[Federal Register Volume 67, Number 147 (Wednesday, July 31, 2002)]
[Proposed Rules]
[Pages 49647-49649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19320]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-63-1-7563; FRL-7253-2]


Approval and Promulgation of Implementation Plans; Louisiana; 
Control of Emission of Nitrogen Oxides from Lean Burn Engines Within 
the Baton Rouge Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed approval.

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SUMMARY: The EPA is proposing approval of rules into the Louisiana 
State Implementation Plan (SIP). In this rulemaking we are proposing to 
approve, by parallel processing, revisions proposed on April 8, 2002, 
by the State of Louisiana to the Nitrogen Oxides (NOX) rules 
for stationary internal combustion engines/lean burn engines (lean burn 
engines), within the Baton Rouge (BR) ozone nonattainment area (the 
April 8, 2002, SIP revision). The State of Louisiana proposed the April 
8, 2002, SIP revision to regulate NOX emissions from lean 
burn engines within the BR ozone nonattainment area. Section one of 
this document explains more about this approval. The April 8, 2002, SIP 
revision 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 these 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 30, 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 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 are we proposing to approve?
2. What is the current applicability size limit for lean burn 
engines within the BR area?
3. What does the proposed SIP revision for lean burn engines in the 
BR area say?
4. What Are NOX?
5. What is a nonattainment area?
6. What is definition of a major source for NOX?
7. What is a State Implementation Plan?
8. What is the Federal approval process for a SIP?
9. What does Federal approval of a SIP mean to me?
10. What areas in Louisiana will the proposed SIP revision for lean 
burn engines affect?
    Throughout this document ``we,'' ``us,'' and ``our'' means EPA.

1. What Are We Proposing To Approve?

    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. We 
published our proposal to approve the February 27, 2002 SIP revision in 
a separate Federal Register (67 FR 48095, July 23, 2002).
    On April 8, 2002, the Governor of Louisiana submitted rule 
revisions to LAC:33:III, Chapter 22, ``Control of Emissions of Nitrogen 
Oxides,'' (AQ224), as a revision to the Louisiana SIP for lean burn 
engines in the BR ozone nonattainment area. The BR area constitutes the 
5 ozone nonattainment parishes of Ascension, East Baton Rouge, 
Iberville, Livingston, and West Baton Rouge (40 CFR 81.319). This SIP 
revision concerns Reasonably Available Control Technology (RACT) for 
lean burn engines in these 5 parishes. 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.
    On April 8, 2002, the Governor of Louisiana submitted a letter to 
us requesting that we propose approval of their rule revision 
concerning RACT for lean burn engines through ``parallel processing.'' 
See 40 CFR part 51, Appendix V for more information on ``parallel 
processing.'' 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 are proposing to process and approve the April 8, 2002, SIP 
revision at the same time as the State is accepting comments and 
finalizing this rule revision. We refer to this method of 
simultaneously processing and approving a State's proposed rule 
revision as ``parallel processing.'' We have based our proposed 
parallel approval on the State's proposal dated April 8, 2002. If the 
State's final rule revision is significantly different from its April 
8, 2002, revision we will re-propose our rulemaking on the revision.
    We are proposing approval of this rule revision under Part D, and 
section 182(c) of the Act because Louisiana is relying on these 
NOX reductions to demonstrate attainment of the 1-hour ozone 
standard in the BR 1-hour ozone nonattainment area.

2. What Is the Current Applicability Size Limit for Lean Burn Engines 
Within the BR Area?

    The current applicability size limit for lean burn engines in the 
BR ozone nonattainment area, is set at 1500 horse power (Hp) or more. 
The NOX emission specification for lean burn engines 
operating in the BR ozone nonattainment area is 4 grams per Hp-hour. 
For more information on how the emission specification is derived, 
please see the docket for this proposed action.

3. What Does the Proposed SIP Revision for Lean Burn Engines in the BR 
Area Say?

    The State's proposed SIP revision will lower the applicability size 
limit for lean burn engines operating within the BR ozone nonattainment 
area (5 parishes) from 1500 Hp or more to 320 Hp or more. However, the 
NOX emission specification for lean burn engines operating 
within the BR ozone nonattainment area will remain unchanged at 4 grams 
per Hp-hour. See

[[Page 49648]]

Chapter 22, section D of Louisiana's rule revisions.
    We believe that lowering the applicability size limit for lean burn 
engines within the BR ozone nonattainment area will bring the major 
source threshold limit for such engines into agreement with the 
definition of major source found in section 182(c) of the Act. We also 
believe that the resulting NOX emission reductions, due to 
the lower applicability size limit for lean burn engines within the BR 
area, will contribute to the attainment of the 1-hr ozone standard in 
the BR area.
    For NOX regulatory purposes, the LAC 33:III, Chapter 22 
requires a source to operate at RACT or more stringent levels during 
the May 1 through September 30 (ozone season) time frame. 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. We have included 
State's May 3, 2002, letter in the docket for this rulemaking.
    We are proposing approval of these rules revisions under Part D of 
the Act because Louisiana is relying on these NOX reductions 
to demonstrate attainment of the 1-hour ozone standard in the BR ozone 
nonattainment area. We will be proposing action on Louisiana's 
attainment demonstration in a separate FR publication.

4. What Are NOX?

    Nitrogen oxides belong to the group of criteria air pollutants. The 
NOX result 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.

5. 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.

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

    The BR area was designated a serious ozone nonattainment area (40 
CFR 81.319). 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 
point sources within the BR area is 50 tpy or more, when uncontrolled.

7. 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.

8. 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.

9. 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.

10. What Areas in Louisiana Will the Proposed SIP Revision for Lean 
Burn Engines Affect?

    The following table contains a list of parishes affected by the 
proposed rule revision that we are proposing to approve. 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.

   Table I.--Rule Log Number and Affected Areas for Louisiana NOX SIP
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       Rule log number                     Affected areas
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LAC 33:III:2201 (AQ224)       Ascension, East Baton Rouge, Iberville,
 provisions.                   Livingston, and West Baton Rouge
                               parishes.
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[[Page 49649]]

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, 
Hydrocarbons, Nitrogen dioxide, Nitrogen oxides, Nonattainment, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: July 23, 2002.
Gregg A. Cooke,
Regional Administrator, Region 6.
[FR Doc. 02-19320 Filed 7-30-02; 8:45 am]
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