[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Proposed Rules]
[Pages 25000-25004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9481]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-LA-0001; FRL-7910-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Louisiana; Attainment Demonstration for the Shreveport-Bossier City 
Early Action Compact Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve revisions to the State 
Implementation Plan (SIP) submitted by the Louisiana Department of 
Environmental Quality (LDEQ) on December 28, 2004. The proposed 
revisions will incorporate the Shreveport-Bossier City Metropolitan 
Statistical Area (MSA) Early Action Compact (EAC) Air Quality 
Improvement Plan (AQIP) into the Louisiana SIP. EPA is proposing 
approval of the photochemical modeling in support of the attainment 
demonstration of the 8-hour ozone standard within the Shreveport-
Bossier City EAC area and is proposing approval of the associated 
control measures. EPA is proposing these actions as a strengthening of 
the SIP in accordance with the requirements of sections 110 and 116 of 
the Federal Clean Air Act (the Act). The revisions will contribute to 
improvement in air quality and continued attainment of the 8-hour 
National Ambient Air Quality Standard (NAAQS) for ozone.

DATES: Comments must be received on or before June 13, 2005.

ADDRESSES: Submit comments, identified by Regional Material in eDocket 
(RME) ID No. R06-OAR-2005-LA-0001, by one of the following methods:

[[Page 25001]]

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web site: http://docket.epa.gov/rmepub/. Regional Material 
in eDocket (RME), EPA's electronic public docket and comment system, is 
EPA's preferred method for receiving comments. Once in the system, 
select ``quick search,'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
    U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select ``Air'' 
before submitting comments.
    E-mail: Mr. Thomas Diggs at [email protected]. Please also cc 
the person listed in the FOR FURTHER INFORMATION CONTACT section below.
    Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-L), at fax 
number 214-665-7263.
    Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-L), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733.
    Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only 
between the hours of 8 a.m. and 4 p.m. weekdays except for legal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Regional Material in eDocket 
(RME) ID No. R06-OAR-2005-LA-0001. The EPA's policy is that all 
comments received will be included in the public file without change, 
and may be made available online at http://docket.epa.gov/rmepub/, 
including any personal information provided, unless the comment 
includes information claimed to be Confidential Business Information 
(CBI) or other information the disclosure of which is restricted by 
statute. Do not submit information through Regional Material in eDocket 
(RME), http://www.regulations.gov, or e-mail if you believe that it is 
CBI or otherwise protected from disclosure. The EPA RME Web site and 
the federal http://www.regulations.gov are ``anonymous access'' 
systems, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through RME or 
http://www.regulations.gov, your e-mail address will be automatically 
captured and included as part of the comment that is placed in the 
public file and made available on the Internet. If you submit an 
electronic comment, EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: All documents in the electronic docket are listed in the 
Regional Material in eDocket (RME) index at http://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly 
available, i.e., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in RME or in the official file which is 
available at the Air Planning Section (6PD-L), Environmental Protection 
Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file 
will be made available by appointment for public inspection in the 
Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m. 
weekdays except for legal holidays. Contact the person listed in the 
FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at 
(214) 665-7253 to make an appointment. If possible, please make the 
appointment at least two working days in advance of your visit. There 
will be a 15 cents per page fee for making photocopies of documents. On 
the day of the visit, please check in at the EPA Region 6 reception 
area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment:
    Louisiana Department of Environmental Quality, Office of 
Environmental Assessment, Airshed Planning Division, SIP Development 
Section, 602 North Fifth Street, Baton Rouge, Louisiana 70802.

FOR FURTHER INFORMATION CONTACT: Clovis Steib, III, Air Program Branch 
(6PD), EPA Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-
2733, telephone (214) 665-7566, [email protected]. or Carrie Paige, 
Air Planning Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202-2733, telephone (214) 665-6521, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``our,'' and ``us'' is used, we mean EPA.

Outline

I. What action are we proposing?
II. What is an EAC?
III. What is a SIP?
IV. What is the content of the Shreveport-Bossier City EAC 
attainment demonstration?
V. Why are we proposing to approve this EAC SIP submittal?
VI. What measures are we proposing to approve in this EAC SIP 
submittal?
VII. What happens if the area does not meet the EAC milestones?
VIII. Proposed Action
IX. Statutory and Executive Order Reviews

I. What Action Are We Proposing?

    Today we are proposing to approve a revision to the Louisiana SIP, 
under sections 110 and 116 of the Act, submitted to EPA by the LDEQ on 
December 28, 2004. The revision demonstrates attainment of the 8-hour 
ozone NAAQS within the Shreveport-Bossier City MSA and requests 
approval of the Shreveport-Bossier City EAC AQIP into the Louisiana 
SIP. The EAC is a voluntary agreement between the LDEQ, the Greater 
Shreveport Clean Air Citizens Advisory Committee (CACAC) and EPA. 
Within this agreement, CACAC represents the three parishes of Caddo, 
Bossier and Webster and the cities of Shreveport and Bossier City. The 
intent of this agreement, known as the Shreveport-Bossier City EAC or 
the EAC, is to reduce ozone pollution and thereby maintain the 8-hour 
ozone standard. The Shreveport-Bossier City EAC AQIP is the official 
attainment/maintenance plan for the MSA which was developed under the 
EAC program. LDEQ has submitted the AQIP to EPA for approval as a 
revision to the Louisiana SIP. The revision demonstrates, with 
photochemical modeling, attainment and maintenance of the 8-hour ozone 
standard in the Shreveport-Bossier City EAC area and includes local 
control measures. The Shreveport-Bossier City AQIP also sets forth a 
schedule to develop additional technical information about local ozone 
pollution, and adopt and implement emissions control measures to ensure 
that the Shreveport-Bossier City MSA achieves compliance with the 8-
hour ozone standard by December 31, 2007. Section VI of this rulemaking 
describes the control measures that will be implemented within the 
Shreveport-Bossier City EAC area.

[[Page 25002]]

    The monitored ozone concentrations in the Shreveport-Bossier City 
EAC area have not exceeded the federal 1-hour ozone standard. The EPA 
designated the Shreveport-Bossier City EAC area as attainment for the 
8-hour ozone standard on April 15, 2004 (69 FR 23858). The LDEQ has 
submitted these revisions to the SIP, with additional control measures, 
as preventive and progressive measures to avoid a future violation and 
to ensure long term maintenance of the 8-hour ozone standard within the 
affected area.

II. What Is an EAC?

    The Early Action Compact program was developed to allow communities 
an opportunity to meet the new stricter 8-hour ozone air quality 
standard sooner than the Act requires for reducing ground level ozone. 
The program was designed for areas that approach or monitor exceedances 
of the 8-hour standard, but are in attainment for the 1-hour ozone 
standard. The compact is a voluntary agreement between local 
communities, State air quality officials and EPA, which allows 
participating State and local entities to make decisions that will 
accelerate meeting the new 8-hour standard using locally tailored 
pollution controls instead of federally mandated measures. Early 
planning and early implementation of control measures that improve air 
quality will likely accelerate protection of public health. The EPA 
believes this program provides an incentive for early planning, early 
implementation, and early reductions of emissions leading to 
expeditious attainment and maintenance of the 8-hour ozone standard.
    Communities with EACs will have plans in place to reduce air 
pollution at least two years earlier than required by the Act. In 
December 2002, a number of States submitted compact agreements pledging 
to reduce emissions earlier than required by the Act for compliance 
with the 8-hour ozone standard. These States and local communities had 
to meet specific criteria and agreed to meet certain milestones for 
development and implementation of the compact. States with communities 
participating in the EAC program had to submit plans for meeting the 8-
hour ozone standard by December 31, 2004, rather than June 15, 2007, 
the deadline for other areas not meeting the standard. The EAC program 
required communities to develop and implement air pollution control 
strategies, account for emissions growth and demonstrate their 
attainment and maintenance of the 8-hour ozone standard. Areas that 
adopted EACs must establish a clean air action plan, meet other 
established milestones and attain the 8-hr ozone standard by December 
31, 2007. Greater details of the EAC program are explained in EPA's 
December 16, 2003 (68 FR 70108) proposed Federal Register notice 
entitled ``Deferral of Effective Date of Nonattainment Designations for 
8-hour Ozone National Ambient Air Quality Standards for Early Action 
Compact Areas.''
    On April 15, 2004, EPA designated all areas for the 8-hour ozone 
standard. The EPA deferred the effective date of nonattainment 
designations for EAC areas that were violating the 8-hour standard, but 
continue to meet the compact milestones. Details of this deferral were 
announced on April 15, 2004 as part of the Clean Air Rules of 2004, and 
published in the Federal Register on April 30, 2004 in the notice 
entitled ``Air Quality Designations and Classifications for the 8-Hour 
Ozone National Ambient Air Quality Standards; Early Action Compact 
Areas with Deferred Effective Dates'' (69 FR 23858).

III. What Is a SIP?

    The SIP is a set of air pollution regulations and control 
strategies developed by the state, to ensure that the state meets the 
National Ambient Air Quality Standards (NAAQS). These ambient standards 
are established under section 109 of the Act and they currently address 
six criteria pollutants: carbon monoxide, nitrogen dioxide, ozone, 
lead, particulate matter, and sulfur dioxide. The SIP is required by 
Section 110 of the Act. These SIPs can be extensive, containing state 
regulations or other enforceable documents and supporting information 
such as emission inventories, monitoring networks, and modeling 
demonstrations.

IV. What Is the Content of the Shreveport-Bossier City EAC Attainment 
Demonstration?

    The attainment demonstration contains analyses which estimate 
whether selected emissions reductions will result in ambient 
concentrations that meet the 8-hour ozone standard in the Shreveport-
Bossier City EAC area, and an identified set of measures which will 
result in the required emissions reductions. The demonstration 
incorporates the effects of population and industry growth, as well as 
national, state and local control measures required to be in place by 
2007 and 2012. The modeled attainment test is passed if all resulting 
predicted future design values are less than 85 parts per billion 
(ppb). The design value is the three year average of the annual fourth 
highest 8-hour ozone readings.
    In support of this proposal, the CACAC and LDEQ conducted an ozone 
photochemical modeling study developed for the Shreveport-Bossier City 
EAC area. This study meets EPA's modeling requirements and guidelines, 
including such items as the base year emissions inventory development, 
the growth rate projections, and the performance of the model. See our 
Technical Support Document (TSD) for detailed information on this 
modeling study.
    The modeling submitted in support of this proposal simulated the 
complex processes leading to high ozone in the Shreveport-Bossier City 
EAC area. The modeling results indicate that, despite the area's 
expected growth in population between 2007 and 2012, the expected 
emission reductions from both the EAC AQIP measures and national 
measures provide improvement in ozone air quality and maintenance of 
the 8-hour standard in the EAC area. The modeling results demonstrate 
that the Shreveport-Bossier City EAC area would continue in attainment 
with the 8-hour ozone NAAQS in 2007 and 2012. The modeling predicts a 
maximum ozone design value of 84 ppb in 2007 and 83 ppb in 2012, both 
of which are below the 8-hour ozone standard of 85 ppb. The EPA is 
proposing to approve the LDEQ's 8-hour ozone attainment demonstration 
and AQIP, including the control measures listed in section VI, for the 
Shreveport-Bossier City EAC area.

V. Why Are We Proposing To Approve This EAC SIP Submittal?

    We are proposing to approve this EAC SIP submittal because 
implementation of the requirements in this EAC AQIP will help ensure 
the Shreveport-Bossier City EAC area's compliance with the 8-hour ozone 
standard by December 13, 2007 and maintenance of that standard through 
2012. We have reviewed the submittals and determined that they are 
consistent with the requirements of the Act, EPA's policy, and the EAC 
protocol. Our Technical Support Document (TSD) contains detailed 
information concerning this rulemaking action.
    We are proposing approval of the EAC AQIP as a strengthening of the 
SIP which will yield improvements in air quality to the Shreveport-
Bossier City EAC communities. EPA has determined that the State and 
local area have fulfilled the milestones and obligations of the EAC 
Program to date.

[[Page 25003]]

VI. What Measures Are Included in This EAC SIP Submittal?

    To help achieve attainment, the CACAC developed a list of control 
measures for the EAC that the City of Shreveport and local, private 
industries have committed to implement by December 31, 2005. These 
control measures were adopted by the State, are quantifiable, 
permanent, and will provide reductions in nitrogen oxides 
(NOX) and volatile organic compounds (VOCs) in the 
Shreveport-Bossier City EAC area; NOX and VOCs are 
precursors to and aid in the formation of ozone.
    Local control measures in the EAC AQIP have been included in the 
model runs and are predicted to provide the following reductions: (1) 
Installation of an intelligent transportation system in Shreveport, 
projected to reduce NOX by 0.01 tons per day (tpd) and VOCs 
by 0.048 tpd. (2) A permit modification for a VOC abatement system, 
installed at the General Motors plant in Caddo Parish as part of their 
new product line and is projected to reduce VOCs by 1.37 tpd. This is 
codified in Title V permit 0500-0047-V1, dated 7/31/2001 and PSD permit 
PSD-LA-646, dated 3/24/2000, issued by the LDEQ and submitted as part 
of the AQIP. (3) A permit modification at Center Point Energy in 
Bossier Parish is projected to reduce NOX by 2.56 tpd and 
VOCs by 0.014 tpd. The plant serves to remove natural gas liquids from 
gas streams for commercial purposes and an upgrade in the separation 
process will reduce the need for a significant number of process 
equipment and corresponding emissions from these units. The permit 
(0400-00006-02) was provided in the EAC SIP submittal. (4) The 
installation of energy conservation equipment in 33 city buildings 
throughout the EAC area is estimated to reduce NOX by 0.041 
tpd. This measure is consistent with EPA's August 5, 2004 Guidance on 
SIP Credits for Emission Reductions from Electric-Sector Energy 
Efficiency and Renewable Energy Measures and EPA's September 2004 
guidance on Incorporating Emerging and Voluntary Measures in a SIP. (5) 
The purchase and use of one hybrid electric bus in Shreveport is 
projected to reduce NOX by 0.002 tpd.
    These local control measures are described in detail in the TSD and 
will be incorporated by reference in the Code of Federal Regulations in 
the final approval action. Detailed information is necessary for 
emission reduction measures in the SIP to ensure that they are specific 
and enforceable as required by the Act and the EAC protocol and 
reflected in our policy. The description of these emission reduction 
measures includes the identification of each project, location, length 
of each project (if applicable), a brief project description, 
implementation date and emissions reductions for both VOCs and 
NOX.
    Though not quantified and thus not included in the modeling, 
installation and use of a gas collection system on Shreveport's 
municipal solid waste landfill is also expected to provide emission 
reductions.We are proposing to approve the local control measures 
listed above. In compliance with the next EAC milestone, these measures 
will be implemented on or before December 31, 2005. The TSD contains 
additional information on each of these control measures.
    According to the EAC protocol, the AQIP must also include a 
component to address maintenance for growth at least 5 years beyond 
2007, ensuring the area will remain in attainment of the 8-hour ozone 
standard through 2012. The Shreveport-Bossier City EAC area has 
developed an emissions inventory for the year 2012, as well as a 
continuing planning process to address this essential part of the plan.
    The expected changes in emissions between 2000 and 2012 result in a 
24 percent reduction in anthropogenic NOX emissions and a 21 
percent reduction in anthropogenic VOC emissions. These projections 
indicate that precursor NOX and VOC emissions in the EAC 
area are expected to decrease further in 2012 compared to 2007 as a 
result of vehicle fleet turnover and a number of new national rules 
affecting on-road and off-road engine and fuel requirements (see the 
TSD for details on the Clean Air Diesel and Clean Air Nonroad Diesel 
rules). Using air quality models to anticipate the impact of growth, as 
well as the federal, state-assisted and locally-implemented measures to 
reduce emissions, the State has projected the area will be in 
attainment of the 8-hour ozone standard in 2007 and will remain in 
attainment through 2012.
    To fulfill the planning process, the EAC signatories will review 
all EAC activities and report on these results in their semi-annual 
reports, beginning in June 2005. The semi-annual reviews will provide a 
description of whether the area continues to implement its control 
measures, the emissions reductions being achieved by the control 
measures in place, and the improvements in air quality that are being 
made. Each report must track and document, at a minimum, control 
strategy implementation and results, monitoring data and future plans. 
Ongoing, updated emissions inventories and modeling analyses will be 
included as they become available. After each semi-annual review, 
additional control measures may be considered and, if necessary, 
adopted through revisions to this SIP.
    The elements that address maintenance for growth meet the EAC 
protocol. EPA has reviewed the modeling and emission projections and 
proposes to approve the demonstration of attainment.

VII. What Happens if the EAC Area Does Not Meet the EAC Milestones?

    On April 15, 2004, EPA designated the Shreveport-Bossier City EAC 
area as attainment for the 8-hour ozone standard. The measures outlined 
in the Shreveport-Bossier City EAC SIP submittal provide sufficient 
information to conclude that the Shreveport-Bossier City EAC area will 
complete each compact milestone requirement, including attainment of 
the 8-hour ozone standard by 2007. However, one of the principles of 
the EAC protocol is to provide safeguards to return areas to 
traditional SIP requirements should an area fail to comply with the 
terms of the compact. If, as outlined in our guidance and in 40 CFR 
81.300, a compact milestone is missed and the Shreveport-Bossier City 
EAC area is still in attainment of the 8-hour ozone standard, we would 
take action to propose and promulgate a finding of failure to meet the 
milestone, but the 8-hour ozone attainment designation and the approved 
SIP elements would remain in effect. If the EAC area subsequently 
violates the 8-hour ozone standard and the area has missed a compact 
milestone, we would also consider factors in section 107(d)(3)( A) of 
the Act in deciding whether to redesignate the EAC area to 
nonattainment for the 8-hour ozone NAAQS. See 69 FR 23858, 23871.

VIII. Proposed Action

    EPA is proposing to approve the attainment demonstration, its 
associated control measures, and the Shreveport-Bossier City EAC AQIP 
and incorporate these into the Louisiana SIP as a strengthening of the 
SIP. The modeling of ozone and ozone precursor emissions from sources 
in the Shreveport-Bossier City EAC area demonstrate that the specified 
control strategies will provide for attainment of the 8-hour ozone 
NAAQS by December 31, 2007.

IX. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory

[[Page 25004]]

action'' and therefore is not subject to review by the Office of 
Management and Budget. For this reason and because this action will not 
have a significant, adverse effect on the supply, distribution, or use 
of energy, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Effect 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 under the National Technology Transfer 
and Advancement Act of 1995 (15 U.S.C. 272 note), EPA's role is to 
approve state actions, 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 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 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: May 4, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 05-9481 Filed 5-11-05; 8:45 am]
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