[Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8355]
[[Page Unknown]]
[Federal Register: April 7, 1994]
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
40 CFR Part 52
[LA-13-1-5940; FRL-4860-6]
Approval and Promulgation of Implementation Plan: Louisiana
Emission Statement
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: This action proposes to approve a revision to the Louisiana
State Implementation Plan (SIP) to include revisions to the Louisiana
Department of Environmental Quality (LDEQ) Regulation Title 33, Part
III, Chapter 9, General Regulations on Control of Emissions and
Emission Standards, Section 919, Emission Inventory. These revisions
are for the purpose of implementing an emission statement program for
stationary sources within the ozone nonattainment areas. The
implementation plan was submitted by the State to satisfy the Federal
requirements for an emission statement program as part of the SIP for
Louisiana.
DATES: Comments on this proposed action must be received in writing by
May 9, 1994. Comments should be addressed to the contact indicated
below.
ADDRESSES: Written comments on this action should be addressed to Mr.
Thomas H. Diggs, Chief, Planning Section, at the EPA Regional Office
listed below. Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
following locations. The interested persons wanting to examine these
documents should make an appointment with the appropriate office at
least 24 hours before the visiting day.
U.S. Environmental Protection Agency, Region 6, Air Programs Branch
(6T-AP), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
Louisiana Department of Environmental Quality, Air Quality
Division, 7290 Bluebonnet, Baton Rouge, Louisiana 70810.
FOR FURTHER INFORMATION CONTACT: Mr. Herbert R. Sherrow, Jr., Planning
Section (6T-AP), Air Programs Branch, U.S. EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, Telephone (214) 655-7237.
SUPPLEMENTARY INFORMATION: The air quality planning and SIP
requirements for ozone nonattainment and transport areas are set out in
subparts I and II of part D of title I of the Clean Air Act (CAA or
``the Act''), as amended by the Clean Air Act Amendments (CAAA) of
1990. The EPA has published a ``General Preamble'' describing the EPA's
preliminary views on how the EPA intends to review SIPs and SIP
revisions submitted under Title I of the CAA, including those State
submittals for ozone transport areas within the States (see 57 FR 13498
(April 16, 1992) (``SIP: General Preamble for the Implementation of
title I of the Clean Air Act Amendments of 1990''), 57 FR 18070 (April
28, 1992) (``Appendices to the General Preamble''), and 57 FR 55620
(November 25, 1992) (``SIP: NOX Supplement to the General
Preamble'')).
The EPA has also issued a draft guidance document describing the
requirements for the emission statement programs discussed in this
notice, entitled ``Guidance on the Implementation of an Emission
Statement Program'' (July 1992). The Agency is also conducting a
rulemaking process to modify 40 CFR part 40 to reflect the requirements
of the emission statement program.
Section 182 of the Act sets out a graduated control program for
ozone nonattainment areas. Section 182(a) sets out requirements
applicable in marginal nonattainment areas, which are also made
applicable in subsections (b), (c), (d), and (e) to all other ozone
nonattainment areas. Among the requirements in section 182(a) is a
program in paragraph (3) of that subsection for stationary sources to
prepare and submit to the State each year emission statements showing
actual emissions of volatile organic compounds (VOC) and nitrogen
oxides (NOX). This paragraph provides that the States are to
submit a revision to their SIPs by November 15, 1992, establishing this
emission statement program. Whatever minimum reporting level is
established in a State emission statement program, if either VOC or
NOX is emitted at or above the designated level, the other
pollutant should be included in the emission statement, even if it is
emitted at levels below the specified cutoffs.
The CAA requires facilities to submit the first emission statement
to the State within three years after November 15, 1990, and annually
thereafter. The EPA requests that the States submit the emission data
to the EPA through the Aerometric Information Retrieval System (AIRS).
The minimum emission statement data should include: certification of
data accuracy, source identification information, operating schedule,
emissions information (to include annual and typical ozone season day
emissions), control equipment information, and process data. The EPA
developed emission statements data elements to be consistent with other
source and State reporting requirements. This consistency is essential
to assist States with quality assurance for emission estimates and to
facilitate consolidation of all EPA reporting requirements.
In addition to the submission of the emission statement data to
AIRS, States should provide the EPA with a status report that outlines
the degree of compliance with the emissions statement program.
Beginning July 1, 1993, States should report quarterly to the EPA the
total number of sources affected by the emission statement provisions,
the number that have complied with the provisions, and the number that
have not. This status report should also include the total annual and
typical ozone season day emissions from all reporting sources, both
corrected and noncorrected for rule-effectiveness. States should
include in their status report a list of sources that are delinquent in
submitting their emission statement and that emit 500 tons per year
(TPY) or more of VOC or 2500 TPY or more of NOX. This report
should be a quarterly submittal until all the regulated sources have
complied for the reporting year. Suggested submittal dates for the
quarterly status reports are July 1, October 1, January 1, and April 1.
Analysis of State Submission
1. Procedural Background
The Act requires States to observe certain procedural requirements
in developing its SIP, of which the emission statement program will
become a part. Section 110(a)(2) of the Act provides that each
implementation plan submitted by a State must be adopted after
reasonable notice and public hearing.1 Section 110(l) similarly
provides that each revision to an implementation plan submitted by a
State under the CAAA must be adopted by such State after reasonable
notice and public hearing.
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\1\Also Section 172(c)(7) of the Act requires that plan
provisions for nonattainment areas meet the applicable provisions of
section 110(a)(2).
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The EPA must at the outset determine whether a submittal is
complete and therefore warrants further EPA review and action (see
section 110(k)(1) and 57 FR 13565). The EPA's completeness criteria for
SIP submittals are set out at 40 CFR part 51, Appendix V (1991), as
amended by 57 FR 42216 (August 26, 1991). The EPA attempts to make
completeness determinations within 60 days of receiving a submission.
However, under section 110(k)(1)(B), a submittal is deemed complete by
operation of law if a completeness determination is not made by the EPA
six months after receipt of the submission.
The State passed an emergency regulation after following all
applicable State Administrative Procedures Act requirements for
submittal to the EPA by November 15, 1992, to satisfy CAA requirements.
The State subsequently entered into State rulemaking for a permanent
regulation. It was submitted to public hearing on December 30, 1992.
The State addressed public comments and made minor adjustments.
Following the public hearing, the final rule was adopted by the State
and submitted to the EPA as a proposed revision to the SIP on March 3,
1993. The permanent emission statement regulations were then codified
at LAC 33:III.919.
The March 3, 1993, SIP revision was reviewed by the EPA to
determine completeness in accordance with the completeness criteria set
out at 40 CFR part 51, appendix V (1991), as amended by 57 FR 42216
(August 26, 1991). The submittal was found to be complete, and a letter
dated August 3, 1993, was forwarded to the Governor indicating the
completeness of the submittal and the next steps to be taken in the
review process. The provisions of the regulation are outlined under the
analysis of the State's submission below.
2. Components of Emission Statement Program
There are several key general and specific components of an
acceptable emission statement program. Specifically, the State must
submit a revision to its SIP, and the emission statement program must
meet the minimum requirements for reporting by the sources and the
State. In general, the program must include, at a minimum, provisions
for applicability, definitions, compliance, and specific source
requirements detailed below.
A. SIP Revision Submission. Required within two years of
enactment of the CAAA of 1990 (November 15, 1990).
B. Program Elements. The State emission statement program must,
at a minimum, include provisions covering applicability of the
regulations, definitions for key terms used in the regulations, a
compliance schedule for sources covered by the regulations, and the
specific reporting requirements for sources. The emission statement
submitted by the source should contain, at a minimum, a
certification that the information is accurate to the best knowledge
of the individual certifying the statement, source identification
information, operating information, process rate data, control
equipment information, and emissions information. These elements are
described in greater detail in section D of this document. The EPA
recommends that the State program require the submission of the data
from the sources no later than April 15 of each year to insure that
the State can meet the July 1 deadline for the submission of data
into AIRS each year. The guidance document prepared by the EPA
provides a draft model State rule which can be used as the basis for
the States to develop their program. The guidance document also
provides suggested language for the specific program elements.
C. Sources Covered. Section 182(a)(3)(B) requires that States
with areas designated as nonattainment for ozone require emission
statement data from sources of VOC or NOX in the nonattainment
areas. This requirement applies to all ozone nonattainment areas,
regardless of the classification (marginal, moderate, etc.).
The States may waive, with EPA approval, the requirement for
emission statements for classes or categories of sources with less than
25 tons per year of actual plant-wide NOX or VOC emissions in
nonattainment areas if the class or category is included in the base
year and periodic inventories and emissions are calculated using
emission factors established by the EPA (such as those found in EPA
publication AP-42) or other methods acceptable to the EPA. States
should get clearance from the appropriate EPA Regional Office to waive
the emission statement requirement for these smaller sources.
D. Reporting Requirements for Sources. The State requires
facilities to report on a form supplied by the State. Sources
covered by the State emission statement program should submit, at a
minimum, the following data elements:
1. Source identification information
2. Operating information
3. Process rate data
4. Control equipment information
5. Emissions information
3. Review of the State's Emission Statement Regulations
Applicability
The applicability of the regulation to ozone nonattainment areas is
documented in subsection A.1. The rule applies to the owner or operator
of facilities in the State in an ozone nonattainment area emitting a
minimum of 10 TPY of VOC, 25 TPY of NOX, or 100 TPY of carbon
monoxide (CO), or any facility that has the potential to emit
(``allowables'' in a facility's permit) 50 TPY or more of VOC in an
area designated as an ozone adjoining area. If either VOC or NOX
is emitted at or above the minimum required reporting level, the other
pollutant must be included even if it is emitted at levels below the
specified cutoff.
Types of Inventories
The Annual Emission Statement (AES) requirement for ozone
nonattainment areas is documented in subsection B.1. This subsection
requires stationary sources identified in subsection A. to submit an
AES for all criteria pollutant including VOC. The AES shall consist of
an inventory of actual emissions of VOC, NOX, and CO, and the
certifying statement.
Ozone Nonattainment Area Statement
The requirement for ozone nonattainment area's statements is
documented in subsection B.3. This subsection requires stationary
sources in ozone nonattainment areas emitting a minimum of 10 TPY of
VOC, 25 TPY of NOX, or 100 TPY of CO to submit an annual
statement. The statement shall consist of actual annual emissions and
typical weekday emissions that occur during the three-month period of
greatest or most frequent ozone exceedences as published by the
Department in the Enforcement and Regulatory Compliance notice that is
mailed out monthly from the Division of Legal Affairs and Enforcement.
``Typical weekday'' emissions are defined as an ``average'' of two
actual daily emissions rates (one at the lowest emission rate and one
at the highest emission rate) during a seven-day period.
Minimum Data Requirements
The minimum data requirements are documented in subsection B.5. The
data requirements include a certifying statement, facility
identification information, operating information, process rate data,
control equipment information, and emissions information.
A statement is required from the owner or operator to accompany the
emission statement certifying that the information is true and accurate
to the best knowledge of the certifying official. The certification
will include the name, title, signature, date of signature, and
telephone number of the certifying official (subsection B.5.a.).
Source data elements required by the Louisiana regulation are:
1. Facility identification information (subsection B.5.b.)
a. Full name, physical location, and mailing address of facility.
b. Universal Transverse Mercator horizontal and vertical
coordinates.
c. Standard Industrial Classification code(s).
2. Operating information (subsection B.5.c.)
a. Percentage annual throughput by season.
b. Days per week during the normal operating schedule.
c. Hours per day during the normal operating schedule.
d. Hours per year during the normal operating schedule.
3. Process rate data (subsection B.5.d.)
a. Annual process rate (annual throughput).
b. Peak ozone season daily process rate (in nonattainment areas.
4. Control equipment information (subsection B.5.e.)
a. Current primary and secondary AIRS Facility Subsystem (AFS)
control equipment identification codes.
b. Current control equipment efficiency (percent).
5. Emissions information (subsection B.5.f.)
a. Estimated actual VOC and/or NOX emissions at the segment
level, in TPY for an annual emission rate and pounds per day for a
typical ozone season day (defined as the average or typical operating
day during the peak ozone season). Actual emission estimates must
include upsets, downtime, and fugitive emissions, and must follow an
``emission estimation method''. Emissions will be reported as one
number.
b. AFS estimated emissions method code.
c. Emission factor (if emissions were calculated using an emissions
factor).
Calculations
Calculations of emissions are documented in subsection C. The
subsection specifies actual measurement with continuous monitoring
systems (CEMS) is the desired method of calculating emissions from a
point source. In lieu of CEMS data, emissions may be calculated using
methods found in the most recent edition of the Compilation of Air
Pollution Emission Factors (AP-42), or calculations published in
Engineering Journals with prior administrative approval from the
Assistant Secretary.
Reporting Requirements
The reporting requirements are documented in subsection E. The
reporting deadline for the 1992 ozone nonattainment area is March 31,
1993, unless otherwise directed by the Secretary of the LDEQ.
Subsequent emission statements are due on March 31 of each year, unless
otherwise directed by the Secretary of the LDEQ, and will contain data
for the previous year.
Enforcement
The enforcement requirements are documented in subsection F. The
State of Louisiana has included language in its regulation that permits
the State to enforce the provisions of the regulation under all
pertinent State enforcement authorities.
All measures and other elements in the SIP must be enforceable by
the State and EPA. The EPA criteria addressing the enforceability of
SIPs and SIP revisions were stated in a September 23, 1987, memorandum
(with attachments) from J. Craig Potter, Assistant Administrator for
Air and Radiation, et al. (see 57 FR 13541). SIP provisions must also
contain a program that provides for enforcement of the control measures
and other elements in the SIP (see section 110(a)(2)(C)).
Technical Correction
In reviewing the State's submitted permanent regulation, a
technical error was discovered in subsection B.2.a. This subsection
contains a reference to subsection B.2.d., when it should refer to
subsection B.2.c. This appears to be a typographical error and is not
substantive since it is unlikely that it would lead to a
misinterpretation of the regulation. This error has been discussed with
the State, and the State has agreed to amend the regulation to correct
the error through the State's rulemaking process. Final EPA rulemaking
will not occur until the State has made the correction and submitted
documentation of evidence that the error has been corrected. The EPA
expects the correction will be made by June 30, 1994.
Proposed Action
In today's action, the EPA is proposing final approval of the
Louisiana emission statement program SIP submittal and invites public
comment on the action.
The analysis of the Louisiana regulation shows that it adequately
addresses all components of an emission statement program.
In addition, the State has agreed to provide the EPA with emission
statement data for the EPA AIRS through the State's grants commitments
and to provide quarterly status reports.
The EPA has reviewed this request for revision of the Federally-
approved SIP for conformance with the provisions of the 1990 CAAA of
November 15, 1990. The EPA has determined that this action conforms
with those requirements.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economical, and
environmental factors, and in relation to relevant statutory and
regulatory requirements.
Regulatory Process
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, the EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
The SIP approvals under section 110 and subchapter I, part D, of
the CAA do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the Federal-State relationship
under the CAA, preparation of a regulatory flexibility analysis would
constitute Federal inquiry into the economic reasonableness of State
action. The CAA forbids the EPA to base its actions concerning SIPs on
such grounds (Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66
(S. Ct. 1976; 42 U.S.C. 7410(a)(2)).
Executive Order 12866
This action has been classified as a Table Two action by the
Regional Administrator under the procedures published in the Federal
Register on January 19, 1989 (54 FR 2214-2225), as revised by an
October 4, 1993, memorandum from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation. A future document will inform the
general public of these tables. On January 6, 1989, the Office of
Management and Budget (OMB) waived Table Two and Table Three SIP
revisions (54 FR 2222) from the requirements of section three of
Executive Order 12291 for two years. The EPA has submitted a request
for a permanent waiver for Table Two and Table Three SIP revisions. The
OMB has agreed to continue the temporary waiver until such time as it
rules on the EPA's request. This request continues in effect under
Executive Order 12866, which superseded Executive Order 12291 on
September 30, 1993.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Emission
statements, Hydrocarbons, Intergovernmental relations, Nitrogen oxide,
Oxides of nitrogen, SIP requirements, and Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: March 22, 1994.
Jane N. Saginaw,
Regional Administrator.
[FR Doc. 94-8355 Filed 4-6-94; 8:45 am]
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