiana for the purpose 
of satisfying the Post-1996 Rate-of-Progress (ROP), Attainment 
Demonstration, and Contingency Plan requirements of the Federal Clean 
Air Act (the Act), which will aid in ensuring the attainment of the 
National Ambient Air Quality Standard (NAAQS) for ozone. The EPA is 
also proposing approval of the associated 1999 Motor Vehicle Emissions 
Budgets (MVEBs) for the area.
    The EPA proposes to take action on additional SIP revisions 
submitted by Louisiana including codifying revisions that were made to 
the 1990 base year emission inventory and submitted to the EPA as part 
of the Baton Rouge 15 Percent Rate-of-Progress Plan approved on October 
22, 1996. Furthermore, the EPA proposes to approve additional revisions 
to the 1990 base year emissions inventory submitted as part of the 
Post-1996 Rate-of-Progress Plan. The EPA is also proposing approval of 
the State's point source banking regulations. This rulemaking action is 
being taken under sections 110, 301 and part D of the Act.

DATES: Comments must be received on or before October 19, 1998.

ADDRESSES: Written comments on this action should be addressed to Mr. 
Thomas H. Diggs, Chief, Air Planning Section, at the EPA Regional 
Office listed below. Copies of the documents relevant to this action 
are available for public inspection during normal business hours at the 
following locations. Persons interested in examining these documents 
should make an appointment with the appropriate office at least 24 
hours before the visiting day.

Environmental Protection Agency, Region 6, Air Planning Section (6PD-
L), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
Louisiana Department of Environmental Quality, Office of Air Quality 
and Radiation Protection, H. B. Garlock Building, 7290 Bluebonnet 
Blvd., Baton Rouge, Louisiana, 70810.

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

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
    A. Clean Air Act Requirements
    1. Reasonable Further Progress Requirements
    2. Contingency Measures Requirements
    3. Motor Vehicle Emissions Budgets
    4. Attainment Demonstration Requirements
    B. Related SIP Approvals
    C. Current SIP Submittals
II. Analysis of the Submittals
    A. Post-1996 Rate-of-Progress Plan
    1. Introduction
    2. Base Year Emissions Inventory
    3. Adjusted Base Year Inventory
    4. Required Rate-of-Progress Reductions
    5. Fleet Turnover Correction Term
    6. Calculation of Target Level of Emissions
    7. Growth Calculations
    a. Introduction
    b. Point Sources
    c. Area Sources
    d. On-road Mobile Sources
    e. Non-road Mobile Sources
    8. Total Required Reductions
    9. Measures to Achieve the Required Reductions
    a. Surplus Reductions in the 15 Percent ROP Plan
    b. Tier I FMVCP
    c. Federal Non-road Small Engine Standards

[[Page 44193]]

    d. Architectural and Industrial Maintenance (AIM) Coatings
    e. Autobody Refinishing National Rule
    f. Consumer Products National Rule
    g. Glycol Dehydrator Controls
    h. Vents to Flare
    i. Barge Cleaner (Permit Modification)
    j. Acetylene Plant (Agreed To Order)
    k. Summary of Reductions in the Plan
    l. EPA Action
    B. Motor Vehicle Emissions Budgets
    1. Introduction
    2. EPA Action
    C. Contingency Measures
    1. Introduction
    a. Point Source Emissions Banking
    b. EPA Action
    D. Additional Rule Submitted
    E. Attainment Demonstration
    1. Introduction
    2. Uncertainty and Model Performance
    3. Episodes Modeled
    4. Attainment Tests
    5. Photochemical Grid Model Used
    a. Modeling Inputs
    i. Meteorological and Air Quality Inputs
    ii. Base Case Emissions Inventories
    iii. Projection Inventories
    iv. Future Boundary Conditions
    b. Base Case Model Performance
    6. Attainment Demonstration
    7. Modeling Evaluation Summary
    8. Control Strategy Evaluation
    9. Modeling Attainment Without I/M
    10. EPA Action
III. Proposed Rulemaking Action
    A. Post-1996 ROP Plan
    B. Contingency Plan
    C. Motor Vehicle Emissions Budgets
    D. Attainment Demonstration
    E. Emission Inventory Revisions
    F. Revision to 1996 Target Level of Emissions
V. Administrative Requirements
    A. Executive Orders 12866 and 13045
    B. Regulatory Flexibility Act
    C. Unfunded Mandates

I. Background

A. Clean Air Act Requirements

1. Reasonable Further Progress Requirements
    Section 182(c)(2)(B) of the Act requires each State having one or 
more ozone nonattainment areas classified as serious or worse to 
develop a plan by November 15, 1994, that provides for additional 
actual volatile organic compound (VOC) reductions of at least three 
percent per year, averaged over each consecutive three year period, 
beginning six years after enactment of the Act, until such time as 
these areas have attained the NAAQS for ozone. These plans are referred 
to hereafter as Post-1996 ROP Plans. These plans were due to be 
submitted to the EPA as a SIP revision by November 15, 1994.
    Section 182(b)(1) of the Act mandates a 15 percent VOC emission 
reduction, net of growth, between 1990 and 1996 for each State having 
one or more ozone nonattainment areas classified as moderate or worse. 
That SIP revision was due to the EPA by November 15, 1993. The plan for 
these reductions occurring between 1990-1996 is hereafter referred to 
as the 15% ROP Plan.
    Sections 182(b)(1)(C), 182(b)(1)(D) and 182(c)(2)(B) of the Act 
limit the creditability of certain control measures toward the ROP 
requirements. Specifically, States cannot take credit for reductions 
achieved by Federal Motor Vehicle Control Program (FMVCP) measures 
(e.g., new car emissions standards) promulgated prior to 1990, or for 
reductions stemming from regulations promulgated prior to 1990 to lower 
the volatility (i.e., Reid Vapor Pressure) of gasoline. Furthermore, 
the Act does not allow credit toward ROP requirements for post-1990 
corrections to existing motor vehicle Inspection and Maintenance (I/M) 
Programs or corrections to Reasonably Available Control Technology 
(RACT) rules, since these programs were required to be in place prior 
to 1990. Emissions and emissions reductions shall be calculated on a 
typical weekday basis for the ``peak'' 3-month ozone period (generally 
June through August).
2. Contingency Measures Requirements
    Sections 172(c)(9) and 182(c)(9) of the Act require contingency 
measures to be included in the ROP and attainment plans. These measures 
are required to be implemented immediately if reasonable further 
progress has not been achieved, or if the NAAQS is not met by the 
deadline set forth in the Act.
3. Motor Vehicle Emissions Budgets
    Section 176(c) of the Act, and 40 CFR 51.452(b) of the Federal 
transportation conformity rule require States to establish motor 
vehicle emissions budgets in any control strategy SIP that is submitted 
for attainment and maintenance of the NAAQS.
4. Attainment Demonstration Requirements
    Under section 182(c)(2)(A) of the Act, States required to submit 
Post-1996 ROP Plans, by November 15, 1994, for serious or worse ozone 
nonattaiment areas, must also submit for those areas an attainment 
demonstration to provide for achievement of the ozone NAAQS by the 
statutory deadline. This demonstration is to be based on photochemical 
grid modeling, such as the Urban Airshed Model (UAM), or an equivalent 
analytical method. In a March 2, 1995, memorandum from Mary Nichols, 
Assistant Administrator for the EPA's Office of Air and Radiation, the 
EPA set forth a phased approach to satisfy the attainment demonstration 
requirements under section 182(c)(2)(A) of the Act. Under this 
approach, Louisiana was required to submit a ROP Plan to cover the 
three year Post-1996 ROP period (i.e., 1996-1999) as part of its 
``Phase I'' submittal by December 31, 1995. Pursuant to a December 29, 
1997, memorandum from Richard D. Wilson, Acting Assistant Administrator 
for Air and Radiation, an attainment plan was then due by April 1998, 
showing how Baton Rouge would attain by its statutory attainment date. 
As reflected in the following discussion entitled, ``Current SIP 
Submittals,'' Louisiana made its Post-1996 ROP Plan and Attainment 
Demonstration submittals ahead of the schedules outlined in the policy 
memoranda.
    The Baton Rouge ozone nonattainment area is classified as 
``serious'' and is subject to the section 182(b)(1) 15% ROP 
requirements, section 182(c)(2)(B) Post-1996 ROP requirements, and 
section 182(c)(2)(A) attainment demonstration requirements. The Baton 
Rouge ozone nonattainment area is comprised of the following parishes: 
East Baton Rouge, West Baton Rouge, Ascension, Livingston, and 
Iberville. As a serious ozone nonattainment area, Baton Rouge has a 
statutory attainment date of November 15, 1999. Therefore, the area's 
Post-1996 ROP requirement is to achieve an overall 9 percent reduction 
in actual VOCs (net of growth) during the period 1996-1999 pursuant to 
section 182(c)(2)(B) of the Act.

B. Related SIP Approvals

    As stated previously, section 182(b)(1) of the Act requires that 
moderate and above ozone nonattainment areas reduce their 1990 
emissions of VOCs by 15 percent (net of growth) on or before November 
15, 1996. The 15% ROP Plan submittals were required to be submitted to 
the EPA by November 15, 1993. The EPA approved Louisiana's 15% ROP Plan 
on October 22, 1996 (61 FR 54737). The rulemaking and associated 
technical support document (TSD), which provide detailed information on 
the chronology of the 15% ROP Plan submissions, control measures, etc., 
are available from the EPA Region 6 Office listed above.
    The following is a summary of the emissions reductions in the 15% 
ROP Plan:

[[Page 44194]]



------------------------------------------------------------------------
    Louisiana 15 percent ROP plan required reductions                   
                  (excluding RVP/FMVCP)                     (Tons/Day)  
------------------------------------------------------------------------
15% ROP Reduction.......................................            29.7
I/M Correction..........................................             1.3
RACT Correction.........................................             0.0
Growth..................................................             3.8
                                                         ---------------
    Total...............................................            34.8
Reductions In the 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)..............................................              .9
                                                         ---------------
        Total...........................................            37.4
Surplus Reductions (To Be Carried Over to Post-1996 Rate-               
 of-Progress Plan)......................................             2.6
------------------------------------------------------------------------

    Louisiana subsequently submitted a site-specific revision to the 
approved 15% ROP Plan on December 20, 1997. On May 11, 1998, the EPA 
approved the 15% ROP Plan revision (63 FR 25773). The rulemaking and 
SIP submittal are available at the EPA Region 6 Office listed above.
    In another rulemaking action, the EPA redesignated Pointe Coupee 
Parish, which was formerly part of the six-parish Baton Rouge 
nonattainment area, to attainment for the ozone NAAQS (62 FR 648, dated 
January 6, 1997). The Baton Rouge area was designated nonattainment for 
ozone and classified as serious pursuant to sections 107(d)(4) and 
181(a) of the Act (56 FR 56694, dated November 6, 1991). (Note that the 
EPA is not reopening or requesting comment on the approval actions 
described in this section.)

C. Current SIP Submittals

    In a letter from the Governor dated November 10, 1994, the State of 
Louisiana submitted to the EPA the Post-1996 ROP Plan and Attainment 
Demonstration according to section 182(c)(2). The combined plan 
submittal addressed both the 9 percent VOC emissions reduction 
requirement and the requirement to demonstrate attainment of the ozone 
NAAQS by the area's statutory attainment date, November 15, 1999. The 
SIP submittal was deemed administratively complete on May 15, 1995, by 
operation of law pursuant to section 110(k)(1)(B) of the Clean Air Act.
    Subsequently, on December 22, 1995, the Governor of Louisiana 
submitted revisions to the November 10, 1994, submittal. The EPA 
determined that, in effect, this revised Post-1996 ROP Plan and 
Attainment Demonstration superseded the previous submittal.1 
The plan was determined to be administratively complete on March 22, 
1996. The revisions Louisiana made to the plan substantially modified 
the mix of control measures utilized to satisfy the 9% ROP requirement, 
and also made changes to the attainment demonstration based on the 
EPA's draft guidance document on attainment modeling entitled, 
``Guidance on Use of Modeled Results to Demonstrate Attainment of the 
Ozone NAAQS.'' As provided for by the draft guidance document on 
modeling, the submittal included a weight-of-evidence determination in 
support of the urban airshed modeling results.
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    \1\ In this submittal, the State deleted several of the 
appendices found in the previous submittal and substantially revised 
the remaining portion of the plan (i.e., control strategy, modeling 
demonstration, etc.). The December 22, 1995, submittal is capable of 
standing alone and does not rely on the November 10, 1994, submittal 
to be a complete plan. As such, the EPA's legal obligation to act on 
the State's original Post-1996 ROP Plan/Attainment Demonstration 
submittal, dated November 10, 1994, is rendered moot.
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    Finally, on January 2, 1997, the Governor of Louisiana submitted a 
revision to the December 22, 1995, submittal. The 1997 submittal 
included significant changes to the 1990 base year emissions inventory 
(and associated 15% and 9% ROP reductions) to account for the impending 
redesignation of Pointe Coupee Parish to ozone attainment. Also, the 
1997 submittal incorporated into the 1990 base year emissions inventory 
previously unreported emissions from several point sources. In 
addition, the 1997 submittal removed the emission reduction credits 
taken for the vehicle inspection and maintenance control measure in the 
December 22, 1995, submittal, and replaced them with additional point 
source emission reductions. The submittal also incorporated enhanced 
mobile modeling required by Federal conformity regulations. The 
submittal also included an analysis of how removal of the I/M 
reductions would impact the attainment modeling results submitted in 
the December 22, 1995, Attainment Demonstration. The 1997 submittal was 
determined to be administratively complete on June 20, 1997.
    In addition, Louisiana submitted its contingency measure, point 
source emissions reduction banking regulations, as part of the December 
15, 1995, 15% ROP Plan pursuant to sections 172(c)(9) and section 
182(c)(9) of the Act. The State subsequently submitted the same 
contingency measure in both the December 22, 1995, and January 2, 1997, 
Post-1996 ROP/Attainment Demonstration submittals. The EPA deferred 
taking action on the regulations in the context of the 15% ROP Plan 
approval until its rulemaking action on the Post-1996 ROP Plan/
Attainment Demonstration SIP. (The rationale is explained in more 
detail in the rulemaking action and associated TSD for the 15% ROP 
Plan.)

II. Analysis of the Submittals

    The EPA has reviewed the State's submittals for consistency with 
the Act, and applicable EPA regulations and policy. A summary of the 
EPA's analysis is provided below. More detailed support and technical 
discussion is contained in the July 1998 ``TSD for Proposed Clean Air 
Act Approval and Promulgation of the Post-1996 Rate-of-Progress Plan 
and Attainment Demonstration for the Baton Rouge Ozone Nonattainment 
Area.'' This TSD is available from the EPA's Region 6 Office listed 
above.

[[Page 44195]]

A. Post-1996 Rate-of-Progress Plan

1. Introduction
    Section 182(c)(2)(B) of the Act requires each serious and above 
ozone nonattainment area to submit a SIP revision by November 15, 1994, 
which provides for an actual reduction in VOC emissions of at least 3 
percent per year averaged over each consecutive 3-year period, 
beginning 6 years after enactment of the Clean Air Act Amendments of 
1990 (CAAA), until the area attains the ozone standard.
2. Base Year Emissions Inventory
    Under section 182(b)(1)(B), the baseline from which States 
determine the required reductions for ROP planning is the 1990 base 
year emissions inventory. The inventory is broken down into several 
emissions source categories: stationary, area, on-road mobile, and off-
road mobile. The EPA originally approved the Louisiana 1990 base year 
emissions inventory on March 15, 1995 (60 FR 13911).
    Louisiana's December 15, 1995, submittal made a number of 
adjustments to the base year inventory. The EPA acted upon the revised 
1990 base year inventory as part of its rulemaking on the 15% ROP Plan. 
In that rulemaking, however, the EPA failed to codify its approval of 
the revised base year inventory in the Code of Federal Regulations 
(specifically, 40 CFR part 52). The EPA proposes to codify its approval 
of the revised base year inventory (in the context of the rulemaking on 
the 15% ROP Plan) in this action. (Note that EPA is not reopening or 
asking for comment on its March 15, 1995, approval of the base year 
inventory.)
    Louisiana's January 2, 1997, submittal made a number of revisions 
to the 1990 base year emissions inventory. The following table compares 
the revised 1990 base year VOC emissions cited in the January 2, 1997, 
submittal, with those cited in the approved 15% Plan rulemaking. (It 
should be noted that the inventory cited in the December 22, 1995, 
submittal is identical to the base year inventory cited in the EPA's 
approval of Louisiana's 15% ROP Plan.)

                                                    Baton Rouge, Louisiana, 1990 Base Year Inventory                                                    
                                                        [Ozone Seasonal VOC Emissions (Tons/Day)]                                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Point source     Area source    Onroad mobile  Nonroad mobile     Biogenic                   
                     Plan submittal                          emissions       emissions       emissions       emissions       emissions         Total    
--------------------------------------------------------------------------------------------------------------------------------------------------------
12/15/95................................................          115.40           26.30           55.50           23.20          120.91          341.31
1/2/97..................................................          115.00           25.40           53.40           21.80           99.60          315.20
Difference..............................................             .40             .90            2.10            1.40           21.31           26.11
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The changes to the inventory in Louisiana's January 2, 1997, 
submittal were the result of the following:
    1. Removal of Pointe Coupee emissions from the 1990 base year 
inventory (due to redesignation to attainment):

Point sources........................  Reduced...................................   5.1 tons/day.               
Area sources.........................  Reduced...................................    .9 tons/day.               
Mobile sources.......................  Reduced...................................   2.1 tons/day.               
Nonroad sources......................  Reduced...................................   1.4 tons/day.               
Biogenic sources.....................  Reduced...................................  21.3 tons/day.               
                                                                                  ------------------------------
    Total Reduced....................    ........................................  30.8 tons/day.               
                                                                                                                

    2. The VOC emissions of 1.0 tons/day from JN Oil and Gas facility 
were added to the inventory. This facility was not included in the 
previously approved 1990 inventory.
    3. Borden Chemicals reported an increase in VOC emissions of 3.7 
tons/day from its acetylene plant. The adjustment was based on recent 
studies indicating that the prior inventory reported was understated.
    The EPA is proposing to approve the revised 1990 base year 
emissions inventory submitted on January 2, 1997. (It should be noted 
that in the January 2, 1997, submittal, these revised 1990 base year 
numbers have been rounded to the nearest 10th of a decimal place and 
the non-road and area source emissions have been combined.)
    Overall, these revisions to the 1990 base year inventory decrease 
the ``1990 ROP inventory,'' which is the 1990 base year inventory less 
the biogenic emissions, for the Baton Rouge nonattainment area from 
220.4 tons/day to 215.6 tons/day. The decrease of 4.8 tons/day in the 
1990 ROP inventory reduces the 15% ROP Plan reductions requirement by 
.6 tons/day. Since the reductions in the approved 15% ROP Plan have 
remained unchanged, Louisiana added the .6 tons/day differential to the 
15% Plan surplus reductions resulting in a total surplus of 3.2 tons/
day available to be carried over to the Post-1996 ROP Plan. The EPA is 
proposing to find this revised surplus acceptable for use in the Post-
1996 ROP Plan.
3. Adjusted Base Year Inventory
    Section 182(c)(2)(B) states that the rate-of-progress reductions 
must be achieved ``from the baseline emissions described in subsection 
182(b)(1)(B).'' This baseline value is termed the 1990 adjusted base 
year inventory. Section 182(b)(1)(B) defines baseline emissions (for 
the purposes of calculating each milestone VOC/nitrogen oxides 
(NOX) emissions reduction) as ``the total amount of actual 
VOC or NOX emissions from all anthropogenic sources in the 
area during the calendar year of enactment. This section excludes from 
the baseline the emissions that would be eliminated by FMVCP 
regulations promulgated by January 1, 1990, and the Reid Vapor Pressure 
(RVP) regulations promulgated by the time of enactment (at 55 FR 23666, 
June 11, 1990), which require maximum RVP limits for gasoline to be 
sold in nonattainment areas during the peak ozone season.
    The FMVCP/RVP reduction between 1990 and the target year of 1999 is 
obtained by subtracting a mobile emission inventory based on projected 
1999 fleet emission factors and 1990 vehicle miles travelled (VMT) from 
the 1990 mobile emission inventory. The EPA is proposing to accept the 
State's FMVCP/RVP adjustment of 24.4 tons/day. Thus, the 1990 adjusted 
base year inventory relative to 1999 of 191.2 tons/day (215.6--24.4) is 
proposed to be

[[Page 44196]]

acceptable for the Baton Rouge Post-1996 ROP Plan.
    Provided below is a tabular summary of the emissions inventories 
calculated above.

------------------------------------------------------------------------
                   Emissions inventory                       Tons/day   
------------------------------------------------------------------------
A. 1990 Base Year Emissions Inventory...................           315.2
B. 1990 Rate-of-Progress Inventory (Base Year--                         
 Biogenics).............................................           215.6
C. Emissions Reductions from the Pre-1990 FMVCP and                     
 Phase II RVP Expected by 1999..........................            24.4
D. 1990 Adjusted Base Year Inventory (B-C)..............           191.2
------------------------------------------------------------------------

4. Required Rate-of-Progress Reductions
    The next step is then to calculate the Post-1996 ROP reductions 
requirement. In order to do so, the 1990 adjusted base year VOC 
inventory is multiplied by 9 percent. Thus, the Post-1996 ROP reduction 
requirement is 17.2 tons/day (.09 x 191.2). The EPA is proposing to 
find this Post-1996 ROP reduction (i.e., the 9% ROP reduction) 
acceptable.
5. Fleet Turnover Correction Term
    In the absence of any new requirements of the CAAA, some decrease 
in motor vehicle emissions will occur automatically due to fleet 
turnover. States are not allowed to take credit for these reductions 
for ROP purposes. During the State's calculation of the 1996 target 
level of emissions, these FMVCP reductions, along with non-creditable 
RVP reductions that would occur between 1990 and 1996, were subtracted 
from the 1990 ROP inventory to calculate the 1990 adjusted base year 
inventory. This 1990 adjusted base year inventory was then used to 
calculate the required reductions and the 1996 target level of 
emissions.
    Between 1996 and 1999, there will be some additional reductions in 
emissions due to fleet turnover that are not creditable. These 
additional, non-creditable reductions are referred to as the fleet 
turnover correction term. The FMVCP/RVP mobile source reductions for 
1999 are calculated above (24.4 tons/day). The FMVCP/RVP mobile source 
reductions for 1996 (21.4 tons/day) were calculated in the same way. 
The fleet turnover correction term is the difference between the 1999 
and 1996 reductions, or 3.0 tons/day. The EPA is proposing to accept 
the State's fleet turnover correction term in the Baton Rouge Post-1996 
ROP Plan.
6. Calculation of Target Level of Emissions
    For the purpose of calculating the 1999 target, the 1996 target 
inventory (obtained from the 15% ROP Plan calculations) is used. The 
1996 target inventory used by the State in this calculation was revised 
from the target inventory approved as part of the 15% ROP Plan 
rulemaking in order to account for the changes made to the 1990 base 
year inventory described above. The EPA is proposing to approve the 
State's revised 1996 target level of emissions of 163.8 tons/day in 
this rulemaking.
    The 1999 target level of emissions is the amount of VOC emissions 
that must be achieved in order for the nonattainment area to 
demonstrate that the 9% ROP requirement has been met. The 1999 target 
level used by the State in the Post-1996 ROP Plan is the revised 1996 
target level (163.8 tons/day), less the 9% ROP reductions (17.2 tons/
day), less the fleet turnover correction term (3.0 tons/day), or 143.6 
tons/day. The EPA is proposing to approve the State's 1999 target level 
of emissions of 143.6 tons/day in this rulemaking.
7. Growth Calculations
    a. Introduction. The EPA has interpreted the Act to require that 
States must provide for sufficient control measures in their ROP Plans 
to offset any emissions growth expected to occur after 1996. Therefore, 
to meet the ROP requirement, a State must provide for sufficient 
emissions reductions to offset projected growth in emissions in 
addition to the 3 percent annual average reduction of VOC emissions. 
Thus, an estimate of growth in emissions from 1996 to 1999 is required 
for determining the total amount of required reductions in the Post-
1996 ROP Plan. The estimate is made by taking the 1990 base year 
inventory for each of the various source categories and multiplying it 
by a factor which estimates growth from 1990 to 1999. The growth of 
each source is calculated separately since the sources typically grow 
at different rates. The following is a discussion of the State of 
Louisiana's growth projections for 1996-1999.
    b. Point Sources. Growth factors from the EPA's Economic Growth 
Analysis System (EGAS) were used to estimate 1990-1999 growth for point 
sources. The EGAS is a computer software package that provides growth 
factors by Source Category Codes for each specific emissions point at a 
facility. The 1999 point source inventory was calculated by projecting 
the 1990 base year emissions inventory by the EGAS growth factors. The 
1990-1999 point source growth is a negative 1.6 tons per day (TPD).
    The growth estimate for 1990-1996 calculated in the 15% ROP Plan 
was a negative 1.8 tons/day. As stated earlier, the State is required 
to offset the emissions growth expected in 1996-1999. Therefore, the 
growth projection for 1996-1999 is a positive .2 tons/day (from 
negative 1.8 to negative 1.6 tons/day).
    The State noted in its Post-1996 ROP plan that the point source 
emissions reductions reflected in the 15% ROP Plan, 34.0 tons/day, had 
been adjusted for projected growth through 1996. Growing the point 
source reductions out to 1999 increases the point source reductions to 
34.2 tons/day. The .2 tons/day difference in projected reductions is 
shown in the plan as a reduction in the total amount of growth that 
must be offset. The EPA is proposing to find the State's point source 
growth projections for 1996-1999 acceptable.
    c. Area Sources. The EGAS growth factors were used for area 
sources, other than gasoline distribution and leaking underground 
storage tanks (USTs). (Gasoline distribution growth was based on 1996 
and 1999 fleet gasoline fuel efficiencies (miles/gallon) determined 
from the MOBILE5a model and used with 1996 and 1999 VMT to estimate gas 
consumption. Leaking USTs were based on an actual count.) The area 
source growth for 1996-1999 is .2 tons/day. The EPA is proposing to 
find the State's area source growth projections for 1996-1999 
acceptable.
    d. On-road Mobile Sources. Highway mobile source growth was 
determined through projections using the MOBILE5a computer model and 
projected growth in VMT. The VMT growth projections were developed by 
the Louisiana Department of Transportation, in cooperation with the 
Metropolitan Planning Organization, Capitol Regional Planning 
Commission, and Louisiana Department of Environmental Quality. The 
projected on-road mobile source emissions growth for the Baton Rouge 
area (1996-1999) is 2.4 tons/day. The EPA is proposing to

[[Page 44197]]

find acceptable the State's on-road mobile source growth projections 
for 1996-1999.
    e. Non-road Mobile Sources. The EGAS growth factors were used for 
projecting growth in non-road mobile sources. The non-road mobile 
growth (1996-1999) is .2 TPD. The EPA is proposing to find acceptable 
the State's non-road mobile growth projections for 1996-1999 
acceptable.
    The following Table summarizes the emissions growth by source 
category from the nonattainment area:

                      Baton Rouge Growth, 1996-1999                     
------------------------------------------------------------------------
                     Source category                         Tons/day   
------------------------------------------------------------------------
Point...................................................            0.2 
Area....................................................            0.2 
On-road Mobile..........................................            2.4 
Non-road Mobile.........................................            0.2 
Subtotal................................................            3.0 
Offset from Growth of 15% Plan Point Source Reductions..           (0.2)
    Total Growth in 9% Plan.............................            2.8 
------------------------------------------------------------------------

    In summary, the EPA proposes that the State's methodology for 
selecting growth factors and applying them to the 1990 base year 
emissions inventory to estimate growth in emissions from 1996-1999 is 
acceptable.
8. Total Required Reductions
    The total required reductions in the plan include the 9% ROP 
reductions, reductions to offset projected growth (1996-1999), and the 
FMVCP/RVP turnover correction reductions (1996-1999). The total 
required reductions are 23.0 tons/day. The State's ``share'' of these 
reductions consists of the 9 percent reductions (17.2 tons/day) plus 
the growth offset (2.8 tons/day), or 20.0 tons/day. The FMVCP/RVP 
turnover correction reductions (3.0 tons/day) are the Federal 
reductions that are not creditable towards meeting the ROP/growth 
offset requirements.
9. Measures to Achieve the Required Reductions
    a. Surplus Reductions in the 15 Percent ROP Plan. As stated 
previously, the surplus reductions in the 15% ROP Plan total 3.2 tons/
day. The State has carried these reductions over to the Post-1996 ROP 
Plan, which the EPA is proposing to find acceptable. A detailed 
description of the control measures are included in the TSD to this 
proposed rulemaking, as well as in the 15% ROP Plan rulemaking and its 
associated TSD.
    b. Tier I FMVCP. Section 202 of the Act sets new Tier 1 emission 
standards for motor vehicles. The EPA promulgated Tier 1 standards for 
1994 and later model year light-duty vehicles and light-duty trucks on 
June 5, 1991 (56 FR 25724). The Tier 1 standards are approximately 
twice as stringent as prior (pre-1990 CAAA) motor vehicle emissions 
standards. The State employed the MOBILE5a emission factor model to 
estimate the amount of VOC emissions reductions from this control 
measure. The State has calculated that the Tier I FMVCP reductions will 
achieve a total of 1.0 tons/day in emissions reductions in 1996-1999. 
The EPA is proposing that the State's emission reduction estimates are 
adequately documented and acceptable for credit towards the Post-1996 
ROP Plan.
    c. Federal Non-road Small Engine Standards. The Federal standards 
for non-road engines (25 horsepower and below) were promulgated on July 
3, 1995 (60 FR 34582). The standards primarily affect two stroke and 
four stroke lawn and garden equipment and light commercial, 
construction, and logging equipment. States are allowed to take credit 
for this measure in their ROP Plans pursuant to EPA's policy memoranda, 
``Guidance on Projection of Nonroad Inventories to Future Years,'' 
dated February 4, 1994, and ``Future Nonroad Emission Reduction Credits 
for Court-Ordered Nonroad Standards,'' dated November 28, 1994. Based 
on this policy, Louisiana took credit in its Post-1996 ROP Plan for the 
reductions expected to result by 1999 from the Federal non-road small 
engine standards (22.9 percent from 1990 levels). The EPA is proposing 
that the 22.9 percent emissions reduction figure is adequately 
documented, follows EPA guidance, and is therefore, acceptable. Thus, 
the reductions claimed, 1.1 tons/day (5.0 tons/day projected 1999 
uncontrolled emissions  x  22.9 percent) are proposed by the EPA to be 
creditable towards the Post-1996 ROP Plan.
    d. Architectural and Industrial Maintenance (AIM) Coatings. The 
State has chosen to rely on the Federal AIM rule for emission 
reductions in the Post-1996 ROP Plan. The EPA proposed this national 
rule on June 25, 1996 (61 FR 32729). The rule is expected to be 
finalized in the August 1998 time frame. The State has followed the 
EPA's policy memoranda entitled, ``Credit for the 15 Percent Rate-of-
Progress Plans for Reductions from the Architectural and Industrial 
Maintenance Coating Rule,'' dated March 22, 1995, and ``Update on the 
Credit for the 15% Rate-of-Progress Plans for Reductions from 
Architectural and Industrial Maintenance Coatings Rule,'' dated March 
7, 1996, in estimating the amount of creditable emission reductions 
that will result from the final rule when promulgated. The guidance 
allow States to assume a 20 percent emission reduction from this source 
category. The State's projected uncontrolled AIM emissions in 1999 are 
5.4 tons/day. Applying the 20 percent reduction credit results in a 
reduction of 1.1 tons/day. The EPA is proposing that the State has 
properly estimated the emissions reductions that will result from the 
Federal AIM rule, and the reductions, therefore, are creditable towards 
the Post-1996 ROP Plan. It should be noted, however, that if the final 
rule does not provide the amount of credit indicated in the memorandum 
that States can claim in their ROP plans, Louisiana is responsible for 
developing measures to make up the shortfall.
    e. Autobody Refinishing National Rule. Autobody shop emissions come 
from the painting of damaged vehicles or the reconditioning of old 
vehicles typically done in an industrial or small business shop. The 
coatings used emit VOCs in significant amounts and the EPA is in the 
process of developing a national rule to address the VOC content in 
those coatings. The EPA intends to finalize the rule in the August 1998 
time frame. In a November 29, 1994, memorandum, ``Credit for the 15 
Percent Rate-of-Progress Plans for Reductions from the Architectural 
and Industrial Maintenance Coatings Rule and Autobody Refinishing 
Rule,'' the EPA set forth policy on the creditable reductions from the 
final autobody refinishing rule. That memorandum allowed for a 37 
percent reduction from

[[Page 44198]]

1990 base year emissions. Louisiana is claiming a 37 percent emissions 
reduction from projected 1999 uncontrolled emissions. Louisiana's 
January 2, 1997, submittal, states the inventory is 1.5 tons/day; 
however, based on the supporting documentation submitted, the EPA has 
recalculated the projected emissions to actually be 1.68 tons/day 
(based on a 1990 uncontrolled inventory of 1.4 multiplied by a 1999 
EGAS growth factor of 1.2013). The submittal takes credit for a 
reduction of only .5 tons/day (1.5  x  37%). However, the EPA has found 
this figure to be incorrectly computed. The reductions should actually 
be .62 tons/day (1.68  x  37%). The EPA is proposing that .62 tons/day 
of reductions be creditable towards the Post-1996 ROP reduction 
requirement. It should be noted, however, that if the final rule does 
not provide the amount of credit indicated in the memorandum that 
States can claim in their ROP plans, Louisiana is responsible for 
developing measures to make up the shortfall.
    f. Consumer Products National Rule. Section 183(e) of the Act 
required the EPA to conduct a study of VOC emissions from consumer and 
commercial products. The EPA was then required to list (and eventually) 
to regulate those product categories that account for 80 percent of the 
consumer products emissions in the ozone nonattainment area. Group I of 
the EPA's regulatory schedule lists 24 categories of consumer products 
to be regulated by national rule--including personal, household, and 
automotive products. The EPA intends to issue a final rule covering 
these products in the August 1998 time frame.
    In a June 22, 1995, memorandum entitled, ``Regulatory Schedule for 
Consumer and Commercial Products under Section 183(e) of the Clean Air 
Act,'' the EPA set forth policy regarding the amount of emissions 
reductions credit States could take from the Federal consumer products 
rule. The policy allows areas to take a 20 percent reduction from 1990 
baseline levels.
    The consumer products portion of the State's 1999 uncontrolled 
inventory is 4.71 tons/day. However, the January 2, 1997, submittal 
inaccurately states that the inventory is 5.1 tons/day. This figure is 
actually the uncontrolled 1990 base year inventory figure. When a 1999 
EGAS growth factor of .9227 is applied to the 1990 uncontrolled 
inventory, 5.1 tons/day, the projected 1999 inventory is 4.71 tons/day. 
Applying a 20 percent reduction from 4.71 tons/day (per the EPA's 
guidance) results in reductions of .94 tons/day that are creditable 
toward the Post-1996 ROP Plan requirement. The .06 tons/day difference 
between the amount of reductions creditable (.94 tons/day) and those 
claimed in the plan (5.1 tons/day  x  20% = 1.0 tons/day) are more than 
offset by the additional .12 tons/day reductions creditable to the 
Post-1996 ROP Plan from the autobody refinishing regulation (above). 
The EPA is proposing that .94 tons/day, versus 1.0 tons/day, be 
creditable towards the Post-1996 ROP reduction requirement. It should 
be noted, however, that if the final rule does not provide the amount 
of credit that the memorandum indicates States can claim in their ROP 
plans, Louisiana is responsible for developing measures to make up the 
shortfall.
    g. Glycol Dehydrator Controls. Controls have been installed on 
glycol dehydrators in Louisiana to comply with the State's waste gas 
regulations (LAC 33:III.2115). Section 2115 was SIP-approved as part of 
the EPA's Louisiana RACT ``Catch-up'' rulemaking (59 FR 17078, dated 
April 11, 1994). The natural gas industry had been unaware of the 
amount of VOC emissions from this source until several years ago. As a 
result, the glycol dehydrator VOC emissions from several facilities 
were not included in the original base year inventory. The emissions 
were subsequently reported by the facilities for the 1993 Periodic 
Emissions Inventory. The State has added these glycol dehydrator 
emissions (totalling 9.31 tons/day) back to the 1990 base year 
inventory. (As noted previously in the base year emissions inventory 
section, the EPA is proposing to approve these revisions to the 1990 
base year inventory.) The vent streams have been controlled by routing 
them to control devices (incinerators). The EPA is proposing that the 
control efficiency and rule effectiveness rates are acceptable. The 
State has taken 8.4 tons/day of emissions reduction credit in the Post-
1996 ROP Plan for six facilities that have installed controls on glycol 
dehydrators to comply with the State's waste gas regulations. The EPA 
is, therefore, proposing the emissions reductions from the glycol 
dehydrator controls have been properly quantified and are creditable 
towards the Post-1996 ROP Plan requirements.
    h. Vents to Flare. A flare system was installed at a carbon black 
plant, Sid Richardson, to control vent streams containing VOCs. The 
controls were installed to comply with the State's waste gas regulation 
(LAC 33:III.2115). As stated above, section 2115 has been Federally 
approved into the Louisiana SIP. The 1999 projected emissions 
(uncontrolled) were 412 tons/year. Installation of the control device 
has resulted in emissions reductions of 400 tons/year or 1.1 tons per 
day. The EPA is proposing that the control efficiency and rule 
effectiveness rates are acceptable, and the emissions reductions 
claimed, 1.1 tons/day, are creditable towards the Post-1996 ROP 
reductions requirements.
    i. Barge Cleaner (Permit Modification). Trinity, Inc., is a barge 
cleaning facility in East Baton Rouge Parish whose uncontrolled VOC 
emissions were determined to be .9 tons/day. The State issued a permit 
modification (#0840-00065-04) limiting emissions from the facility to 
no more than .1 tons/day of VOCs. The State submitted the permit 
modification as part of the January 2, 1997, Post-1996 ROP Plan 
submittal. The permit modification was issued under a SIP-approved 
nonattainment new source review permitting program and is, therefore, 
Federally enforceable. The modification has been reviewed to verify 
that the emissions limits in the permit are enforceable, the emissions 
reductions are properly quantified, and the permit contains acceptable 
recordkeeping, reporting, and monitoring requirements. The EPA is 
proposing that the amount of emissions reductions claimed, .8 tons/day, 
is creditable towards the Post-1996 ROP reductions requirement.
    j. Acetylene Plant (Agreed To Order). Borden Chemicals and 
Plastics, located in Ascension Parish, discovered that emissions from 
two sources in the acetylene plant, the quench water system and a 
barometric leg vent, were understated. The State issued a Reasonable 
Further Progress Agreed To Order to control these two sources by 
November 1, 1999. The order was included in the January 2, 1997, Post-
1996 ROP Plan submittal. Reducing emissions from the barometric 
condenser system will involve modification of the barometric condenser 
system and the addition of a non-contact cooling tower and heat 
exchanger system. The emissions reduction project from the quench water 
system involves handling quench water from the soot decanters. Water 
exiting the soot decanters is presently cooled via a contact cooling 
tower. A closed loop design is planned whereby water returning to the 
quench will be cooled by heat exchanger. The exchanger cooling water 
will be recycled through a non-contact cooling tower similar to that 
described for the barometric condenser system.
    As stated previously (in the discussion of the 1990 base year 
inventory), the understated emissions

[[Page 44199]]

have been added back to the 1990 base year point source inventory.
    The emissions reductions anticipated from controlling the quench 
water system and the barometric leg vent are 1.8 and 1.4 tons/day, 
respectively. The EPA has reviewed the Agreed To Order to verify that 
the emissions limits in the order are enforceable, and that the 
reductions have been properly quantified. In addition, the EPA verified 
that the order contains acceptable recordkeeping, reporting, and 
monitoring requirements. The EPA is proposing to approve the Agreed To 
Order as part of the Post-1996 ROP plan and the associated emissions 
reductions, 3.2 tons/day, as creditable towards the 9% ROP Plan.
    k. Summary of Reductions in the Plan. The following is a summary of 
the emissions reductions claimed in the 9% ROP Plan:

------------------------------------------------------------------------
 Louisiana 9 percent plan required reductions (excluding                
                       RVP/FMVCP):                          (Tons/day)  
------------------------------------------------------------------------
9% ROP Reduction........................................            17.2
Growth..................................................             2.8
    Total...............................................            20.0
                                                         ---------------
Reductions in Plan:                                                     
    Federal Measures:                                                   
        FMVCP Tier 1 Standards..........................             1.0
        Small Engines Rule..............................             1.1
        AIM Rule........................................             1.1
        Autobody Refinishing Rule.......................             0.6
        Consumer Products Rule..........................             0.9
    Other Sources:                                                      
        Surplus Reductions in 15% Plan..................             3.2
        Barge Cleaner (Permit Modification).............             0.8
        Acetylene Plant (Agreed Order)..................             3.2
        Glycol Dehydrator Controls......................             8.4
        Vents to Flares.................................             1.1
                                                         ---------------
            Total Reductions............................            21.4
                                                         ===============
            SURPLUS REDUCTIONS..........................             1.4
------------------------------------------------------------------------

    l. EPA Action. The EPA is proposing that the control measures' 
associated emissions reductions claimed in the January 2, 1997, Post-
1996 ROP Plan are creditable towards the 9% ROP requirements of section 
182(C)(2)(B) of the Act. The EPA is also proposing to approve the 
Borden Chemical and Plastics Reasonable Further Progress Agreed To 
Order as part of the Baton Rouge Post-1996 ROP Plan.

B. Motor Vehicle Emissions Budgets

1. Introduction
    As stated previously, section 176(c) of the Act, and the Federal 
Transportation Conformity Rule require States to establish motor 
vehicle emissions budgets in any control strategy SIP that is submitted 
for attainment and maintenance of the NAAQS. Louisiana submitted, in 
the January 2, 1997, Post-1996 ROP Plan, 1999 projected motor vehicle 
emissions budgets for VOC and NOX for the 5-parish Baton 
Rouge ozone nonattainment area.
    In developing the projections, the State followed the requirements 
of section 51.452(b)(1) of the then-effective Federal Transportation 
Conformity Rule, which stipulate refined modeling requirements to be 
used for the areas classified as serious and above for ozone 
nonattainment for conformity determinations made after January 1, 1995. 
These enhanced transportation modeling requirements are aimed at 
improving the accuracy with which mobile source emissions are 
estimated. The modeling requirements are discussed in detail in the 
document, ``1999 Mobile Source Emissions Budget for East Baton Rouge 
Parish Utilizing Post-Processor for Air Quality,'' prepared by the 
Capital Region Planning Commission, dated October 1996. (The document 
is available from the EPA Region 6 Office listed above.)
2. EPA Action
    For the 5-parish serious ozone nonattainment area, the State 
established VOC/NOX mobile vehicle emissions budgets as 
follows:

          Baton Rouge, LA 1999 Motor Vehicle Emissions Budgets          
------------------------------------------------------------------------
                                                                Budget  
                         Pollutant                            (tons/day)
------------------------------------------------------------------------
VOC........................................................        33.93
NOX........................................................        58.03
------------------------------------------------------------------------

    These totals are the official mobile emissions budgets to be used 
for transportation conformity determinations. The EPA is proposing to 
approve the MVEBs in the table above.

C. Contingency Measures

1. Introduction
    Under section 172(c)(9) of the Act, ozone nonattainment areas 
classified as moderate or above must submit contingency measures to be 
implemented if reasonable further progress (RFP) is not achieved or if 
the standard is not attained by the applicable attainment date. The 
``General Preamble for the Implementation of Title I of the Clean Air 
Act Amendments of 1990'' (57 FR 13498, April 16, 1992) states that the 
contingency measures should, at a minimum, ensure that an appropriate 
level of emissions reduction progress continues to be made if 
attainment or RFP is not achieved in a timely manner and additional 
planning by the State is needed.
    In the General Preamble, the EPA interpreted the Act to require 
States with moderate and above ozone nonattainment areas to include 
sufficient contingency measures in their November 1993 submittals so 
that, upon implementation of such measures, additional emissions 
reductions of up to 3 percent of the emissions in the adjusted base 
year inventory (or a lesser percentage that will cure the identified 
failure) would be achieved in the year following the year in which the 
failure has been identified. States must show that their contingency 
measures can be

[[Page 44200]]

implemented with minimal further action on their part and with no 
additional rulemaking actions such as public hearings or legislative 
review.
    Additional contingency provisions are included in section 182(c)(9) 
for serious ozone nonattainment areas. These latter provisions are 
similar to the section 172(c)(9) requirements except that the focus in 
section 182 (``Ozone Areas'') is on meeting emissions reductions 
milestones (section 182(g)).
    a. Point Source Emissions Banking. Louisiana identified, in both 
its 15% and Post-1996 ROP Plans submittals, the State's point source 
banking regulations (LAC 33:III sections 601, 613, 617, 619, and 621) 
as the 3 percent contingency measure. The banking regulations are 
intended to meet the contingency measure requirements of both section 
172(c)(9) and section 182(c)(9) of the Act. The adopted point source 
banking regulations were initially submitted to the EPA for approval in 
the December 15, 1995, 15% ROP Plan submittal. The EPA deferred taking 
action on the regulations in the context of the 15% ROP Plan approval 
until its rulemaking action on the Post-1996 ROP Plan/Attainment 
Demonstration SIP. (The rationale for ``carving out'' the contingency 
measures is explained in more detail in the the TSD to this proposed 
rulemaking as well as the TSD to the 15% ROP Plan rulemaking.)
    These banking regulations enable point sources of VOC and 
NOX emissions in Federally designated ozone nonattainment 
areas to identify and preserve emissions reductions for offsetting or 
netting purposes. Emission reduction credits which are established in 
the bank are also available to the State for confiscation if needed to 
meet a reasonable further progress milestone. The banking regulations 
prohibit sources from withdrawing reduction credits below the minimum 
balance needed to meet the 3 percent contingency requirement. Sources 
were allowed six months from the date the regulation was promulgated to 
apply for banking their surplus emissions reduction credits which had 
occurred prior to enactment of the regulations. If an application for 
the credits was not received within the six-month period, the credits 
were subject to confiscation by the State. The banking regulations 
require that all emission reductions must be surplus and Federally 
enforceable for approval by the State as emission reduction credits in 
the bank.2
---------------------------------------------------------------------------

    \2\ Although the regulations are clear that, at the time of 
deposit, emission reductions credits must be surplus, the rules do 
not expressly state that they must be surplus at the time they are 
used. However, the rules do state that sources must comply with new 
source review requirements and preconstruction permit regulations in 
accordance with 40 CFR 51.18, 51.24, 51.307, 52.21, 52.24, 52.27, 
and 52.28. (Please see the EPA's restructuring of 40 CFR part 51 at 
51 FR 40660 to 40661 (November 7, 1986).)
    40 CFR 51.165(a)(3)(i) (formerly 40 CFR 51.18(j)), in 
particular, specifically requires that the baseline be tied to 
allowable (or actual in some cases) emissions at the time a permit 
application is filed. Hence, the EPA believes the requirement that 
the emission reductions be surplus when actually used is adequately 
addressed by the regulations.
---------------------------------------------------------------------------

    In the December 22, 1995, Post-1996 ROP Plan submittal, the State 
provided a table of the emissions reductions that had been banked by 
industry to date pursuant to the regulations. The State's contingency 
measure requirement is 5.7 tons/day (3 percent times the adjusted base 
year inventory of 191.2 tons/day). The VOC reductions ``on deposit,'' 
13.0 tons/day, are well in excess of the 3 percent requirement. The 
table also identified the amount of NOX credits ``on 
deposit'' in the bank (5.65 tons/day) as of the date of the submittal.
    Sections 172(c)(9) and 182(c)(9) specify that the contingency 
measures shall ``take effect without further action by the State or the 
Administrator.'' In the ``General Preamble for the Implementation of 
Title I of the Clean Air Act Amendments of 1990,'' the EPA interpreted 
this requirement to be that no further rulemaking activities by the 
State or the EPA would be needed to implement the contingency measures. 
The EPA recognized that certain actions, such as notification of 
sources, modification of permits, etc., would probably be needed before 
a measure could be implemented effectively. States would need to show 
that their contingency measures could be implemented with minimal 
further action on their part and with no additional rulemaking actions 
such as public hearings or legislative review. In general, the EPA 
expected all actions needed to effect full implementation of the 
measures to occur within 60 days after the EPA notified the State of 
its failure.
    The EPA is proposing that the State has met these contingency 
measures requirements by having adopted and submitted the point source 
banking regulations and demonstrating the bank has sufficient VOC 
credits ``on deposit'' and available for confiscation in the event of a 
missed milestone/failure to attain. To ensure that sufficient credits 
remain in the bank to cover the contingency requirement, the 
regulations stipulate that emission reduction credits may not be drawn 
down below the amount claimed by the State in its three percent 
contingency measure. The State has discretion in determining which 
credits should actually be confiscated (i.e., pro-rata, last-in/first-
out, etc.).
    As a result of the confiscation, the credits would no longer be 
available to facilities for either offsetting new source growth or 
netting out of nonattainment new source review. As such, the banking 
regulations stipulate that the State shall provide written notice to 
the affected facility(ies) of its intention to confiscate credits to 
meet the contingency measures. A 30-day comment period is then allowed 
for the affected facility(ies) to respond to the confiscation or submit 
an alternative emissions reduction proposal. The EPA is proposing to 
find that the banking rules provide for expeditious implementation of 
the contingency measures consistent with the time frames identified in 
the General Preamble.
    Louisiana also submitted to the EPA, in the January 2, 1997, Post-
1996 ROP Plan submittal, a correction to a typographical error in 
section 615, ``Schedule for Submitting Applications.'' The EPA is, 
therefore, proposing to act upon both the correction and the base rule 
in this rulemaking.
    b. EPA Action. The EPA is proposing to approve only the already-
banked point source VOC emissions reductions credits of 5.7 tons/day 
towards meeting the 3 percent contingency measure requirement. 
Although, the EPA's ``NOX Substitution Guidance'' permits 
serious and above ozone nonattainment areas to use both NOX 
and VOC reductions, rather than VOC reductions alone, to meet RFP 
requirements after 1996, the policy requires that the cumulative VOC/
NOX RFP reductions be consistent with the emissions 
reductions in the modeled attainment demonstration or comparable 
modeling analysis. Consistent with the NOX substitution 
policy, the EPA issued guidance allowing States to substitute up to 2.7 
percent NOX reductions for the 3 percent contingency measure 
(which would be implemented after 1996) in their 15% ROP Plans.
    On January 16, 1996, however, the EPA approved a section 182(f) 
NOX exemption for the Baton Rouge ozone nonattainment area 
(see 61 FR 2438, dated January 26, 1996). The exemption was based on an 
urban airshed modeling analysis that showed additional NOX 
reductions would not contribute toward attainment. Like the section 
182(f) modeling analysis, the Attainment Demonstration submittal of 
December 22, 1995, also did not model any additional NOX 
reductions beyond

[[Page 44201]]

some early (1990-1994) voluntary NOX reductions. Therefore, 
the EPA believes that allowing banked NOX reductions to be 
used toward the 3 percent contingency measure would be inconsistent 
with the NOX waiver already approved for the area, as well 
as the Attainment Demonstration SIP.
    The EPA has determined that the point source banking regulations, 
which generated the 5.7 tons/day of banked VOC reductions, are 
generally consistent with the Act, EPA policy/guidance and Federal 
regulations. The EPA bases its decision on the following: (1) The rules 
mandate that major sources bank their surplus emission reductions 
credits (2) the State is vested with the authority to confiscate the 
necessary reductions to cover the 3 percent contingency measure (if 
triggered following a failure to meet an RFP milestone and/or attain 
the NAAQS); (3) the regulations prohibit drawing down credits below the 
3 percent requirement; and (4) the State has demonstrated that it has 
sufficient credits currently ``on account'' to cover the contingency 
measure requirement of 5.7 tons/day of VOCs. Thus, EPA is proposing to 
approve 5.7 tons/day of the banked point source VOC reductions (which 
total 13.0 tons/day), towards meeting the 3 percent contingency measure 
requirement required pursuant to sections 172(c)(9) and 182(c)(9) of 
the Act.
    In addition, the EPA is proposing to approve the point source VOC/
NOX emissions reductions banking regulations as meeting the 
requirements for SIP approval under part D and section 110 of the Act.
    A detailed analysis of the banking regulation is provided in the 
TSD to this proposed rulemaking.
    It should be noted that the scope of this proposed rulemaking is to 
approve the banked VOC emissions reductions as creditable towards the 
contingency measures pursuant to sections 172(c)(9) and 182(c)(9) of 
the Act, and to approve all of the point source banking regulations as 
an acceptable SIP revision pursuant to part D and section 110 of the 
Act. The EPA is not approving the banking regulations as an economic 
incentive program (EIP) pursuant to the EPA's Economic Incentives 
Program Rules (59 FR 16690) and section 182(g) of the Act.
    Under section 182(g)(3), if a State fails to submit a milestone 
compliance demonstration for any serious or severe area as required by 
section 182(g)(2), the State must choose from three options: to bump-up 
to the next higher classification, to implement additional measures 
(beyond those in the contingency plan which will already be triggered 
and implemented) to achieve the next milestone, or to adopt an economic 
incentive program (as described in section 182(g)(4)). Under section 
182(g)(5), if a State fails to submit a compliance demonstration for 
any extreme area as required by section 182(g)(2), or if the area has 
not met an applicable milestone as required by section 182(g)(1), the 
State must submit a plan revision to implement an economic incentive 
program (as described in section 182(g)(4)) within 9 months of such 
failure.
    An EIP is not required for the Baton Rouge serious ozone 
nonattainment area. The EPA encourages the adoption of 
``discretionary'' EIPs by States, as allowed for in the Act (section 
110(a)(2)(A)), as a means of stimulating the adoption of incentive-
based, innovative programs, where appropriate, that will assist States 
in meeting air quality management goals. However, since the State has 
not expressly submitted the point source banking regulations as a 
section 182(g) SIP revision, the EPA believes it beyond the scope of 
this rulemaking to act upon the banking regulations as an EIP.

D. Additional Rule Submitted

    The State elected to include regulation LAC 33:III.611, ``Mobile 
Sources Emissions Reductions,'' in the January 2, 1997, submittal for 
the EPA's approval as part of the overall emissions banking program. 
However, the State is not taking any reduction credit in the 
contingency plan from this voluntary mobile source emissions reduction 
program. In fact, no vehicles have actually been scrapped to date under 
the program and, hence, no mobile emission reduction credits have been 
banked statewide as part of the vehicle scrappage program.
    Since the State's submission of section 611, certain national 
policy issues have arisen surrounding the use of mobile source-
generated emissions reductions credits for use by point sources. 
Pending resolution of these issues, the EPA is deferring action on the 
regulation at this time. Deferring action on this rule will have no 
effect on either the Post-1996 ROP Plan or the Attainment Demonstration 
since the State is not relying on reductions from the vehicle scrappage 
program to meet the reductions target or demonstrate attainment. A more 
in-depth discussion of the EPA's rationale for deferring action on the 
rule is provided in the TSD to this proposed rulemaking.

E. Attainment Demonstration

1. Introduction
    According to section 182(c)(2)(A) of the Act, serious and above 
ozone nonattainment areas must submit a revision to the SIP that 
includes a demonstration that the plan, as revised, will provide for 
attainment of the NAAQS for ozone by November 15, 1999. In addition to 
the 15% and 9% (net of growth) ROP reductions requirements, if the 
mandatory emission reductions are not sufficient to demonstrate 
attainment of the ozone NAAQS by November 15, 1999, emissions (VOCs 
and/or NOX) must be further reduced until attainment is 
demonstrated through photochemical grid modeling.
    For ozone nonattainment areas classified as serious or above, 
section 182(c)(2)(A) of the Act requires an attainment demonstration 
based on photochemical grid modeling, for which the Urban Airshed Model 
(UAM) is the EPA-approved model. See appendix W of 40 CFR part 51.
    The modeling portion of the SIP submittal was reviewed in terms of 
technical accuracy and for consistency with EPA modeling guidelines. 
The following guidance documents establish the acceptable techniques 
for application of UAM demonstrating attainment of the ozone NAAQS:
    EPA's Guideline on Air Quality Models (Revised) (July 1986);
    EPA's Guideline for Regulatory Application of the UAM (July 1991); 
and
    EPA's final Guidance on use of Modeled Results to Demonstrate 
Attainment of the Ozone NAAQS (June 1996).
    Thus, the review covered the appropriateness of data sources, 
appropriateness of technical judgements and procedures followed in 
input preparation, performance of quality assurance and diagnostic 
procedures, adequacy of model base case performance, consistency of 
control measure simulation inputs with the submitted control measures, 
adequacy of the demonstration of attainment of the NAAQS, and 
consistency and completeness of documentation.
    The UAM model uses an inventory of pollutant emissions, together 
with air quality and meteorological data, as input to a system of 
algorithms incorporating chemistry and dispersion, in order to simulate 
an observed pollution episode. Once a ``base case'' is developed that 
meets the minimum performance criteria, projected future emissions are 
used as input to simulate air quality in the attainment deadline year. 
Various combinations of

[[Page 44202]]

geographically uniform emission reductions are simulated to determine 
approximate attainment reduction targets. Planners design a control 
strategy to meet these targets, and then simulate it with UAM, 
including the spatially and temporally varying effects of the selected 
controls. Attainment is demonstrated when the modeled air quality with 
emission controls in effect is below the NAAQS throughout the 
geographical modeling domain.
2. Uncertainty and Model Performance
    A modeling attainment demonstration is subject to several 
uncertainties. The meteorological and air quality inputs have their own 
associated uncertainties, both in measurement and in 
representativeness. In addition, not all variables can be measured for 
all hours, so default and interpolated values must be used. Processes 
such as chemical reaction and advection necessarily appear in the model 
in simplified form. The selected episodes may not represent all 
conditions conducive to high pollutant levels. Finally, base case and 
projected emissions are uncertain. Biogenic emission methodologies are 
also in a state of flux. In spite of these sources of uncertainty, 
photochemical grid modeling is the best tool that is available for 
determining the emission reductions that are needed for NAAQS 
attainment. The Guideline procedures are meant to ensure that inputs 
are set in a scientifically sound manner, and to uncover compensating 
errors that can be present even when the model predicts ozone well.
    In recognition of these uncertainties, the EPA's Guidance on Use of 
Modeled Results to Demonstrate Attainment of the Ozone NAAQS was 
developed to better reflect experience gained in model applications 
since 1991. The guidance was intended to assist States' efforts to 
develop their ``Phase II'' SIP revisions demonstrating attainment of 
the ozone NAAQS pursuant to the March 2, 1995, EPA memorandum from 
Assistant Administrator Mary Nichols entitled, ``Ozone Attainment 
Demonstrations.'' The guidance allows States to use a ``weight-of-
evidence'' determination if the modeled attainment test is not fully 
passed, showing that attainment of the NAAQS is still likely. (An 
explanation of the attainment tests is provided below.)
    As explained in the Guideline, episodes are chosen for modeling 
based on their high ozone levels, data availability, and other 
criteria. Generally, episodes should be chosen that are approximately 
as severe as the area's design value, which is based on the historical 
ozone highs. During a particular episode, the observed ozone peak may 
be higher or lower than the design value; but as long as it is 
relatively close, that episode can be accepted for use in an attainment 
demonstration. (See also the discussion of the attainment test below.)
    Once an episode is chosen, modelers attempt to simulate it with 
UAM. Various performance statistics and diagnostic tests are available 
to gauge their success. (A discussion of the statistical and diagnostic 
tests employed in the evaluation of the Baton Rouge modeling 
demonstration is provided below.) The most commonly stated one is the 
peak accuracy, since it is the ozone peak that is ultimately to be 
reduced to the NAAQS level. However, it uses only one place and time 
out of all those simulated. In judging model performance to be 
acceptable, predictions at many places and times are examined. Also the 
overall pattern of ozone and other chemical species are evaluated, in 
light of the changing emissions and meteorology occuring during the 
episode. Sometimes a lengthy process of diagnostic testing and 
refinement of inputs is required. Thus, the finally accepted base case 
may show some bias (e.g., simulated ozone peak not matching the 
observed), and yet be fully adequate as a simulation of the episode, 
and for use in an attainment demonstration. The EPA is proposing to 
find that the Baton Rouge episodes had acceptable performance and met 
EPA's Guideline criteria.
3. Episodes Modeled
    The Guideline calls for a minimum of 3 primary episode days to be 
modeled. The EPA may allow areas to use just two if they are based on a 
field study, since this provides substantially more complete data, and, 
hence, more confidence in model development procedures and results. The 
tradeoff of higher quality modeling for fewer episodes is deemed by EPA 
to be a reasonable one. In the case of the Baton Rouge demonstration, 
however, the State modeled all three primary episode days.
    The following three episodes were selected for use in the December 
22, 1995, Baton Rouge Attainment Demonstration SIP submittal: August 
15-16, 1989; May 24-25, 1990; and August 18-19, 1993.
4. Attainment Tests
    The Guidance on use of Modeled Results to Demonstrate Attainment of 
the Ozone NAAQS (June 1996) identifies two approaches that the State 
can use for demonstrating attainment of the ozone NAAQS. One of the 
acceptable approaches is called the ``Deterministic Approach,'' which 
consists of a deterministic test and an optional weight-of-evidence 
determination. The deterministic test is passed if predicted maximum 
ozone concentrations are less than or equal to 124 parts per billion 
(ppb) in all surface grid cells on all modeled primary episode days. If 
the test is not passed, a weight-of-evidence determination may be used 
to show that attainment of the NAAQS is still likely.
    Meanwhile, the second acceptable approach is called the 
``Statistical Approach.'' This approach consists of two parts: a 
``Statistical Test,'' and a weight-of-evidence determination. The 
``Statistical Test'' includes three benchmarks. The first of these 
limits the number of allowed exceedances. The second restricts the 
magnitude of an allowed exceedance. The third benchmark requires a 
minimum level of improvement in air quality to be exceeded. If one or 
more of the benchmarks is failed, a weight-of-evidence determination 
may also be performed using corroborative information. If the 
corroborative information is consistent with the likelihood that a 
proposed strategy will lead to attainment of the ozone NAAQS by 
statutory dates, attainment has been demonstrated.
    As discussed below, the State has met these requirements by 
demonstrating attainment of the ozone NAAQS through UAM modeling 
consistent with the EPA's guidance using the ``Statistical Approach.''
5. Photochemical Grid Model Used
    The State used UAM version IV, an EPA-approved photochemical grid 
model, to develop the attainment demonstration for the Baton Rouge 
area. The State's modeling activities were performed as outlined in the 
UAM modeling protocols and according to the EPA's ``Guideline for 
Regulatory Application of the Urban Airshed Model.'' (A specific 
modeling protocol was developed by the State for its modeling 
activities. The State's modeling protocol was reviewed and approved by 
the EPA.)
    The Baton Rouge modeling domain covers all or part of 20 parishes 
in Louisiana, including the Baton Rouge serious ozone nonattainment 
area consisting of East Baton Rouge, West Baton Rouge, Livingston, 
Iberville, and Ascension Parishes.
    a. Modeling Inputs. i. Meteorological and Air Quality Inputs. In 
performing the base case analyses, meteorological models were employed 
to simulate the weather patterns characteristic of each

[[Page 44203]]

episode. Concurrently, models of emissions of NOX, VOCs, and 
carbon monoxide (CO) were developed to characterize the spatial and 
temporal distributions of these ozone precursors.
    The meteorological data and air quality data used in this modeling 
study were obtained from a variety of sources including the Aerometric 
Information Retrieval System, the National Climatic Data Center, and 
the Louisiana Department of Environmental Quality. Land-use data were 
obtained from the U.S. Geological Survey (USGS). The meteorological 
data were collected from various surface meteorological monitoring 
sites. These were supplemented with aircraft data. The State followed 
the EPA's UAM guidance to develop domain-wide hourly wind field data, 
mixing heights, temperature, and meteorological scalars for Baton 
Rouge.
    The State used the air quality data (i.e., ambient ozone, nitric 
oxide, nitrogen dioxide and CO concentrations) measured at monitoring 
stations throughout the domains to construct initial conditions. In 
addition, EPA-recommended background concentration values were used 
where measurements were unavailable.
    ii. Base Case Emissions Inventories. The State followed the EPA's 
procedures for developing episode-specific base case emissions 
inventories. The Baton Rouge modeling exercises were conducted using 
emissions inventories compiled by survey and direct measurement by the 
State. The modeling emissions inventories are composed of point source, 
area, on-road mobile, non-road mobile, and biogenic emissions. Where 
applicable, emissions were adjusted for pertinent conditions related to 
the episode day to be modeled, thus producing day-specific emissions. 
Adjustments were related to meteorology, operating conditions at major 
point sources, and upset conditions or other unusual events that may 
have affected the emissions.
    In the Baton Rouge modeling exercises, the State developed separate 
modeling inventories for all the episodes primarily based on the 1990 
and 1993 base year emissions inventories. The State employed the EPA's 
UAM Emissions Preprocessor System (EPS), Version 2.0, to facilitate 
developing detailed emission inventories.
    For the point source modeling inventory, the State compiled and 
used the 1990 base year and 1993 periodic point source inventories for 
the entire modeling domain. These annual emissions were adjusted to 
reflect seasonal and day-of-week variations in activity levels. The 
episode-specific hourly NOX emissions rates of several major 
electric utilities in the area (i.e., Big Cajun #1, Big Cajun #2) were 
also taken into account in the modeling. This information was then 
processed through EPS 2.0.
    For area sources, the State developed the episodic inventory for 
the Baton Rouge ozone nonattainment area based on the ``top-down'' 
approach, wherein parish emissions are spatially allocated using 
surrogate parameters. The area source emissions estimates were 
developed for all parishes in the modeling domain except Avoyelles 
Parish. Area source emissions for Avoyelles Parish were extracted from 
the EPA's 1990 Interim Inventory. In addition, emissions from autobody 
refinishing were only provided for the then-six nonattainment parishes, 
so the emissions for this source category from the 1990 Interim 
Inventory were extracted and added to the area source inventory for the 
remaining parishes in the modeling domain. The State used EPS 2.0 to 
process these area source emissions.
    On-road mobile source episode-specific emissions were developed 
based on the top-down approach, also. This top-down approach employed 
the output of the EPA's mobile emissions factor model, MOBILE5a, 
coupled with the LADOTd vehicle miles traveled (VMT) estimates. The VMT 
was estimated for each parish in the domain. A seasonal adjustment was 
applied to the VMT estimates by LADOTd to reflect peak ozone seasonal 
levels before calculating the parish-level onroad motor vehicle 
emissions. The final inventories produced by EPS 2.0 for each episode 
day accurately reflect episodic daily diurnal temperature variations.
    For the non-road mobile source emissions estimates (for the then-
six nonattainment parishes), the State used 1990 county level estimates 
of emissions assembled by Energy and Environmental Analysis, Inc., for 
the EPA's Office of Mobile Sources (1992). For the remaining parishes 
in the modeling domain, the State used emissions data from the EPA's 
1990 Interim Inventory to develop the non-road mobile modeling 
inventory.
    The State developed biogenic emissions estimates for the Baton 
Rouge modeling domain based on information provided by the Georgia 
Institute of Technology (GIT). The biogenic emissions data provided by 
GIT represented biogenic emission rates for one hour, calculated at 30 
degrees Celsius and full solar intensity, for each grid cell. In 
addition, biogenic emission estimates provided by GIT were adjusted for 
specific episodes based on hourly variations in temperature and solar 
intensity.
    iii. Projection Inventories. The State used the EPS 2.0 utility 
program (i.e., Bureau of Economic Analysis Factors (BEAFAC)) to 
generate state-level projection factors from to 1999 for area, non-road 
mobile, and point sources. The factors produced by BEAFAC are based on 
the Bureau of Economic Analysis' ``Regional Projections to 2040,'' 
which contains the state data related to population, personal income, 
employment and earnings for 57 industrial groupings. For this 
application, the BEAFAC cross-reference glossary was modified to use 
the employment projections rather than earnings, since the State 
considered the employment factors as more representative of anticipated 
growth in the Baton Rouge area. Meanwhile, the 1999 mobile source 
emission inventories for the Baton Rouge modeling domain were based on 
MOBILE5a emission factors and LADOTd's VMT projections. (LADOTd's VMT 
projection was the 1999 VMT estimates by parish and functional 
classification for only the Baton Rouge then-six parish ozone 
nonattainment area.) Future year VMT estimates for other parishes were 
not available and, therefore, were kept at the 1990 level. (The EPA 
believes this is acceptable because the parishes, which are outside of 
the Baton Rouge nonattainment area, are, for the most part, rural in 
nature and have not experienced significant population growth since 
1990.)
    The future year (1999) baseline emissions inventories are 
summarized in Appendix E to the ``Final Technical Support Document: 
Application of the Urban Airshed Model to the Baton Rouge, Louisiana 
Ozone Nonattainment Area (December 1995),'' which was included in the 
December 22, 1995, attainment demonstration submittal. The 1999 
baseline emission estimates account for the effects of growth and 
mobile-source emission reductions due to fleet turnover. The federally 
mandated 15 percent reduction in VOC emissions between 1990 and 1996, 
and additional 9 percent (1996-1999) reduction required for serious 
ozone nonattainment areas are accounted for in the 1999 baseline 
modeling inventories as well. The controls affect point, area, onroad 
and nonroad mobile sources. The industrial-source NOX 
reductions between 1990 and 1994 resulting from several facilities' 
participation in a voluntary early NOX reduction program 
were also incorporated into the modeling

[[Page 44204]]

inventory. Other control programs in effect, such as the existing 
vehicle anti-tampering inspections required for attainment areas as 
well as for nonattainment parishes were taken into account in the 
projected modeling inventory.
    iv. Future Boundary Conditions. Improvements in air quality in the 
Baton Rouge area are anticipated by 1999, and these are reflected in 
the boundary condition estimates. For determining future-year boundary 
conditions for the three episodes, the State took into account the 
emission reductions that would take place between the base and future 
years.
    b. Base Case Model Performance. In the Baton Rouge model 
performance evaluation, both graphical and statistical performance 
measures were implemented for all meteorological episodes and 
monitoring networks. The graphical measures include time series plots 
of the observed and simulated pollutant concentrations, and contour 
plots showing isopleths of simulated pollutant concentrations, and, 
where available, observed surface-layer concentrations. The statistical 
performance measures consisted of the mathematical calculation of a 
number of statistical measures of bias including the unpaired highest-
prediction accuracy, the normalized bias test, and the gross error of 
all pairs greater than 60 ppb. A sensitivity analysis was also 
conducted to assess the stability of the models across a range of 
possible input parameters. In the Baton Rouge base case simulations, 
the model performance for the August 15-16, 1989, and August 18-19, 
1993, episodes was good. The model performance for the May 24-25, 1990, 
episode was very good. The TSD to this proposed rulemaking provides a 
detailed analysis of the base case model performance.
6. Attainment Demonstration
    The EPA's Guideline for the Regulatory Application of the Urban 
Airshed Model stipulates that, for the primary episode days modeled, 
there should be no predicted daily maximum ozone concentrations greater 
than 0.124 ppm anywhere in the modeling domain for each primary episode 
day modeled. However, as stated previously, The EPA has revised the 
model test for demonstrating attainment of ozone NAAQS. The revisions 
purposely make the modeled attainment test more closely reflect the 
form of the NAAQS. The revised tests are laid out in the EPA's guidance 
document entitled, Guidance on Use of Modeled Results to Demonstrate 
Attainment of the Ozone NAAQS (June 1996). In the guidance, the EPA 
recommends either a Statistical Approach or Deterministic Approach 
should be used for the attainment demonstration of the ozone NAAQS.
    Briefly, the Statistical Approach consists of a test and an 
optional weight-of-evidence determination. The statistical test 
includes the application of three benchmark tests which examine: (1) 
the number of simulated exceedances within defined subregions of the 
modeling domain, (2) the magnitude of the simulated exceedances 
compared to calculated limits, and (3) the simulated reduction in areal 
ozone coverage relative to the base case simulation. A weight-of-
evidence determination entails use of supplementary analyses to 
determine whether attainment is likely, despite the model results which 
do not pass the statistical test.
    Meanwhile, the Deterministic Approach consists of a deterministic 
test plus an optional weight-of-evidence determination. The 
deterministic test is passed if daily maximum concentrations predicted 
in every surface grid cell are less than or equal to 124 ppb for all 
primary episode days. Again, a weight-of-evidence determination may be 
undertaken to demonstrate attainment despite results which do not pass 
the deterministic test.
    To be consistent with the EPA guidance, the State used the three 
episodes, all having good to very good model performance, for 
demonstrating attainment of the ozone NAAQS. These episodes were 
modeled using the projected 1999 emission inventory, which includes the 
emission controls to be implemented through 1999. As a result, for the 
August 15-16, 1989 episode, the maximum simulated (peak) concentration 
is reduced from 15.9 to 12.2 parts per hundred million (pphm) on the 
first day of the episode and from 16.0 to 12.7 pphm on the second day. 
For the May 24-25, 1990, episode, the maximum simulated ozone 
concentration is reduced from 13.8 to 12.6 pphm on the first day of the 
episode and from 16.4 to 13.8 pphm on the second day. For the August 
18-19, 1993 episode, the maximum predicted concentration is reduced 
from 15.9 to 15.0 pphm on the first day of the episode and from 14.8 to 
14.2 pphm on the second day. (These results are provided in the TSD to 
this rulemaking at Figures 7.1a, 7.1b, 7.3a, 7.3b, 7.5a, 7.5b, and 
Tables 7-4 through 7-6).
    These future year simulation results were then reviewed in 
accordance with the updated EPA guidance on the use of modeled results 
to demonstrate attainment of the ozone standard. The State elected to 
use the Statistical Approach along with weight-of-evidence 
determination to demonstrate attainment of the ozone NAAQS.
    As stated previously, Benchmark Test #1 examines the number of 
simulated exceedances within defined subregions of the modeling domain. 
For the test, the State used the Classification and Regression Tree 
analysis software to classify the three episodes based on the 
meteorological and air quality conditions. For Baton Rouge, the test 
limits the number of projected exceedance days per subregion in the 
modeling domain to 2. The maximum number of days for which an 
exceedence occurs within any subregion is 2. Hence, Benchmark Test #1 
is passed. (A more detailed explanation of this statistical test is 
provided in the TSD to this proposed rulemaking.)
    Benchmark Test #2 requires that the predicted daily maxima 
corresponding with each allowed modeled exceedance may not be greater 
than concentration derived from a distribution of observed daily maxima 
at sites currently just attaining the ozone NAAQS. This was defined as 
the site having 1 to 3 exceedances within this time frame, and the 
fourth highest maximum ozone concentration was less than 12.4 pphm but 
greater than or equal to 11.5 pphm. The State used the data collected 
at Louisiana monitoring sites for the period 1984-1994 to determine a 
distribution of maximum ozone concentrations for monitoring sites just 
satisfying the ozone NAAQS. Thus, the State calculated the resultant 
maximum allowed concentration for each meteorological episode by 
determining the concentration obtained from the distribution which 
would correspond to a day with the same likelihood of being exceeded as 
the day in question. As a result, the exceedance limits for the August 
16, 1989, May 25, 1990, and August 19, 1993, primary episode days are 
12.4 pphm, 13.7 pphm and 12.4 pphm, respectively. Meanwhile, the 
simulated maximum ozone concentrations for the August 16, 1989, May 25, 
1990, and August 19, 1993, primary episode days are 12.7 pphm, 13.8 
pphm, and 14.2 pphm, respectively. Thus, the August 16, 1989, and May 
25, 1990, primary episode days came very close to meeting the 
benchmark, while the August 19, 1993, episode did not.
    Benchmark Test #3 requires that, for a composite of all primary 
episode days, areal ozone coverage for a cutoff concentration of 12.4 
pphm is reduced by at least 80 percent compared to that for the base 
case simulation. This test is only required if ozone concentrations are 
underestimated in the base case

[[Page 44205]]

simulation. In the base case simulations for Baton Rouge, the 
fractional bias, a measure of over/underestimation, for the simulation 
of the August 16, 1989, and August 19, 1993, episodes are within plus 
or minus 5 percent, and the May 25, 1990, episode value is 7.3 percent 
(the positive value indicates overestimation). Therefore, Benchmark 
Test #3 did not apply because the model over predicted for the 
composite of the three episodes.
7. Modeling Evaluation Summary
    The EPA believes that the State's attainment demonstration for the 
Baton Rouge ozone nonattainment area fulfills the requirements of 
section 182(c)(2)(A) of the Act. The State has adequately followed the 
EPA's guidance on the application of the UAM for demonstrating 
attainment of the ozone NAAQS. Following the Statistical Approach, it 
was demonstrated that two of the three episodes met or nearly met all 
the specified benchmark criteria. However, supplementary information 
(i.e., mid-course review, severity of selected episodes, uncertainty in 
the boundary condition estimates, etc.) provided by the State for 
consideration in the weight-of-evidence has supported the State's 
attainment demonstration.
    In addition, the ``Guidance on the Use of Modeled Results to 
Demonstrate Attainment of the Ozone NAAQS,'' allows the use of 
normalized trend data, results from observational models and or other 
models and consideration of incremental cost/benefit estimates, etc., 
in a weight-of-evidence determination. In determining whether the 
State's statistical approach and weight-of-evidence determination was 
adequate, EPA considered trend data, in particular, which reflect 
significant reductions in monitored ozone values, precurser emissions, 
etc. since 1990.
    For example, air quality in the Baton Rouge ozone nonattainment 
area has shown a steady improvement toward attaining the ozone NAAQS. 
The ozone design value has dropped significantly from the 1990 design 
level of 168 ppb. The current design value (based on 1995-1997 air 
quality data) is 139 ppb. (A historical account of the design values 
since 1990 is provided in the TSD to this proposed rulemaking.)
    This position is further strengthened by the results of a recent 
analysis of precursor emissions in the area conducted by EPA Region 
6.3 A review of the total non-methane organic compound trend 
data (1985-1996) in Baton Rouge shows a 61 percent decrease at the 
Capitol Site of the summer mean concentrations--from 795 parts per 
billion carbon (ppbC) in 1985 to 307 ppbC in 1996.
---------------------------------------------------------------------------

    \3\ U.S. Environmental Protection Agency Region 6, Initial 
Analysis of 1996 Photochemical Assessment Monitoring Stations (PAMS) 
Data from Baton Rouge, El Paso, Dallas, and Houston, December 3, 
1997.
---------------------------------------------------------------------------

    Furthermore, the number of exceedence days has also been on a 
generally downward trend. A historical account of the exceedences days 
is provided in the TSD to this proposed rulemaking.
    In summary, based on the results of the Statistical Approach, along 
with the weight-of-evidence determination, EPA is proposing that the 
modeled control strategy will provide for attainment of the ozone NAAQS 
by the statutory attainment date.
8. Control Strategy Evaluation
    Tables 7-1 through 7-3 of the December 22, 1995, submittal compare 
the 1999 projected VOC and NOX inventories with the base 
case inventories for the modeling domain. For the August 16, 1989, 
primary episode day, the total anthropogenic VOC emissions for 1999 are 
29.7 percent lower than the 1989 emissions estimates and the total 1999 
anthropogenic NOX emissions are 9.0 percent lower than the 
1989 emissions. For the May 25, 1990 primary episode day, the total 
anthropogenic VOC emissions for 1999 are 28.2 percent lower than the 
1990 emissions estimates and the total 1999 anthropogenic 
NOX emissions are 8.3 percent lower than the 1990 emissions. 
For the August 1993 primary episode day, these percentages are 14.9 
percent (lower) for VOC and 2.7 percent (higher) for NOX. 
(The smaller reductions for the 1993 episode reflect the following: (1) 
the projection period (1993-1999) is shorter, and (2) the actual 
baseline inventories include the VOC reductions and the voluntary early 
NOX reductions that occurred between 1990 and 1993.)
    Although the EPA believes that reducing NOX emissions 
can have positive effects on ozone levels, particularly in terms of 
lowering the background concentrations in downwind areas, the modeling 
demonstrations submitted by the State to EPA to date have not 
demonstrated conclusively that the voluntary early NOX 
emissions reductions are essential for attaining the ozone standard 
throughout the modeling domain. As such, at this time, the EPA is not 
requiring the State to establish permanent and enforceable limits for 
those sources at the levels resulting from voluntary early 
NOX reductions. The EPA bases its decision on the following:
    First, additional UAM modeling results submitted to EPA have been 
inconclusive with regards to the benefits of the early NOX 
reductions on projected ozone levels. In its November 17, 1994, section 
182(f) NOX waiver, the State included a three-episode UAM 
demonstration showing that additional NOX reductions (beyond 
the ``early'' NOX reductions achieved to date) would not 
contribute to attainment in the area. For the demonstration, the State 
modeled three emission reduction scenarios (i.e., substantial VOC 
reductions, substantial NOX reductions; and VOC and 
NOX reductions) for all three episodes using a 1999 
projected emissions inventory that included the early point source 
NOX reductions and the 15% ROP reductions. The State modeled 
the scenarios using across-the-board reductions in the projected VOC 
4 and NOX point source emission inventories. For 
all three episodes, the controlling day showed that the domain-wide 
predicted maximum ozone concentrations were lowest when only VOC 
reductions were modeled. In contrast, further NOX reductions 
increased the domain-wide maximum ozone concentrations. The modeling 
results are explained in detail in the EPA's TSD to the section 182(f) 
rulemaking. The EPA's approval of the State's section 182(f) petition 
was published on January 26, 1996 (61 FR 2438).
---------------------------------------------------------------------------

    \4\ It should be noted that, for the purposes of the section 
182(f) demonstration, the State did not model the post-1996 ROP (9%) 
emission reduction strategy since a specific control strategy had 
not been developed at the time of submitting the section 182(f) 
demonstration. However, the point source reductions scenarios that 
were modeled represent equal or greater VOC reductions than those 
required to meet the Post-1996 ROP emissions reduction target.
---------------------------------------------------------------------------

    In the section 182(f) modeling demonstration, the State plotted the 
effect of the 15% ROP, early NOX, and across-the-board VOC/
NOX reductions on predicted maximum ozone values. These 
plots were also included in the TSD to the proposed rulemaking on the 
section 182(f) petition in Figures 7, 9, and 11. Most noteworthy was 
the inconclusiveness of the effect of the early NOX 
reductions on predicted peak ozone concentrations. In the case of the 
July 28, 1989, episode, the early NOX reductions resulted in 
a slight increase in peak concentrations (from 138 ppb to 139). In the 
August 16, 1989, episode, peak concentrations remained unchanged (138 
ppb). Lastly, in the May 25, 1990, episode, peak concentrations were 
decreased slightly from the early NOX reductions (145 to 
144).
    In addition, in the case of the August 19, 1993, episode, the early 
NOX

[[Page 44206]]

reductions are included in the actual emissions (the majority of the 
reductions having occurred by 1993). From that baseline level, areawide 
point source NOX emissions are projected to 1999. In 1999, 
the projected point source NOX emissions are 2.7 percent 
greater in 1999 than in the base case (i.e., 1993). In spite of the 
growth in point source NOX emissions from 1993-1999, 
however, the peak modeled ozone concentration was reduced from 148 ppm 
in the base case to 142 ppm. (See Table 7-6 in the TSD to this proposed 
rulemaking).
    In summary, the EPA proposes that the modeling results for Baton 
Rouge adequately demonstrate that the area could attain the ozone 
standard by 1999 through the implementation of a VOC-only control 
strategy consisting of the Federally enforceable 15 percent and Post-
1996 ROP reductions (net of growth) from the 1990 base year levels, and 
without the voluntary early NOX reductions.
9. Modeling Attainment Without I/M
    As mentioned previously, the UAM analyses in the December 22, 1995, 
submittal modeled on-road mobile emissions reductions that were 
expected to result, by November 15, 1999, from a decentralized, low 
enhanced vehicle I/M program. The I/M program, which was scheduled to 
begin January 1, 1999, consisted of a biennial two-speed idle test in 
East Baton Rouge Parish, with remote sensing in all of the (then six) 
ozone nonattainment parishes. The program's authorizing legislation 
included a sunset clause requiring reauthorization of the program by 
the Legislature every two years. Ultimately, the Louisiana Legislature 
did not approve the reauthorization of the program, and the EPA was 
required to disapprove the Baton Rouge low enhanced I/M SIP.
    In light of this, the State opted to remove the I/M reductions from 
the Post-1996 ROP Plan and replace them with additional point source 
emissions reductions in the January 2, 1997, Post-1996 ROP Plan 
revision. However, in order for the State to replace the I/M reductions 
in the plan submittal with point source reductions, the EPA required 
the State, in the January 2, 1997, submittal, to provide an analysis of 
the impact that removing the reductions from I/M would have on the 
modeling results. (In the December 22, 1995, submittal, the State 
claimed 2.1 tons/day of reduction credits from implementing the low 
enhanced I/M program in the nonattainment area.)
    In the January 2, 1997, submittal, Louisiana described observed 
impacts on modeling results resulting from increases in the projected 
on-road mobile emissions inventory. First, the State noted that, in the 
case of the August 1989 and May 1990 episodes, the State initially 
modeled a domain-wide projected on-road mobile VOC emissions inventory 
of 39.5 tons/day. This represented the projected mobile inventory 
assuming a full enhanced (I/M 240) vehicle inspection/maintenance 
program that was initially proposed by the State. Subsequently, the EPA 
revised the Federal I/M regulations to allow for a low enhanced I/M 
program. Under the low enhanced I/M program, the domain-wide projected 
on-road mobile emissions were 42.2 tons/day (for the August 1989 
episode) and 42.0 tons/day (for the May 90 episode). The projected 
increase in VOCs, 2.8 tons/day for the August 89 episode and 2.6 tons/
day for the May 90 episode, had no discernable effect on the maximum 
simulated ozone or the areal ozone coverage above 124 ppb for the 
modeled attainment demonstration.
    The lack of sensitivity to changes in the onroad mobile VOC 
emissions was also demonstrated with the August 1993 modeling episode. 
Due to a mobile inventory processing error, domain-wide on-road mobile 
VOC projected emissions of 56.5 tons/day were initially modeled, which 
corresponded to a maximum simulated ozone value of 145 ppb. Correcting 
the mobile processing error produced a projected on-road mobile VOC 
inventory of 45.3 tons/day (under the low enhanced I/M program). When 
the UAM modeling simulation was rerun using the corrected inventory, 
the maximum simulated ozone was 142 ppb. The 13.6 tons/day decrease in 
mobile VOCs accounted for only a 3 ppb reduction in the maximum 
simulated ozone. This further exemplified the lack of response in 
maximum simulated ozone levels to changes in projected mobile VOC 
emissions.
    The EPA is proposing that the analysis has adequately demonstrated 
that this increase in projected (1999) mobile source VOC emissions 
(resulting from the removal of the low enhanced I/M program from the 
control strategy) would have no discernable effect on the maximum 
simulated ozone or the areal ozone coverage above 124 ppb for the 
modeled attainment demonstration.
    It should be noted that the EPA did not request that the State 
provide a commensurate analysis of the effect that substituting 
additional point source VOC emissions reductions (2.1 tons/day) for the 
I/M reductions would have on the modeled results. The EPA considered 
this type of analysis unnecessary for the following reasons:
    First, as a percentage of the domain-wide VOC point source 
emissions reductions modeled, the additional 2.1 tons/day of point 
source emissions reductions are not significant and, thus, are not 
expected to influence the modeling results. For instance, in the case 
of the August 16, 1989, episode, base case point source emissions were 
reduced by 48.3 percent in the projection (1999) year. Reducing the 
projected point source emissions by 2.1 tons/day constitutes an 
additional reduction of only 2.0 percent from the base case levels 
(from 48.3 to 50.3 percent). In the case of the May 25, 1990, episode, 
base case point source emissions were reduced by 48.7 percent in the 
projection year. Reducing the projected point source emissions by 2.1 
tons/day also constitutes an additional reduction of only 2.0 percent 
from the base case levels (from 48.7 to 50.7 percent). Lastly, in the 
case of the August 19, 1993, episode, base case point source emissions 
were reduced by 22.4 percent in the projection year. Reducing the 
projected point source emissions by 2.1 tons/day constitutes an 
additional reduction of only 3.0 percent from the base case levels 
(from 22.4 to 25.4 percent).
    Second, EPA expects that further reducing the point source VOC 
emissions would only contribute to attainment of the NAAQS. This is 
consistent with the control strategy being modeled for attainment 
(which relies on significant emissions reductions from point sources) 
and other directional modeling submitted by the State to date, namely, 
the modeling submitted in the section 182(f) NOX waiver 
request. As stated previously, in the section 182(f) UAM demonstration, 
the State modeled across-the-board point source VOC reduction scenarios 
in addition to the 15% ROP reductions (namely 25, 50, 75, and 100 
percent across-the-board reductions in point source VOC emissions). For 
all three episodes, the controlling day modeling results showed that 
domain-wide predicted maximum ozone concentrations were lowest when the 
across-the-board point source VOC reductions were modeled. A more 
detailed discussion of the across-the-board VOC reductions scenarios 
modeled is provided in the TSD to the EPA's rulemaking action approving 
the Baton Rouge section 182(f) NOX exemption.
10. EPA Action
    The EPA is proposing to approve Louisiana's Attainment 
Demonstration SIP submittals, dated December 22, 1995, and January 2, 
1997, as meeting

[[Page 44207]]

the requirements of section 182(c)(2)(A) of the Act for demonstrating 
attainment of the NAAQS for ozone by November 1999. Through 
photochemical grid modeling, the State has demonstrated to the EPA's 
satisfaction that the VOC reductions in the 15% and Post-1996 ROP Plans 
(34.8 tons/day and 21.4 5 tons/day, respectfully) are 
sufficient to demonstrate attainment of the ozone NAAQS by the 
statutory deadline and that further reductions in VOC and/or nitrogen 
oxides (NOX)) are not necessary to attain.
---------------------------------------------------------------------------

    \5\ The 21.4 tons/day in emissions reductions includes the 3.2 
tons/day surplus reductions from the 15% ROP Plan carried over to 
the Post-1996 ROP Plan.
---------------------------------------------------------------------------

III. Proposed Rulemaking Action

    The EPA has reviewed the SIP submittals for consistency with the 
Act, applicable EPA regulations and EPA policy, and is proposing to 
approve the following under sections 110(k)(3), 301(a), and Part D of 
the Act:

A. Post-1996 ROP Plan

    The Baton Rouge, Louisiana, Post-1996 Rate-of-Progress Plan as 
originally submitted December 22, 1995, and revised January 2, 1997, as 
meeting the requirements of section 182(c)(2)(B) of the Act to achieve 
a reduction in VOC emissions (net of growth) of 9 percent between 1996 
and 1999.

B. Contingency Plan

    The Baton Rouge, Louisiana, contingency plan, initially submitted 
as part of the 15% ROP Plan on December 15, 1995, and, subsequently, as 
part of the Post-1996 Rate-of-Progress Plan submitted December 22, 
1995, and revised January 2, 1997. The EPA is proposing approval of the 
contingency plan as meeting the requirements of sections 172(c)(9) and 
182(c)(9) of the Act that moderate and above ozone nonattainment areas 
include contingency measures in their ROP Plan submittals. 
Specifically, the EPA is proposing to approve the contingency-reserved 
VOC banked emissions reductions of 5.7 tons/day (achieved through the 
State's banking regulations), identified in a table in Appendix T of 
the December 22, 1995, submittal, as creditable towards the 3 percent 
contingency requirements of sections 172(c)(9) and 182(c)(9) of the 
Act. In addition, the EPA is proposing to approve the point source VOC 
and NOX emissions reductions banking regulations (LAC 33:III 
sections 601, 613, 617, 619, and 621), submitted December 15, 1995, and 
revised January 2, 1997, as meeting the requirements for SIP approval 
under part D and section 110 of the CAAA.

C. Motor Vehicle Emissions Budgets

    The 1999 Motor Vehicle Emissions Budgets for on-road mobile VOC and 
NOX emissions for the Baton Rouge 5-parish ozone 
nonattainment area submitted January 2, 1997, as meeting the 
requirements of section 176(c) of the Act and 40 CFR 51.452(b) of the 
Federal Transportation Conformity Rule.

D. Attainment Demonstration

    The Baton Rouge, Louisiana Attainment Demonstration submitted 
December 22, 1995, and revised January 2, 1997, including the modeling 
analyses, as meeting the requirements of section 182(c)(2)(A) of the 
CAAA to provide for attainment of the ozone NAAQS by the applicable 
November 15, 1999, attainment date.

E. Emission Inventory Revisions

    Revisions to the 1990 base year VOC emissions inventory submitted 
January 2, 1997 as meeting the requirements of section 182(a)(1) of the 
Act. In addition, the EPA is proposing to codify the revisions to the 
1990 base year emissions inventory submitted as part of the 15% ROP 
Plan approved October 22, 1996 (61 FR 54737).

F. Revisions to 1996 Target Level of Emissions

    The revision to the 1996 target level of VOC emissions submitted 
January 2, 1997, as meeting the requirements of part D and EPA 
guidance.
    The EPA is deferring taking any action at this time on the State's 
accelerated vehicle retirement regulation (LAC 33:III.611) entitled, 
``Mobile Sources Emission Reductions,'' which was submitted to the EPA 
on January 2, 1997. Deferred action on this regulation has no effect on 
either the Baton Rouge Post-1996 ROP Plan or on the Baton Rouge 
Attainment Demonstration since the State took no credit in these plans 
for reductions from vehicle scrappage.
    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.

IV. Administrative Requirements

A. Executive Orders (E.O.) 12866 and 13045

    The Office of Management and Budget has exempted this regulatory 
action from E.O. 12866, entitled ``Regulatory Planning and Review,'' 
review.
    The proposed rule is not subject to E.O. 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks,'' because it is not an ``economically significant'' action under 
E.O. 12866.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 600 et seq., 
generally requires an agency to conduct a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and small governmental jurisdictions. This proposed rule 
will not have a significant impact on a substantial number of small 
entities because 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 create any new requirements, I certify 
that this action will not have a significant economic impact on a 
substantial number of small entities. Moreover, due to the nature of 
the Federal-State relationship under the Act, preparation of 
flexibility analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Act forbids the EPA to base its 
actions concerning SIPs on such grounds. 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, the EPA must prepare a budgetary 
impact statement to accompany any proposed or final rule that includes 
a Federal mandate that may result in estimated costs to State, local, 
or tribal governments in the aggregate; or to the private sector, of 
$100 million or more. Under section 205, the EPA must select the most 
cost-effective and least burdensome alternative that achieves the 
objectives of the rule and is consistent with statutory requirements. 
Section 203 requires the EPA to establish a plan for informing and 
advising any small governments that may be significantly or uniquely 
impacted by the rule.
    The EPA has determined that the approval action proposed does not

[[Page 44208]]

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 
requirements. Accordingly, no additional costs to State, local or 
tribal governments, or to the private sector, result from this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 3, 1998
Gregg A. Cooke,
Regional Administrator, Region 6.
[FR Doc. 98-22062 Filed 8-17-98; 8:45 am]
BILLING CODE 6560-50-P