From: Marc Houyoux/RTP/USEPA/US 

To: Maureen Harbourt <maureen.harbourt@keanmiller.com> 

Cc: Brian Fisher/DC/USEPA/US@EPA, Brian Timin/RTP/USEPA/US@EPA, Tim Smith/RTP/USEPA/US@EPA, 

Norm Possiel/RTP/USEPA/US@EPA, Alison Eyth/RTP/USEPA/US@EPA, Sandra Rennie/R6/USEPA/US@EPA, 

Guy Donaldson/R6/USEPA/US@EPA 

Date: 09/08/2010 05:49 AM 

Subject: RE: Here are a couple of other questions that our group in Louisiana has with the Transport Rule 

Ms. Harbourt, 

Our responses to your question on Louisiana emissions are attached to this email. We will also be posting this 

information to the TR docket. 

If you have further questions, please follow-up with Alison Eyth (cc-d on this mail), who is the lead on 

emission inventory response to comments for Transport Rule. 

Best regards, 

Marc 

__________________________________________ 

Marc Houyoux 

Group Leader 

Emission Inventory and Analysis Group 

Office of Air Quality Planning and Standards 

US/EPA (C339-02) 

Research Triangle Park, NC 27711 

voice: (919) 541-3649 

From: Maureen Harbourt <maureen.harbourt@keanmiller.com> 

To: Brian Fisher/DC/USEPA/US@EPA, Tim Smith/RTP/USEPA/US@EPA 

Cc: Marc Houyoux/RTP/USEPA/US@EPA, Brian Timin/RTP/USEPA/US@EPA 

Date: 09/03/2010 03:33 PM 

Subject: RE: Here are a couple of other questions that our group in Louisiana has with the Transport Rule 

Mr. Houyoux and Mr. Timin: 

We have less than 30 days left to comment on this. Could one of you guys either get 

back to me on the questions we raised below via email or telephone next week after the 

Labor Day holiday? 

It really appears to us that the NOx emission data, and likely the SO2 emission data, 

for nonroad sources in particular for Louisiana must have errors. Table C-1 in the 

Preamble shows only 4 states that have nonroad NOx emissions in excess of 200,000 tpy. 

They are: Florida with 277,888; Illinois with 223,697; Louisiana with 301,170; and 

Texas with 377,246. It is very difficult to believe that Louisiana is the 2nd highest 

in the nation and not far below Texas for such nonroad emissions. Texas, Florida, and 

Ilinois Texas rank 2nd, 4th, and 5th respectively in population among the 50 states 
whereas Louisiana ranks only 25th. Moreover, Louisiana's population is only about 

1/6th that of Texas, 1/4th that of Florida and 1/3rd that of Illinois. While population 

certainly isn't the only factor, it does provide a reality check. 

Likewise, the SO2 nonroad emissions inventory for Louisiana has us as 2nd highest in 

the nation, ahead of Texas, and just behind Florida. 

We really would like to find information on the source of this data so that we can 

comment appropriately. 

Thank you for any assistance you can provide as it will be greatly appreciated. 

Maureen N. Harbourt 

Maureen Harbourt 

Partner 

Kean Miller Hawthorne D'Armond McCowan & Jarman, LLP 

One American Place 

301 Main Street, Suite 1800 

Baton Rouge, Louisiana 70801 

Post Office Box 3513 (70821-3513) 

225.382.3412 (direct) 

225.388.9133 (facsimile) 

225.937.5274 (mobile) 

maureen.harbourt@keanmiller.com 

CONFIDENTIALITY STATEMENT 

This electronic message contains information from the law firm of Kean Miller Hawthorne 

D'Armond McCowan & Jarman, LLP and is confidential or privileged. The information is 

intended to be for the use of the individual or entity named above. If you are not the 

intended recipient, be aware that any disclosure, copying, distribution or use of the 

contents of this message is prohibited. If you have received this electronic message in 

error, please notify us immediately by telephone at (225) 387-0999.-----Original 

Message----- 

From: Fisher.Brian@epamail.epa.gov [mailto:Fisher.Brian@epamail.epa.gov] 

Sent: Wednesday, August 25, 2010 3:21 PM 

To: Smith.Tim@epamail.epa.gov 

Cc: Houyoux.Marc@epamail.epa.gov; Timin.Brian@epamail.epa.gov; Maureen Harbourt 

Subject: Fw: Here are a couple of other questions that our group in Louisiana has with 

the Transport Rule 

Hey Tim, 

Kevin thought you guys would have more insight in regards to the two questions below. 

If there are others that we should direct the question towards, let us know. 

Thanks, 

Brian Fisher 

Policy Analyst, Clean Air Markets Division Environmental Protection Agency 

202-343-9633 

----- Forwarded by Brian Fisher/DC/USEPA/US on 08/25/2010 04:12 PM ----- 

 From: Maureen Harbourt <maureen.harbourt@keanmiller.com> 

 To: Brian Fisher/DC/USEPA/US@EPA 
 Cc: Tim Smith/RTP/USEPA/US@EPA 

 Date: 08/23/2010 04:20 PM 

 Subject: Here are a couple of other questions that our group in Louisiana has with 

the Transport Rule 

 Brian, 

 Per our discussion last week, I am including a couple of other issues 

 (below) for discussion with EPA in addition to the questions I sent 

 last week. Just let me know what time is good for a conference call 

 on Wednesday. 

 Thanks, 

 Maureen 

 1. EPA’s Modeling – Emission Inventory for Louisiana 

The Baton Rouge area attainment demonstration contained a NOx emissions inventory for 

Louisiana for 2005 and 2006. The table below shows Louisiana’s 2005 NOx emissions 

inventory from that attainment demonstration compared to the proposed Transport Rule’s 

NOx projected emissions inventory for 2012 from table IV.C-2 of the Preamble to the 

proposal. 

|---------+--------+---------+--------+---------+---------+--------+--------+--------| 

| Source | EGU | NonEGU | Point | Nonpoint| Nonroad | Onroad | Fires | Total | 

|---------+--------+---------+--------+---------+---------+--------+--------+--------| 

|Transport| 63,791| 165,162| 228,953| 27,559| 301,170| 112,889| 3,254| 673,824| 

| | | | | | | | | | 

|---------+--------+---------+--------+---------+---------+--------+--------+--------| 

|Louisiana| | | 222,651| 28,466| 114,029| 96,728| 37,485*| 499,359| 

| | | | | | | | | | 

|---------+--------+---------+--------+---------+---------+--------+--------+--------| 

 *These are total biogenic NOx emissions As you can see, there is a 6,000 + tpy 

discrepancy in point source emissions; a 187,141 tpy discrepancy in nonroad emissions; 

and a 16,161 tpy discrepancy for onroad NOx emissions. Even though Louisiana estimated 

more biogenic/fire emissions and slightly greater nonpoint NOx emissions than was 

included in the Transport Rule modeling, the total discrepancy between the two data 

sets is a whopping +174,465 tpy extra 

NOx included for the Transport Rule. That is The Baton Rouge 

attainment demonstration was performed with EPA guidance and using EPA approved 

methodology. We would like to explore the basis for EPA’s data inputs for the proposed 

Transport Rule. NOx emissions from nonroad engines should be coming down with all of 

the new federal engine rules and fuel standards. The Transport Rule’s 2014 base case 

NOx emissions of 565,049 tons are also much greater than the emissions modeled by 

Louisiana for 2005, by more than 65,000 tpy. 

 2. Baton Rouge Nonattainment Area, Values Used for 5 year 

 average and maximum ozone NAAQS 

EPA’s proposed Transport Rule indicates that for the 5 year (2003-2007)weighted average 

design value for the Baton Rouge nonattainment area, EPA used 92 ppb. For the 1 year 

maximum, it used 

96 ppb. Where did these values come from? Where in the record is that source 

information noted so that we can comment ? We believe these design values are incorrect 

if they are to represent actual data. The design values for the Baton Rouge Area are 

noted below: 

2003 – 86ppb 
2004-89 ppb 

2005- 85 ppb 

2006-90 ppb 

2007 – 89 ppb 

2008 – 84 ppb 

2009 – 80 ppb 

Maureen 

 Maureen Harbourt 

 Partner 

 Kean Miller Hawthorne D'Armond McCowan & Jarman, LLP 

 One American Place 

 301 Main Street, Suite 1800 

 Baton Rouge, Louisiana 70801 

 Post Office Box 3513 (70821-3513) 

 225.382.3412 (direct) 225.388.9133 (facsimile) 225.937.5274 

 (mobile) 

 maureen.harbourt@keanmiller.com 

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CONFIDENTIALITY STATEMENT 

This electronic message contains information from the law firm of Kean Miller Hawthorne 

D'Armond McCowan & Jarman, LLP and is confidential or privileged. The information is 

intended to be for the use of the individual or entity named above. If you are not the 

intended recipient, be aware that any disclosure, copying, distribution or use of the 

contents of this message is prohibited. If you have received this electronic message in 

error, please notify us immediately by telephone at (225) 387-0999. (See attached file: 

Maureen Harbourt.vcf) 

[attachment "Maureen Harbourt.vcf" deleted by Marc Houyoux/RTP/USEPA/US]