[Federal Register Volume 64, Number 2 (Tuesday, January 5, 1999)]
[Rules and Regulations]
[Pages 413-415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[LA40-1-7338a; FRL-6207-8]
Approval and Promulgation of Implementation Plan Louisiana;
Nonattainment Major Stationary Source Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: This action approves a revision to the Louisiana State
Implementation Plan (SIP), Title 33 of the Louisiana Administrative
Code Chapter 5 Section 504, ``Nonattainment New Source Review
Procedures.'' This revision was submitted on May 9, 1997, by the
Governor of Louisiana to EPA for approval.
This revision allows major stationary sources emitting or having
the potential to emit at least 100 tons per year of volatile organic
compounds (VOC) to offset emissions within the source by an internal
offset ratio of at least 1.3 to 1. If the internal offset condition is
met, then the requirement to apply the Lowest Achievable Emission Rate
(LAER) shall be lifted. This rule making action is being taken under
sections 110, 301, and part D of the 1990 Clean Air Act (Act).
DATES: This action is effective on March 8, 1999, unless adverse or
critical comments are received by February 4, 1999. If EPA receives
such comments, then it will publish a timely withdrawal in the Federal
Register (FR) informing the public that this rule will not take effect.
ADDRESSES: Comments may be mailed to Ms. Jole Luehrs, Chief, Air
Permits Section, Mailcode 6PD-R, 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 above location or at
the:
Louisiana Department of Environmental Quality, H. B. Garlock
Building, 7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810.
FOR FURTHER INFORMATION CONTACT: Tommy S. Stogner of the EPA Region 6
Air Permits Section at (214) 665-8510.
SUPPLEMENTARY INFORMATION:
I. Background of Section 504
This regulation is a revision to Section 504 previously approved on
October 10, 1997, by EPA (62 FR 52948). The Governor of Louisiana
submitted a revision of Louisiana Administrative Code (LAC) 33:III.504
(Section 504) on May 9, 1997, for EPA approval. This revision was
submitted to incorporate provisions to implement Section 182(c)(8) of
the Act.
II. Section 504: Incorporation of the Provision of Section
182(c)(8) of the Act
The State of Louisiana adopted this revision to incorporate
provisions to implement section 182(c)(8) of the Act which provides a
special rule for modifications of sources emitting 100 tons or more of
VOCs per year. Affected sources are any major stationary source of VOCs
located in an ozone nonattainment area classified as serious, and which
emits, or has the potential to emit, 100 tons or more of VOCs per year.
Whenever there is any change in emissions of VOCs from any discrete
operation, unit, or other pollutant emitting activity at the source,
such increase shall be considered a modification for purposes of
section 172(c)(5) and section 173(a). This Rule allows the owner or
operator of the source to offset the increase by a greater reduction in
emissions of VOCs from other operations, units, or activities within
the source at an internal offset ratio of at least 1.3 to 1, in lieu of
the requirements of section 173(a)(2) concerning the LAER.
III. Requirements of Section 182(f) of the Act
Section 182(f) sets forth the presumption that Nitrogen Oxides
(NOx) are an ozone precursor unless the Administrator makes
a finding of nonapplicability or grants a waiver pursuant to criteria
contained in that subsection. Specifically, section 182(f) provides
that requirements applicable for major stationary sources of VOC shall
apply to major stationary sources of NOx, unless otherwise
determined by the Administrator, based upon certain determinations
related to the benefits or contribution of NOx control to
air quality, ozone attainment, or ozone air quality. In the revised
rule, NOx has been removed based on a demonstration that
additional NOx reductions would not contribute to attainment
of the National Ambient Air Quality Standard for ozone in the
nonattainment area.1
---------------------------------------------------------------------------
\1\ The EPA previously approved the exemption (under section
182(f) of the Act) of NOx requirements for the serious
ozone nonattainment area of Baton Rouge on January 18, 1996 (see 61
FR 2438) and approved the exemption of nitrogen oxide requirements
for the marginal ozone nonattainment area of Lake Charles (Calcasieu
Parish) on May 27, 1997 (See 62 FR 29072).
---------------------------------------------------------------------------
IV. EPA Analysis
This regulation meets all requirements for major source
modifications exempting sources complying with section 182(c)(8) of the
Act from the requirements of section 173(a)(2) concerning LAER and is
being approved by EPA. For further details regarding this rule, EPA has
prepared a Technical Support Document for EPA actions on LAC 33:III.504
for this notice.
V. Final Action
The EPA is approving this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this FR
publication, EPA is publishing a separate document that will serve as
the proposal to approve the SIP revision should relevant adverse
comments be filed. This rule will be effective March 8, 1999, without
further notice unless the Agency receives relevant adverse comments by
February 4, 1999.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and
[[Page 414]]
informing the public that the rule will not take effect. All public
comments received will then be addressed in a subsequent final rule
based on the proposed rule. The EPA will not institute a second comment
period on this rule. Only parties interested in commenting on this rule
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on March 8, 1999 and no
further action will be taken on the proposed rule.
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, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
VI. Administrative Requirements
A. Executive Order (E.O.) 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866, entitled ``Regulatory Planning and
Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the OMB a
description of the extent of EPA's prior consultation with concerns,
copies of written communications from the governments, and a statement
supporting the need to issue the regulation. In addition, E.O. 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of state, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on state, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
The environmental health or safety risks addressed by this action
do not have a disproportionate effect on children.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the OMB, in a separately identified section of the
preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, E.O. 13084 requires EPA
develop an effective process permitting elected and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.'' Today's rule
does not significantly or uniquely affect the communities of Indian
tribal governments. This action does not involve or impose any
requirements that affect Indian Tribes. Accordingly, the requirements
of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
conduct a regulatory flexibility analysis of any rule subject to notice
and comment rule making requirements unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small not-for-profit enterprises, and small governmental jurisdictions.
This final rule will not have a significant impact on a substantial
number of small entities because SIP approvals under section 110 and
subchapter I, part D of the Act do not create any new requirements but
simply approve requirements that the State is already imposing.
Therefore, because the Federal SIP approval does not create any new
requirements, I certify that this action will not have a significant
economic impact on a substantial number of small entities. Moreover,
due to the nature of the Federal-State relationship under the Act,
preparation of flexibility analysis would constitute Federal inquiry
into the economic reasonableness of state action. The Act forbids EPA
to base its actions concerning SIPs on such grounds. Union Electric
Co., v. U.S. EPA, 427 U.S. 246, 255-66; 42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
(Unfunded Mandates Act), signed into law on March 22, 1995, EPA must
prepare a budgetary impact statement to accompany any proposed or final
rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated does
not include a Federal mandate that may result in estimated annual costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This Federal action
approves pre-existing requirements under State or local law, and
imposes no new requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate,
[[Page 415]]
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the FR. This rule is
not a ``major'' rule as defined by 5 U.S.C. 804(2). This rule will be
effective March 8, 1999 without further notice unless the Agency
receives relevant adverse comments by February 4, 1999.
H. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 8, 1999. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
General conformity, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Volatile organic compounds.
Dated: December 8, 1998.
William N. Rhea,
Acting Regional Administrator, Region 6.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart T--Louisiana
2. In Sec. 52.970 (c), the table is amended under Chapter 5 by
revising the entry for section 504 to read as follows:
Sec. 52.970 Identification of plan.
* * * * *
(c) * * *
EPA APPROVED REGULATIONS IN THE LOUISIANA SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
State citation Title/subject State approval date EPA approval date Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
LAC Title 33. Environmental Quality Part III. Air
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 5--Permit Procedures
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 504....................... Nonattainment New Source February 20, 1997 January 5, 1999.
Review Procedures.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 99-19 Filed 1-4-99; 8:45 am]
BILLING CODE 6560-50-P