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Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality 

Planning Purposes; Louisiana; Baton Rouge Ozone Nonattainment Area: Redesignation to 

Attainment for the 1997 8-Hour Ozone Standard 

Technical Support Document 

Sandra Rennie 

Erik Snyder 

August 2011 

This Technical Support Document (TSD) has been written in support of the proposed 

Federal Register action for the Baton Rouge Ozone Nonattainment Area in Louisiana for 

Redesignation to Attainment for the 1997 8-Hour Ozone standard. 

The Secretary of the Louisiana Department of Environmental Quality submitted 1) a 

redesignation request and maintenance plan on August 31, 2010. This was accompanied by 2) 

the Baton Rouge 1997 8 Hour Moderate Area Reclassification, and 3) VOC RACT Control 

Technique Guidelines. This was later supplemented with 4) the Baton Rouge Nonattainment 

Area Redesignation and Maintenance Plan, Technical Amendment to Section 5, Attainment 

Inventory and Supporting Appendix E documentation submitted on February 14, 2011. This 

technical support document will cover submittals 1 and 4. Submittal 3 is the subject of a 

separate rulemaking. Although the requirement to submit the 1997 8 Hour Moderate Area 

Reclassification SIP(2) was suspended on September 9, 2010, in a determination of attainment 

for the 1997 8-hour standard (75 FR 54778), the information in it is being used to support of the 

state’s maintenance demonstration. 

The Clean Air Act sets forth the requirements for redesignating a nonattainment area to 

attainment. Specifically, section 107(d)(3)(E) allows for redesignation providing that the 

following conditions are met: 

(1) the Administrator determines that the area has attained the applicable NAAQS; 

(2) the Administrator has fully approved the applicable implementation plan for the area 

under section 110(k); 

(3) the Administrator determines that the improvement in air quality is due to permanent 

and enforceable reductions in emissions resulting from implementation of the applicable SIP and 

applicable Federal air pollutant control regulations and other permanent and enforceable 

reductions; 

(4) the Administrator has fully approved a maintenance plan for the area as meeting the 

requirements of section 175A; and, 

(5) the State containing such area has met all requirements applicable to the area under 

section 110 and part D. 

EPA provided guidance on redesignation in the General Preamble for the Implementation 

of Title I of the CAA Amendments of 1990, on April 16, 1992 (57 FR 13498), and supplemented 

this guidance on April 28, 1992 (57 FR 18070). EPA provided further guidance on processing 

redesignation requests in a number of documents identified in section IV of the corresponding 
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proposed Federal Register action, including two which specifically discuss requirements for 

redesignation of ozone nonattainment areas: 

“Procedures for Processing Requests to Redesignate Areas to Attainment”, Memorandum 

from John Calcagni, Director, Air Quality Management Division (MD-15), September 4, 

1992. 

“Technical Support Documents (TSD’s) for Redesignation of Ozone and Carbon 

Monoxide (CO) Nonattainment Areas”, Memorandum from G.T. Helms, Chief, 

Ozone/Carbon Monoxide Programs Branch, August 17, 1993. 

This TSD covers material for the Baton Rouge Nonattainment Area (BRNA) as required 

by the 1992 Calcagni memo and the 1993 Helms memo mentioned above, and further 

supplements the proposed Federal Register notice. The following outline provides an overview 

of the material covered in this document. In the outline, the text appearing in regular print 

pertains to the Calcagni memo, and the text in italics pertains to the Helms memo. 

 Part I. 

A. The EPA has determined that the national ambient air quality standards (NAAQS) have been 

attained. What years are the supporting air quality data covering? Where are the monitors 

located? What are the relevant concentrations? 

B. The EPA has determined that the improvement in air quality is due to permanent and 

enforceable reductions in emissions. State must be able to reasonably attribute the improvement 

in air quality to emissions reductions which are permanent and enforceable. 

1. Reasonably Available Control Techniques 

2. ROP Plans and Attainment Demonstration Plan 

3. NOx Control Rules 

4. Federal Emission Control Measures 

5. Additional State and Local Emission Reductions 

6. Controls to Remain In Effect 

C. The State has met all applicable requirements for the area under section 110 and part D that 

were applicable prior to submittal of the complete redesignation request. 

 1. Regulatory Requirements. 

40 CFR 51.900(f)(1) and (3). RACT and Major source applicability cut-offs for 

purposes of RACT. 

40 CFR 51.900(f) (2). Inspection and maintenance programs (I/M). 

40 CFR 51.900(f) (4). Rate of progress reductions. 

40 CFR 51.900(f) (5). Stage II vapor recovery. 

40 CFR 51.900(f)(6). Clean fuels fleet program. 

40 CFR 51.900(f) (7). Clean fuels for boilers under section 182(e)(3) of the CAA. 

40 CFR 51.900(f)(8). Transportation Control Measures (TCMs) during heavy 

traffic hours as provided under section 182(e)(4) of the CAA. 
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40 CFR 51.900(f) (9). Enhanced (ambient) monitoring under section 182(c)(1) of 

the CAA. 

40 CFR 51.900(f) (10). TCMs under section 182(c)(5) of the CAA. 

40 CFR 51.900(f)(11). Vehicle miles traveled (VMT) provisions of section 

182(d)(1) of the CAA. 

40 CFR 51.900(f) (12). NOx requirements under section 182(f) of the CAA. 

40 CFR 51.905 (13). Attainment demonstration or alternative as provided under 

section 51.905(a)(1)(ii). 

 

 2.South Coast anti-backsliding measures requirements. 

 a.NSR 

 b.Section 185 Penalty Fees 

 c.Contingency Measures 

 

D. The applicable implementation plan has been fully approved by EPA under section 110(k) 

and must satisfy all requirements that apply to the area. 

E. The state has a fully approved maintenance plan, including a contingency plan under 175A. 

 1. Attainment Inventory. For what years were emissions inventories prepared and how were 

they developed? In the interim, what are the total season-day and/or annual emissions by 

pollutant for point, area, and mobile sources for the attainment and maintenance years? 

a. BRNA Attainment Year Emission Inventory 

b. Point Source Emissions 

 c. Non-point Source Emissions 

 d. On-Road Emissions 

 e. Non-road Emissions 

f. Emissions Reductions as Shown by Emissions Inventory Data 

g. Attainment Modeling 

 2. Maintenance Demonstration. For what years were emissions inventories prepared and 

how were they developed? What transportation, emission, and/or dispersion models were used? 

What were the significant input parameters, including air quality data and assumptions used in 

the demonstration? What are the model results? 

a. VOC and NOx Emissions 

 b. Trend Analysis 

 c. Effect/Impact of CAIR/Cross-State Air Pollution Rule 

 3. Monitoring Network. Once the State is redesignated, it should operate with an appropriate 

air quality monitoring network, in accordance with 40 CFR 58, to verify the attainment status of 

the area. 

 

 4. Verification of Continued Attainment. The State should ensure it has legal authority to 

implement and enforce all measures necessary to attain and to maintain the NAAQS. 

 5. Contingency plan. 175A requires that a maintenance plan include contingency provisions, 

as necessary, to promptly correct any violation of the NAAQS that occurs after redesignation of 
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the area. What are the maintenance plan contingency measures, triggers and commitments ? 

What is the process for tracking the plan and reporting the results to EPA? What are the 

adoption and implementation schedules for the contingency measures? How is maintenance 

demonstrated in the interim years? Are additional controls to be adopted and implemented in 

the future to offset emission increases, and what is the impact of these controls on emissions 

inventory planning cap(s)? 

 a. Triggers. The State should identify triggers which will be used to determine when the 

contingency measures need to be implemented. 

 b. Contingency Measures. These should be adopted expediently once they are triggered, 

plan should identify the measures to be adopted, a schedule and procedure for adoption and 

implementation, and a specific time limit for action the State. 

 6. Commitments. What are the commitments by the State in the maintenance plan? 

F. What was the public hearing and what are the results of any comments received by the State? 

What is the status of any outstanding SIP call or findings letter, if any? 

 1. Clean Air Interstate Rule (CAIR) 

 2. Reformulated Gasoline 

G. What is EPA’s evaluation of the State’s supporting materials that accompanied the submittal, 

such as the technical data and commitment letter, and how do these materials conform to EPA 

policy, guidance, and the Clean Air Act? 

Part II. Motor Vehicle Emission Budget 

A. What is EPA’s Evaluation of the BRNA Area’s Motor Vehicle Emissions Budget? 

B. Is the MVEB Approvable? 

Part III. Recommendation. 

Appendix A 

 * * * * * * * * * * * * * * * * 

Part I 

Part I: Documentation according to the above guidance memos. 

A. The EPA has determined that the national ambient air quality standards (NAAQS) 

have been attained based on ambient air quality data. What years are the supporting air 

quality data covering? Where are the monitors located? What are the relevant 

concentrations? 

EPA has previously determined that that the BRNA ozone nonattainment area has 

attained the both 1- hour and 1997 8-hour ozone standard. 

For ozone, an area may be considered to be attaining the 1997 8-hour ozone NAAQS if 
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there are no violations, as determined in accordance with 40 CFR 50.10 and Appendix I of part 

50, based on three complete, consecutive calendar years of quality-assured air quality monitoring 

data. This standard is attained if the 3-year average of the annual fourth highest daily maximum 

8-hour average ambient ozone concentration at each monitor in the area that is eligible for 

comparison to the NAAQS is less than or equal to 0.08 ppm. Based on the rounding convention 

described in 40 CFR part 50, Appendix I, the 1997 8-hour ozone standard is attained at a monitor 

if the design value is 0.084 ppm or below. The data must be collected and quality-assured in 

accordance with 40 CFR part 58, and recorded in the EPA Air Quality System (AQS). The 

monitors generally should have remained at the same location for the duration of the monitoring 

period required for demonstrating attainment. For ease of communication, many reports of 

ozone concentrations are given in parts per billion (ppb); ppb = ppm x 1,000. Thus, 0.084 ppm 

equals 84 ppb. 

EPA approved a final determination of attainment of the 1997 8-hour standard on 

September 9, 2010. 75 FR 54778. This determination was based on quality assured, certified 

monitoring data for the monitoring periods 2006-2008 and 2007-2009, and certified data from 

the 2010 ozone season that showed continuing attainment of the standard for the 2008-2010 

monitoring period. The design value for 2006 – 2008 is 0.083 ppm; the design value for 2007 – 

2009 is 0.080 ppm. The design value for the 2008 – 2010 ozone seasons is 0.078 ppm. The data 

for all three sets of ozone seasons show that the BRNA area is attaining the 1997 8-hour ozone 

NAAQS. 

Table 1 provides the 8-hour design values based on data from the ten monitors in the 

BRNA area. Each of the ten monitoring sites in the BRNA area monitored attainment with the 

1997 8-hour ozone standard for the 2006-2010 ozone seasons. (To find the overall design value 

for the area for a given year, simply find the highest design value from any of the ten monitors 

for that year.) As mentioned above, the location of each monitoring site in the BRNA area is 

shown on the map entitled, “Map of the Baton Rouge Ozone Maintenance Area Monitoring 

Network” (Figure 2 in the document Louisiana State Implementation Plan Revision, Baton 

Rouge Ozone Maintenance Area, Redesignation Request and Maintenance Plan) included in the 

docket associated with this action. 

 
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Table 1 

Table 1 – Fourth High 8-hour Ozone Average Concentrations and Design Values (ppm) in the 

Baton Rouge Area 1 

Site 4th Highest Daily Max 

Design Values 

Three Year Averages 

2006 2007 2008 2009 2010 2006-

2008 

2007-

2009 

2008- 

2010 

Plaquemine 

(22-047-0009) 

0.083 0.079 0.076 0.071 0.074 0.079 0.075 0.073 

Carville 

(22-047-0012) 

0.085 0.086 0.073 0.076 0.072 0.081 0.078 0.073 

Dutchtown 

(22-005-0004) 

0.087 0.088 0.074 0.074 0.078 0.083 0.078 0.075 

Baker 

(22-033-1001) 

0.091 0.077 0.071 0.071 0.075 0.079 0.073 0.072 

LSU 

(22-033-0003) 

0.085 0.085 0.072 0.084 0.080 0.080 0.080 0.078 

Grosse Tete 

(22-047-0007) 

0.086 0.084 0.071 0.070 0.074 0.080 0.075 0.071 

Port Allen 

(22-121-0001) 

0.087 0.076 0.072 0.072 0.071 0.078 0.073 0.071 

Pride 

(22-033-0013) 

0.082 0.077 0.074 0.072 0.071 0.077 0.074 0.072 

French Settlement 

(22-063-0002) 

0.079 0.084 0.075 0.075 0.076 0.079 0.078 0.075 

Capitol 

(22-033-0009) 

0.084 0.074 0.067 0.076 0.076 0.075 0.072 0.073 

1

 Unlike for the 1-hour ozone standard, design value calculations for the 1997 8-hour 

ozone standard are based on a rolling three-year average of the annual 4th highest values 

(40 CFR Part 50, Appendix I). 

 
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The fourth high values for 8-hour ozone for 2006 through 2009, and the 3-year average of these 

values (i.e., design value), are summarized in Table 2: 

Table 2 

BRNA Area 

Fourth Highest 8-hour Ozone Concentrations and Design Values 

Data Summary (ppm) 1

Area 

Overall 

4th Highest Daily Max 

Design Values 

BRNA Three Year Averages 

2006 2007 2008 2009 2010 2006-2008 2007-2009 2008-2010 

 0.091 0.088 0.076 0.084 0.080 0.083 0.080 0.078 

1

 Unlike for the 1-hour ozone standard, design value calculations for the 8-hour ozone 

standard are based on a rolling three-year average of the annual 4th highest values (40 

CFR Part 50, Appendix I). 

As shown in Table 2, the 8-hour ozone design values for 2008, 2009, and 2010, which are 

based on a three-year average of the fourth-highest daily maximum average ozone concentration 

at the monitor recording the highest concentrations, are below the 1997 8-hour ozone NAAQS. 

The design values of 0.083 ppm for 2006-2008, 0.080 ppm for 2007-2009, and 0.078 ppm for 

2008-2010 demonstrate the area is in attainment of the 1997 8-hour ozone NAAQS. Certified 

data through 2010 have been quality assured, as recorded in AQS. Draft data in AIRNow for 

2011 not yet certified also indicate that the area continues to attain the 1997 8-hour NAAQS (and 

the 1-hour standard). The design value for the BRNA area for 2008-2010 is 0.078 ppm. In 

summary, monitoring data for BRNA for the years 2008 through 2010, as well as the preliminary 

draft monitoring data for 2011, show continued attainment of the 1997 8-hour ozone standard. 

In addition, on February 10, 2010, EPA approved a final determination of attainment of 

the 1-hour ozone standard based on the 2006-2008 set of data (75 FR 6570). Table 3 shows the 

certified data for the area through the 2010 monitoring period continuing to attain the 1-hour 

ozone standard. Draft 1-hour data for 2011 shows continued attainment to date. 

Table 3. Summary of 1-Hour Design Values Through 2010 

Monitoring Period Design Value (ppb) 

2006-2008 114 

2007-2009 114 

2008-2010 107 

In summary, EPA previously determined that complete, quality-assured data for 2006-

2010 ozone seasons show that the BRNA 8-hour ozone nonattainment area has attained the 1997 
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8-hour ozone NAAQS, and draft data for 2011 (not yet in AQS and not yet certified) show that 

the area continues to attain the standard. 

Should the area violate the 1997 8-hour ozone standard before the proposed redesignation 

is finalized, EPA will not proceed with final redesignation. 

B. The EPA has determined that the improvement in air quality is due to permanent and 

enforceable reductions in emissions. 

EPA believes that Louisiana has demonstrated that the observed ozone air quality 

improvement in the BR area is due to permanent and enforceable reductions in emissions 

resulting from implementation of emissions controls contained in the SIP, Federal control 

measures, and other State-adopted control measures. In Louisiana’s 1997 8-hour ozone 

redesignation request, the State documented all the emission control rules or programs that have 

impacted VOC and NOx emissions during the period 1991 - 2008. These can be found on page 

14 and 15 of the State’s submittal. For a discussion of the emission inventory and emission 

reduction trend data, see sections E.1. and 2. below 

1. Reasonably Available Control Techniques 

A number of VOC and NOx RACT rules developed in prior years have continued 

to provide additional VOC and NOx emission reductions during the more recent years. For VOC 

controls, including the source categories covered by the most recently published CTGs (see a 

discussion of the new CTG RACT source categories below), Louisiana has adopted and 

implemented VOC RACT rules for source categories covered by older (prior to 2006) CTGs and 

for major non-CTG sources in Ascension, East Baton Rouge, Iberville, Livingston, and West 

Baton Rouge Parishes. All VOC RACT rules are contained in Chapter 21 of Title 33, Part III of 

the Louisiana Administrative Code (LAC 33.III.21)), and all NOx RACT rules are contained in 

Chapter 22 of Title 33, Part III (LAC 33.III.22). All VOC and NOx RACT rules have been 

proposed for approval (March 13, 2011, 76 FR 14602) and will be finalized by the EPA as 

revisions of the Louisiana SIP by the time this rulemaking goes final. A detailed analysis of 

RACT in the BRNA is found below in section D. The State has met all applicable requirements 

for the area under section 110 and part D for RACT. 

LDEQ also adopted VOC rules for batch process and industrial wastewater 

sources. These rules were initially adopted in 1995, with emissions reductions resulting from 

these rules beginning one year from promulgation. The last amendments to this rule were in 

2004, with those reductions taking place starting in 2005. 

2. ROP Plans and Attainment Demonstration Plan 

The requirements for the State to submit ROP and attainment plans for the 1997 

8-hour and the 1-hour ozone standards were suspended when EPA made determinations of 

attainment for these standards on February 10, 2010 (for the 1-hour) and September 9, 2010 (for 

the 8-hour ozone standard), cited above. 
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The state has implemented all required emission reduction control measures 

required by the Clean Air Act including implementation of the VOC and NOx emission control 

programs and implementation of all emission control measures contained in the various ROP 

plans applicable to Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge 

Parishes. EPA approved a 1-hour 15% ROP Plan on October 22, 1996 (61 FR 54737). EPA 

approved the Post-1996 VOC and NOx ROP Plan on July 2, 1999 (64 FR 35930). The Post-1996 

ROP Plan provided 9 percent reductions. EPA also approved a 1-hour serious area attainment 

demonstration on October 2, 2002 (67 FR 61786).

3. NOx Control Rules 

 LDEQ developed NOx emission control rules for electric power generating system 

boilers, industrial boilers, process heaters, gas turbines, rich-burn and lean-burn stationary gasfired internal combustion engines in addition to what was required in the CAA. These rules were 

adopted in February 2002. Emission reductions estimated at 40 tons per day resulted from these 

rules starting no later than May 1, 2005. 

 Subsequent to the 1990 CAA amendments, Louisiana complied with the planning 

requirements of the CAA for a serious 1-hour ozone nonattainment area (67 FR 61786, October 

2, 2002).1

 But because the area failed to attain that standard by the attainment date for a serious 

1-hour ozone nonattainment area, in anticipation of being reclassified to severe, and in response 

to EPA’s Clean Air Interstate Rule (remanded back to EPA), additional NOx emission reductions 

were achieved through the implementation of NOx control measures for stationary sources which 

were adopted by the state effective on February 20, 2002, and approved by EPA on September 

27, 2002 (67 FR 60877). These rules were implemented between February 20, 2002, and May 1, 

2005. The Baton Rouge area was reclassified as severe for the 1-hour ozone standard on April 

24, 2003. (68 FR 20077) 

 

 

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 A litigant challenged EPA’s approval of the serious area contingency measures, but the obligation related to these 

measures was later suspended by EPA’s determination that the area has attained the 1-hour standard (75 FR 6570, 

February 10, 2010). 
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The rules established emission factors (standards) for NOx sources within the Baton 

Rouge nonattainment area. These revisions achieved approximately 40 TPD of additional NOx 

reductions in the Baton Rouge nonattainment area. The specific standards are listed below. 

NOx Reduction Measures 2002-2005 NOx Standard 

Electric Power Generating System Boilers 

 Coal-fired > 40 to < 80 MMBtu/hr 

 Coal-fired > 80 MMBtu/hr 

 No. 6 fuel oil-fired > 40 to < 80 MMBtu/hr 

 No. 6 fuel oil-fired > 80 MMBtu/hr 

 All others (gaseous or liquid) > 40 to < 80 MMBtu/hr 

 All others (gaseous or liquid) > 80 MMBtu/hr 

0.50 lb/MMBtu 

0.21 lb/MMBtu 

0.30 lb/MMBtu 

0.18 lb/MMBtu 

0.20 lb/MMBtu 

0.10 lb/MMBtu 

Industrial Boilers > 40 to < 80 MMBtu/hr 

Industrial Boilers > 80 MMBtu/hr 

0.20 lb/MMBtu 

0.10 lb/MMBtu 

Process Heater/Furnaces 

 Ammonia reformers > 40 to < 80 MMBtu/hr 

 Ammonia reformers > 80 MMBtu/hr 

 All others > 40 to < 80 MMBtu/hr 

 All others > 80 MMBtu/hr 

0.30 lb/MMBtu 

0.23 lb/MMBtu 

0.18 lb/MMBtu 

0.08 lb/MMBtu 

Stationary Gas Turbines 

Peaking Service, Fuel Oil-fired > 5 to < 10 MW 

Peaking Service, Fuel Oil-fired > 10 MW 

Peaking Service, Gas-fired > 5 to < 10 MW 

Peaking Service, Gas-fired > 10 MW 

All Others > 5 to < 10 MW 

All Others > 10 MW 

0.37 lb/MMBtu 

0.30 lb/MMBtu 

0.27 lb/MMBtu 

0.20 lb/MMBtu 

0.24 lb/MMBtu 

0.16 lb/MMBtu 

Stationary Internal Combustion Engines 

Lean-burn engines > 150 to < 320 Hp 

Lean-burn engines > 320 Hp 

Rich-burn engines > 150 to < 300 Hp 

Rich-burn engines > 300 Hp 

10 g/Hp-hr 

4 g/Hp-hr 

2 g/Hp-hr 

2g/Hp-hr 

 
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4. Federal Emission Control Measures 

 

LDEQ notes that other Federal emission control measures have had significant 

impacts on VOC and NOx emissions in the BRNA area. Table 4 lists these control measures. 

Table 4. BRNA Federal Emission Reductions Programs 

Federal Measures

o Tier 2 Fuel and Vehicle Emission Standards 

o Onboard Refueling Vapor Recovery (ORVR) for light-duty vehicles 

o Heavy-Duty Engine and Vehicle and Fuel Standards 

o Federal controls on certain nonroad engines 

o National VOC Emission Standards for Automobile Refinish Coatings 

 ○ Volatile Organic Compound Emission Standards for Consumer 

Products

 ○ Volatile Organic Compound Emission Standards for Architectural 

Coatings

 ○ Locomotives and Marine Compression-Ignition Engines 

Tier 2 Emission Standards for Vehicles and Gasoline Sulfur Standards. 2000. 

These emission control requirements result in lower VOC and NOx emissions from new cars and 

light duty trucks, including sport utility vehicles. The Federal rules were phased in between 

2004 and 2009. The EPA has estimated that, by the end of the phase-in period, the following 

vehicle NOx emission reductions will occur nationwide: passenger cars (light duty vehicles) (77 

percent); light duty trucks, minivans, and sports utility vehicles (86 percent); and, larger sports 

utility vehicles, vans, and heavier trucks (69 to 95 percent). VOC emission reductions are 

expected to range from 12 to 18 percent, depending on vehicle class, over the same period. 

Although some emission reductions occurred by the attainment years (2006-2008) in the BRNA 

area, additional emission reductions will occur during the maintenance period. For example, 

note that the Tier 2 emission standards for passenger vehicles weighing over 8,500 pounds were 

not implemented until 2008 or later. 

Heavy-Duty Diesel Engine Rule. 2000. This rule includes standards limiting the 

sulfur content of diesel fuel, which went into effect in 2004. A second phase took effect in 2007, 

which further reduced the highway diesel fuel sulfur content to 15 parts per million, leading to 

additional reductions in combustion NOx and VOC emissions. This rule is expected to achieve a 

95 percent reduction in NOx emissions from diesel trucks and busses manufactured in the years 

the standards are in effect as well as some reductions from the legacy fleet using the lower sulfur 

fuel. 

Non-Road Diesel Rule. 2004. This rule applies to diesel engines used in 

industries, such as construction, agriculture, and mining. It is estimated that compliance with 

this rule will cut NOx emissions from non-road diesel engines by up to 90 percent from newly 

manufactured equipment. This rule will be fully implemented in 2014. 

Locomotives and Marine Compression-Ignition Engines. 2008. This rule includes 

new emission standards for locomotives and marine diesel engines that will reduce NOx
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emissions by about 80 percent compared with engines meeting the current standards. These new 

requirements have three parts: tightening emission standards for existing locomotives and large 

marine engines when they are remanufactured, effective in 2008; establishing Tier III standards 

for new locomotives and marine diesel engines that were phased in beginning in 2009; and 

establishing more stringent Tier IV standards for new locomotives and marine diesel engines that 

will be phased in beginning in 2014. 

5. Additional State and Local Emission Reductions 

Several local permanent and enforceable emission reductions have occurred 

through various mechanisms other than through RACT rules or through Federal emission control 

rules/programs. These State and Local measures, which are permanent and enforceable, include 

the following. 

Stage I and Stage II Vapor Recovery 

These federally required measures control VOC emissions from vehicle refueling 

facilities. Stage I rules require capture of fuel vapors as the underground storage tanks are being 

filled by gasoline delivery fuel trucks. As fuel is pumped into the underground tank the vapors 

being displaced are captured through vapor-tight hoses that lead back to the vapor-tight truck 

tank. The truck takes the vapors back to the distribution point where the vapors are recovered. 

Stage I systems have to be 90% efficient for the Stage II systems to achieve proper efficiency. 

Louisiana has had gasoline storage vessel filling rules on their books in Chapter 21, Subchapter F 

as early as 1987. 

 

Stage II rules (required by the CAA in 182(b)(3)) require that gasoline vapors produced 

by refueling a vehicle are captured and returned to the underground storage tank. This can be 

accomplished by either vapor balance systems or vacuum assist technology. The state requires 

the use of CARB certified equipment which has a capture efficiency of 95%. Stage II was put in 

place to control these vapors before On-Board Refueling Vapor Recovery (ORVR) systems were 

required on gasoline light duty vehicles starting in 1998. By 2006 all new vehicles including 

sport utility vehicles and pickup trucks were required to have ORVR installed on them. 

 

6. Controls to Remain In Effect 

Louisiana commits to maintain all of the current emission control measures for 

VOC and NOx after the BRNA area is redesignated to attainment. Louisiana, through the LDEQ 

Secretary, has the legal authority and necessary resources to actively enforce against any 

violations of the State’s air pollution emission control rules. After the BRNA area is 

redesignated to attainment, LDEQ will implement NSR for major stationary sources and major 

modifications through the PSD program. 

Summary. 

As discussed above, local controls as well as federal emission controls have contributed 

to the ozone air quality improvement in the BRNA area. NOx and VOC emissions have dropped 

substantially. Based on the above, EPA proposes to determine that the 5-parish area and the 

State of Louisiana have met the requirement of section 107(d)(3)(E)(iii) of the CAA, and have 
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demonstrated that the improvement in air quality is due to permanent and enforceable emission 

reductions. 

As noted above, Louisiana has committed to retaining all existing emission control 

measures that affect ozone levels in the BRNA area after Ascension, East Baton Rouge, 

Iberville, Livingston, and West Baton Rouge Parishes are redesignated to attainment of the 1997 

eight-hour ozone NAAQS. All changes in existing rules subsequently determined to be 

necessary must be submitted to the EPA for approval as SIP revisions. 

C. The State has met all applicable requirements for the area under section 110 and part D. 

EPA has reviewed the Louisiana SIP for the BR area with respect to SIP 

requirements applicable for purposes of redesignation under part D of the Act for both the 1-hour 

ozone NAAQS and the 1997 8-hour ozone NAAQS. EPA believes that the Louisiana SIP for the 

BRNA area contains all approved SIP measures that meet the part D requirements applicable for 

purposes of redesignation. EPA has approved or proposed to approve all of the required Part D 

elements. We are proposing to find the NOX and VOC RACT requirements have been met as 

part of this action. The VOC RACT finding is contingent on our finalizing the proposed 

approval of the rules implementing RACT controls on the source categories covered by the 

CTGs Rules Update prior to this redesignation being final. We finalized a 185 Fees Termination 

Determination on July 7, 2011 at 76 FR 39755. 

The 1-hour and 1997 8-hour ozone applicable requirements are discussed in detail below. 

The anti-backsliding provisions at 40 CFR 51.905(a)(1) prescribe one-hour ozone 

NAAQS requirements that continue to apply after revocation of the one-hour ozone NAAQS for 

former one-hour ozone nonattainment areas. Section 51.905(a)(1) provides that: 

The area remains subject to the obligations to adopt and implement the applicable 

requirements defined in section 51.900(f), except as provided in paragraph (a)(1)(iii) of 

this section and except as provided in paragraph (b) of this section. 

Section 51.900(f), as amended by 70 FR 30592, 30604 (May 26, 2005), provides 

that: “Applicable requirements” means that for an area the following requirements, to the extent 

such requirements applied to the area for the area’s classification under section 181(a)(1) of the 

CAA for the one-hour NAAQS at the time of designation for the eight-hour NAAQS, remain in 

effect: 

 (1) Reasonably available control technology (RACT). 

 (2) Inspection and maintenance programs (I/M). 

 (3) Major source applicability cut-offs for purposes of RACT. 

 (4) Rate of Progress (ROP) reductions. 

 (5) Stage II vapor recovery. 

 (6) Clean fuel vehicle program under section 182(c)(4) of the CAA. 

 (7) Clean fuels for boilers under section 182(e)(3) of the CAA. 

(8) Transportation Control Measures (TCMs) during heavy traffic hours as 

provided under section 182(e)(4) of the CAA. 
14 

14 

 (9) Enhanced (ambient) monitoring under section 182(c)(1) of the CAA. 

 (10) TCMs under section 182(c)(5) of the CAA. 

(11) Vehicle Miles Travelled (VMT) provisions of section 182(d)(1) of the CAA. 

 (12) NOx requirements under section 182(f) of the CAA. 

(13) Attainment demonstration or alternative as provided under section 

51.905(a)(1)(ii). 

Pursuant to 40 CFR 51.905(c), the area is subject to the obligations set forth in 51.905(a) and 

51.900(f) as well as the additional 1-hour anti-backsliding requirements discussed in the Court’s 

decisions in South Coast Air Quality Management Dist. v. EPA:. The following addresses how 

the applicable CAA requirements have been met in the BRNA. 

40 CFR 51.900(f)(1) and (3). RACT and Major source applicability cut-offs for purposes of 

RACT. 

EPA found that the BRNA area met the serious area VOC and NOx RACT requirements 

for the 1-hour standard on February 2, 1998 (62 FR 63658). The changes to the batch process 

rules that lower the threshold for affected sources of VOC emissions to the serious area 

requirements of 50 tons per year (tpy) were approved on September 8, 1998 (63 FR 47429). 

This approval action satisfies the 1-hour ozone serious RACT requirements for the BRNA area. 

RACT requirements for the severe area requirements are being acted upon concurrently 

in a separate action proposed on March 17, 2011, 76 FR 14602 FR. Major source thresholds of 

25 tpy for both VOC and NOx were lowered in general rule revisions that were finalized in a 

separate rulemaking at (76 FR 38977) July, 5,. The state has complied with this requirement. 

An analysis of the efficacy of the state’s RACT rules for VOC and NOx can be found in 

the Technical Support Document for RACT available in the Docket. The analysis shows that the 

RACT rules for VOC and NOx meet the requirements for RACT and therefore are approvable. 

40 CFR 51.900(f) (2). Inspection and maintenance programs (I/M). 

The BRNA area was required to implement an enhanced I/M program under 1-hour serious area 

requirements. We approved an OBD-only I/M program for the 5-parish area on September 26, 

2002 (67 FR 60594), and as revised on November 13, 2006 (71 FR 66113). The state has 

continued to satisfactorily operate this program based on information submitted to EPA in July 

of each year detailing operation of the program, and an informal on-site program visit conducted 

in January 2005. The state has complied with this requirement. 

40 CFR 51.900(f) (4). Rate of progress reductions. We approved the post-1996 ROP Plan and 

its associated MVEB and a revised 1990 base year emissions inventory on July 2, 1999 (64 FR 

35930). On October 2, 2002 (67 FR 61786) we approved revisions to the 15% and 9% ROP 

plans for the BRNA serious 1-hour ozone nonattainment area. These plans covered the periods 

of 1990-1996, and 1997-1999, respectively. The state submitted a ROP plan for the years 2002-

2008 as part of the 8-hour attainment plan requirements on August 31, 2010. EPA suspended the 

requirement for the State to submit a ROP plan when we made a determination of attainment of 

the 1997 8-hour standard on September 9, 2010. The state has complied with this requirement. 
15 

15 

40 CFR 51.900(f) (5) Stage II vapor recovery. EPA approved Louisiana’s Stage II rules and 

amendments for the BRNA area on March 25, 1994 (59 FR 14112). The state has complied with 

this requirement. 

40 CFR 51.900(f)(6) Clean fuels fleet program. EPA approved a substitute clean fuels fleet 

program for the BRNA area on July 19, 1999 (64 FR 38577). The state has complied with this 

requirement. 

40 CFR 51.900(f) (7) Clean fuels for boilers under section 182(e)(3) of the CAA. This is an 

extreme area requirement and therefore does not apply to the BRNA severe area. 

40 CFR 51.900(f)(8) Transportation Control Measures (TCMs) during heavy traffic hours 

as provided under section 182(e)(4) of the CAA. This is an extreme area requirement and 

therefore does not apply to the BRNA severe area. 

40 CFR 51.900(f) (9) Enhanced (ambient) monitoring under section 182(c)(1) of the CAA. 

EPA approved the Louisiana SIP revision for enhanced ambient monitoring on June 19, 1996 (61 

FR 31035) as meeting section 182(c)(1) of the CAA. The monitoring network meets the 

requirements in 40 CFR Part 58 and Section 182(c)(1) for enhanced monitoring. The state has 

complied with this requirement. 

40 CFR 51.900(f) (10) TCMs under section 182(c)(5) of the CAA. As required by the Clean 

Air Act section 176(c) (42 U.S.C. 7506(c)), the State, demonstrated conformity of area 

transportation plans to the motor vehicle emissions budgets established in the BRNA Rate-ofProgress SIP approved by EPA on October 2, 2002 ( 67 FR 61786). The current aggregate 

vehicle mileage, aggregate vehicle emissions, congestion levels, and other relevant parameters 

were determined, as part of the conformity analysis, to be consistent with those used for the 

area's demonstration of progress towards attainment. The state has complied with this 

requirement. 

40 CFR 51.900(f)(11) Vehicle miles traveled (VMT) provisions of section 182(d)(1) of the 

CAA. This is a severe area requirement applied to the BRNA 1-hour severe ozone 

nonattainment area. EPA approved the VMT Offset Analysis on November 21, 2006 at 71 FR 

67308. The analysis showed that no additional TCMs were needed to stay under the emission 

ceiling established through modeling of mandated transportation-related controls. The state has 

complied with this requirement. 

40 CFR 51.900(f) (12) NOx requirements under section 182(f) of the CAA. These 

requirements were satisfied by a previous EPA action approving a Louisiana SIP revision for 

rescission of section 182(f) for NOx controls in the BRNA area on June 4, 2003 (68 FR 23597). 

The state has complied with this requirement. 

40 CFR 51.905 (13) Attainment demonstration or alternative as provided under section 

51.905(a)(1)(ii). Louisiana elected the option to submit an 8-hour ozone attainment 

demonstration SIP to demonstrate attainment of the 1997 8-hour ozone standard by the area's 8-
16 

16 

hour ozone attainment date with associated MVEBs and an RACM analysis. The SIP was 

submitted to EPA on August 31, 2010. EPA has not acted on it. As discussed previously, EPA’s 

long-held position is that an attainment demonstration with the RACM analysis is not an 

applicable requirement for purposes of evaluating an ozone redesignation request where the area 

is attaining the standard. (General Preamble, 57 FR 13564). See also 40 CFR 51.918. Upon 

redesignation, the obligation is terminated. Morevoer, when EPA determined that BRNA 

attained the 1997 8-hour standard on September 9, 2010, we suspended the requirement for the 

state to submit a moderate area attainment demonstration. The state has submitted a modeling 

(attainment) demonstration for the 1997 8-hour standard. When we determined that BRNA 

attained the 1-hour ozone standard on February 10, 2010, we also suspended the requirement for 

the state to submit a 1-hour severe attainment demonstration. The state has complied with this 

requirement. 

South Coast anti-backsliding measures. 

1. NSR. 

EPA believes that NSR is not an applicable requirement for purposes of evaluating an ozone 

redesignation request. The rationale for this view is described in a memorandum from Mary 

Nichols, Assistant Administrator for Air and Radiation dated October 14, 1994, titled, “Part D 

New Source Review Requirements for Areas Requesting Redesignation to Attainment.” The 

State’s PSD program becomes effective in the area immediately upon redesignation to 

attainment2

. Consequently, EPA concludes that an approved NSR program is not an applicable 

requirement for purposes of redesignation. See the more detailed explanations of this issue in the 

following rulemakings: Detroit, Michigan (60 FR 12467-12468 (March 7, 1995); ClevelandAkron-Lorain, Ohio (61 FR 20458, 20469-20470, May 7, 1996); Louisville, Kentucky (66 Fr 

53665, 53669, October 23, 2001); Grand Rapids, Michigan (61 FR 31831, 31836-31837, June 

21, 1996). 

2. Section 185 fees. 

This is a severe and above area requirement. Under the 1-hour severe classification for Baton 

Rouge, this was a requirement. In January 5, 2010 guidance, EPA stated that the requirement for 

the 185 fee requirement could be terminated if the area had clean data and demonstrated that 

permanent and enforceable measures were in place. In a separate action, EPA determined that 

the state does not need to submit a SIP revision for the 185 fee requirement based on meeting the 

requirements of this guidance. (76 FR 39775, July 7, 2011) When this termination 

determination is final, the state will no longer be required to adopt a section 185 fee program. 

 On July 7, 2011 (76 FR 39755), EPA finalized approval of a determination to terminate 

the CAA section 1-hour ozone 185 penalty fees program requirement for the BRNA EPA’s 

rulemaking cited a January 5, 2010 guidance document regarding section 185, but the 

rulemaking proposal also set forth separately in detail EPA’s proposed rationale for terminating 

1-hour ozone antibacksliding 185 requirements when EPA determines that an area has attained 

the 1 –hour standard and when that attainment is due to permanent and enforceable requirements. 

76 FR 17368 (March 29, 2011). EPA proposed and explained both its interpretation of 

termination requirements, derived from statutory criteria for redesignation, and the application of 

 

2

 If the State believes that a rule change is required, it must adopt and submit it to EPA for approval as a SIP 

revision. Upon EPA’s approval of the SIP revision submittal, PSD applies in the area. 
17 

17 

this interpretation to the specific circumstances of the Baton Rouge area. EPA explained that 

the Baton Rouge area met core redesignation requirements that would have been applicable were 

EPA still redesignating areas for the 1-hour standard – a process EPA discontinued six years ago 

because it was unnecessary and not consistent with revocation of the 1-hour standard. 

 EPA published notice of its proposed termination and EPA’s underlying rationale in the 

Federal Register, and established a 30-day period for public comments to be submitted. No 

adverse comments were received; however, commenters submitted 13 sets of comments in 

support of EPA’s proposal. 

 On June 23, 2011, EPA signed a final rulemaking that terminated the 1-hour 

antibacksliding section 185 requirements for the Baton Rouge area. Subsequently, on July 1, 

2011, the D.C. Circuit issued a ruling in Natural Resources Defense Council v. EPA, No.10-1056 

(D.C. Cir), vacating the guidance document.. The Court's opinion, however, did not address the 

rationale or circumstances pertaining to the termination of the 1-hour antibacksliding 185 

requirements for any area including the Baton Rouge area. In the case of Baton Rouge, EPA, 

after providing for notice and comment on its proposed rationale and how it applies to the facts 

of Baton Rouge, determined that the area has attained the 1-hour ozone standard, and that this 

attainment is due to permanent and enforceable emissions reductions. In its proposed 

rulemaking, EPA explained how and why these findings justify termination of the section 185 

requirements for Baton Rouge. See 76 FR 17368. EPA believes that the procedure and 

substance of the Baton Rouge rulemaking are outside the scope of the agency action of which the 

Court disapproved in its July 1 ruling, and that therefore the Baton Rouge termination 

determination survives and withstands the Court’s ruling regarding EPA’s guidance. 

In its Baton Rouge proposal, EPA proposed its interpretation of the statutory 

requirements. EPA stated its belief that a state could meet its 185 1-hour anti-backsliding 

obligations through a SIP revision containing either the fee program prescribed in section 185, 

or an equivalent alternative program. It stated: “EPA believes that an alternative program may 

be acceptable if it is consistent with the principles of section 172(e) of the CAA, which allows 

EPA through rulemaking to accept alternative programs that are “not less stringent” where EPA 

has revised the NAAQS to make it less stringent. EPA explained that in its Phase 1 ozone 

implementation rule for the 1997 ozone NAAQS (69 FR 23951 April 30, 2004), EPA determined 

that although section 172(e) does not directly apply where EPA has strengthened the NAAQS, as 

it did in 1997, it was reasonable to apply the same principle for the transition from the 1-hour 

NAAQS to the 1997 8-hour NAAQS. 76 FR 17369-70. As part of applying the principle in 

section 172(e) for purposes of the transition from the 1-hour standard to the 1997 8-hour 

standard, EPA went on to state that it would 

“ consider alternative programs to satisfy the section 185 fee program SIP revision 

requirement. States choosing to adopt an alternative program to the section 185 fee 

program must demonstrate that the alternative program is no less stringent than the 

otherwise applicable section 185 fee program and EPA must approve such demonstration 

after notice and comment rulemaking. ” 

In the Baton Rouge proposed rulemaking, EPA proposed that if it determined that the 

area is attaining the 1-hour ozone NAAQS, based on permanent and enforceable emissions 
18 

18 

reductions, the area's existing SIP could be considered an adequate alternative program. EPA 

explained that under these circumstances, the Baton Rouge area's existing SIP measures, in 

conjunction with other enforceable Federal measures, would be adequate to achieve attainment, 

which is the purpose of the section 185 program. EPA stated that “the section 185 fee program 

is an element of an area's attainment demonstration, and its object is to bring about attainment 

after a failure of an area to attain by its attainment date. Thus, areas that have attained the 1-hour 

ozone standard, the standard for which the fee program was originally required, as a result of 

permanent and enforceable emission reductions, would have a SIP that is not less stringent than 

the SIP required under section 185.” 76 FR 17370. 

EPA further explained its position: 

“We believe that it is reasonable for the fee program obligation that applies for purposes 

of anti-backsliding to cease upon a determination, based on notice-and-comment 

rulemaking, that an area has attained the 1-hour ozone standard due to permanent and 

enforceable measures. This determination centers on the core criteria for redesignations 

under CAA section 107(d)(3). We believe these criteria provide reasonable assurance that 

the purpose of the 1-hour anti-backsliding fee program obligation has been fulfilled in the 

context of a regulatory regime where the area remains subject to other applicable 1-hour 

anti-backsliding and 8-hour measures.” 76 FR 17370. 

 In the proposed rulemaking, EPA referred to the January 5, 2010 guidance as “expressing 

[EPA’s] views” as to “potential rationales” (76 FR 17371, emphasis added) for terminating 1-

hour ozone section 185 requirements. With respect to the 1-hour section 185 anti-backsliding 

requirements for Baton Rouge, however, EPA stated that its proposed rulemaking notice for 

that area “ formally sets forth EPA's legal interpretation concerning the basis for terminating 

those obligations”, thereby making the specific rationale for Baton Rouge subject to notice and 

comment rulemaking. EPA then discussed at length the facts supporting its proposed finding 

that the Baton Rouge area had continuously attained the 1-hour ozone standard 2006-2008 time 

period, and that the state had shown that this attainment is due to permanent and enforceable 

emissions limitations, thereby supporting the conclusion that the State SIP had supplied an 

adequate alternative program under the specific circumstances presented. 76 FR 17371-72. 

 The Court's opinion does not preclude EPA from terminating the 1-hour section 185 

antibacksliding requirement for areas like Baton Rouge, that EPA has determined through notice 

and comment rulemaking, have attained the 1-hour ozone standard due to permanent and 

enforceable emissions reductions. 

We therefore believe that, for the purpose here of evaluating applicable requirements 

pertaining to redesignation, Louisiana’s obligation to satisfy the 1-hour ozone anti-backsliding 

requirement for section 185 fees has been terminated . 

3. Contingency Measures. 

Sections 172(c)(9) and 182(c)(9) of the CAA require ozone control plans to contain measures to 
19 

19 

be implemented in the event that any milestone in the ozone control plan is missed. When EPA 

determined that the BRNA area had attained the 1-hour and 1997 8-hour standards under the 

Clean Data Determination final actions (see previous references to these approvals), we 

suspended requirements that the state provide contingency measures for the 1-hour serious and 

severe area SIPs and the 1997 8-hour moderate SIP. 

As noted in the proposed rule, it is EPA’s position that contingency measures are not an 

applicable requirement for purposes of evaluating an ozone redesignation request. EPA’s longheld position is that those requirements expressly linked by statutory language with the 

attainment and reasonable further progress do not apply when an area requesting redesignation is 

attaining the standard. As stated in detail in the 1-hour Clean Data Determination (75 FR 

13166), the requirement for the BRNA area to submit serious area contingency measures and 

severe area contingency measures was suspended, and the obligation will be terminated upon a 

final approval of the redesignation action. 

D. The applicable implementation plan has been fully approved by EPA under section 

110(k) and must satisfy all requirements that apply to the area. 

With the exceptions noted above for, the proposed RACT Update Analysis, and the 

separate CTG Rules Update action, EPA believes the state has a fully approved SIP for the BR 

area, under section 110(k) of the CAA for all requirements applicable for purposes of 

redesignation. Once EPA has finalized approvals of the RACT Analysis and CTG rules, the area 

will have met all applicable requirements for purposes of redesignation for the 1997 8-hour 

ozone standard. 

When EPA determined that BRNA was attaining the 1997 8-hour standard on September 

9, 2010, we suspended the requirement for the state to submit a moderate area attainment 

demonstration, rate of progress plan, and contingency measures. The state has submitted a 

modeling (attainment) demonstration for the 1997 8-hour standard in support of the maintenance 

demonstration. When we determined that BRNA was attaining the 1-hour ozone standard on 

February 10, 2010, we also suspended the requirement for the state to submit a 1-hour severe 

attainment demonstration, rate of progress plan, and contingency measures. 

E. Maintenance Plan. 

EPA concludes that the State has submitted an approvable maintenance plan 

under 175A. 

In conjunction with its request to redesignate the BRNA, the State of Louisiana 

included a SIP revision to provide for maintenance of the 1997 8-hour ozone NAAQS in the 

Baton Rouge area for at least ten years after redesignation to attainment. 

Section 175A of the CAA sets forth the required elements of air quality 

maintenance plans for areas seeking redesignation to attainment of a NAAQS. Section 175A 

requires that a maintenance plan demonstrate continued attainment of the ozone NAAQS for at 

least 10 years after EPA redesignates the area to attainment. The state must commit to submit a 

revised maintenance plan within 8 years after the redesignation. This revised maintenance plan 
20 

20 

must provide for maintenance of the ozone standard for an additional 10 years beyond the initial 

10 year maintenance period. To address the possibility of future NAAQS violations, the 

maintenance plans must contain contingency measures, with schedules of implementation, as 

EPA deems necessary, to assure prompt correction of any future NAAQS violation. EPA 

Guidance entitled, “Procedures for Processing Request to Redesignate Areas to Attainment,” 

John Calgani, 09/04/92, provides additional guidance on the content of maintenance plans: 

1. Attainment VOC and NOx emissions inventories; 

2. Maintenance demonstration showing maintenance for the 10 years of the maintenance 

period; 

3. Commitment to maintain the existing monitoring network; 

4. Factors and procedures to be used to for verification of continued attainment; and 

5. Contingency plan to prevent/correct any future violation of the NAAQS. 

 1. Attainment Inventory- VOC and NOx emissions. For what years were emissions 

inventories prepared and how were they developed? In the interim, what are the total seasonday and/or annual emissions by pollutant for point, area, and mobile sources for the attainment 

and maintenance years? 

Sections 172(c)(3) and 182(b)(1) of the CAA require that the SIP include an inventory of 

actual emissions from all sources of relevant pollutants in the nonattainment area. The emission 

inventory for an ozone nonattainment area contains VOC and NOx emissions as these pollutants are 

precursors to ozone formation. 

LDEQ developed the 2006 inventory from previous SIP development work 

conducted by TCEQ for a 2006 episode that was grown and refined from EPA’s 2002 National 

Emission Inventory. The 2002 inventory was used as the basis to prepare a comprehensive 

emissions inventory for the BRNA including point, area, on-road, off-road mobile sources for the 

year 2006. On February 14, 2011, LDEQ submitted an amended version of this submittal, titled 

“Attainment Inventory”, in which the emission inventory factors were grown to the year 2022 in 

response to EPA comments. Using the 2006 inventory for NOx and VOC in the BRNA area, 

emissions were projected for the interim years of 2008, 2012, 2016, 2020, and 2022 which were 

selected to show a trend analysis for maintenance of the 1997 8- hour ozone NAAQS. 

The State also documented the VOC and NOx emission control measures that have 

been implemented in the BRNA area over the past several years, and projected emissions through 

the year 2022. Such controls include Point Source NOx, National Volatile Organic Compound 

Emission Standard for Consumer Products, National Volatile Organic Compound for Architectural 

Coatings, NLEV program/Tier II Engine and Fuel Standards, Stage I and Stage II Vapor Recovery, 

Locomotive and Marine Compression-Ignition Engines, and 2004 Clean Air Non-Road Diesel 

Rule. Table 5 lists the 2006 NOx and VOC emissions for the BRNA area. 
21 

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Table 5. BRNA Emission Inventory 

2006 Inventory (Tons/Day) 

Source 

Type

NOx VOC

Point 73.40 33.10 

Area 4.06 31.59 

Non-road 36.75 13.60 

On-road 

Mobile 

29.30 17.60 

Total 143.51 95.89 

 

 The 2006 and projected years emissions for the BRNA area were determined 

using the following procedures: 

Point Source Emissions

 Industrial sources are required to submit emissions data to LDEQ annually. 

LDEQ notifies these sources in writing, and provides them with reporting instructions, deadlines 

and certification requirements. The data had to be submitted electronically on an annual basis, 

and a certification statement has to be signed by the responsible party and sent in by mail. 

Emissions data provided by the facilities are estimates of actual emissions. Estimation 

methodologies are required to follow state and federal guidelines utilizing AP-42 or other 

approved methods. AP-42 is the compilation of emission factors issued by EPA. A list of those 

facilities is provided in Appendix C of LDEQ submittal. EPA reviewed the methodologies used 

in collecting emissions data from stationary sources and found them to be consistent with our 

guidance. 

Non-Point Source Emissions

Area source emissions from the 2002 National Emission Inventory (NEI) were used as 

the starting point for the 2006 Louisiana area emissions. Projection years’ emissions were 

initially grown using the EPA’s Economic Growth Analysis System (EGAS) version 5.0 growth 

factors. However, since EGAS does not address sudden and/or localized economic dislocation, 

such as the landfall of Hurricane Katrina, other data were used to develop growth factors. Such 

data included Parish-level census data, Parish-level employment data, state-level fuel data, and 

agricultural acreage data. The data used to estimate and grow these emissions was provided by 

LDEQ’s contractor, Environ International Corporation. The methodologies used to develop area 
22 

22 

sources inventory are described in Appendix D of the submittal. 

On-road Emissions

 The on-road mobile EI was developed based on Parish-specific inputs provided by 

several state agencies. MOBILE6, an emission factor model that predicts emissions from cars, 

trucks, and motorcycles under various conditions was then used to generate emission factors. A 

detailed description of on-road emission estimates is found in Appendix D of the LDEQ 

submittal. Two different nonattainment area onroad inventories were generated for each 

modeling year: an initial inventory based on parish level measured Highway Performance 

Monitoring System (HPMS) vehicle miles traveled (VMT) and MOBILE6 inputs; and a final 

inventory based on link-level VMT derived from a transportation demand model and parish-level 

MOBILE6 inputs. 

Non-road Emissions Inventory

 For all non-road mobile categories except aircraft, locomotives, and commercial marine 

vessels, the emissions were calculated using the EPA’s National Mobil Inventory Model 

(NMIM) to generate Louisiana state-wide parish level emissions estimates. Airport and 

locomotive emissions were derived from previous work done for the 2006 TCEQ episode 

emission inventory. Marine emissions were developed from 2002 CENRAP inventories. A 

detailed description of non-road emission estimates is found in Appendix D, of the submittal. 

EPA reviewed the 2006 base year attainment inventory and determined that it was developed in 

accordance with EPA guidelines which include the following: 

• Emission Inventory Improvement Program (EIIP), EPA-454/R-97-004a-g , 

http://www.epa.gov/ttn/chief/eiip/techreport/ ; 

• AP-42, http://www.epa.gov/ttn/chief/ap42/index.html; 

•Air Emissions Reporting Requirements (AERR Rule), 

http://www.epa.gov/ttn/chief/aerr/final_published_aerr.pdf; 

Emissions Inventory Guidance for Implementation of Ozone and Particulate Matter National 

Ambient Air Quality Standards (NAAQS) and Regional Haze Regulations, EPA-454/R-05-001, 

http://www.epa.gov/ttn/chief/eidocs/eiguid/index.html. 

 

Emissions Reductions as Shown by Emissions Inventory Data

 On September 29, 2007, LDEQ submitted a 2002 base year emission inventory to EPA. 

The 2002 base year inventory is the starting point for calculating the reductions necessary to 

meet the requirements of the CAA Sections 172 (c)(3) and 182(b)(1). EPA reviewed and 

approved the 2002 base year inventory in a Federal Register Notice published on September 3, 

2009 (74 FR 45561). To demonstrate that VOC and NOx emissions decreased between the year 

2002 and the 2006, LDEQ has documented BRNA’s VOC and NOx emissions for 2002 and 2006 

for all anthropogenic source sectors. Table 6 lists these emissions. 
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23 

Table 6: A Comparison of VOC and NOx Emissions in the BRNA Area 

by Source Category from the year 2002 and the year 2006 

 (tons per average ozone season day) 

VOC Emissions (tpd) 

Emissions 

Source Category 2002 

% of 

Total 2006 

% of 

Total 

Point 40.17 37.25 33.10 34.5 

Area 29.71 27.56 31.59 32.9 

Nonroad 22.97 32.30 13.60 14.2 

On-road 14.99 13.90 17.60 18.4 

Total 107.84 95.89 

Table 6 (continued) 

NOx Emissions (tpd) 

Emissions 

Source Category 2002 

% of 

Total 2006 

% of 

Total 

Point 117.91 59.1 73.40 51.1 

Area 3.90 1.96 4.06 2.8 

Nonroad 43.59 21.86 36.75 25.6 

On-road 34.01 17.06 29.30 20.4 

Total 199.41 143.51 

 

 This comparison of emissions in the BRNA area shows that NOx and VOC emissions 

significantly declined between 2002 and 2006. 2006 NOx emissions were estimated to have 

dropped by almost 28% and VOC emissions by 11% from the 2002 levels. The reductions 

between 2002 and 2006 can be attributed to permanent and enforceable reductions including 

reductions from federal measures and fleet turnover. 

 Based on the 2002 and 2006 nonattainment area emissions information provided by 

LDEQ, EPA concludes that VOC and NOx emission totals have significantly declined in the 

nonattainment area during the 2002-2006 period. These emission reductions have contributed to 

attainment of the 1997 eight-hour ozone standard in this area. EPA concurs with LDEQ’s 

conclusions that the emission controls, emissions inventories, and emissions trends support the 

conclusion that attainment in the area is due to permanent and enforceable emission reductions 

including reductions from federal measures and fleet turnover. 
24 

24 

LDEQ’s Attainment Demonstration Modeling. 

The attainment inventory is supported by attainment demonstration modeling found in 

Appendix D of the Redesignation Request and Maintenance Plan. LDEQ previously contracted 

with ENVIRON to conduct modeling3

 in support of a SIP for the 1997 8-hour ozone standard in 

the BRNA. The modeling consisted of photochemical modeling and analysis tools used to 

simulate conditions during a recent 8-hour exceedance episode in the BRNA, to project those 

conditions to a future attainment year, and to evaluate emissions reduction strategies for 

inclusion in a BRNA SIP. LDEQ included this modeling they previously had completed as part 

of a 2009 attainment demonstration package that they were preparing that has now been included 

here to support this redesignation action. We are providing a very brief summary of the 

modeling and EPA’s review and conclusions about this modeling. 

 

LDEQ contracted with Environ to conduct photochemical modeling using CAMx to 

simulate ozone levels in BRNA during the period of May 26 to July 1, 2006 (i.e., the Base Year). 

The simulation was performed using a nested 36/12/4 km grid system, with the 4-km grid 

focused on Louisiana and the immediate Gulf coast area. Standard CAMx pre-processing tools 

were used to develop meteorological, emissions, initial/boundary conditions, and photochemical 

inputs for each day of the episode. Predictions of ozone, as well as nitrogen oxide (NOx) and 

volative organic compound (VOC) precursors, were compared to measurements recorded at up 

to ten Air Quality System (AQS) monitoring sites and four Photochemical Assessment 

Monitoring Stations (PAMS) within the BRNA. The process to establish reliable CAMx 8-hour 

ozone modeling consists of a multi-step cycle of model testing that refined model inputs to try 

and minimize the amount of bias and error to develop a modeling platform that can be used 

reliably to perform the 8-hour ozone attainment demonstration. Overall, the study was 

conducted according to EPA guidance4. EPA guidance for 8-hour ozone modeling emphasizes 

reliance on statistical performance “goals” to define a properly working model, and also stresses 

performing corroborative and confirmatory analysis to assure that the model is working 

correctly. LDEQ and their contractors performed a number of iterative runs and sensitivity runs 

in refinement of both the 2006 basecase and 2009 future case modeling. Overall, the 2006 

basecase modeling performed fairly well with some under estimation bias. 

CAMx was run for 2009 using the best 2006 Base Year meteorology configuration, with the 

2009 Future Year emission projections. Daily 8-hour ozone concentrations were extracted from 

the CAMx output files for both 2006 Base Year and 2009 Future Year simulations. These 

modeled concentrations were supplied to the EPA Model Attainment Test Software (MATS) 

tool, which tabulated the change in daily maximum 8-hour ozone at each site, determined the 

relative response factors (RRF) averaged over the high ozone days, and used the RRFs to project 

the 2009 DV from the observation-based 2006 DV at each site. The 2009 estimated NOx and 

 

3

 Technical Support Document. Modeling to Support the Baton Rouge, Louisiana 8-hour Ozone State 

implementation Plan. ENVIRON International Corporation, and Eastern Research Group, Inc. March 11, 2009. 

4

 EPA. 2007. “Guidance on the Use of models and Other Analyses for Demonstrating Attainmenet of Air Quality 

Goals for Ozone, PM2.5, and Regional Haze.” Prepared by the U.S. Environmental Protection Agency, Office of Air 

Quality Planning and Standards, Air Quality Analysis Division, Air Quality Modeling Group, Research Triangle 

Park, NC (EPA-454B-07-002, April 2007). 
25 

25 

VOC emissions for typical Ozone season weekday emissions that were included in modeling are 

in the Table 7. 

Table 7 VOC and NOx (TPD) Typical Ozone Season Weekday emissions in 2009 modeling 

2009 Typical Ozone season weekday NOX (TPD)

AREA Nonroad Onroad Point TOTAL

Ascension 3 7.1 3.6 22.6 36.3

East Baton Rouge 5.7 11.1 11.2 27 55

Iberville 2.3 5.5 2.6 25.3 35.7

Livingston 1 1.2 5.2 0.2 7.6

West Baton Rouge 1.2 7.1 2.5 3.6 14.4

BRNA 5‐Parish Total 13.2 32 25.1 78.7 149

2009 Typical Ozone season weekday VOC (TPD)

AREA Nonroad Onroad Point TOTAL

Ascension 21.9 1.4 2.5 11.3 37.1

East Baton Rouge 33.3 5.1 8.3 17.4 64.1

Iberville 17.9 1.5 1.1 7.4 27.9

Livingston 5.4 3.3 2.9 1.1 12.7

West Baton Rouge 4.1 2 1.3 1.8 9.2

BRNA 5‐Parish Total 82.6 13.3 16.1 39 151

The 2009 Future Year DV projection was below the 85 ppb standard at all monitoring sites that 

had a 2006 Base DV. The maximum 2009 projection continued to occur at LSU (84.9 ppb) 

using EPA’s recommended approach. EPA’s approach and other approaches yielded maximum 

Future Design Values ranging from 84.4 to 84.9 ppb. It was necessary for MATS to use as few 

as 5- 10 days of 2006 Base Year simulated peak 8-hour ozone in the mid-70’s ppb for the 

attainment test calculation. The attainment test and the weight of evidence included in LDEQ’s 

modeling report demonstrated that the 8-hour ozone standard would be attained in the Baton 

Rouge area by 2009. The area did indeed attain by the close of the ozone season on December 

31, 2008 based on monitoring data from 2006 to 2008. Overall this modeling analysis supports 

that the estimated emissions from 2009 that were modeled would demonstrate attainment and 

that further reductions in regional and local emissions should continue to achieve attainment of 

the 1997 8-hour ozone standard.

 2. Maintenance Demonstration. For what years were emissions inventories prepared and 

how were they developed? In the interim, what are the total season-day and/or annual emissions 

by pollutant for point, area, and mobile sources for the attainment and maintenance years? 

What transportation, emission, and/or dispersion models were used? What were the significant 

input parameters, including air quality data and assumptions used in the demonstration? What 

are the model results? 
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Models, input parameter, air quality data and assumptions used to demonstrate attainment 

or maintenance and the results are discussed below. 

Future VOC and NOx Emissions

As part of its request to redesignate the BRNA 8-hour ozone nonattainment area, 

the State of Louisiana included a SIP revision to incorporate a maintenance plan as required 

under section 175A of the CAA. The maintenance plan includes a demonstration based on a 

comparison of emissions in the monitored attainment year (2008) and projected emissions to 

demonstrate maintenance of the 1997 8-hour ozone NAAQS in the BRNA area for at least 10 

years after the anticipated redesignation year [section 107(d)(3)(E)(iv)]. To demonstrate 

maintenance of the 1997 8-hour ozone standard, LDEQ projected VOC and NOx emissions to 

2022 and to several interim years, 2012, 2016, and 2020. These emissions were compared to the 

2008 attainment year emissions to show that emissions of NOx and VOC, when considered 

together, remain below the attainment levels for the entire demonstrated maintenance period. 

To estimate if there is a decline in future emissions, LDEQ provided a comparison between 

the 2006 inventory and the emission growth projections for the years 2008, 2012, 2016, 2020, and 

2022. No growth was assumed for the point source emissions. Nonpoint growth projections were 

derived from EGAS 6.0. Nonroad mobile growth projections for SCC codes 2275, 2280, and 2285 

were derived from EGAS 6.0, and other nonroad mobile growth was derived from NONROAD 

2005. On-road mobile projections were calculated as described above in the attainment inventory. 

Table 8 summarizes the 2006, interim years, horizon year, and net change in VOC and NOx 

emissions by source type. 

Table 8 Summary of Future VOC and NOx Emissions for the BRNA area 

 (tons per average ozone season day) 

Source 

Category 

2006 2008 2012 2016 2020 2022 Net Change 

2022-2006 

VOC NOx VOC NOx VOC NOx VOC NOx VOC NOx VOC NOx VOC NOx 

Point 

33.10 73.40 32.22 67.71 32.22 67.71 32.22 67.71 32.22 67.71 32.22 67.71 -0.88 -5.69 

Nonpoint 

31.59 4.05 32.35 4.16 33.63 4.36 35.59 4.53 37.54 4.74 38.51 4.83 6.92 0.78 

Nonroad 

13.60 36.75 12.59 37.45 11.22 38.51 10.27 39.59 9.78 41.36 9.99 40.60 -3.61 3.85 

Onroad 

17.60 29.30 17.82 28.35 10.62 18.59 9.70 12.01 7.82 8.33 7.55 6.96 -10.1 -22.34 

Total 

95.89 143.51 94.98 137.66 87.70 129.18 87.77 123.84 87.36 122.14 88.27 120.10 -7.67 -23.40 

 EPA has evaluated the BRNA maintenance emission inventory component of the 

redesignation request and determined that LDEQ has demonstrated that emissions of VOC and 

NOx will decrease by 7.67 and 23.40 tons per average ozone season day respectively, a decrease 

to levels below the 2006 emissions levels through the year 2022. EPA has also determined that 

LDEQ has adequately calculated and documented emissions by using methods consistent with 

EPA’s guidance. Approval of the BRNA maintenance plan is recommended. 

 As shown in the Table, total VOC and total NOX emissions for the BRNA are projected 
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to decrease over the 10-year period of the maintenance plan. While emission projections for NOx 

and VOC indicate a downward trend through 2022, there is a slight increase in nonpoint VOC 

emissions toward the end of the projection period. This projected increase is primarily 

associated with population increase and is relatively small considering that it occurs over a 

period of approximately sixteen years (from the 2006 baseline) and is expected to be offset by 

reductions in other emission categories.. Because population size is related to the number of area 

sources, an increase in emissions could result from area sources that are subject to fewer, less 

stringent standards than point sources. 

Trend Analysis

According to the emissions inventory data in Table 9 for the 5-parish Baton Rouge 

Nonattainment area, there has been a 49.5% reduction in NOx and a 61.5% reduction in VOC 

since the 1990 Clean Air Act Amendments. These reductions are due to permanent and 

enforceable control measures as is outlined in the VOC/RACT Analysis that is included in the 

submittal. (The control measures are also discussed in greater detail below.) 

Table 9 Trend Analysis 

Source Category NOx, tpd VOC, tpd 

 1990 2008 1990 2008 

Point Sources 184.0 67.1 128.4 32.2 

Area/Nonroad 26.8 41.6 40.7 44.9 

Onroad 60.5 28.4 78.2 17.8 

Total 271.3 137.1 247.3 95.0 

Source: Response to comments #27, page 56 of the submittal. 

In its ozone maintenance demonstration, LDEQ presented the 2022 NOx and VOC 

emission totals for 2006 and all projection years for the BRNA area with the impacts of CAIR.5

 

LDEQ’s maintenance demonstration shows that in 2012, 2016, 2020, and 2022 (with the impacts 

of CAIR rules), VOC and NOx emission totals for the BRNA area, when considered together, are 

projected to be below the 2008 VOC and NOx emissions for the area. 

The December 23, 2008, remand of EPA’s CAIR by the U.S. Court of Appeals led to 

both the State and EPA further considering the impact of this remand on Louisiana’s ozone 

maintenance demonstration for the BRNA area. The CAIR was remanded to EPA, and the 

process of developing a replacement rule is now complete. The NOx projections in Louisiana’s 

maintenance demonstration relied in part on reductions due to the Clean Air Interstate rule 

(CAIR). 

EPA on July 6, 2011 issued the final Cross-State Air Pollution Rule (CSAPR) to replace 

 

5

 As discussed in a footnote in the proposal, the U.S. Court of Appeals, for the District of Columbia Circuit has 

remanded the Clean Air Interstate Rule (CAIR) without vacatur, directing EPA to revise the CAIR rule. This left 

the current version of the CAIR rule in question and raises questions about the future emission impacts of States' 

CAIR-based emission control rules until EPA replaced the CAIR Rule with the Cross State Air Pollution Rule 

signed on July 6, 2011 and published in the Federal Register on August 8, 2011 (76 FR 48208). 
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CAIR. EPA believes the reductions for Louisiana due to the CSAPR are similar in magnitude to 

those projected by CAIR. Louisiana’s Ozone season NOx budget for CAIR was 17,805 tpy for 

EGUs from 2009 to 2014 and lowered to 14,238 tpy NOx for 2015 and later. The CSAPR 

Ozone season NOx Budget limit is 13,432 tpy, which is 806 tpy less NOx than the CAIR budget. 

So with the reductions from CSAPR, we believe that NOx emissions from EGUs that were 

subject to CAIR will be lower than were required by CAIR. Therefore, Louisiana’s maintenance 

demonstration 10 year projection remains valid. 

 Pre-control modeling in support of CASPR, that did not include benefits from reductions 

of the CAIR rule, indicates that the Baton Rouge area will not be in attainment of the 1997 8 

hour ozone standard in 2012. This 2012 modeling indicated a maximum DV of 85.6 ppb for the 

attainment test and a maximum DV of 89.3 ppb for the maintenance receptor analysis. For this 

reason, upwind States with a significant impact on the Baton Rouge area are required to reduce 

their NOx emissions. Since this modeling did not include benefits from previous CAIR 

reductions or from the new CSAPR, these projections are higher for 2012 than what would be 

expected to occur in 2012. This is also a different modeling platform than LDEQ used in the 

modeling they provided as part of the redesignation package. The CSAPR modeling indicates 

the Baton Rouge area will be in attainment in 2014 after institution of the CSAPR controls. The 

2014 control case modeling is projected off a center weighted average of design values during 

the period 2003-2007 for the attainment test and indicates a maximum value of 84.0 ppb. 

However, Additional CSAPR modeling for assessing maintenance receptors/problems projecting 

off a single year’s design value for 2005 (years 2003-2005) projects that the area will not be in 

attainment in 2014 with a value of 87.7 ppb. This variation in model projections, depending on 

the projection year, is an indication the Baton Rouge area could have some difficulty in 

maintaining attainment in years when meteorology particularly favors ozone production. The 

maintenance plan, however, indicates that NOx emissions will continue to decrease over the life 

of the plan continuing to improve Baton Rouge’s ability to maintain attainment in the future. In 

addition, section 175 requires that the area have contingency measures that will must be 

implemented, if due to meteorological fluctuations, the area does come out of attainment. We 

discuss the adequacy of these contingency measures elsewhere. Therefore, after considering the 

CSAPR modeling but also considering the projected decline in emissions and the fact that the 

maintenance plan has contingency measures, we believe it is appropriate to approve the 

maintenance plan for the Baton Rouge area. 

The fact that EPA is proposing to redesignate Baton Rouge to attainment does not 

remove the need to address emissions in upwind States that impact ozone levels in Baton Rouge. 

As discussed above, Baton Rouge area is projected to be nonattainment without the Cross-State 

Air Pollution Rule reductions. The reductions in the CASPR along with other State and Federal 

Measure are projected to bring the area into attainment. Furthermore, without a cap on 

emissions in upwind States with a significant impact, emissions might in fact grow, increasing 

the possibility that Baton Rouge will not be able to maintain attainment. Furthermore, since 

upwind States are not required to have contingency measures it is incumbent on EPA to insure 

that States with significant impacts are appropriately controlled. 

 

As previously discussed, LDEQ also provided attainment demonstration modeling in 

support of its redesignation request. Additional details of the 2009 attainment demonstration 
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modeling can be found in Appendix D of LDEQ’s Redesignation Request and Maintenance Plan. 

The modeling did included the benefit of reductions projected in 2009 from CAIR. The weight 

of evidence and 2009 modeling projections demonstrated that the 1997 8-hour ozone standard 

would be attained in the Baton Rouge area by 2009. The area did indeed attain the standard by 

the close of the ozone season on December 31, 2008. This modeling has a refined grid focused 

on the Baton Rouge area, and thus it provides further support that the Baton Rouge areas has 

attained due to permanent and enforceable reductions and should remain in attainment during the 

term of the maintenance plan. With the CSAPR requiring reductions in Louisiana and upwind 

states that is equal to or better than the expected reductions that LDEQ assumed in the Baton 

Rouge modeling, EPA has requirements in place that will yield results similar to the results 

expected by LDEQ from CAIR and thus protect from upwind transport negatively impacting the 

BRNA. 

Louisiana, has demonstrated that the BRNA area can maintain the 1997 eight-hour ozone 

standard without any additional NOx emission reduction requirements beyond those required by 

CAIR or CASPR. Therefore, EPA believes that Louisiana’s demonstration of maintenance 

under sections 175A and 107(d)(3)(E) of the CAA is valid. 

 Louisiana has successfully demonstrated maintenance of the 1997 8-hour ozone standard 

between 2008 and 2022. In addition, VOC and NOx emissions in the BRNA area, when 

considered together with Louisiana’s photochemical modeling analyses, are projected to decline 

between 2008 and 2022. Given the emissions growth and source control factors used to project 

emissions, EPA and Louisiana do not anticipate an increase in the overall combined VOC and 

NOx emissions in the BRNA area between 2010 and 2022. 

 

 A full description of Louisiana’s approach is detailed in Appendix E of the August 31, 

2010 submittal which is included in the docket. 

 3. Monitoring Network 

The State of Louisiana has committed in its maintenance plan for the BRNA area to 

continue operation of an appropriate ozone monitoring network and to work with EPA in 

compliance with 40 CFR Part 58 with regard to the continued adequacy of the network, 

including whether additional monitoring is needed, and when monitoring can be discontinued. 

There are ten monitoring sites operated by the LDEQ in the BRNA area, located in the 5-parish 

BRNA area. LDEQ operates these monitors in accordance with the requirement of 40 CFR Part 

58 and the EPA-approved Quality Assurance Program Plan. In the maintenance plan, Louisiana 

commits to continue operation of a monitoring network in compliance with 40 CFR part 58 

through the end of the maintenance period (2022). The State also commits to enter data into the 

Air Quality System in accordance with Federal guidelines. 

 The 10 monitors in the BRNA have monitored attainment with the 1997 ozone standard from 

2006 through 2010 and beyond. The 1997 ozone NAAQS is 0.08 parts per million based on the 

three-year average of the fourth-highest daily maximum 8-hour average ozone concentration 
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30 

measured at each monitor within an area. The 1997 ozone standard is considered to be attained at 

84 parts per billion (ppb). The design value for the monitoring period 2006-2008 was 0.083 

ppb. For the monitoring period 2007-2009, it was 0.080 ppb. For the monitoring period 2008-

2010, the design value for the BRNA was 0.078 ppb. To date based on uncertified data for 2011, 

the area continues to be in attainment. This shows a continued improvement in air quality in the 

BRNA. 

 A more detailed discussion of the BRNA monitoring area is found above in section I.A. 

of this TSD. 

 4. Verification of Continued Attainment 

Louisiana has the legal authority to enforce and implement the requirements of the ozone 

maintenance plan for the BR area. This includes the authority to adopt, implement, and enforce 

any subsequent emissions control contingency measures determined to be necessary to correct 

future ozone attainment problems. 

 The primary purpose of a maintenance plan is to demonstrate how an area will continue 

to remain in compliance with the 1997 ozone standard for the 10-year period following the 

effective date of designation as attainment. The end projection year is 10 years from the effective 

date of the attainment designation for the 1997 ozone NAAQS, which for the BRNA was 

December 31, 2008. Therefore, this plan must demonstrate attainment through at least 2018. 

Because the redesignation request was submitted in August 2010, the maintenance plan needed 

to show attainment at least 10 years out from than plus additional time for EPA to process the 

request. Louisiana has identified the level of ozone-forming emissions in the BRNA that were 

consistent with attainment of the NAAQS for ozone in 2006. Louisiana has projected VOC and 

NOX emissions for the years 2008, 2012, 2016, 2020, and 2022 in the BRNA, and EPA finds that 

the future emissions levels in those years are expected to be below the emissions levels in 2006. 

 Louisiana will track the progress of the maintenance plan through continued ambient 

ozone monitoring in accordance with the requirements of 40 CFR Part 58, and by performing 

future reviews of actual emissions for the area using the latest emissions factors, models, and 

methodologies. The State will work with EPA to ensure that the air monitoring network 

continues to be effective and will quality assure the data according to federal requirements as one 

way to verify continued attainment. In addition the State will compare emission inventory data 

submitted to the NEI with the emission growth data submitted in the maintenance plan to ensure 

emission reductions continue the downward trend. 

 5. Contingency plan. What are the maintenance plan contingency measures, triggers and 

commitments ? What is the process for tracking the plan and reporting the results to EPA? 

What are the adoption and implementation schedules for the contingency measures? How is 

maintenance demonstrated in the interim years? Are additional controls to be adopted and 

implemented in the future to offset emission increases, and what is the impact of these controls 

on emissions inventory planning cap(s)? 

EPA believes that the state has adopted a contingency plan for the BR area to address 

possible future ozone air quality problems pursuant to 175A of the CAA. The section 175(A) 

maintenance plan must include contingency provisions to promptly correct any violation of the 

1997 8-hour ozone NAAQS that occurs after redesignation. The maintenance plan should 
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identify the contingency measures to be adopted, a schedule and procedure for adoption and 

implementation of the contingency measures, and a time limit for action by the state. The State 

should also identify specific indicators to be used to determine when the contingency measures 

need to be adopted and implemented. The maintenance plan must include a requirement that the 

state will implement all measures with respect to control of the pollutant(s) that were contained 

in the SIP before redesignation of the area to attainment. See section 175A(d) of the CAA. 

As required by section 175A of the CAA, Louisiana adopted a contingency plan for the 

BRNA area to address possible future ozone air quality problems. 

a. Triggers. The contingency measure trigger for the BRNA maintenance plan is based 

upon monitoring. The triggering mechanism for activation of contingency measures 

is a monitored violation of the 1997 8-hour ozone standard. In this maintenance plan, 

if contingency measures are triggered, LDEQ has committed to implement the 

measures within 24 months of the triggering event. In order to accomplish this, in the 

submittal Louisiana commits to the following actions: 

Identification of potential sources for emission reductions; 

Identification/evaluation of prospective control measures; 

Initiation of stakeholder process; and 

Implementation of contingency measures through promulgation of appropriate 

control rules adhering to public notice and comment requirements. 

b. Contingency Measures. The contingency measures to be considered include, but are 

not limited to the following control measures: 

• Extending the applicability of the state’s NOx control rule LAC33:III.2202 to 

include the months of April and October each year. Because the state has adopted this rule and 

submitted it to EPA, we are proposing to approve this rule revision in this rulemaking. See the 

separate TSD for AQ 305 for the analysis of this rule revision. 

• Lowering of the NOx emission factors of LAC 33:III.2205.D and/or requiring 

more stringent monitoring of elevated flares; 

• Diesel retrofit/replacement initiatives that could be similar to programs operated in 

California and Texas; 

• Programs or incentives to decrease motor vehicle use that could encourage 

ridesharing, use of mass transit, or bicycling; 

• Implementation of fuel programs (including incentives for alternative fuels), which 

could include low emission diesel fuel similar to CARB Diesel and Texas Low 

Emission Diesel; 

• Employer-based transportation management plans to further reduce vehicle miles 

traveled in the urbanized areas of the BRNA; 

• Anti-idling ordinances; 

• Programs to limit or restrict vehicle use in areas of high emissions concentration 

during periods of peak use. 

These contingency measures and schedules for implementation satisfy EPA’s 

longstanding guidance on the requirement of section 175(A) for continued attainment. 

Continued attainment in the Baton Rouge area will depend, in part, on the air quality measures 
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discussed previously (see VI.B. and V.B.4.). The State will continue to operate appropriate 

ambient ozone monitoring sites in the BR area to verify continued attainment of the 1997 ozone 

NAAQS. The air monitoring results will reveal changes in the ambient air quality as well as 

assist the State in determining which contingency measures will be most effective if necessary. 

As required by section 175A(b) of the CAA, Louisiana commits to submit to the EPA an updated 

ozone maintenance plan eight years after redesignation of the BRNA area to cover an additional 

ten-year period beyond the initial ten-year maintenance period. As required by section 175A(d) 

of the CAA, Louisiana has also committed to retain VOC and NOx control measures contained in 

the SIP prior to redesignation. 

6. Commitments. In its August 31, 2010 submittal, Louisiana affirms that all programs 

instituted by Louisiana and EPA remain enforceable. In the submittal, Louisiana 

commits to implement, within 24 months, one or more contingency measures to re-attain 

the standard in the event of a violation of the 1997 8-hour ozone NAAQS in the BRNA 

nonattainment area. 

Summary: EPA finds that the maintenance plan adequately addresses the five basic 

components of a maintenance plan: attainment inventory, maintenance demonstration, 

monitoring network, verification of continued attainment, and contingency plan. The 

maintenance plan SIP revision submitted by Louisiana for BRNA meets the requirements of 

section 175A of the Act. Therefore, EPA is proposing to approve the maintenance plan for the 

BR area for the 1997 8-hour ozone standard as part of the Louisiana SIP. 

F. What was the public hearing and what are the results of any comments received by the State? 

What is the status of any outstanding SIP call or findings letter, if any? 

Two public hearings were held for the Baton Rouge Redesignation Request and Maintenance 

Plan SIP Revision, and the Baton Rouge 1997 8-Hour Moderate Redesignation (the attainment 

demonstration) on September 24, 2009 both at 1:30 p.m. At the hearings, nine attendees 

provided no oral testimony. Written comments were received from two parties. In general, the 

commentors expressed support for the SIP revision; however the following two major concerns 

were raised: 

 1. Clean Air Interstate Rule (CAIR) 

“In the projected inventories, the department should supplement the documentation by discussing 

that implementation of the Clean Air Interstate Rule (CAIR) is likely to further reduce NOx 

emissions. The NOx rule in LAC 33:III.2201 applies to sources within the area of influence, not 

just the nonattainment area. These provisions result in permanent and enforceable reductions. 

Some discussion on recent permitting actions should also be included.” 

In response to this comment, the department agreed that the CAIR rule has produced 

NOx emission reductions, however, the department felt it was not ready to make any projections 

on the future rule that EPA would issue. 
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The CAIR rule was taken into consideration when preparing the emissions inventory for 

the attainment demonstration and the maintenance plan. 

With the Cross-State Air Pollution Rule from EPA, the state will continue to implement 

NOx emission standards more stringent than CAIR mandated by state rule. The state also has a 

rule in section LAC 33:III.905 that requires facilities to operate and maintain controls in proper 

working order whenever emissions are being made which can be controlled “even though the 

ambient air quality standards in affected areas are not exceeded.” This rule embodies EPA’s 

“once in, always in” policy. EPA approved section 905 into the SIP on March 8, 1989 (54 FR 

097950). The rule was effective May 8, 1989. Since the state was at one time under the CAIR 

rules, any controls installed in response to CAIR would not be allowed to be removed regardless 

of the state’s status under CAIR or the Cross-State Air Pollution Rule. 

2. Reformulated Gasoline.

“The state should consider what the impact on the maintenance projections would be 

if RFG is implemented in the future.” 

Upon reclassification to severe, under section 211(k) of the Act, the use of reformulated 

gasoline (RFG) was to be required in the BRNA one year after the effective date of the 

reclassification. The Louisiana Department of Environmental Quality, the City of Baton 

Rouge, and the Chamber of Greater Baton Rouge all formally requested a waiver and/or delay of 

implementation of the RFG requirement in the Baton Rouge severe ozone nonattainment area. 

EPA denied these requests. The City and the Chamber filed a Petition for Review in the U.S. 

Court of Appeals for the Fifth Circuit The parties filed a joint motion for a voluntary remand to 

EPA to allow it to reconsider its decision in light of new information. On August 2, 2004, the 

Fifth Circuit Court of Appeals approved the joint motion, remanding the matter to EPA and 

staying the litigation and enforcement of the RFG requirement for the BRNA during the remand. 

The Court’s stay of enforcement of the RFG requirement in the BRNA currently remains in 

effect. The state never implemented RFG in the BR area. As noted earlier, enforcement of the 

RFG requirement in the BRNA is currently stayed by court order. As such, the state has not 

relied on the RFG program in the past for emissions reduction and does not rely on RFG in its 

maintenance plan for attainment purposes. Since it is a program implemented by EPA and not by 

the State, we do not consider RFG a necessary requirement for redesignation. 

G. What is EPA’s evaluation of the State’s supporting materials that accompanied the submittal, 

such as the technical data and commitment letter, and how do these materials conform to EPA 

policy, guidance, and the Clean Air Act? 

Throughout this TSD and the corresponding proposal, we have evaluated Louisiana’s 

redesignation request and maintenance plan for the BRNA area, including supporting materials. 

Based on the information and analysis provided in these documents, EPA finds that Louisiana’s 

August 31, 2010 submittal for the BRNA area includes all of the elements required for a 

redesignation request and maintenance plan as specified by EPA policy, guidance and the Clean 
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Air Act. 

Part II: Motor Vehicle Emission Budget 

A. What is EPA’s Evaluation of the BRNA Area’s Motor Vehicle Emissions Budget? 

1. What are the Transportation Requirements for Approvable MVEBs? 

A maintenance plan must include a MVEB for transportation conformity purposes. 

``Conformity'' to the SIP means that transportation activities will not cause new air quality 

violations, worsen existing violations, or delay timely attainment of the NAAQS. It is a process 

required by section 176(c) of the Act for ensuring that the effects of emissions from all on-road 

sources are consistent with attainment or maintenance of the standard. EPA’s transportation 

conformity rules at 40 CFR 93 require that transportation plans, and programs, result in 

emissions that do not exceed the MVEB established in the SIP. The maintenance plan 

established an MVEB for 2022, which is the last year of the maintenance plan. 

The MVEB is the level of total allowable on-road emissions established by the 

maintenance plan. Maintenance plans must include the estimates of motor vehicle VOC and 

NOx emissions that are consistent with maintenance of attainment, which then act as a budget or 

ceiling for the purpose of determining whether transportation plans, and programs conform to the 

maintenance plan. In this case, the MVEB sets the maximum level of on-road transportation 

emissions that can be produced, when considered with emissions from all other sources, which 

demonstrates continued maintenance of attainment of the 1997 8-hour ozone NAAQS. 

2. What is the Status of EPA’s Adequacy Determination? 

When reviewing submitted “control strategy” SIPs or maintenance plans 

containing a MVEB, EPA determines whether the MVEB contained therein is “adequate” for use 

in determining transportation conformity. Once EPA finds a budget adequate, the budget must 

be used by local, state and federal agencies in determining whether proposed transportation plans 

and programs “conform” to the SIP as required by section 176(c) of the Act. 

EPA's substantive criteria for determining “adequacy” of a MVEB are set out in 40 CFR 

93.118(e)(4), which was promulgated in the Transportation Conformity Rule Amendments for 

the “New 8-Hour Ozone and PM2.5 National Ambient Air Quality Standards and Miscellaneous 

Revisions for Existing Areas; transportation conformity rule amendments - Response to Court 

Decision and Additional Rule Change,” on July 1, 2004 (69 FR 40004). 

As discussed earlier, Louisiana’s maintenance plan submission includes NOx and VOC 

budgets for the year 2022. EPA reviewed the budgets through the adequacy process. The 

availability of the SIP submission with this 2022 MVEB was announced for public comment on 

EPA's adequacy Web page on, at: 

http://www.epa.gov/otaq/stateresources/transconf/currsips.htm#baton. The EPA public comment 

period on the adequacy of the 2022 MVEB for BR closed on April 4, 2011. EPA did not receive 

any adverse comments on the MVEB. On May 16, 2011, EPA made a finding of adequacy for 

the 2022 MVEB included in this 8-hour ozone maintenance plan (76 FR 28223). 

 
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B. Is the MVEB Approvable? 

Table 10 shows the total projected transportation emissions for 2022, as submitted 

by Louisiana. 

Table 10 

Projected Transportation Emissions 

(tons per avg. ozone season day) 

Pollutant 2006 2008 2012 2016 2020 2022 

NOx 29.30 28.35 18.63 12.08 8.33 6.96 

VOC 17.60 17.82 10.64 9.70 7.82 7.55 

These transportation emissions are also represented in Table 6 of this notice as the 

“mobile” emissions portion of emission inventory data for the BR area. As shown in Tables 8, 

substantial reductions in both NOx and VOC transportation emissions are projected between 

2006 and 2022. Further, as previously stated in this action, EPA finds that the State has 

demonstrated the future combined emissions levels of NOx and VOC in 2008, 2012, 2016, 2020, 

and 2022 are expected to be similar to or less than the emissions levels in 2006. The projected 

transportation emissions for 2022 were used by Louisiana as the basis of the 2022 NOx and VOC 

MVEB for the BR area. These emissions are consistent with the maintenance plan 

demonstrating continued compliance with the 1997 8-hour ozone NAAQS for the 10-year period 

following redesignation to attainment. 

The submitted NOx and VOC MVEB for the BR area is defined in Table 11 below. 

Table 11 

NOx and VOC MVEB 

(summer season tons per day) 

Pollutant 2022 

NOx 6.96 

VOC 7.55 

 

Through this rulemaking, EPA is proposing to approve Louisiana’s 2022 MVEB for 

VOCs and NOx for the BR area for transportation conformity purposes, because EPA has 

determined that the area maintains the 1997 8-hour ozone standard with the emissions at the 

levels of the budget. The submittal has met the adequacy criteria in 40 CFR 93.118(e)(4), and 

EPA has completed a comprehensive review of the maintenance plan, concluding that the 

overall plan demonstrates maintenance, is approvable and the budgets are consistent with the 

overall plan. Therefore, the budgets can be proposed for approval. 

 
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Part III: Recommendation 

Based on the analysis of the Redesignation Request and Maintenance Plan submitted by the 

State, I recommend approval of the request to redesignate the BRNA to attainment for the 1997 

8-hour ozone standard, approval of the 2006 emissions inventory, approval of the motor vehicle 

emission budget, and approval of the maintenance plan.