[Federal Register Volume 67, Number 141 (Tuesday, July 23, 2002)]
[Proposed Rules]
[Pages 48090-48094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18580]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-61-3-7565; FRL-7250-4]


Approval of Revisions to the Louisiana Department of 
Environmental Quality Title 33 Environmental Quality Part III. Air 
Chapter 5. Permit Procedures, 504. Nonattainment New Source Review 
Procedures

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 State of Louisiana's State Implementation Plan (SIP). The revisions 
concern the nonattainment New Source Review (NSR) procedures for the 
five-parish Baton Rouge ozone nonattainment area (hereinafter referred 
to as the Baton Rouge area). The revisions include increases to the 
minimum offset ratios for new major stationary sources and major 
modifications at major stationary sources in nonattainment areas. The 
minimum offset ratios were increased for classifications of serious and 
severe ozone nonattainment. The revisions will also allow an increase 
in volatile organic compound (VOC) emissions to be offset by a decrease 
in emissions of nitrogen oxides (NOX) if the net result is a 
decrease in ozone levels. The revisions require that if NOX 
emissions decreases are used for VOC emissions increases, the permit 
for which the offsets are required must have been issued on or before 
November 15, 2005 and meet additional requirements to ensure a net air 
quality benefit.
    Major stationary sources that plan to build or modify in a 
nonattainment area must obtain these emissions offsets as a condition 
of permit approval. Emissions offsets are reductions in actual 
emissions from existing sources in the vicinity of the proposed new 
source. The EPA proposes to approve the use of these revisions as a 
component of the Louisiana plan to bring the Baton Rouge nonattainment 
area into compliance with the Clean Air Act (CAA or the Act).

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

ADDRESSES: Written comments should be sent to:
    David Neleigh, Chief, Air Permits 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 Environmental 
Protection Agency, Region 6, Air Permits Section (6PD-R), 1445 Ross 
Avenue, Dallas, Texas 75202-2733; and the Louisiana Department of 
Environmental Quality, 7920 Bluebonnet Boulevard, Baton Rouge, 
Louisiana 70884. Please contact the appropriate office at least 24 
hours in advance.

FOR FURTHER INFORMATION CONTACT: Ms. Laura Stankosky, Air Permits 
Section (6PD-R), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733, telephone (214) 665-7525.

[[Page 48091]]


SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This section provides 
additional information by addressing the following questions:

I. What action is the EPA taking?
II. Why is this action necessary?
III. What does this action do?
IV. What is the Baton Rouge ozone nonattainment area?
V. Whom does this action affect?
VI. What is the history of the LDEQ nonattainment NSR program?
VII. Are the nonattainment NSR revisions approvable?
VIII. How does the State's NSR regulation In Chapter 5 interact with 
The NOX control regulation in Chapter 22 and the revised 
banking regulation in Chapter 6?
IX. Administrative Requirements.

Background

I. What action Is the EPA Taking?

    The EPA is proposing to approve changes to the State of Louisiana's 
nonattainment NSR procedures for the five-parish Baton Rouge ozone 
nonattainment area. These revisions to the nonattainment NSR procedures 
are part of the changes the state is making to the SIP to address the 
CAA pollution control requirements for ozone nonattainment areas. These 
changes revise Section 504, previously approved by the EPA on May 31, 
2001 (66 FR 29491). NSR is a permitting program that regulates the 
construction of new major stationary sources of air pollution and major 
modifications to existing major sources. These sources are required by 
the CAA to obtain an air pollution permit before beginning 
construction.
    The revisions include increases to the minimum offset ratios for 
new major stationary sources and major modifications at major 
stationary sources in nonattainment areas. The minimum offset ratios 
were increased for classifications of serious and severe ozone 
nonattainment. The revisions will also allow an increase in VOC 
emissions to be offset by a decrease in emissions of NOX. 
The revisions require that if NOX emissions decreases are 
used for VOC emissions increases, the permit for which the offsets are 
required must have been issued on or before November 15, 2005.
    Major stationary sources that plan to build or modify in a 
nonattainment area must obtain these emissions offsets as a condition 
of permit approval. Emissions offsets are reductions in actual 
emissions from existing sources in the vicinity of the proposed new 
source.

II. Why Is This Action Necessary?

    The Baton Rouge area was classified as a serious ozone 
nonattainment area (40 CFR 81.319). We received the Louisiana rule that 
we are considering in this proposed action on December 31, 2001, as a 
component of the an Attainment Plan and Transport Demonstration 
(hereinafter, the Attainment Plan/Transport SIP) for the Baton Rouge 
area submitted by the LDEQ. This revision to the Attainment Plan/
Transport SIP specifies emission reduction strategies designed to bring 
the Baton Rouge area into compliance with the ozone NAAQS. One 
component of the Attainment Plan/Transport SIP is the revised 
nonattainment NSR rule that has been enacted at Louisiana 
Administrative Code (LAC) 33:III.504. This action is necessary to 
determine whether that revised rule is an approvable component of the 
Attainment Plan/Transport SIP.

III. What Does This Action Do?

    In this action, we are proposing to approve revisions to the 
Louisiana SIP that have been enacted at Louisiana Administrative Code 
(LAC) 33:III.504, which contains the rules for nonattainment NSR 
procedures that will apply to the Baton Rouge area. The LAC revisions 
include increases to the minimum offset ratios for new major stationary 
sources and major modifications to major stationary sources in the 
Baton Rouge area. The revisions also add minimum offset ratios for 
NOX. For a nonattainment area with a classification of 
serious for ozone, the new minimum offset ratio for VOCs and for 
NOX is 1.20 to 1 with Lowest Achievable Emission Rate (LAER) 
technology or 1.40 to 1 without LAER using internal offsets. For a 
nonattainment area classified severe for ozone, the new minimum offset 
ratio for VOCs and for NOX is 1.30 to 1 with LAER technology 
or 1.50 to 1 without LAER using internal offsets. As defined by section 
171 of the CAA, the term LAER refers to either the most stringent 
emission limit contained in the state plan of any state for the 
applicable category of sources, or the most stringent emission 
limitation achieved in practice within an industrial category.
    The revisions also allow an increase in VOC emissions to be offset 
by a decrease in emissions of NOX. The EPA defines this type 
of ``offset,'' the trading of emission reductions of one pollutant's 
precursors for emission reductions of a different precursor for that 
pollutant, as inter-precursor trading. See ``Improving Air Quality with 
Economic Incentive Programs,'' EPA-452/R-01-011(EPA Office of Air and 
Radiation, January 2001) (hereinafter, the EIP Guidance). Under the 
revised rule, all emission reductions claimed as offset credit for 
significant net NOX increases shall be from decreases of 
NOX. NOX credits will be allowed to offset VOC 
increases, but not vice versa. All emission reductions claimed as 
offset credit for significant net VOC increases shall be from decreases 
of either NOX or VOCs, or any combination of NOX 
and VOC decreases. If NOX decreases are used for VOC 
increases, the permit for which the offsets are required shall have 
been issued on or before November 15, 2005. The LDEQ has identified 
November 15, 2005, as a ``sunset date'' after which no permits will be 
issued or modified allowing NOX credits to offset VOC 
increases. Revisions to the required offset credit ratio are listed in 
Table 1.

                  Table 1.--Minimum Offset Ratios for New and Modified Major Stationary Sources
----------------------------------------------------------------------------------------------------------------
                                                     Major
                                                   stationary      Major
                                                     source    modification
                    Pollutant                      threshold    significant          Offset ratio minimum
                                                     values    net increase
                                                  (tons/year)   (tons/year)
----------------------------------------------------------------------------------------------------------------
                         Major Stationary Source/ Major Modification Emission Threshold
----------------------------------------------------------------------------------------------------------------
Ozone VOC/NOX Marginal..........................          100       40 (40)  1.10 to 1
Moderate........................................          100       40 (40)  1.10 to 1
Serious.........................................           50        25 (5)  1.20 to 1 w/LAER or 1.4 to 1
                                                                              internal w/out LAER

[[Page 48092]]

 
Severe..........................................           25        25 (5)  1.30 to 1 w/LAER or 1.5 to 1
                                                                              internal w/out LAER
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    The Attainment Plan/Transport SIP includes an enforceable 
commitment to perform and submit a mid-course review by May 1, 2004. 
This mid-course review would include, among other things, a re-
evaluation of the ratio of NOX to VOC emissions reductions 
needed for attainment.

IV. What Is the Baton Rouge Ozone Nonattainment Area?

    The Baton Rouge ozone nonattainment area, located in southern 
Louisiana, consists of East Baton Rouge, West Baton Rouge, Ascension, 
Iberville, and Livingston Parishes (40 CFR 81.319).

V. Whom Does This Action Affect?

    This action applies to the construction of any new major stationary 
source or to any major modification at a major stationary source within 
the Baton Rouge area. Section 182 of the CAA defines ``major source'' 
with respect to each category of ozone nonattainment classification 
area, as shown in Table 2. Any source that emits or has the potential 
to emit 50 tons or more of VOC or NOX and is located in an 
area classified as serious is considered a major source. Any source 
that emits or has the potential to emit 25 tons or more of VOC or 
NOX and is in an area classified as severe is considered a 
major source.

            Table 2.--Definitions of Major Stationary Sources
------------------------------------------------------------------------
                                                Potential to emit  (tons/
                                                          year)
                                               -------------------------
   Attainment status of area where source is                   Volatile
                    located                       Nitrogen     organic
                                                   oxides     compounds
                                                   (NOX)        (VOC)
------------------------------------------------------------------------
Attainment areas..............................          100          100
Nonattainment areas:
    Marginal..................................          100          100
    Moderate..................................          100          100
    Serious...................................           50           50
    Severe....................................           25           25
    Extreme...................................           10           10
------------------------------------------------------------------------

    The requirements of the revised rule do not apply to NOX 
increases for any applications deemed administratively complete before 
December 20, 2001. Additionally, under the revised rule the 1.40 to 1 
VOC internal offset ratio (without LAER) for serious ozone 
nonattainment areas shall not apply to such applications. Instead, a 
1.30 to 1 internal offset ratio shall apply to VOC if LAER is not 
utilized. (With LAER, the applicable ratio is 1.20 to 1, regardless of 
application date.) Further, sources exempt from nonattainment NSR 
requirements for NOX increases will still be subject to the 
construction schedule and other provisions of the EPA's Transitional 
Guidance. See memoranda from John Seitz, dated March 11, 1991, ``New 
Source Review (NSR) Program Transitional Guidance,'' and September 3, 
1992, ``New Source Review (NSR) Program Supplemental Transitional 
Guidance on Applicability of New Part D NSR Permit Requirements.''

VI. What Is the History of the LDEQ Nonattainment NSR Program?

    The current provisions for nonattainment NSR for permitting new 
major stationary sources and major modifications at major stationary 
sources in the Baton Rouge area are found at LAC 33:III.504. The EPA 
approved the original regulations on May 31, 1972, (37 FR 10869) with 
the Louisiana SIP. A number of revisions to the regulations were 
approved between 1972 and the present. These revisions are outlined in 
40 CFR part 52, subpart T, for Louisiana. Under sections 107(d)(1)(C) 
and 181(a) of the Act, the Baton Rouge area was designated 
nonattainment for the 1-hour ozone NAAQS and classified as ``serious'' 
based on its design value of 0.164 ppm in 1989. These nonattainment 
designations and classifications were codified in 40 CFR part 81 (see 
56 FR 56694, November 6, 1991).
    On January 26, 1996 (61 FR 2438), we granted an exemption under 
section 182(f) of the CAA from the reasonably available control 
technology (RACT) and nonattainment NSR requirements for major 
stationary sources of NOX. In granting these exemptions we 
reserved the right to reverse the approval of the exemptions if 
subsequent modeling data demonstrated an ozone attainment benefit from 
NOX emissions controls. We approved the Louisiana 
nonattainment NSR (LAC 33:III.504) procedures October 10, 1997 (62 FR 
52951) and revisions to Section 504 on January 5, 1999 (64 FR 415) and 
May 31, 2001 (66 FR 29491).
    On May 9, 2001, we proposed our finding that the Baton Rouge ozone 
nonattainment area failed to attain the 1-hour ozone NAAQS by the 
applicable attainment date (66 FR 23646). The LDEQ requested rescission 
of the NOX waivers for the Baton Rouge area on September 24, 
2001, based on revised

[[Page 48093]]

modeling that demonstrated that NOX controls will contribute 
to attaining the ozone NAAQS, and on December 31, 2001, we received 
from the LDEQ, the Attainment Plan/Transport SIP for the Baton Rouge 
area which included these revisions to the minimum offset ratios for 
new major stationary sources and major modifications at major 
stationary sources in the Baton Rouge area. We proposed approval of the 
rescission of the NOX exemptions on May 7, 2002 (67 FR 
30638).
    On December 20, 2001, Louisiana enacted the revisions to its rule 
for nonattainment NSR, LAC 33:III.504, that are the subject of this 
proposed rule.

VII. Are the Nonattainment NSR Revisions Approvable?

    Yes, the nonattainment NSR revisions are approvable. The revisions 
to the LAC 33:III.504, rules for nonattainment NSR procedures for the 
Baton Rouge area, fulfill the requirements at Section 172(c)(5) of the 
CAA and at 40 CFR 51.165. The LAC revisions for changes to the minimum 
offset ratios fulfill offset requirements for both serious and severe 
ozone nonattainment areas as described in Sections 182(c)(6), (8), & 
(10) and 182(d)(2) of the CAA and are, in fact, more stringent than 
required by the Act.
    The Attainment Plan/Transport SIP revisions also allow an increase 
in VOC emissions to be offset by a decrease in emissions of 
NOX using the ratios set forth in Table 1. As previously 
noted, the EPA defines this type of ``offset,'' the trading of emission 
reductions of one pollutant's precursors for emission reductions of a 
different precursor for that pollutant, as inter-precursor trading 
(IPT). While the EPA does not have specific requirements for IPT that 
apply to all circumstances, we recognize that IPT can be allowed under 
limited circumstances. Our position on IPT can be found at Appendix 
16.9 in the EIP Guidance. An EIP is a regulatory program that achieves 
an air quality objective by providing market-based incentives or 
information to emission sources. For example, a uniform emission 
reduction requirement, based for instance on installation of a required 
emission control technology, does not take account of variations in 
processes, operations, and control costs across sources even of the 
same type, such as electric utilities, or petroleum refiners. An EIP 
empowers sources to find the means that are most suitable and most 
cost-effective for their particular circumstances, by providing 
flexibility in how sources meet an emission reduction target. Because 
this revision to the nonattainment NSR rule is not itself a market-
based program for achieving air quality improvements (and is therefore 
not an EIP as defined by the EPA), we did not evaluate LAC 33:III.504 
with respect to Appendix 16.9 of the EIP Guidance. However, because the 
IPT guidance provided in the EIP document applies generally to NSR 
offsets, the EPA determined that the LDEQ rule is consistent with the 
IPT provisions in the EIP Guidance.
    In the December 2001 SIP submission, the LDEQ conducted attainment 
demonstration modeling, which indicated that a reduction in 
NOX emissions and a further reduction in VOC emissions are 
required in the Baton Rouge area to lower ozone levels. As is 
recognized in the CAA, VOCs and NOX emissions combine in the 
atmosphere to create ozone, and accordingly a reduction in the levels 
of these pollutants can lower ozone levels. Furthermore, Section 
182(c)(2)(C) of the CAA provides for states with ozone problems to 
substitute NOX reductions for VOC reduction in their 
Attainment and Reasonable Further Progress (RFP) Plans.
    In allowing substitution of NOX emission reductions for 
VOC emission reductions, Section 182(c)(2)(C) of the CAA states that 
the resulting reductions ``in ozone concentrations'' must be ``at least 
equivalent'' to that which would result from 3% VOC reductions required 
as a demonstration of RFP under Section 182(c)(2)(B). Our 
NOX Substitution Guidance (EPA, December 1993) provides that 
the RFP reductions should be consistent with those needed for 
attainment and that the Attainment and RFP Plans show that reduction of 
NOX consistent with those needed for attainment can be 
accepted as equivalent to what would be required for a VOC-only 
attainment. The LDEQ's current nonattainment NSR procedures also 
require that emission reduction claimed as offset credit shall be 
sufficient to ensure RFP toward attainment.
    The pollutants being offset must impact the environment in a 
similar manner and increases in emission of VOCs cannot be replaced 
with another VOC of lesser reactivity (40 CFR 51.165(a)(3)(ii)(D)). 
Additionally, 40 CFR 51.100(s) defines VOCs; this regulation and LAC 
33:III.2117 also define ``non-VOCs'' or carbon-containing compounds 
which do not participate in atmospheric photochemical reactions which 
may produce ozone. These ``non-VOCs'' would not be eligible for the 
proposed emission offsets.
    An increase in VOC emissions offset by a decrease in emissions of 
NOX should be analyzed for the extent of impact from each 
pollutant involved. The LDEQ has agreed in implementing this provision 
to evaluate such trades on a case-by-case basis. See letter from Dale 
Givens, Secretary of LDEQ, to Gregg Cooke, Regional Administrator, U.S. 
EPA, Region 6 (May 3, 2002). Additionally, in response to a comment 
sent by us on the proposed SIP revisions, LDEQ confirmed that further 
Urban Airshed Modeling would be required on a case-by-case basis if new 
data or evidence comes to light that indicates a NOX for VOC 
trade will not be beneficial to the environment.
    IPT has received limited proposed approval from the EPA in the 
State of New Hampshire (66 FR 9278). It has also received limited 
approval in several air quality districts in California (Bay Area, 65 
FR 56284; El Dorado, 65 FR 4887; Sacramento Metropolitan area; San 
Diego County, 64 FR 42892; San Joaquin Valley, 65 FR 58252), and is 
being considered for two more (the South Coast area and the Mojave 
Desert area).
    The Attainment Plan/Transport SIP revisions change only specific 
portions of the LDEQ regulations. The current regulations found at LAC 
33:III.504 continue to require that emission offsets provide a net air 
quality benefit, and are federally enforceable before commencement of 
construction of the proposed new source or major modification. The 
emission offsets must meet all applicable state requirements, any 
applicable new source performance standard in 40 CFR part 60, and any 
national emission standard for hazardous air pollutants in 40 CFR part 
61 or part 63. Also the current state regulations state that issuance 
of a permit by LDEQ does not relieve any owner or operator of the 
responsibility to comply with the provisions of local, state, or 
federal law.
    The Technical Support Document for this action provides a more 
detailed discussion of our proposed approval.

VIII. How Does the State's NSR Regulation in Chapter 5 Interact With 
the NOX Control Regulation in Chapter 22 and the Revised 
Banking Regulation in Chapter 6?

    The State has recently revised the NOX control 
regulation in Chapter 22. This NOX Reasonably Available 
Control Technology (RACT) rule requires stationary sources to comply 
with a more strict emission limitation during the State's five month 
ozone season. Typically a stationary source reduces emissions below the 
baseline to generate surplus emission reduction credits. Due to the 
revised NOX rule, the allowable

[[Page 48094]]

emission limitation for a stationary source could potentially have two 
values, one for the five month ozone season and another for the seven 
month non-ozone season. For a fuller explanation of the area's ozone 
seasons, see LAC III:33 Chapter 22, and the separate EPA rule-making to 
be issued regarding that chapter.
    Thus, the baseline emissions for the stationary source, which are 
used to determine surplus emission reduction credits for offset 
permitting purposes, could have two different values. In order to 
accurately determine the surplus emission reduction credits (ERCs) to 
be used in the nonattainment NSR permitting, the baseline emissions and 
surplus ERCs must be determined for the two time periods. The 
NOX ERCs for any annual time period will consist of the ERCs 
for the five month ozone season and the ERCs from the seven month non-
ozone season. Offset requirements for new sources derive from Section 
173(a)(1)(A) of the Act, which concerns ``total'' emissions and does 
not address the use of emission offsets for nonattainment permitting 
over periods of less than one year. Therefore, the NOX ERCs 
to be used in all nonattainment NSR permitting under Chapter 5 must be 
determined by adding the ERCs from the ozone season and the non-ozone 
season.
    With respect to all offsets under Chapter 5 and all ERCs under 
Chapter 6, the total NOX emission increases during the ozone 
season must be offset by NOX ERCs from the ozone season. 
Non-ozone season NOX increases may be met by either ozone or 
non-ozone NOX ERCs. The annual NOX increase must 
be offset by the total combination of ozone and non-ozone season 
surplus NOX emission reduction credits.
    The stated purpose of the revised emissions banking rule in Chapter 
6 is to enable stationary sources to identify and acquire emission 
reductions for NSR purposes. The Chapter 6 rule does not address the 
requirement to keep separate certifying, determining and recording 
procedures for NOX ERCs during the ozone and non-ozone 
seasons. The identification, certification, acquisition, recordkeeping 
and determination of ``Surplus When Used'' emission reduction credits 
must be for the ozone season and the non-ozone season time periods. The 
State has indicated by letter from Mr. Dale Givens to EPA dated May 3, 
2002 that the State would implement the rule by operating the emissions 
reduction bank in such a manner. EPA requests that in response to 
comments on EPA's proposed approval of the Chapter 5 and Chapter 6 
rules, the State affirm and detail the procedures for the determination 
of NOX surplus emission reduction credits resulting from the 
split emission limitations for the NOX RACT rule in Chapter 
22.
    The emission offset provisions contained in the Chapter 5 
nonattainment NSR rules indicate that offsets of VOC emissions may be 
met by surplus NOX emission reductions. The VOC emission 
offsets met by surplus NOX ERCs must be for both the ozone 
season and non-ozone seasons. In other words, VOC emission increases 
during the ozone season must be offset by NOX ERCs from the 
ozone season. Non-ozone season VOC increases may be met by either ozone 
or non-ozone NOX ERCs. The annual VOC increase must be 
offset by the total combination of ozone and non-ozone season surplus 
NOX emission reduction credits.

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, Hydrocarbons, 
Intergovernmental relations, Ozone, Nitrogen oxides, Volatile organic 
compounds, Reporting and recordkeeping requirements.

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

    Dated: July 15, 2002.
Gregg A. Cooke,
Regional Administrator, Region 6.
[FR Doc. 02-18580 Filed 7-22-02; 8:45 am]
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