52948 Federal Register / Vol. 62, No. 197 / Friday, October 10, 1997 / Rules and Regulations

1 Section 172(c)(7) of the Act provides that plan

provisions for nonattainment areas shall meet the

applicable provisions of section 110(a)(2).

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[LA–14–1–7239; FRL–5905–7]

Approval and Promulgation of Air

Quality Implementation Plans of New

Source Review (NSR) Implementation

Plan Addressing NSR in

Nonattainment Areas; Louisiana;

Louisiana Administrative Code (LAC),

Title 33, Environmental Quality, Part III.

Air, Chapter 5. Permit Procedures,

Section 504, Nonattainment NSR

Procedures

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is approving the

State Implementation Plan (SIP)

revision, submitted by the State of

Louisiana for the purpose of meeting

requirements of the Clean Air Act (the

Act), as amended in 1990, with regard

to NSR in areas that have not attained

the National Ambient Air Quality

Standards (NAAQS). This approval

action was proposed in the Federal

Register (FR) on October 6, 1995, and no

comments were received on the

proposal.

EFFECTIVE DATE: This action is effective

on November 10, 1997.

ADDRESSES: 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.

Environmental Protection Agency,

Region 6, Multimedia Planning and

Permitting Division (6PD), 1445 Ross

Avenue, suite 700, Dallas, Texas

75202–2733

Louisiana Department of Environmental

Quality, H. B. Garlock Building, 7290

Bluebonnet Boulevard, Baton Rouge,

Louisiana 70810

FOR FURTHER INFORMATION CONTACT: Mr.

Richard A. Barrett, Air Permits Section

(6PD–R), Multimedia Planning and

Permitting Division, EPA Region 6, 1445

Ross Avenue, Dallas, Texas 75202–2733,

telephone (214) 665–7227.

SUPPLEMENTARY INFORMATION:

I. Background

The air quality planning requirements

for nonattainment new source review

are set out in part D of Title I of the Act,

as amended in 1990. The EPA has

issued a ‘‘General Preamble’’ describing

EPA’s preliminary views on how EPA

intends to review SIPs and SIP revisions

submitted under part D; including those

State submittals containing

nonattainment area NSR SIP

requirements (see 57 FR 13498 (April

16, 1992)) and (57 FR 18070 (April 28,

1992)). Because EPA is describing its

interpretations here only in broad terms,

the reader should refer to the General

Preamble for a more detailed discussion

of the interpretations of part D advanced

in this action and the supporting

rationale.

Prior to EPA approval of a State’s NSR

SIP submission, the State may continue

permitting only in accordance with the

new statutory requirements for permit

applications completed after the

relevant SIP submittal date. This policy

was explained in transition guidance

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.’’

II. Rulemaking Action

A. Procedural Background

The Act requires States to observe

certain procedural requirements in

developing implementation plans and

plan revisions for submission to EPA.

Section 110(a)(2) of the Act, 42 U.S.C.

7410(a)(2), provides that each

implementation plan submitted by a

State must be adopted after reasonable

notice and public hearing. 1 Section

110(l) of the Act similarly provides that

each revision to an implementation plan

submitted by a State under the Act must

be adopted by such State after

reasonable notice and public hearing.

After adequate public notice, the State

of Louisiana held a public hearing on

December 30, 1992, to entertain public

comment on the NSR implementation

plan, which replaced the emergency

rules submitted to EPA on November

10, 1992. Following the public hearing,

the plan was adopted by the State on

February 20, 1993, and submitted to

EPA on March 3, 1993, as a proposed

revision to the SIP. The State submitted

to EPA revisions for the Louisiana SIP

to implement the NSR requirements of

the Act in nonattainment areas in

Louisiana. Louisiana made the SIP

revision to LAC Title 33, Part III,

Chapter 5. Permit Procedures, by the

addition of section 504. Nonattainment

New Source Review Procedures. The

SIP revision was reviewed by EPA to

determine administrative completeness

shortly after its submittal. The

completeness review was based upon

the criteria as set out at 40 CFR part 51,

Appendix V. The submittal was found

to be complete on July 10, 1993, 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. Prior to EPA acting on these

revisions, the State submitted a notice of

adoption and final rule on Regulation

LAC 33:III. Chapter 5, on November 15,

1993. That submittal included an

amended Section 504 in order to meet

the requirements mandated by sections

173 and 182 of the Act. This action

applies to Section 504 of the LAC.

In this action, EPA approves the

Louisiana nonattainment NSR SIP rules

identified in this notice. Those sections

submitted to EPA not included in the

revisions specifically addressed in this

action will be the subject of a future

rulemaking. In this rulemaking action

on the Louisiana nonattainment NSR

SIP, EPA has applied its interpretations,

taking into consideration the specific

factual issues presented.

B. General Nonattainment NSR

Requirements

The statutory requirements for

nonattainment NSR SIPs and permitting

are found at sections 172 and 173.

The Act requires all States to have

submitted, at a minimum, the following

nonattainment NSR provisions by

November 15, 1992:

1. Provisions to assure that

calculation of emissions offsets, as

required by section 173(a)(1)(A), are

based on the same emissions baseline

used in the demonstration of reasonable

further progress. Louisiana has

established provisions to satisfy this

requirement in LAC sections 504.F.4

and 504.F.5.

2. Provisions to allow, according to

section 173(c)(1), offsets to be obtained

in another nonattainment area if: the

area in which the offsets are obtained

has an equal or higher nonattainment

classification; and emissions from the

nonattainment area, in which the offsets

are obtained, contribute to an NAAQS

violation, in the area in which the

source would construct. Louisiana has

established provisions to satisfy this

requirement in LAC Section 504.F.9.

3. Provisions to assure, according to

section 173(c)(1), that any emissions

offsets obtained in conjunction with the

issuance of a permit to a new or

modified source must be in effect and

enforceable by the time the new or

modified source is to commence
Federal Register / Vol. 62, No. 197 / Friday, October 10, 1997 / Rules and Regulations 52949

operation. Louisiana has established

provisions to satisfy this section in LAC

Section 504.F.3.

4. Provisions to assure that emissions

increases, from new or modified major

stationary sources, are offset by real

reductions in actual emissions, as

required by section 173(c)(1). Louisiana

has established provisions to satisfy this

requirement in LAC Sections 504.D.3

and 504.F.7.

5. Provisions, according to section

173(c)(2), to prevent emissions

reductions otherwise required by the

Act from being credited for purposes of

satisfying the part D offset requirements.

Louisiana has established provisions to

satisfy this section in LAC Sections

504.F.5. and 504.F.10.

6. Provisions, according to section

173(a)(5) that, as a prerequisite to

issuing any part D permit, the State will

require an analysis of alternative sites,

sizes, production processes, and

environmental control techniques for

proposed sources that demonstrates the

benefits of the proposed source

significantly outweigh the

environmental and social costs imposed

as a result of its location, construction,

or modification. Louisiana has

established provisions to satisfy this

requirement in LAC Section 504.D.6.

7. Provisions, according to section

173(e), that allow any existing or

modified source that tests rocket

engines or motors to use alternative or

innovative means to offset emissions

increases from firing and related

cleaning, if four conditions are met: (a)

the proposed modification is for

expansion of a facility already permitted

for such purposes; (b) the source has

used all available offsets and all

reasonable means to obtain offsets and

sufficient offsets are not available; (c)

the source has obtained a written

finding by the appropriate, sponsoring

Federal agency that the testing is

essential to national security; and (d)

the source will comply with an

alternative measure designed to offset

any emissions increases not directly

offset by the source.

In lieu of imposing any alternative

offset measures, the permitting authority

may impose an emission offset

amounting to no more than 1.5 times the

average cost of stationary control

measures adopted in that area during

the previous three years. Louisiana has

established provisions to satisfy this

requirement at LAC Section 504.D.7.

8. Provisions, according to section

173(a)(3), to assure that owners or

operators, of each proposed new or

modified major stationary source,

demonstrate that all other major

stationary sources, under the same

ownership in the State, are in

compliance with the Act. Louisiana has

established provisions to satisfy this

section at LAC Section 504.D.1. This

provision is recodified and rewritten

from LAC 33:III, Chapter 5, Section

505.H.8., which was previously

approved in the Federal Register (47 FR

6015, February 10, 1982).

9. Provisions, according to section

173(a)(2), to assure that permits for new

and modified major stationary sources

to construct and operate may be issued

if the proposed source is required to

comply with the lowest achievable

emission rate. Louisiana has established

provisions to satisfy this requirement in

LAC Section 504.D.2. This provision is

recodified and rewritten from LAC

33:III, Chapter 5, Section 505.H.8.,

which was previously approved in the

Federal Register (47 FR 6015, February

10, 1982).

10. Additionally, the State must

assure that no interpollutant trading is

allowed as defined in 40 CFR part 51,

Appendix S, section IV, condition 3.

Louisiana has established provisions to

satisfy this requirement in LAC Section

504.F.1.

11. The public notice and

participation requirements, previously

located in Section 504, have now been

placed in LAC 33:III. Chapter 5. Section

531, which will be acted on by EPA in

a future rulemaking action. These

requirements were located in the March

3, 1993, submittal and were

subsequently moved in the November

15, 1993, submittal to Section 531.

Public participation requirements have

previously been approved in the SIP.

C. Ozone

The general nonattainment NSR

requirements are found in sections 172

and 173 of the Act and must be met by

all nonattainment areas. Requirements

for ozone that supplement or supersede

these requirements are found in subpart

2 of part D. In addition, subpart 2

includes section 182(f) which states that

requirements for major stationary

sources of volatile organic compounds

(VOC) shall apply to major stationary

sources of oxides of nitrogen (NOx)

unless the Administrator makes certain

determinations related to the benefits or

contribution of NOx control to air

quality, ozone attainment, or ozone air

quality. States were required under

section 182(a)(2)(C) to adopt new NSR

rules for ozone nonattainment areas by

November 15, 1992.

Louisiana has established major

source thresholds and offset ratios for

VOC and included provisions for NOX

major stationary sources as follows:

Area classification Major source threshold Offset ratio minimum NOX provisions

Marginal ................................... 100 tpy .................................... 1.10 to 1 ................................. See paragraph below.

Moderate ................................. 100 tpy .................................... 1.15 to 1 ................................. Identical to VOC.

Serious .................................... 50 tpy ...................................... 1.20 to 1 ................................. See paragraph below.

Severe ..................................... 25 tpy ...................................... 1.30 to 1 ................................. Identical to VOC.

Extreme ................................... Not applicable ......................... Not applicable ......................... Not applicable.

The EPA approved a petition for

exemption from NOX requirements

pursuant to section 182(f), for the

marginal ozone nonattainment area of

Lake Charles (Calcasieu Parish), on May

22, 1997, and which was published on

May 29, 1997 (see 62 FR 29062);

therefore, NOX nonattainment NSR will

not be required in that area. Further,

EPA approved the redesignation of the

marginal ozone nonattainment area of

Lake Charles (Calcasieu Parish), to

attainment for ozone on April 10, 1997,

and which was published on May 2,

1997 (see 62 FR 24036).

The EPA approved a petition for

exemption from NOX requirements

pursuant to section 182(f), for the

serious ozone nonattainment area of

Baton Rouge, on January 18, 1996, and

which was published on January 26,

1996 (see 61 FR 2438); therefore, NOX

nonattainment NSR will not be required

in that area.

Louisiana has established all of the

above requirements for all other ozone

nonattainment areas.

Additionally, for nonclassifiable

(transitional or incomplete data) ozone

nonattainment areas, State rules for the

marginal area classification apply. For

further information on nonclassifiable

areas see, ‘‘General Preamble’’ 57 FR

55624 (April 16, 1992), and the ‘‘NOX

supplement to the General Preamble’’ 57

FR 13523 (November 25, 1993).
52950 Federal Register / Vol. 62, No. 197 / Friday, October 10, 1997 / Rules and Regulations

In addition, Louisiana’s plan

submittal reflects appropriate

modification provisions, including a de

minimis level of 25 tons.

D. Carbon Monoxide (CO)

The general part D NSR permit

requirements apply in CO

nonattainment areas, and are

supplemented by the CO requirements

in subpart 3 of part D.

Louisiana has established a major

source threshold of 100 tons per year,

and a minimum offset ratio of greater

than 1.00 to 1 for moderate CO

nonattainment areas. Louisiana has

established a major source threshold of

50 tpy, and a minimum offset ratio of

greater than 1.00 to 1 for serious

nonattainment areas.

Louisiana has no areas designated as

nonattainment for CO at this time.

E. Particulate Matter Less Than 10

Micrometers In Diameter (PM–10)

Pursuant to section 189(a)(2) 42

U.S.C. 7513a(a)(2), all States, with a

PM–10 nonattainment area classified as

moderate, were required to submit an

NSR permit program SIP revision by

June 30, 1992, or 18 months after the

designation of such an area.

Louisiana has established major

source thresholds, offset ratios,

modification significance levels, and

PM–10 precursor provisions as follows:

Area classification Major source threshold Offset ratio minimum Significance level Precursor provisions

Moderate .................... 100 tpy ....................... Greater than 1 to 1 ...................... 15 tpy ......................... See paragraph below.

Serious ....................... 50 tpy ......................... Greater than 1 to 1 ...................... 15 tpy ......................... See paragraph below.

Since Louisiana has no areas

designated as nonattainment for PM–10

at this time, EPA is approving the PM–

10 NSR provisions for the limited

purpose of strengthening the SIP and

not for satisfying the part D NSR

requirements for PM–10. If an area is

designated nonattainment for PM–10,

then the State would be required to

submit provisions for PM–10 precursors

unless it has sought and obtained a

determination by the EPA under section

189(e).

F. Sulfur Dioxide (SO2)

States with SO2 nonattainment areas

were required to submit NSR

implementation plans by May 15, 1992.

States with areas that are designated or

redesignated as nonattainment after the

Amendments have 18 months to submit

such plans.

Louisiana has established a major

source threshold of 100 tpy, a minimum

offset ratio of greater than 1 to 1, and a

modification significance level of 40

tpy.

Louisiana has no areas designated as

nonattainment for SO2 at this time.

G. Lead

Generally, the date by which a plan

must be submitted for an area is

triggered by the area’s nonattainment

designation. For areas designated

nonattainment for the primary lead

NAAQS in effect at enactment of the

1990 Amendments; under section

171(b), States must submit SIPs which

meet the applicable requirements of part

D within 18 months of the date of

enactment of the 1990 Amendments.

Louisiana has established a major

source threshold of 100 tpy, a minimum

offset ratio of greater than 1 to 1, and a

modification significance level of 0.6

tpy.

Louisiana has no areas designated as

nonattainment for Lead at this time.

III. Final Action

The EPA is approving the plan

revisions submitted on March 3, 1993,

as amended on November 15, 1993,

regarding NSR. The State of Louisiana

has submitted a complete plan to

implement the NSR provisions of part

D. Each of the program elements

mentioned above were properly

addressed, with the exception of PM–10

precursor requirements. Since Louisiana

has no areas designated as

nonattainment for PM–10 at this time,

EPA is approving the PM–10 NSR

provisions for the limited purpose of

strengthening the SIP and not for

satisfying the part D NSR requirements

for PM–10. If an area is designated

nonattainment for PM–10, then the State

would be required to submit provisions

for PM–10 precursors unless it has

sought and obtained a determination by

EPA under section 189(e).

Those sections submitted to EPA, not

included in the revisions specifically

addressed in this action, will be the

subject of a future rulemaking.

Louisiana LAC 33:III.Chapter

5.Section 504 is approvable under the

requirements for nonattainment area

permitting regulations as outlined in 40

CFR part 51 and in part D. These

revisions incorporate requirements of

the Act for the construction and

operation of new and modified major

stationary sources of air pollutants.

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.

IV. Executive Order (E.O.) 12866

The Office of Management and Budget

has exempted this regulatory action

from E.O. 12866 review.

V. Regulatory Flexibility

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. See 5 U.S.C.

603 and 604. Alternatively, 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-forprofit 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 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 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

Act, preparation of a 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. See Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255–66 (1976); 42

U.S.C. 7410(a)(2).

VI. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995, 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 costs to State,
Federal Register / Vol. 62, No. 197 / Friday, October 10, 1997 / Rules and Regulations 52951

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under section

205, EPA must select the most costeffective 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 this

action does not include a Federal

mandate that may result in estimated

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 preexisting

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.

VII. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives, and the Comptroller

General of the General Accounting

Office prior to publication of this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

VIII. 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 December 9, 1997. 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. See section

307(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Rreporting and

recordkeeping requirements, Sulfur

dioxide, Volatile organic compounds.

Dated: September 30, 1997.

Jerry Clifford,

Acting Regional Administrator.

40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart T—Louisiana

2. Section 52.970 is amended by

adding paragraph (c)(68) to read as

follows:

§ 52.970 Identification of plan.

* * * * *

(c) * * *

(68) A revision to the Louisiana SIP

addressing the nonattainment NSR

program for Louisiana was submitted by

the Governor of Louisiana on March 3,

1993, and November 15, 1993.

(i) Incorporation by reference.

(A) Revision to LAC, Title 33, Part III.

Air, Chapter 5. Permit Procedures, by

the addition of Section 504.

Nonattainment New Source Review

Procedures, as promulgated in the

Louisiana Register, Volume 19, Number

2, 176–183, February 20, 1993; effective

February 20, 1993, and submitted by the

Governor on March 3, 1993.

(B) Revisions to LAC, Title 33, Part III.

Air, Chapter 5. Permit Procedures,

Section 504. Nonattainment New Source

Review Procedures, Subsections: A.,

Applicability, Paragraphs A(1), A(2),

A(3), A(4); D., Nonattainment New

Source Requirements, Paragraph D(4);

Delete G., Permit Procedures, Public

Participation and Notification; Reletter

H., Definitions, to G., and revise

definitions for Major Modification

(paragraphs: a., c.iii, c.iv, c.v.(a)(b), c.vi,

c.vii), Major Stationary Source

(paragraphs: a., d.i); Delete Table 1;

Renumber Table 2, Major Stationary

Source/Major Modification Emission

Thresholds, to Table 1, and revise

Footnote 1., as promulgated in the

Louisiana Register, Volume 19, Number

11, 1420–1421, November 20, 1993;

effective November 20, 1993, and

submitted by the Governor on

November 4, 1993.

(ii) Additional material.

(A) Letter dated January 7, 1994,

signed by the Governor of Louisiana,

which clarifies that section 504 is to be

reviewed under the SIP program.

* * * * *

[FR Doc. 97–27017 Filed 10–9–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–5906–2]

New Hampshire: Final Authorization of

State Hazardous Waste Management

Program Revisions; Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule; correction.

SUMMARY: The Environmental Protection

Agency published in the Federal

Register of November 14, 1994 (59 FR

56397) the authorization of New

Hampshire’s Hazardous Waste

Management Program Revision under

the Resource Conservation and

Recovery Act (RCRA). The document

stated that the effective date was

January 13, 1994. This was a

typographical error. The correct

effective date is January 13, 1995. This

document corrects that error.

This document is also correcting

typographical errors that were in the

crosswalk listings of the federal

requirements in the same immediate

final rule.

EFFECTIVE DATE: The effective date for

the immediate final rule published at 59

FR 56397 is January 13, 1995.

FOR FURTHER INFORMATION CONTACT:

Geri Mannion, U.S. EPA Region I

(CHW), J.F.K. Federal Building, Boston,

Massachusetts, 02203–21, Phone (617)

565–3607.

Dated: September 24, 1997.

John P. DeVillars,

Regional Administrator, Region I.

In the table beginning on page 56399,

the following items are corrected to read

as follows:

Section II: Non-HSWA Requirements

Prior to Non-HSWA Cluster 1. Checklist

(2) Permit Rules: Settlement Agreement,

FR 39611–39623, 09/01/83.

Section III. Non-HSWA Cluster I.

Checklist (13) Definition of Solid Waste,

50 FR 614–668, 01/04/85, as amended

on 04/11/85 at 50 FR 14216–14220, and

50 FR 33541–33543 on 08/20/85.

Section V: Non-HSWA Cluster III.

Checklist (28) Standards for Hazardous

Waste Storage and Treatment Tank

Systems, 51 FR 25422–25486, 07/14/86,

as amended at 51 FR 29430–39431 on

08/15/86. (Non–HSWA Cluster III and

HSWA Cluster I)

Section VI: Non-HSWA Cluster IV.

Checklist (46) Technical Correction;

Identification and Listing of Hazardous

Waste, 53 FR 13382, 04/22/88.

Section VII: Non-HSWA Cluster V.

Checklist (54) Permit Modifications for