[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Rules and Regulations]
[Pages 13908-13912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6299]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-10-1-5937a; FRL-5172-2]


Approval and Promulgation of Implementation Plan: Louisiana 1990 
Base Year Ozone Emissions Inventories

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA today fully approves the 1990 base year ozone emission 
inventories submitted by Louisiana for the purpose of bringing about 
the attainment of the national ambient air quality standard (NAAQS) for 
ozone. The inventories were submitted by the State to satisfy certain 
Federal requirements for an approvable nonattainment area (NAA) ozone 
State Implementation Plan (SIP) for the Baton Rouge and Calcasieu 
Parish areas of Louisiana.

DATES: This action will become effective on May 15, 1995, unless 
adverse or critical comments are received by April 14, 1995. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
following locations. Interested persons wanting to examine these 
documents should make an appointment with the appropriate office at 
least 24 hours before the visiting day.

U.S. Environmental Protection Agency, Region 6, Air Programs Branch 
(6T-A), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733.
U.S. Environmental Protection Agency, Air and Radiation Docket and 
Information Center, 401 M Street, SW., Washington, DC 20460.
Louisiana Department of Environmental Quality, Air Quality Division, 
7290 Bluebonnet, Baton Rouge, Louisiana 70810.

FOR FURTHER INFORMATION CONTACT: Herbert R. Sherrow, Jr., Planning 
Section (6T-AP), Air Programs Branch, USEPA Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202-2733, telephone (214) 665-7237.

SUPPLEMENTARY INFORMATION:

Background

    Under the 1990 Clean Air Act Amendments (CAAA), States have the 
responsibility to inventory emissions contributing to NAAQS 
nonattainment, to track these emissions over time, and to ensure that 
control strategies are being implemented that reduce emissions and move 
areas towards attainment. The CAAA require ozone nonattainment areas 
designated as moderate, serious, severe, and extreme to submit a plan 
within three years of 1990 to reduce volatile organic compounds (VOC) 
emissions by 15 percent within six years after 1990. The baseline level 
of emissions, from which the 15 percent reduction is calculated, is 
determined by adjusting the base year inventory to exclude biogenic 
emissions and to exclude certain emission reductions not creditable 
towards the 15 percent. The 1990 base year emissions inventory is the 
primary inventory from which the periodic inventory, the Reasonable 
Further Progress projection inventory, and the modeling inventory 
[[Page 13909]] are derived. Further information on these inventories 
and their purpose can be found in the ``Emission Inventory Requirements 
for Ozone State Implementation Plans,'' U.S. Environmental Protection 
Agency, Office of Air Quality Planning and Standards, Research Triangle 
Park, North Carolina, March 1991. The base year inventory plays an 
important role in modeling demonstrations for areas classified as 
moderate and above outside transport regions.
    The air quality planning requirements for marginal to extreme ozone 
nonattainment areas are set out in section 182(a)-(e) of title I of the 
CAAA. The EPA has issued a General Preamble describing the EPA's 
preliminary views on how the EPA intends to review SIP revisions 
submitted under title I, including requirements for the preparation of 
the 1990 base year inventory (see 57 FR 13502; April 16, 1992, and 57 
FR 18070; April 28, 1992). Because the EPA is describing its 
interpretations here only in broad terms, the reader should refer to 
the General Preamble (57 FR 18070, Appendix B, April 28, 1992) for a 
more detailed discussion of the interpretations of title I advanced in 
today's action and the supporting rationale.
    Those States containing ozone nonattainment areas classified as 
marginal to extreme are required under section 182(a)(1) of the 1990 
CAAA to submit a final, comprehensive, accurate, and current inventory 
of actual ozone season, weekday emissions from all sources by November 
15, 1992. This inventory is for calendar year 1990 and is denoted as 
the base year inventory. It includes both anthropogenic and biogenic 
sources of VOC, nitrogen oxides (NO<INF>X), and carbon monoxide (CO). 
The inventory is to address actual VOC, NO<INF>X, and CO emissions for 
the area during a peak ozone season, which is generally comprised of 
the summer months. All stationary point and area sources, as well as 
highway mobile sources within the nonattainment area, are to be 
included in the compilation. Available guidance for preparing emission 
inventories is provided in the General Preamble (57 FR 13498, April 16, 
1992).
    Emission inventories are first reviewed under the completeness 
criteria established under section 110(k)(1) of the CAAA (56 FR 42216, 
August 26, 1991). According to section 110(k)(1)(C), if a submittal 
does not meet the completeness criteria, ``the State shall be treated 
as not having made the submission.'' Under sections 179(a)(1) and 
110(c)(1), a finding by the EPA that a submittal is incomplete is one 
of the actions that initiates the sanctions and Federal Implementation 
Plan processes (see David Mobley memorandum, November 12, 1992).<SUP>1

    \1\Memorandum from J. David Mobley, Chief, Emission Inventory 
Branch, to Air Branch Chiefs, Region I-X, ``Guidance on States' 
Failure to Submit Ozone and CO SIP Inventories,'' November 12, 1992.
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Analysis of State Submission

1. Procedural Background

    The Act requires States to observe certain procedural requirements 
in developing emission inventory submissions to the EPA. Section 
110(a)(2) of the Act provides that each emission inventory submitted by 
a State must be adopted after reasonable notice and public 
hearing.<SUP>2 Final approval of the inventory will not occur until the 
State revises the inventory to address public comments. Changes to the 
inventory that impact the 15 percent reduction calculation and require 
a revised control strategy will constitute a SIP revision. The EPA 
created a ``de minimis'' exception to the public hearing requirement 
for minor changes. The EPA defines ``de minimis'' for such purposes to 
be those in which the 15 percent reduction calculation and the 
associated control strategy or the maintenance plan showing do not 
change. States will aggregate all such ``de minimis'' changes together 
when making the determination as to whether the change constitutes a 
SIP revision. The State will need to make the change through a formal 
SIP revision process, in conjunction with the change to the control 
measure or other SIP programs.<SUP>3 Section 110(a)(2) of the Act 
similarly provides that each revision to an implementation plan 
submitted by a State under the Act must be adopted by such State after 
reasonable notice and public hearing.

    \2\Also section 172(c)(7) of the Act requires that plan 
provisions for nonattainment areas meet the applicable provisions of 
section 110(a)(2).
    \3\Memorandum from John Calcagni, Director, Air Quality 
Management Division, and William G. Laxton, Director, Technical 
Support Division, to Regional Air Division Directors, Region I-X, 
``Public Hearing Requirements for 1990 Base-Year Emission 
Inventories for Ozone and Carbon Monoxide Nonattainment Areas,'' 
September 29, 1992.
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    The State of Louisiana submitted the 1990 base year inventories for 
Baton Rouge (BTR) and Calcasieu Parish (CAL) on November 16, 1992, as a 
SIP revision by cover letter from the Governor. The inventories were 
reviewed by the EPA to determine completeness shortly after their 
submittal, in accordance with the completeness criteria set out at 40 
CFR part 51, appendix V (1991), as amended by 57 FR 42216 (August 26, 
1991). The inventories were complete except for public hearings. The 
EPA determined that for inventories that were lacking only public 
hearings a finding of completeness would be made, contingent upon the 
State fulfilling the public hearing requirement.<SUP>4 The submittal 
was found to be complete contingent upon the State fulfilling the 
public hearing requirment, and a letter dated January 15, 1993, was 
forwarded to the Governor indicating the completeness of the submittal 
and the next steps to be taken in the review process.

    \4\Memorandum from John Calcagni, Director, Air Quality 
Management Division, to Regional Air Division Directors, Regions I-
X, ``State Implementation Plan (SIP) Actions Submitted in Response 
to Clean Air Act (ACT) Deadlines,'' October 28, 1992.
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    The State of Louisiana subsequently held public hearings on October 
22, 1993, to entertain public comment on the 1990 base year emission 
inventories. The State provided evidence to EPA Region 6 that the 
public hearings were held and that the State responded to comments.
    EPA Region 6, EPA's Office of Air Quality Planning and Standards 
(OAQPS) Emissions Inventory Branch (EIB), EPA's Office of Mobile 
Sources (OMS), and Midwest Research Institute, contractor to EIB, 
reviewed the inventories. Comments were sent to Louisiana, and the 
State responded with a resubmittal. The resubmittal underwent a second 
review. The Level III review comments were sent to Louisiana on 
December 21, 1993.
    The State addressed the final Level III comments and submitted 
responses to Region 6 on January 28, 1994. The State submitted the 
final revised inventory to Region 6 on September 27, 1994. In addition, 
the State of Louisiana held additional public hearings on the final 
revised inventory on October 28, 1994, to accept public comments. The 
State provided evidence to EPA Region 6 that the public hearings were 
held and that the State responded to comments.
    Region 6 compared the Louisiana responses with the deficiencies 
noted in the final Level III review and concluded that Louisiana had 
adequately addressed the remaining deficiencies so that Region 6 was 
satisfied that Louisiana had completed the Level III criteria for the 
BTR and CAL ozone nonattainment areas.

2. Emission Inventory Review

    Section 110(k) of the Act sets out provisions governing the EPA's 
review of base year emission inventory submittals in order to determine 
approval or disapproval under section [[Page 13910]] 182(a)(1) (see 57 
FR 13565-13566, April 16, 1992). The EPA is proposing to grant approval 
of the Louisiana ozone base year emissions inventories based on the 
Level I, II, and III review findings. This section outlines the review 
procedures performed to determine if the base year emission inventory 
is acceptable or is disapproved.
    Today's action describes the review procedures associated with 
determining the acceptability of a 1990 base year emission inventory, 
and discusses the levels of acceptance that can result from the 
findings of the review process.
A. The Following Discussion Reviews the State Base Year SIP Inventory 
Approval Requirements
    The Level I and II review process is used to determine that all 
components of the base year inventory are present. The review also 
evaluates the level of supporting documentation provided by the State, 
and assesses whether the emissions were developed according to current 
EPA guidance.
    The Level III review process outlined below consists of 10 points 
that the inventory must include. For a base year emission inventory to 
be acceptable, it must pass all of the following acceptance criteria:

1. An approved Inventory Preparation Plan (IPP) was provided, and 
the Quality Assurance (QA) program contained in the IPP was 
performed and its implementation documented.
2. Adequate documentation was provided that enabled the reviewer to 
determine the emission estimation procedures and the data sources 
used to develop the inventory.
3. The point source inventory must be complete.
4. Point source emissions must have been prepared or calculated 
according to the current EPA guidance.
5. The area source inventory must be complete.
6. The area source emissions must have been prepared or calculated 
according to the current EPA guidance.
7. Biogenic emissions must have been prepared according to current 
EPA guidance or another approved technique.
8. The method (e.g., Highway Performance Monitoring System or a 
network transportation planning model) used to develop vehicle miles 
travelled (VMT) estimates must follow EPA guidance, which is 
detailed in the document, ``Procedures for Emission Inventory 
Preparation, Volume IV: Mobile Sources'', U.S. Environmental 
Protection Agency, Office of Mobile Sources and Office of Air 
Quality Planning and Standards, Ann Arbor, Michigan, and Research 
Triangle Park, North Carolina, December 1992.
9. The MOBILE model (or EMFAC model for California only) was 
correctly used to produce emission factors for each of the vehicle 
classes.
10. Nonroad mobile emissions were prepared according to current EPA 
guidance for all of the source categories.

    The base year emission inventory will be approved if it passes 
Levels I, II, and III of the review process. Detailed Level I and II 
review procedures can be found in the following document: ``Quality 
Review Guidelines for 1990 Base Year Emission Inventories'', U.S. 
Environmental Protection Agency, Office of Air Quality Planning and 
Standards, Research Triangle Park, North Carolina, July 27, 1992. Level 
III review procedures are specified in a memorandum from David Mobley 
and G.T. Helms to the Regions, ``1990 O<INF>3/CO SIP Emission Inventory 
Level III Acceptance Criteria'', October 7, 1992,<SUP>5 and revised in 
a memorandum from John Seitz to the Regional Air Directors dated June 
24, 1993.<SUP>6
B. The following Is a Summary of the Level III Review of the Louisiana 
1990 Base Year Submittal
1. The IPP and QA plan were submitted and approved. The QA plan was 
implemented and documented in the submission.
2. The documentation was adequate for the reviewer to determine the 
estimation procedures and data sources used to develop the inventory 
for all emission types.
3. The point source inventory was found to be complete.
4. The point source emissions were estimated according to EPA 
guidance.
5. The area source inventory was found to be complete.
6. The area source emissions were estimated according to EPA 
guidance.
7. The biogenic emissions were developed from a consultant's site-
specific study of the BTR area and the emissions were calculated 
using the EPA PC-BEIS model for the CAL area.
8. The method used to develop VMT estimates was adequately described 
and documented.
9. The MOBILE model was used correctly.
10. The nonroad mobile emission estimates were correctly prepared 
according to current EPA guidance or acceptable alternatives.

    Documentation of the Region 6 evaluation, including details of the 
review procedure, is contained in a memorandum (Attachment A) in the 
Technical Support Document (TSD). A general summary of the inventories 
is contained in Attachment B of the TSD.

Final Action

    Louisiana has submitted complete inventories containing point, 
area, biogenic, on-road mobile, and non-road mobile source data, and 
accompanying documentation. Emissions from these sources are presented 
in the following table:

                                                       VOC                                                      
                                   [Ozone Seasonal Emissions in Tons Per Day]                                   
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         Point source       Area source     On-road mobile    Non-road mobile                                   
 NAA       emissions         emissions         emissions         emissions         Biogenic      Total emissions
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BTR            115.20             26.25             55.50             23.46            120.91           341.32  
CAL             57.90              7.20             14.64             13.30             16.47           109.51  
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    \5\Memorandum from J. David Mobley, Chief, Emissions Inventory 
Branch, to Air Branch Chiefs, Region I-X, ``Final Emission Inventory 
Level III Acceptance Criteria,'' October 7, 1992.
    <SUP>6Memorandum from John S. Seitz, Director, Office of Air 
Quality Planning and Standards, to Regional Air Division Directors, 
Region I-X, ``Emission Inventory Issues,'' June 24, 1993.
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[[Page 13911]]
                                                       NOX                                                      
                                   [Ozone Seasonal Emissions in Tons Per Day]                                   
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         Point source       Area source     On-road mobile    Non-road mobile                                   
 NAA       emissions         emissions         emissions         emissions         Biogenic      Total emissions
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BTR            234.68              0.78             71.70             38.40                NA           345.56  
CAL            119.20              0.25             20.31             40.86                NA           180.62  
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                                                       CO                                                       
                                   [Ozone Seasonal Emissions in Tons Per Day]                                   
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         Point source       Area source     On-road mobile    Non-road mobile                                   
 NAA       emissions         emissions         emissions         emissions         Biogenic      Total emissions
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BTR            282.91              2.30            434.50            193.02                NA           912.73  
CAL             42.10              0.50            117.35             75.03                NA           234.98  
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  Based on Region 6's review of the inventories, Louisiana has 
satisfied all of the EPA's requirements for providing a comprehensive, 
accurate, and current inventory of actual emissions in the ozone 
nonattainment areas. These inventories are complete and approvable 
according to the criteria set out in the November 12, 1992, memorandum 
from J. David Mobley, Chief Emission Inventory Branch, TSD and G.T. 
Helms, Chief Ozone/Carbon Monoxide Programs Branch, Air Quality 
Management Division.
    In today's final action, the EPA is fully approving the SIP 1990 
base year ozone emission inventories submitted by Louisiana to the EPA 
on September 27, 1994, for the Baton Rouge and Calcasieu Parish 
nonattainment areas as meeting the requirements of section 182(a)(1) of 
the Act.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this FR 
publication, the EPA is proposing to approve the SIP revision should 
adverse comments be received. Thus, this action will be effective on 
May 15, 1995 unless, by April 14, 1995 adverse or critical comments are 
received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent notice which will 
withdraw the final action. All public comments will then be addressed 
in a subsequent final rule on this action serving as a proposed rule. 
The EPA will not institute a second comment period on this action. Any 
parties interested in commenting on this action should do so at this 
time. If no comments are received, the public is advised that this 
action will be effective May 15, 1995.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors, in relation to relevant statutory and regulatory 
requirements.

Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities (5 U.S.C 603 and 604). 
Alternatively, the EPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements, but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP-approval does not impose any new requirements, I certify 
that it does not have a significant impact on small entities affected. 
Moreover, due to the nature of the Federal-State relationship under the 
CAA, preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
CAA forbids the EPA to base its actions concerning SIPs on such 
grounds. (Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. 
Ct. 1976); 42 U.S.C. 7410 (a)(2)).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 15, 1995. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review, nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not by challenged later in proceedings to enforce its 
requirements (see section 307(b)(2)).
    The Office of Management and Budget has exempted this action from 
review under Executive Order 12866.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: March 3, 1995.
Jane N. Saginaw,
Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart T--Louisiana

    2. Section 52.993 is added to read as follows:


Sec. 52.993  Emissions inventories.

    (a) The Governor of the State of Louisiana submitted the 1990 base 
year emission inventories for the Baton Rouge (BTR) and Calcasieu 
Parish (CAL) ozone nonattainment areas on November 16, 1992 as a 
revision to the State Implementation Plan (SIP). The 1990 base year 
emission inventory requirement of section 182(a)(1) of the Clean Air 
Act, as amended in 1990, has been satisfied for each of these areas. 
[[Page 13912]] 
    (b) The inventories are for the ozone precursors which are volatile 
organic compounds, nitrogen oxides, and carbon monoxide. The 
inventories cover point, area, non-road mobile, on-road mobile, and 
biogenic sources.
    (c) The BTR nonattainment area is classified as Serious and 
includes Ascension, East Baton Rouge, Iberville, Livingston, Point 
Coupee, and West Baton Rouge Parishes; the CAL nonattainment area is 
classified as Marginal and includes Calcasieu Parish.

[FR Doc. 95-6299 Filed 3-14-95; 8:45 am]
BILLING CODE 6560-50-P