[Federal Register Volume 66, Number 105 (Thursday, May 31, 2001)]
[Rules and Regulations]
[Pages 29491-29493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13504]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA40-1-7338a; FRL-6988-4]


Approval and Promulgation of Implementation Plan; Louisiana; 
Nonattainment Major Stationary Source Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action approves a revision to the Louisiana State 
Implementation Plan (SIP) relating to ``Nonattainment New Source Review 
Procedures.'' This revision was submitted on July 25, 1997, by the 
Governor of Louisiana to EPA for approval. This revision removes a 
provision from the State's regulation, in Title 33 of the Louisiana 
Administrative Code (LAC), chapter 5, section 504, that treated 
nitrogen oxides (NOX) as precursors to ozone in ozone 
nonattainment areas. This makes the regulation consistent with earlier 
actions by EPA that exempted NOX as an ozone precursor in 
the Baton Rouge and Lake Charles nonattainment areas. Such exemptions 
are conditional and may be rescinded in which event section 504 would 
need to again be modified. By letter from Governor Foster to EPA dated 
March 5, 2001, the State has indicated that it is in fact considering a 
request for recission of the waiver. Despite such, however, EPA must 
first act on the State's prior request for a NOX waiver and 
any regulations that the State adopted to implement such NOX 
waiver pursuant to section 110(k) of the Act. In addition, this 
regulation also contains several administrative revisions that are non-
substantive in nature and do not alter the meaning of this rule (such 
as corrections of capitalization errors). This rulemaking action is 
being taken under sections 110, 301, and part D of the Federal Clean 
Air Act (Act).

DATES: This action is effective on July 30, 2001, unless adverse or 
critical comments are received by July 2, 2001. If EPA receives such 
comments, then it will publish a timely withdrawal in the Federal 
Register informing the public that this rule will not take effect.

ADDRESSES: Please address written comments on this action to Ms. Jole 
Luehrs, Chief, Air Permits Section, Mailcode 6PD-R, Attention: Ms. 
Wendy Jacques at the EPA Region 6 Office listed below. Copies of the 
documents relevant to this action are available for public inspection 
during normal business hours at the following locations:

Environmental Protection Agency, Region 6, Air Permits Section (6PD-R), 
1445 Ross Avenue, Dallas, Texas 75202-2733
Louisiana Department of Environmental Quality, H. B. Garlock Building, 
7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810

FOR FURTHER INFORMATION CONTACT: Ms. Wendy Jacques of the EPA Region 6 
Air Permits Section at (214) 665-7395.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' means EPA.

Table of Contents

I. What Action Are We Taking Today?
II. What is the Background of Section 504?
III. What Does Section 182(f) of the Act Require?
IV. EPA Analysis
V. Final Action
VI. Administrative Requirements

I. What Action Are We Taking Today?

    Today's action approves the removal of a provision from Title 33 
LAC, chapter 5, section 504, that treated NOX as a precursor 
to ozone in current ozone nonattainment areas. This makes the 
regulation consistent with earlier actions by EPA to exempt 
NOX as an ozone precursor. This exemption was based on 
modeling that demonstrated that additional NOX reductions 
would not contribute to attainment of the National Ambient Air Quality 
Standard (NAAQS) for ozone in the current nonattainment areas. In 
addition, we are approving several administrative revisions that are 
non-substantive in nature and do not alter the meaning of this rule.

II. What Is the Background of Section 504?

    The State of Louisiana submitted to EPA two separate rule revisions 
to Title 33 of the LAC, chapter 5, section 504. The base rule was 
initially approved by EPA on October 10, 1997 (see 62 FR 52948). The 
first revision to section 504

[[Page 29492]]

was submitted to EPA on May 9, 1997, and was approved by EPA on January 
5, 1999 (see 64 FR 415). The second revision to section 504, which this 
action will act upon, was submitted to EPA on July 25, 1997, as 1996 
General SIP revisions. The July 25, 1997, submittal was adopted by the 
State of Louisiana previous to the adoption of the May 9, 1997, 
submittal. However, since the revisions were submitted out of sequence, 
EPA first approved the May 9, 1997, submittal. Today's action approves 
the chapter 5, section 504, portion of the 1996 General SIP revisions 
which were adopted on December 20, 1995, and submitted to EPA on July 
25, 1997, by the Governor of Louisiana. The EPA will act on the 
remainder of the July 25, 1997, submittal in a separate action.
    The EPA has exempted NOX precursors to ozone based on a 
demonstration that additional NOX reductions would not 
contribute to attainment of the NAAQS for ozone in the current 
nonattainment areas. The EPA previously approved the exemption (under 
section 182(f) of the Act) of NOX requirements for the 
serious ozone nonattainment area of Baton Rouge \1\ on January 26, 1996 
(see 61 FR 2438). The EPA approved the exemption of NOX 
requirements for the marginal ozone nonattainment area of Lake Charles 
(Calcasieu Parish) on May 29, 1997 (see 62 FR 29072).\2\
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    \1\ Consisting of the following parishes in Louisiana: 
Ascension, East Baton Rouge, Iberville, Livingston, and West Baton 
Rouge (see 40 CFR 81.319).
    \2\ Further, we approved the redesignation of Calcasieu to 
attainment for ozone on April 10, 1997, and which was published on 
May 2, 1997 (see 62 FR 24036).
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III. What Does Section 182(f) of the Act Require?

    Section 182(f) of the Act sets forth the presumption that 
NOX is an ozone precursor unless the Administrator makes a 
finding of nonapplicability or grants a waiver pursuant to criteria 
contained in that subsection. Specifically, section 182(f) provides 
that requirements applicable for major stationary sources of volatile 
organic compounds shall apply to major stationary sources of 
NOX, unless otherwise determined by the Administrator, based 
upon certain determinations related to the benefits or contribution of 
NOX control to air quality, ozone attainment, or ozone air 
quality. In the revised rule, NOX has been removed based on 
a demonstration that additional NOX reductions would not 
contribute to attainment of the NAAQS for ozone in the current 
nonattainment areas.

IV. EPA Analysis

    The EPA has exempted major sources located in ozone nonattainment 
areas in Louisiana from applicable NOX control requirements 
of section 182(f) of the Act based upon NOX waivers 
previously approved by EPA. The EPA is approving revisions to section 
504 which make the State regulation consistent with those previously 
approved waivers. We note that pursuant to section 182(f) of the Act 
those previously approved waivers are conditional and may be rescinded. 
Therefore, section 504 may again need to be modified if the previously 
approved waivers are rescinded. By letter from Governor Foster to EPA 
dated March 5, 2001, the State has indicated that it is in fact 
considering a request for recission of the waiver. Despite such, 
however, EPA must first act on the State's prior request for a 
NOX waiver and any regulations that the State adopted to 
implement such NOX waiver pursuant to section 110(k) of the 
Act. For a detailed analysis of this rule, a Technical Support Document 
is included in the public docket at the addresses listed above.

V. Final Action

    The EPA is publishing this rule without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the ``Proposed Rules'' section of this Federal 
Register publication, EPA is publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on July 30, 2001 
without further notice unless EPA receives relevant adverse comments by 
July 2, 2001.
    If EPA receives relevant adverse comments, then EPA will publish a 
timely withdrawal in the Federal Register informing the public that the 
rule will not take effect. The EPA will address all public comments in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

VI. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves State law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by State law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under State law and does 
not impose any additional enforceable duty beyond that required by 
State law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a State rule implementing a Federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Act. This rule also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is 
not economically significant.
    In reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Act. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Act. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
rule, EPA has taken the necessary steps to eliminate drafting errors 
and ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct. The EPA has complied with Executive 
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings 
implications of the rule in

[[Page 29493]]

accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order. This rule does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective July 30, 2001 unless EPA receives 
adverse written comments by July 2, 2001.
    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 30, 2001. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. See section 307(b)(2) of the Act.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: May 16, 2001.
Jerry Clifford,
Acting Regional Administrator, Region 6.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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

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

Subpart T--Louisiana

    2. In Sec. 52.970 (c), the table is amended by revising the entry 
for section 504 to read as follows:


Sec. 52.970  Identification of plan.

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    (c) * * *

                             EPA Approved Louisiana Regulations in the Louisiana SIP
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                                                        State approval
         State citation              Title/subject           date          EPA approval date       Comments
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                                                        *
                                          Chapter 5--Permit Procedures
 
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                                                        *
Section 504.....................  Nonattainment New   Feb. 20, 1997, LR   5/31/01 66 FR
                                   Source Review       23:197.             29493
                                   Procedures.
 
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[FR Doc. 01-13504 Filed 5-30-01; 8:45 am]
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