[Federal Register Volume 67, Number 88 (Tuesday, May 7, 2002)]
[Proposed Rules]
[Pages 30638-30640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11297]



[[Page 30638]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-60-1-7551; FRL-7207-9]


Approval and Promulgation of Implementation Plans; Louisiana; 
Rescission of the Sections 182(f) and 182(b)(1) Exemptions to the 
Nitrogen Oxides (NOX) Control Requirements for the Baton Rouge Ozone 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In this action, we, the EPA, are proposing to rescind the 
nitrogen oxides (NOX) exemptions for the Baton Rouge ozone 
nonattainment area. On January 26, 1996 (61 FR 2438), we granted an 
exemption under section 182(f) of the Clean Air Act (CAA) from the 
reasonably available control technology (RACT) and nonattainment new 
source review (NSR) requirements for major stationary sources of 
NOX, as well as the vehicle inspection/maintenance (I/M) 
NOX requirements and general conformity NOX 
requirements. On February 27, 1996 (61 FR 7218), we also granted an 
exemption for the Baton Rouge ozone nonattainment area from the 
transportation conformity NOX requirements. We based our 
approval of the exemptions on modeling showing that NOX 
controls would not contribute to attainment of the national ambient air 
quality standard (NAAQS) for ozone. In granting the exemptions, EPA 
reserved the right to reverse the approval of the exemptions if 
subsequent modeling data demonstrated an ozone attainment benefit from 
NOX emission controls. Photochemical modeling recently 
conducted for the Baton Rouge area State Implementation Plan (SIP) 
indicates that control of NOX sources will help the area 
attain the NAAQS for ozone. The State of Louisiana has, therefore, 
requested that EPA rescind the NOX exemption based on this 
new modeling. If EPA finalizes the rescissions, the State will be 
required to implement the NOX requirements for RACT, NSR, 
vehicle I/M, and general and transportation conformity in the Baton 
Rouge area.

DATES: Comments must be received on or before June 6, 2002.

ADDRESSES: All comments should be addressed to Mr. Thomas H. Diggs, 
Chief, Air Planning Section, Environmental Protection Agency, Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
    Copies of documents relevant to this action are available for 
public inspection during normal business hours at the following 
locations:
    Environmental Protection Agency, Region 6, Air Planning Section 
(6PD-L), 1445 Ross Avenue, Dallas, Texas 75202-2733; Louisiana 
Department of Environmental Quality (LDEQ), 7290 Bluebonnet Boulevard, 
Baton Rouge, Louisiana 70810. Please contact the appropriate office at 
least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, Air Planning Section 
(6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, 
telephone (214) 665-6691.

SUPPLEMENTARY INFORMATION: The use of ``we,'' ``us,'' or ``our'' in 
this document refers to EPA.

Table of Contents

I. What action is EPA proposing to take?
II. What is a NOX exemption?
III. Why is EPA proposing to take this action?
IV. What actions has the State taken?
V. What would be the effect of rescinding the NOX 
exemptions on conformity?
VI. What would be the effect of rescinding the section 182(f) 
NOX exemption on vehicle I/M?
VII. What further actions would EPA need to take?
VIII. Where can I get background information on the exemptions?
IX. Administrative requirements.

I. What Action Is EPA Proposing to Take?

    At the request of the State of Louisiana, we are proposing to 
rescind the sections 182(f) and 182(b)(1) exemptions from certain CAA 
NOX requirements for the Baton Rouge ozone nonattainment 
area. Rescission of these NOX exemptions would remove the 
Baton Rouge ozone nonattainment area from exempt status and the State 
would be required to immediately implement the Federal NOX 
RACT, NSR, vehicle I/M, and general and transportation conformity 
requirements.

II. What Is a NOX Exemption?

    The CAA states, in section 182(f), that an exemption from 
NOX controls may be given to an ozone nonattainment area if 
the Administrator determines that NOX controls would not 
contribute to attainment of the ozone NAAQS. On November 17, 1994, 
Louisiana submitted a petition to the EPA requesting that the Baton 
Rouge serious ozone nonattainment area \1\ be exempted from 
requirements to implement NOX controls pursuant to section 
182(f) of the CAA. The exemption request, which addressed 
NOX RACT, NSR, vehicle I/M, general and transportation 
conformity requirements, was based on modeling demonstrating additional 
NOX emission controls within the nonattainment area would 
not contribute to attainment of the ozone NAAQS.
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    \1\ At the time, the Baton Rouge serious ozone nonattainment 
area consisted of six parishes: Ascension, East Baton Rouge, 
Iberville, Livingston, Pointe Coupee, and West Baton Rouge. However, 
Pointe Coupee has since been redesignated to ozone attainment. See 
61 FR 37833, dated July 22, 1996.
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    In April 1995, EPA changed the procedural mechanism through which a 
NOX exemption from the transportation conformity 
requirements would be granted.\2\ Instead of a petition under section 
182(f), transportation conformity NOX exemptions for ozone 
nonattainment areas subject to section 182(b)(1) of the CAA (i.e., 
moderate and above areas) would need to be submitted as a SIP revision. 
The Baton Rouge ozone nonattainment area is classified as serious and, 
thus, is subject to section 182(b)(1). Accordingly, on July 25, 1995, 
the State of Louisiana submitted to EPA, pursuant to section 182(b)(1), 
a SIP revision requesting an exemption from the transportation 
conformity NOX requirements. The State based the section 
182(b)(1) exemption request on the same modeling relied on for the 
earlier section 182(f) exemption request.
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    \2\ For a detailed discussion of the basis for the procedural 
change, please reference EPA's October 6, 1995, proposed approval of 
the Baton Rouge transportation conformity NOX exemption 
(60 FR 52348).
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    We approved the sections 182(f) and 182(b)(1) exemptions on January 
26, 1996 (61 FR 2438), and February 27, 1996 (61 FR 7218), 
respectively. In our Federal Register notices approving the exemptions, 
we reserved the right to reverse the approval of the exemptions if 
subsequent modeling data demonstrated an ozone attainment benefit from 
NOX emission controls.

III. Why Is EPA Proposing To Take This Action?

    We are proposing to take this action because the State has 
requested rescission of the NOX waivers based on revised 
modeling, and we have evaluated the new modeling and find that it 
appears to demonstrate that NOX controls will contribute to 
attaining the ozone NAAQS. Specifically, on September 24, 2001, the 
State of Louisiana submitted to EPA a request to rescind the section 
182(f) NOX exemption for the Baton Rouge ozone nonattainment 
area. The State based its request on photochemical modeling recently 
conducted for the Baton Rouge

[[Page 30639]]

area demonstrating that NOX reductions are needed in order 
for the area to attain the one-hour ozone standard. In addition, on 
December 31, 2001, the State submitted to EPA a revision to the Baton 
Rouge SIP requesting rescission of the transportation conformity 
NOX exemption based on this photochemical modeling.
    As stated previously, when we approved the sections 182(f) and 
182(b)(1) NOX exemptions, we reserved the right to reverse 
the approval of the exemptions if subsequent modeling data demonstrated 
an ozone attainment benefit from NOX emission controls. 
Based on our preliminary review of the recently completed modeling, it 
appears that additional NOX controls are now needed in order 
for the Baton Rouge area to attain the ozone standard.

IV. What Actions Has The State Taken?

    The State has taken a number of actions aimed at NOX 
control consistent with its revised modeling showing that 
NOX reductions will contribute to achieving the ozone NAAQS.
    Specifically, on December 20, 2001, the State of Louisiana adopted 
revisions to its NSR regulations to address the NOX NSR 
requirements. See Louisiana Administrative Code (LAC) 33:III.504, 
``Nonattainment New Source Review Procedures.'' The rule revisions were 
effective on that date. The NOX NSR requirements apply to 
owners or operators planning to construct or modify a source, in the 
Baton Rouge serious ozone nonattainment area, that emits or has the 
potential to emit 50 tons per year or more of NOX. The 
compliance date for the State's NOX NSR rule is December 20, 
2001.
    In addition, on February 20, 2002, the State adopted NOX 
control regulations. See LAC 33:III.Chapter 22, ``Control of Emissions 
of Nitrogen Oxides (NOX).'' The rules were effective on that 
date. The regulations establish requirements for reducing emissions of 
NOX from industrial sources in a nine-parish control region, 
which includes the five-parish Baton Rouge ozone nonattainment area 
(Ascension, East Baton Rouge, Iberville, Livingston and West Baton 
Rouge Parishes), as well as East Feliciana, West Feliciana, St. Helena, 
and Pointe Coupee Parishes. Affected facilities include those with one 
or more affected point sources \3\ that collectively emit, or have the 
potential to emit, fifty (50) tons per year or more of NOX. 
The rules are intended not only to satisfy the Federal NOX 
RACT requirements applicable to the Baton Rouge ozone nonattainment 
area, but are also a key component of a broader control strategy to 
bring the Baton Rouge area into compliance with the one-hour ozone 
standard. The State's NOX control rules' final compliance 
date is as expeditious as possible and varies from source to source, 
but no compliance date is later than May 1, 2005.
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    \3\ Please see LAC 33:III.2201, ``Affected Facilities in the 
Greater Baton Rouge NOX Control Area,'' for definitions, 
exemptions, etc.
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    Lastly, on December 31, 2001, the State submitted to EPA a revision 
to the vehicle I/M SIP for the Baton Rouge area to address the I/M 
NOX requirements.

V. What Would Be the Effect of Rescinding the NOX 
Exemptions on Conformity?

    The NOX exemptions for transportation and general 
conformity determinations would no longer apply after the effective 
date of a final rule. The implications of rescinding the transportation 
and general conformity NOX exemptions are discussed below.
    The section 182(b)(1) transportation conformity NOX 
exemption waived the Federal transportation conformity rule's ``build-
no build'' test for NOX emissions. The ``build-no build'' 
test applies to ozone nonattainment areas without motor vehicle 
emissions budgets. See 40 CFR 93.119. However, on July 2, 1999 (64 FR 
35930), EPA approved motor vehicle emissions budgets for VOC and 
NOX as part of its approval of the 1999 Attainment 
Demonstration for the Baton Rouge ozone nonattainment area. Because the 
State of Louisiana now has established motor vehicle emission budgets 
for volatile organic compounds (VOC) and NOX as part of its 
approved SIP, rescission of the transportation conformity 
NOX exemption has no practical implications for the Baton 
Rouge ozone nonattainment area. If the section 182(b)(1) NOX 
exemption is rescinded, the State of Louisiana would not need to revise 
its transportation conformity rules. See LAC 33:III, Chapter 14, 
Subchapter B, Section 1432, and 40 CFR 93.118 for more information.
    The section 182(f) NOX waiver exempted Federal projects 
from general conformity determinations with respect to NOX. 
If the exemption is rescinded, Federal agencies making future general 
conformity determinations for Federal projects in the Baton Rouge area 
would now be subject to the NOX requirements outlined in the 
State's general conformity rules. The State would not need to revise 
its general conformity rules if the section 182(f) NOX 
waiver is rescinded. See LAC 33:III, Chapter 14, Subchapter A, and 40 
CFR part 51 subpart W for more information.
    Existing conformity determinations would not be affected by the 
rescission of the sections 182(f) and 182(b)(1) NOX 
exemptions and will continue to be valid to the same extent as 
generally allowed under the rules; however, new conformity 
determinations will have to observe the NOX requirements.

VI. What Would Be the Effect of Rescinding the Section 182(f) 
NOX exemption on Vehicle I/M?

    The vehicle I/M NOX requirements would apply to the 
Baton Rouge ozone nonattainment area after the effective date of this 
rule. As stated previously, on December 31, 2001, the State submitted 
to EPA a revision to the vehicle I/M SIP for the Baton Rouge area to 
address the I/M NOX requirements. The SIP includes a revised 
program design intended to meet the Federal low enhanced I/M 
performance standard for VOC and NOX.\4\ See 40 CFR 51.351.
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    \4\ The new program design replaces the fuel inlet pressure test 
(which was not implemented) with on-board diagnostics. The existing 
anti-tampering check and gas cap pressure test are still applicable. 
See LAC 55:III.Chapter 8, ``Motor Vehicle Inspections.''
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VII. What Further Actions Would EPA Need To Take?

    We will be reviewing the State's NOX control regulations 
to ensure that they meet the requirements for NOX RACT. We 
will also be reviewing the revised NSR regulations to ensure that they 
satisfy the Federal NOX NSR requirements. We will be acting 
upon these regulations in separate rulemaking actions because they are 
elements of a broader SIP for the Baton Rouge ozone nonattainment area 
that was submitted to EPA on December 31, 2001. This SIP includes, 
among other things, the photochemical modeling on which the State's 
NOX exemption rescission requests are based. We will be 
acting on this modeling--and other elements of this SIP submittal--in a 
separate rulemaking action.
    In addition, we will be reviewing the revised vehicle I/M SIP 
submitted to EPA on December 31, 2001, to determine whether it meets 
the Federal I/M program requirements (including NOX). We 
will act upon this SIP revision in a future rulemaking action on that 
subject.

VIII. Where Can I Get Background Information on the Exemptions?

    As discussed above, the sections 182(f) and 182(b)(1) 
NOX exemptions were approved on January 26, 1996 (61 FR 
2438), and February 27, 1996 (61 FR

[[Page 30640]]

7218), respectively. We proposed approval of the sections 182(f) and 
182(b)(1) NOX exemptions on August 18, 1995 (60 FR 43100), 
and October 6, 1995 (60 FR 52349), respectively.
    A copy of the recently completed modeling, NOX control 
and NSR regulations, and I/M SIP revision that were submitted by the 
State to EPA are available from EPA and LDEQ at the addresses provided 
above.

IX. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed 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 proposes to approve 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 (Public Law 104-4).
    This proposed rule also does not have tribal implications because 
it will 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). This action also does not 
have Federalism implications because it does not 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). This action 
merely proposes to approve a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (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 Clean Air 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 Clean Air 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. This proposed 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.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Conformity, 
Hydrocarbons, Intergovernmental Relations, Nitrogen oxides, Ozone, 
Volatile organic compounds.

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

    Dated: May 1, 2002.
Christine Todd Whitman,
Administrator.
[FR Doc. 02-11297 Filed 5-6-02; 8:45 am]
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