[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Proposed Rules]
[Pages 35468-35470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12616]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-61-1-7552; FRL-7213-4]


Proposed Approval and Promulgation of Implementation Plans; 
Louisiana; Contingency Measures for the Baton Rouge (BR) Ozone 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes to approve revisions to the Louisiana State 
Implementation Plan (SIP) for the Baton Rouge ozone non-attainment area 
submitted by the State of Louisiana for the purpose of replacing the 
previously approved contingency measures in the Demonstration of 
Attainment. These replacement measures meet the requirements in 
sections 172(c)(9) and 182(c)(9) of the Clean Air Act (the Act) as 
amended in 1990. We are proposing approval of replacement contingency 
measures that would require emission reductions from the Trunkline Gas 
Company--Patterson Compressor Station in St. Mary Parish to replace the 
State's current contingency measure requirements. Currently, the 
State's contingency measure requirement is that it hold 5.7 tons/day of 
VOC emission reductions ``on deposit'' in the State of Louisiana 
Emission Reduction Credit Bank (ERC Bank). The replacement contingency 
measure that the EPA proposes to approve would require that the 
Trunkline facility permanently reduce its volatile organic compound 
(VOC) emissions by 6.1 tons/day from 1990 emission levels. These 
reductions are surplus and federally enforceable.

DATES: Written comments must be received on or before June 19, 2002.

ADDRESSES: Written comments should be addressed to Mr. Thomas H. Diggs, 
Chief, Air Planning Section (6PD-L), at the EPA Region 6 Office listed 
below. Copies of documents relevant to this action, including the 
Technical Support Document (TSD), are available for public inspection 
during normal business hours at the following locations. Anyone wanting 
to examine these documents should make an appointment with the 
appropriate office at least two working days in advance.
    Environmental Protection Agency, Region 6, Air Planning Section 
(6PD-L), 1445 Ross Avenue, Dallas, Texas 75202-2733. Louisiana 
Department of Environmental Quality, Air Quality Compliance Division, 
7290 Bluebonnet, 2nd Floor, Baton Rouge, Louisiana. Louisiana 
Department of Environmental Quality Capital Regional Office, 11720 
Airline Highway, Baton Rouge, Louisiana.

FOR FURTHER INFORMATION CONTACT: Ms. Sandra Rennie, Air Planning 
Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733, telephone (214) 665-7367.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refers to EPA.

[[Page 35469]]

What Action Are We Taking Today?

    On February 27, 2002, the Governor of Louisiana submitted to EPA a 
revision to the Baton Rouge SIP requesting that the current contingency 
measures contained in the Attainment Demonstration be replaced with 
substitute contingency measures. The current contingency measures for 
the Attainment Demonstration require that the State escrow at least 5.7 
tons/day of VOC (3 percent of the adjusted base year inventory of 191.2 
tons/day) in its Emission Reduction Credit (ERC) Bank. EPA approved 
these VOC reductions as creditable towards the 3 percent contingency 
requirement for the Demonstration of Attainment. (64 FR 35930, July 2, 
1999.)
    This revision substitutes 6.1 tons/day in VOC emission reductions 
from the Trunkline Gas Company for the previously approved measure. The 
EPA is proposing to approve this revision to the Louisiana SIP to 
regulate emissions of VOCs in accordance with the requirements of the 
Act. For more information on the SIP revision, please refer to the 
State's February 27, 2002, SIP revision and EPA's TSD.

What Are the Clean Air Act Requirements?

    Section 172(c)(9) and 182 (c)(9) of the Act require that SIPs 
contain additional measures that will take effect without further 
action by the state or EPA if an area fails to attain the standard by 
the applicable date, or to meet rate-of-progress (ROP) deadlines. The 
Act does not specify how many contingency measures are needed or the 
magnitude of emissions reductions that must be provided by these 
measures. However, EPA provided guidance interpreting the control 
measure requirements of 172(c)(1) and 182(c)(2)(A) in the April 16, 
1992, General Preamble for Implementation of the Act (See 57 FR 13498, 
13510, April 16, 1992). In that guidance EPA indicated that states with 
moderate and above ozone nonattainment areas, such as the Baton Rouge 
area, should include sufficient contingency measure so that, upon 
implementation of such measures, additional emission reductions of up 
to three percent of the emissions in the adjusted base year inventory 
(or such lesser percentage that will cure the identified failure) would 
be achieved in the year following the year in which the failure has 
been identified. The State must show that the contingency measures can 
be implemented with minimal further action on their part and with no 
additional rulemaking actions.

Why Is Louisiana Submitting a Substitute Contingency Measure?

    We previously approved a contingency measures plan as satisfying 
section 172(c)(9) and 182(c)(9) of the Act (64 FR 35930, July 2, 1999). 
The contingency plan consisted of 5.7 tons/day of VOC ERCs held in 
escrow in the Louisiana ERC Bank that would be confiscated by the State 
and no longer available for use in the event of a milestone failure or 
if attainment was not achieved in a timely manner. In August 1999, a 
petition for review was filed in the United States Court of Appeals for 
the Fifth Circuit challenging our July 2, 1999, SIP approval. Louisiana 
Environmental Action Network v. EPA, No. 99-60570. In response to the 
litigation, we requested a partial voluntary remand to reconsider that 
final approval of the State's contingency measures plan for the Baton 
Rouge area. On October 19, 2000, the Fifth Circuit Court of Appeals 
granted a Joint Motion for a Partial Voluntary Remand.
    The State has submitted this contingency measure as a substitute 
for the ERC bank contingency measure. This proposal, and any final 
action taken pursuant to it, serve as EPA's response with respect to 
the voluntary remand.

Does the Substitute Measure Meet All Applicable Requirements?

    The State is using excess reductions that accrued in 1998 at the 
Trunkline facility to meet the contingency measure requirement. In 
guidance issued in 1993 \1\, we allow the use of surplus reductions 
that have already been achieved before the failure has been identified 
to serve as contingency measures in the year after the failure for 
attainment and ROP plans. If an area then fails to meet a milestone 
which triggers the implementation of contingency measures, the state 
would have one year to backfill the contingency measure. See 57 FR 
13498, 13511 (April 16, 1992). The State ensured that the VOC 
reductions relied on as the contingency measure have not been used 
anywhere else in the 2005 attainment demonstration.
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    \1\ Memorandum, ``Early Implementation of Contingency Measures 
for Ozone and Carbon Monoxide in Nonattainment Areas,'' from G.T. 
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 13, 
1993.
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    Because the Trunkline Gas Company--Patterson Compressor Station in 
St. Mary Parish is not in the Baton Rouge nonattainment area, the State 
followed EPA's policy guidance \2\ allowing 1-hour ozone nonattainment 
areas to take credit in plans for emission reductions obtained from 
sources outside the designated nonattainment area, provided that the 
sources are no farther away than 100 km (for VOC sources) or 200 km 
(for NOX sources) from the nonattainment area. The Patterson 
Compressor Station is only 40 km from the Baton Rouge nonattainment 
area, and, as such, its reductions are available for use as credit in 
the contingency measures plan. In addition, in accordance with the 
guidance, the emissions from this source, which is outside the 
nonattainment area, were included in the 1990 base year emissions 
inventory for the nonattainment area.
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    \2\ Memorandum: Guidance for Implementing the 1-Hour Ozone and 
Pre-Existing PM10 NAAQS. Richard D. Wilson, December 29, 1997 
(signature date).
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    The contingency measure plan requirement for the Attainment 
Demonstration is 3 percent of the 1990 adjusted base year VOC 
inventory. Therefore, in order to use the emission reductions available 
from Trunkline, the State added the emissions from the facility back 
into the 1990 inventory.\3\ When the inventory was adjusted to include 
the Trunkline emissions, the new 3 percent requirement for contingency 
measures became 6.1 tons/day of VOC emission reductions.
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    \3\ The EPA recognizes that adding the Trunkline emission back 
into the 1990 emissions inventory will also impact the 9 percent and 
the 15 percent ROP Plan targets. These adjustments are discussed in 
the TSD and will be dealt with in the ROP plans.
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    These reductions are available because the Trunkline facility 
installed a flare in 1998 to dispose of flash gases from several 
storage containers to comply with Louisiana's waste gas disposal rule 
and comprehensive toxic air pollutant control program. This was an 
alternative to combustion in a furnace or closed combustion chamber. 
The destruction efficiency of the open air flare is estimated at 99 
percent.
    After the installation of the flare, VOC emissions changed from 
13.4 tons/day to 0.4 tons/day. The resulting 13 tons/day of emission 
reductions are creditable. To ensure that these emission reductions are 
permanent and Federally enforceable, the State revised emission limit 
is reflected in the permit issued to Trunkline. The permit makes the 
additional emission reductions available for SIP purposes, i.e., 
surplus, permanent, and enforceable. 6.1 tons/day of this 13 ton/day 
reduction will be credited to contingency measures and will no longer 
be available for any other use. Because the 6.1 tons/day from the 
Trunkline facility is greater than the 5.7 tons/day in the prior 
contingency

[[Page 35470]]

measure, this SIP revision also complies with section 110(l) of the 
Act.

Proposed Action

    Because the substitute contingency measure submitted in this SIP 
revision meets all the requirements for contingency measures and other 
SIP requirements, we are proposing approval of a substitute contingency 
measure for the Baton Rouge ozone nonattainment area. We are proposing 
to approve 6.1 tons/day of VOC emissions, as obtained from the issuance 
of a permit to Trunkline, as the substitute contingency measure. If we 
finalize this action, those 6.1 tons/day of VOC emissions from 
Trunkline are no longer available for any other uses, e.g., netting.

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, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping, 
Volatile organic compounds.

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

    Dated: May 7, 2002.
Lynda F. Carroll,
Acting Regional Administrator, Region 6.
[FR Doc. 02-12616 Filed 5-17-02; 8:45 am]
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