[Federal Register Volume 67, Number 141 (Tuesday, July 23, 2002)]
[Proposed Rules]
[Pages 48095-48098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18576]



[[Page 48095]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-62-1-7561; FRL-7249-6]


Approval and Promulgation of Implementation Plans; Louisiana; 
Control of Emissions of Nitrogen Oxides in the Baton Rouge Ozone 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is proposing approval of rules into the Louisiana 
State Implementation Plan (SIP). In this rulemaking we are proposing to 
approve revisions to the Louisiana Nitrogen Oxides (NOX) 
rules in the Baton Rouge (BR) 1-hour ozone nonattainment area (BR area) 
and its Region of Influence as submitted to us by the State on February 
27, 2002 (the February 27, 2002, SIP revision). The revisions concern 
Reasonably Available Control Technology (RACT) for point sources of 
NOX in the BR area and its Region of Influence. See section 
1 of this document for additional information. These new emissions 
limits for point sources of NOX will contribute to 
attainment of the 1-hour ozone National Ambient Air Quality Standard 
(NAAQS) in the BR area.
    The EPA is proposing approval of SIP revisions to regulate 
emissions of NOX as meeting the requirements of the Federal 
Clean Air Act (the Act).

DATES: Comments must be received on or before August 22, 2002.

ADDRESSES: Your comments on this action 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 the Technical Support Document (TSD) and other 
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, 1445 Ross Avenue, Suite 
700, Dallas, Texas 75202-2733.
    Louisiana Department of Environmental Quality (LDEQ), 7290 
Bluebonnet Boulevard, Baton Rouge, Louisiana, 70810.

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, and [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

1. What Actions Are We Taking in This Document?
2. What action are we not taking in this document?
3. What are NOX?
4. What is RACT?
5. What are the Clean Air Act's RACT requirements for NOX 
emissions?
6. What is definition of a major source for NOX?
7. What is a nonattainment area?
8. What is history of NOX RACT for point sources in the 
BR area?
9. What does the February 27, 2002, SIP revision for point sources 
of NOX in the BR area say?
10. What are the NOX emissions factors in the February 
27, 2002, SIP revision for point sources of NOX in the BR 
area?
11. What is the compliance schedule in the February 27, 2002, SIP 
revision for point sources of NOX in the BR area?
12. What is a State Implementation Plan?
13. What is the Federal approval process for a SIP?
14. What does Federal approval of a SIP mean to me?
15. What areas in Louisiana will the proposed February 27, 2002, SIP 
revision for point sources of NOX affect?
    Throughout this document ``we,'' ``us,'' and ``our'' means EPA.

1. What actions are we taking in this document?

    On February 27, 2002, the Governor of Louisiana, submitted rule 
revisions to LAC 33:III, Chapter 22, ``Control of Emissions of Nitrogen 
Oxides,'' (AQ215), as a revision to the Louisiana SIP for point sources 
of NOX in the BR area and its Region of Influence.
    The BR area constitutes the 5 ozone nonattainment parishes of 
Ascension, East Baton Rouge, Iberville, Livingston, and West Baton 
Rouge. The Region of Influence constitutes the 4 ozone attainment 
parishes of East Feliciana, Pointe Coupe, St. Helena, and West 
Feliciana. See section 2201(A)(1) of Louisiana's rule revisions. This 
SIP revision concerns RACT for point sources of NOX in all 
these 9 parishes. The State of Louisiana submitted this revision to us 
as a part of the NOX reductions needed for the BR area to 
attain the 1-hour ozone standard. These NOX reductions will 
assist the BR area to attain the 1-hour ozone standard.
    We received the Louisiana rule that we are considering in this 
proposed action on February 27, 2002, as a component of the an 
Attainment Plan and Transport Demonstration (hereinafter, the 
Attainment Plan/Transport SIP) for the BR area submitted by the LDEQ. 
This revision to the Attainment Plan/Transport SIP specifies emission 
reduction strategies designed to bring the BR area into compliance with 
the ozone NAAQS. One component of the Attainment Plan/Transport SIP is 
the revised NOX RACT rule that has been enacted at Louisiana 
Administrative Code (LAC) 33:III, Chapter 22. This action is necessary 
to determine whether that revised rule is an approvable component of 
the Attainment Plan/Transport SIP.
    In this document we are proposing to approve the February 27, 2002, 
rule revision to LAC 33:III, Chapter 22, of the Louisiana SIP. Sections 
8 through 11 and section 15 of this document contain more information 
about LAC 33:III, Chapter 22. By this approval, we are also agreeing 
that the State of Louisiana will be implementing RACT for point sources 
of NOX in the BR area and its Region of Influence. See the 
NOX point source categories listed in Table III, section 10 
of this document for more information.
    Table I contains a summary list of the sections of LAC 33:III, 
Chapter 22, as submitted to us on February 27, 2002, for sources of 
NOX in these 9 parishes.

   Talble I.--Section Numbers and Section Descriptions of LAC 33:III,
         Chapter 22 Submitted on February 27, 2002, SIP Revision
------------------------------------------------------------------------
                 Section                            Description
------------------------------------------------------------------------
A........................................  Applicability
B........................................  Definitions
C........................................  Exemptions
D........................................  Emission Factors
E........................................  Alternative Plans
F........................................  Permits
G........................................  Initial Demonstration of
                                            Compliance
H........................................  Continuous Demonstration of
                                            Compliance
I........................................  Notification, Recordkeeping,
                                            and Reporting Requirements
J........................................  Effective Dates
------------------------------------------------------------------------

2. What Action Are We Not Taking in This Document?

    We are not acting on the BR area attainment plan in this particular 
action or on any other area attainment plan.

3. What Are NOX?

    Nitrogen oxides belong to the group of criteria air pollutants. The 
NOX are produced from burning fuels, including natural gas, 
gasoline and coal. Nitrogen oxides react with volatile organic 
compounds (VOC) to form ozone or smog, and are also major components of 
acid rain.

[[Page 48096]]

4. What Is RACT?

    RACT is defined as the lowest emission limitation that a particular 
source can meet by applying a control technique that is reasonably 
available considering technological and economic feasibility. See 44 FR 
53761, September 17, 1979. Sections 182(b)(2) and 182(f) of the Act 
establish this requirement. These sections, taken together, establish 
the requirements for Louisiana to submit a NOX RACT 
regulation for all major stationary sources of NOX in ozone 
nonattainment areas classified as moderate and above. A State may 
choose to develop its own RACT requirements on a case by case basis, 
considering the economic and technical circumstances of an individual 
source.

5. What Are the Clean Air Act's RACT Requirements for NOX 
Emissions?

    The BR area was classified as a serious ozone nonattainment area 
(40 CFR 81.319). You can find the requirements for serious ozone 
nonattainment areas such as BR in section 182(c) of the Act. Section 
182(c)(2)(C) addresses the NOX Control requirements for 
serious areas. Section 182(b)(2) requires States, with areas classified 
as moderate and above ozone nonattainment, to implement RACT with 
respect to all major sources of VOCs. Section 182(f) states that, ``The 
plan provisions required under this subpart for major stationary 
sources of VOCs shall also apply to major stationary sources (as 
defined in section 302 and subsections (c), (d), and (e) of the 
section) of oxides of nitrogen.'' This NOX RACT requirement 
also applies to all major sources in ozone nonattainment areas with 
higher than moderate nonattainment classifications.
    On November 25, 1992 (57 FR 55620), we published a document of 
proposed rulemaking entitled ``State Implementation Plans; Nitrogen 
Oxides Supplement to the General Preamble; Clean Air Act Amendments of 
1990 Implementation of Title I; Proposed Rule,'' (the NOX 
Supplement). The NOX Supplement describes and provides 
preliminary guidance on the requirements of section 182(f) of the Act. 
You should refer to the NOX supplement for further 
information on the NOX requirements. Other EPA guidance 
memoranda, such as those included in the ``NOX Policy 
Document for the Clean Air Act of 1990,'' (EPA-452/R96-005, March 
1996), could provide you with more information about NOX 
requirements. In addition, states can use information in EPA's guidance 
documents known as the Alternative Control Techniques (ACTs) to develop 
their RACT regulations. The following table contains list of ACT 
documents for various source categories of NOX with their 
corresponding EPA publication numbers.

   Table II.--ACT Documents for Source Categories of NOX and Their EPA
                           Publication Numbers
------------------------------------------------------------------------
          Source category                    EPA publication No.
------------------------------------------------------------------------
Gas turbines......................  EPA-453/R-93-007
Process heaters...................  EPA-453/R-93-034
Internal combustion engines.......  EPA-453/R-93-032
Non-utility boilers...............  EPA-453/R-94-022
Utility boilers...................  EPA-453/R-94-023
------------------------------------------------------------------------

6. What Is Definition of a Major Source for NOX?

    As stated in section 5 of this document, the BR area is currently a 
serious ozone nonattainment area. According to section 182(c) of the 
Act, a major source in a serious nonattainment area is a source that 
emits, when uncontrolled, 50 tpy or more of NOX. Therefore, 
the major source size for NOX within these 9 parishes is 50 
tpy or more, when uncontrolled.

7. What Is a Nonattainment Area?

    A nonattainment area is a geographic area in which the level of a 
criteria air pollutant is higher than the level allowed by Federal 
standards. A single geographic area may have acceptable levels of one 
criteria air pollutant but unacceptable levels of one or more other 
criteria air pollutants; thus, a geographic area can be attainment for 
one criteria pollutant and nonattainment for another criteria pollutant 
at the same time.
    See section 1 of this document for a listing of the Louisiana 
parishes that are nonattainment for ozone.

8. What Is History of NOX RACT Rule for Point Sources in the 
BR Area?

    Prior to this proposed rulemaking the Louisiana's approved SIP did 
not a contain NOX RACT rule for point sources operating in 
these 9 parishes. On January 26, 1996 (61 FR 2438), we granted an 
exemption under section 182(f) of the Act from the RACT requirements 
for major stationary sources of NOX operating in the BR 
ozone nonattainment area. We based our approval of the exemption on 
modeling which showed that NOX controls would not contribute 
to attainment of the NAAQS for ozone. In granting the exemption, EPA 
reserved the right to reverse the approval of the exemption, if 
subsequent modeling data demonstrated an ozone attainment benefit from 
NOX emission controls. Photochemical grid modeling recently 
conducted for the BR area SIP indicates that control of NOX 
sources will help the area attain the NAAQS for ozone. The State of 
Louisiana has requested that EPA rescind the NOX exemption 
based on this new modeling. Accordingly, on May 7, 2002 (67 FR 30638), 
we published our proposal to rescind, among other things, the 182(f) 
NOX exemption. When finalized, the State will need to 
implement RACT requirements for major stationary sources of 
NOX operating in these 9 parishes.
    We believe that rescission of the 182(f) NOX exemption, 
and implementation of RACT rules for major stationary sources of 
NOX operating in these 9 parishes will assist to bring the 
BR area into attainment with the federal 1-hour ozone standard, and 
will strengthen the existing Louisiana SIP.

9. What Does the February 27, 2002, SIP Revision for point sources of 
NOX in the BR Area Say?

    The State's rulemaking will reduce/control NOX emissions 
from point sources in these 9 parishes. See section 1 of this document 
for a listing of these 9 parishes. The rulemaking affects point sources 
that emit, when uncontrolled, 50 tpy or more of NOX. The 
revised State rule offers facility-wide averaging incentive and 
operational flexibility to a source to operate at RACT or more 
stringent levels beyond the designated ozone season (May 1 through 
September 30). The May 1 through September 30 time frame is consistent 
with the time frame adopted for the ozone transport assessment group 
rules. See 62 FR 60344 published on November 7, 1997. The 
NOX emission control methods may vary from one source to 
another. Due to the fact that NOX emission control methods 
differ from one source to another, some sources will need to operate 
their NOX control device beyond the above-mentioned ozone 
season. The State provided us with more information about the 
seasonality of the NOX control in Chapter 22, in a letter 
dated May 3, 2002. The seasonality of Louisiana's NOX 
controls will also impact Louisiana's ERC accounting procedures. The 
ERC generated from implementation of this rule will have to be 
permanent, actual, surplus, quantifiable, and federally enforceable at 
the time of use. Section D(3) of the rule contains the equation used 
for calculating the appropriate NOX cap for a source or 
multiple sources under common control. See page 4 of our TSD for 
additional information. Furthermore, the State will

[[Page 48097]]

need to base and conduct its ERC accounting on a two-balance (during 
ozone season and outside ozone season) system for NOX ERC. 
The NOX ERC generated outside the ozone season can only be 
made available for use outside the ozone season. The NOX ERC 
generated during the ozone season can be made available for use in both 
the ozone season and outside the ozone season. We will be proposing 
action on Louisiana's ERC accounting in a separate Federal Register 
document. For additional information you can refer to our TSD that 
contains a copy of the State's May 3, 2002, letter.
    We believe that the proposed rulemaking will assist to bring the BR 
area into attainment with the federal 1-hour ozone standard, and will 
strengthen the existing Louisiana SIP.

10. What Are the NOX Emissions Factors in the February 27, 
2002, SIP Revision for Point Sources of NOX in the BR Area?

    Table III of this document contains a summary of the affected 
NOX point source categories, maximum rated capacities, and 
their relevant emission factors based on the February 27, 2002, SIP 
submittal. See LAC 33:III:2201, section D(1).

      Table III.--Affected Categories of NOX, Maximum Rated Capacities, and Emission Factors in the BR area
----------------------------------------------------------------------------------------------------------------
                Category                   Maximum rated capacity                NOX emission factor
----------------------------------------------------------------------------------------------------------------
Electric Power Generating System
 Boilers:
    Coal-fired.........................  [ge]80 MMBtu/hour.........  0.21 lb/MMBtu
    Number 6 Fuel Oil-fired............  [ge]80 MMBtu/hour.........  0.18 lb/MMBtu
    All others (gaseous or liquid).....  [ge]80 MMBtu/hour.........  0.10 lb/MMBtu
Industrial Boilers.....................  [ge]80 MMBtu/hour.........  0.10 lb/MMBtu
Process heater/furnaces:
    Ammonia Reformers..................  [ge]80 MMBtu/hour.........  0.23 lb/MMBtu
    All others.........................  [ge]80 MMBtu/hour.........  0.08 lb/MMBtu
Stationary gas turbines................  [ge]10 MW.................  0.16 lb/MMBtu or 42 ppm @ 15 percent O2,
                                                                      dry basis)
Stationary internal combustion engines:
    Lean burn..........................  [ge]1500 Hp...............  4 g/Hp-hour
    Rich burn..........................  [ge]300 Hp................  2 g/Hp-hour
----------------------------------------------------------------------------------------------------------------

    We believe that the proposed NOX emission factors for 
point sources of NOX in the BR area will assist to bring the 
BR area into attainment with the federal 1-hour ozone standard, and 
will strengthen the existing Louisiana SIP. By this approval we are 
agreeing that the State of Louisiana will be implementing RACT for 
point source categories listed in Table III, section 10 of this 
document.
    Additionally, we will be proposing approval of a revision to 
Louisiana's lean burn engine requirements for NOX, through 
our ``parallel processing'' procedures explained at 40 CFR part 51, 
appendix V, in a separate Federal Register document.

11. What Is the Compliance Schedule in the February 27, 2002, SIP 
revision for Point Sources of NOX in the BR Area?

    The proposed compliance date for point sources of NOX in 
the BR area is as expeditiously as possible, but no later than May 1, 
2005. See LAC 33:III:2201, sections J(1) and (2). We believe that the 
proposed compliance schedule for point sources of NOX in the 
BR area will assist to bring the BR area into attainment with the 
federal 1-hour ozone standard, and will strengthen the existing 
Louisiana SIP.

12. What Is a State Implementation Plan?

    Section 110 of the Act requires States to develop air pollution 
regulations and control strategies to ensure that State air quality 
meets the NAAQS that EPA has established. Under section 109 of the Act, 
EPA established the NAAQS to protect public health. The NAAQS address 
six criteria pollutants. These criteria pollutants are: carbon 
monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur 
dioxide.
    Each State must submit these regulations and control strategies to 
us for approval and incorporation into the federally enforceable SIP. 
Each State has a SIP designed to protect air quality. These SIPs can be 
extensive, containing State regulations or other enforceable documents 
and supporting information such as emission inventories, monitoring 
networks, and modeling demonstrations.

13. What Is the Federal Approval Process for a SIP?

    When a State wants to incorporate its regulations into the 
federally enforceable SIP, the State must formally adopt the 
regulations and control strategies consistent with State and Federal 
requirements. This process includes a public notice, a public hearing, 
a public comment period, and a formal adoption by a state-authorized 
rulemaking body.
    Once a State adopts a rule, regulation, or control strategy, the 
State may submit the adopted provisions to us and request that we 
include these provisions in the federally enforceable SIP. We must then 
decide on an appropriate Federal action, provide public notice on this 
action, and seek additional public comment regarding this action. If we 
receive adverse comments, we must address them prior to a final action.
    Under section 110 of the Act, when we approve all State regulations 
and supporting information, those State regulations and supporting 
information become a part of the federally approved SIP. You can find 
records of these SIP actions in the CFR at Title 40, part 52, entitled 
``Approval and Promulgation of Implementation Plans.'' The actual State 
regulations that we approved are not reproduced in their entirety in 
the CFR but are ``incorporated by reference,'' which means that we have 
approved a given State regulation with a specific effective date.

14. What Does Federal Approval of a SIP Mean to Me?

    A State may enforce State regulations before and after we 
incorporate those regulations into a federally approved SIP. After we 
incorporate those regulations into a federally approved SIP, both EPA 
and the public may also take enforcement action against violators of 
these regulations.

15. What Areas in Louisiana Will the Proposed February 27, 2002, SIP 
Revision for Point Sources of NOX Affect?

    The following table contains a list of Parishes affected by the 
proposed SIP

[[Page 48098]]

revision that we are proposing to approve, today.

        Table IV.--Rule Number and Affected Parishes of Louisiana
------------------------------------------------------------------------
             Rule No.                         Affected parishes
------------------------------------------------------------------------
LAC 33:III:2201 (AQ215) provisions  Ascension, East Baton Rouge, East
                                     Felicia, Iberville, Livingston,
                                     Pointe Coupee, St. Helena, West
                                     Baton Rouge, and West Felicia.
------------------------------------------------------------------------

    If you are in one of these Louisiana parishes, you should refer to 
the Louisiana NOX rules to determine if and how today's 
action will affect you.

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 approves 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). For the same reason, this proposed rule also 
does not significantly or uniquely affect the communities of tribal 
governments, as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000). This proposed rule will 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), 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 Clean Air Act. This proposed 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 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. The proposed rule does 
not involve special consideration of environmental justice related 
issues as required by Executive Order 12898 (59 FR 7629, February 16, 
1994). As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this proposed 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 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings.'' 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, Carbon monoxide, 
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, 
Volatile organic compounds.

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

    Dated: July 15, 2002.
Gregg A. Cooke,
Regional Administrator, Region 6.
[FR Doc. 02-18576 Filed 7-22-02; 8:45 am]
BILLING CODE 6560-50-P