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 emis sions 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 stateswhereas 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@EPACc: 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 – 86ppb2004-89 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:
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[attachment "Maureen Harbourt.vcf" deleted by Marc Houyoux/RTP/USEPA/US]