Approval and Promulgation of Implementation Plan: Louisiana Emission Statement

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

40 CFR Part 52

[LA-13-1-5940; FRL-4860-6]

Approval and Promulgation of Implementation Plan: Louisiana

Emission Statement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to approve a revision to the Louisiana

State Implementation Plan (SIP) to include revisions to the Louisiana

Department of Environmental Quality (LDEQ) Regulation Title 33, Part

III, Chapter 9, General Regulations on Control of Emissions and

Emission Standards, Section 919, Emission Inventory. These revisions

are for the purpose of implementing an emission statement program for

stationary sources within the ozone nonattainment areas. The

implementation plan was submitted by the State to satisfy the Federal

requirements for an emission statement program as part of the SIP for

Louisiana.

DATES: Comments on this proposed action must be received in writing by

May 9, 1994. Comments should be addressed to the contact indicated

below.

ADDRESSES: Written comments on this action should be addressed to Mr.

Thomas H. Diggs, Chief, Planning Section, at the EPA Regional Office

listed below. Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

following locations. The interested persons wanting to examine these

documents should make an appointment with the appropriate office at

least 24 hours before the visiting day.

U.S. Environmental Protection Agency, Region 6, Air Programs Branch

(6T-AP), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

Louisiana Department of Environmental Quality, Air Quality

Division, 7290 Bluebonnet, Baton Rouge, Louisiana 70810.

FOR FURTHER INFORMATION CONTACT: Mr. Herbert R. Sherrow, Jr., Planning

Section (6T-AP), Air Programs Branch, U.S. EPA Region 6, 1445 Ross

Avenue, Dallas, Texas 75202-2733, Telephone (214) 655-7237.

SUPPLEMENTARY INFORMATION: The air quality planning and SIP

requirements for ozone nonattainment and transport areas are set out in

subparts I and II of part D of title I of the Clean Air Act (CAA or

``the Act''), as amended by the Clean Air Act Amendments (CAAA) of

1990. The EPA has published a ``General Preamble'' describing the EPA's

preliminary views on how the EPA intends to review SIPs and SIP

revisions submitted under Title I of the CAA, including those State

submittals for ozone transport areas within the States (see 57 FR 13498

(April 16, 1992) (``SIP: General Preamble for the Implementation of

title I of the Clean Air Act Amendments of 1990''), 57 FR 18070 (April

28, 1992) (``Appendices to the General Preamble''), and 57 FR 55620

(November 25, 1992) (``SIP: NOX Supplement to the General

Preamble'')).

The EPA has also issued a draft guidance document describing the

requirements for the emission statement programs discussed in this

notice, entitled ``Guidance on the Implementation of an Emission

Statement Program'' (July 1992). The Agency is also conducting a

rulemaking process to modify 40 CFR part 40 to reflect the requirements

of the emission statement program.

Section 182 of the Act sets out a graduated control program for

ozone nonattainment areas. Section 182(a) sets out requirements

applicable in marginal nonattainment areas, which are also made

applicable in subsections (b), (c), (d), and (e) to all other ozone

nonattainment areas. Among the requirements in section 182(a) is a

program in paragraph (3) of that subsection for stationary sources to

prepare and submit to the State each year emission statements showing

actual emissions of volatile organic compounds (VOC) and nitrogen

oxides (NOX). This paragraph provides that the States are to

submit a revision to their SIPs by November 15, 1992, establishing this

emission statement program. Whatever minimum reporting level is

established in a State emission statement program, if either VOC or

NOX is emitted at or above the designated level, the other

pollutant should be included in the emission statement, even if it is

emitted at levels below the specified cutoffs.

The CAA requires facilities to submit the first emission statement

to the State within three years after November 15, 1990, and annually

thereafter. The EPA requests that the States submit the emission data

to the EPA through the Aerometric Information Retrieval System (AIRS).

The minimum emission statement data should include: certification of

data accuracy, source identification information, operating schedule,

emissions information (to include annual and typical ozone season day

emissions), control equipment information, and process data. The EPA

developed emission statements data elements to be consistent with other

source and State reporting requirements. This consistency is essential

to assist States with quality assurance for emission estimates and to

facilitate consolidation of all EPA reporting requirements.

In addition to the submission of the emission statement data to

AIRS, States should provide the EPA with a status report that outlines

the degree of compliance with the emissions statement program.

Beginning July 1, 1993, States should report quarterly to the EPA the

total number of sources affected by the emission statement provisions,

the number that have complied with the provisions, and the number that

have not. This status report should also include the total annual and

typical ozone season day emissions from all reporting sources, both

corrected and noncorrected for rule-effectiveness. States should

include in their status report a list of sources that are delinquent in

submitting their emission statement and that emit 500 tons per year

(TPY) or more of VOC or 2500 TPY or more of NOX. This report

should be a quarterly submittal until all the regulated sources have

complied for the reporting year. Suggested submittal dates for the

quarterly status reports are July 1, October 1, January 1, and April 1.

Analysis of State Submission

1. Procedural Background

The Act requires States to observe certain procedural requirements

in developing its SIP, of which the emission statement program will

become a part. Section 110(a)(2) of the Act provides that each

implementation plan submitted by a State must be adopted after

reasonable notice and public hearing.1 Section 110(l) similarly

provides that each revision to an implementation plan submitted by a

State under the CAAA must be adopted by such State after reasonable

notice and public hearing.

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\1\Also Section 172(c)(7) of the Act requires that plan

provisions for nonattainment areas meet the applicable provisions of

section 110(a)(2).

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The EPA must at the outset determine whether a submittal is

complete and therefore warrants further EPA review and action (see

section 110(k)(1) and 57 FR 13565). The EPA's completeness criteria for

SIP submittals are set out at 40 CFR part 51, Appendix V (1991), as

amended by 57 FR 42216 (August 26, 1991). The EPA attempts to make

completeness determinations within 60 days of receiving a submission.

However, under section 110(k)(1)(B), a submittal is deemed complete by

operation of law if a completeness determination is not made by the EPA

six months after receipt of the submission.

The State passed an emergency regulation after following all

applicable State Administrative Procedures Act requirements for

submittal to the EPA by November 15, 1992, to satisfy CAA requirements.

The State subsequently entered into State rulemaking for a permanent

regulation. It was submitted to public hearing on December 30, 1992.

The State addressed public comments and made minor adjustments.

Following the public hearing, the final rule was adopted by the State

and submitted to the EPA as a proposed revision to the SIP on March 3,

1993. The permanent emission statement regulations were then codified

at LAC 33:III.919.

The March 3, 1993, SIP revision was reviewed by the EPA to

determine completeness 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 submittal was found to be complete, and a letter

dated August 3, 1993, was forwarded to the Governor indicating the

completeness of the submittal and the next steps to be taken in the

review process. The provisions of the regulation are outlined under the

analysis of the State's submission below.

2. Components of Emission Statement Program

There are several key general and specific components of an

acceptable emission statement program. Specifically, the State must

submit a revision to its SIP, and the emission statement program must

meet the minimum requirements for reporting by the sources and the

State. In general, the program must include, at a minimum, provisions

for applicability, definitions, compliance, and specific source

requirements detailed below.

A. SIP Revision Submission. Required within two years of

enactment of the CAAA of 1990 (November 15, 1990).

B. Program Elements. The State emission statement program must,

at a minimum, include provisions covering applicability of the

regulations, definitions for key terms used in the regulations, a

compliance schedule for sources covered by the regulations, and the

specific reporting requirements for sources. The emission statement

submitted by the source should contain, at a minimum, a

certification that the information is accurate to the best knowledge

of the individual certifying the statement, source identification

information, operating information, process rate data, control

equipment information, and emissions information. These elements are

described in greater detail in section D of this document. The EPA

recommends that the State program require the submission of the data

from the sources no later than April 15 of each year to insure that

the State can meet the July 1 deadline for the submission of data

into AIRS each year. The guidance document prepared by the EPA

provides a draft model State rule which can be used as the basis for

the States to develop their program. The guidance document also

provides suggested language for the specific program elements.

C. Sources Covered. Section 182(a)(3)(B) requires that States

with areas designated as nonattainment for ozone require emission

statement data from sources of VOC or NOX in the nonattainment

areas. This requirement applies to all ozone nonattainment areas,

regardless of the classification (marginal, moderate, etc.).

The States may waive, with EPA approval, the requirement for

emission statements for classes or categories of sources with less than

25 tons per year of actual plant-wide NOX or VOC emissions in

nonattainment areas if the class or category is included in the base

year and periodic inventories and emissions are calculated using

emission factors established by the EPA (such as those found in EPA

publication AP-42) or other methods acceptable to the EPA. States

should get clearance from the appropriate EPA Regional Office to waive

the emission statement requirement for these smaller sources.

D. Reporting Requirements for Sources. The State requires

facilities to report on a form supplied by the State. Sources

covered by the State emission statement program should submit, at a

minimum, the following data elements:

1. Source identification information

2. Operating information

3. Process rate data

4. Control equipment information

5. Emissions information

3. Review of the State's Emission Statement Regulations

Applicability

The applicability of the regulation to ozone nonattainment areas is

documented in subsection A.1. The rule applies to the owner or operator

of facilities in the State in an ozone nonattainment area emitting a

minimum of 10 TPY of VOC, 25 TPY of NOX, or 100 TPY of carbon

monoxide (CO), or any facility that has the potential to emit

(``allowables'' in a facility's permit) 50 TPY or more of VOC in an

area designated as an ozone adjoining area. If either VOC or NOX

is emitted at or above the minimum required reporting level, the other

pollutant must be included even if it is emitted at levels below the

specified cutoff.

Types of Inventories

The Annual Emission Statement (AES) requirement for ozone

nonattainment areas is documented in subsection B.1. This subsection

requires stationary sources identified in subsection A. to submit an

AES for all criteria pollutant including VOC. The AES shall consist of

an inventory of actual emissions of VOC, NOX, and CO, and the

certifying statement.

Ozone Nonattainment Area Statement

The requirement for ozone nonattainment area's statements is

documented in subsection B.3. This subsection requires stationary

sources in ozone nonattainment areas emitting a minimum of 10 TPY of

VOC, 25 TPY of NOX, or 100 TPY of CO to submit an annual

statement. The statement shall consist of actual annual emissions and

typical weekday emissions that occur during the three-month period of

greatest or most frequent ozone exceedences as published by the

Department in the Enforcement and Regulatory Compliance notice that is

mailed out monthly from the Division of Legal Affairs and Enforcement.

``Typical weekday'' emissions are defined as an ``average'' of two

actual daily emissions rates (one at the lowest emission rate and one

at the highest emission rate) during a seven-day period.

Minimum Data Requirements

The minimum data requirements are documented in subsection B.5. The

data requirements include a certifying statement, facility

identification information, operating information, process rate data,

control equipment information, and emissions information.

A statement is required from the owner or operator to accompany the

emission statement certifying that the information is true and accurate

to the best knowledge of the certifying official. The certification

will include the name, title, signature, date of signature, and

telephone number of the certifying official (subsection B.5.a.).

Source data elements required by the Louisiana regulation are:

1. Facility identification information (subsection B.5.b.)

a. Full name, physical location, and mailing address of facility.

b. Universal Transverse Mercator horizontal and vertical

coordinates.

c. Standard Industrial Classification code(s).

2. Operating information (subsection B.5.c.)

a. Percentage annual throughput by season.

b. Days per week during the normal operating schedule.

c. Hours per day during the normal operating schedule.

d. Hours per year during the normal operating schedule.

3. Process rate data (subsection B.5.d.)

a. Annual process rate (annual throughput).

b. Peak ozone season daily process rate (in nonattainment areas.

4. Control equipment information (subsection B.5.e.)

a. Current primary and secondary AIRS Facility Subsystem (AFS)

control equipment identification codes.

b. Current control equipment efficiency (percent).

5. Emissions information (subsection B.5.f.)

a. Estimated actual VOC and/or NOX emissions at the segment

level, in TPY for an annual emission rate and pounds per day for a

typical ozone season day (defined as the average or typical operating

day during the peak ozone season). Actual emission estimates must

include upsets, downtime, and fugitive emissions, and must follow an

``emission estimation method''. Emissions will be reported as one

number.

b. AFS estimated emissions method code.

c. Emission factor (if emissions were calculated using an emissions

factor).

Calculations

Calculations of emissions are documented in subsection C. The

subsection specifies actual measurement with continuous monitoring

systems (CEMS) is the desired method of calculating emissions from a

point source. In lieu of CEMS data, emissions may be calculated using

methods found in the most recent edition of the Compilation of Air

Pollution Emission Factors (AP-42), or calculations published in

Engineering Journals with prior administrative approval from the

Assistant Secretary.

Reporting Requirements

The reporting requirements are documented in subsection E. The

reporting deadline for the 1992 ozone nonattainment area is March 31,

1993, unless otherwise directed by the Secretary of the LDEQ.

Subsequent emission statements are due on March 31 of each year, unless

otherwise directed by the Secretary of the LDEQ, and will contain data

for the previous year.

Enforcement

The enforcement requirements are documented in subsection F. The

State of Louisiana has included language in its regulation that permits

the State to enforce the provisions of the regulation under all

pertinent State enforcement authorities.

All measures and other elements in the SIP must be enforceable by

the State and EPA. The EPA criteria addressing the enforceability of

SIPs and SIP revisions were stated in a September 23, 1987, memorandum

(with attachments) from J. Craig Potter, Assistant Administrator for

Air and Radiation, et al. (see 57 FR 13541). SIP provisions must also

contain a program that provides for enforcement of the control measures

and other elements in the SIP (see section 110(a)(2)(C)).

Technical Correction

In reviewing the State's submitted permanent regulation, a

technical error was discovered in subsection B.2.a. This subsection

contains a reference to subsection B.2.d., when it should refer to

subsection B.2.c. This appears to be a typographical error and is not

substantive since it is unlikely that it would lead to a

misinterpretation of the regulation. This error has been discussed with

the State, and the State has agreed to amend the regulation to correct

the error through the State's rulemaking process. Final EPA rulemaking

will not occur until the State has made the correction and submitted

documentation of evidence that the error has been corrected. The EPA

expects the correction will be made by June 30, 1994.

Proposed Action

In today's action, the EPA is proposing final approval of the

Louisiana emission statement program SIP submittal and invites public

comment on the action.

The analysis of the Louisiana regulation shows that it adequately

addresses all components of an emission statement program.

In addition, the State has agreed to provide the EPA with emission

statement data for the EPA AIRS through the State's grants commitments

and to provide quarterly status reports.

The EPA has reviewed this request for revision of the Federally-

approved SIP for conformance with the provisions of the 1990 CAAA of

November 15, 1990. The EPA has determined that this action conforms

with those requirements.

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, economical, and

environmental factors, and in relation to relevant statutory and

regulatory requirements.

Regulatory Process

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 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.

The SIP approvals under section 110 and subchapter I, part D, of

the CAA do not create any new requirements, but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP-approval does not impose any new requirements, I certify

that it does not have a significant impact on any small entities

affected. Moreover, due to the nature of the Federal-State relationship

under the 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)).

Executive Order 12866

This action has been classified as a Table Two action by the

Regional Administrator under the procedures published in the Federal

Register on January 19, 1989 (54 FR 2214-2225), as revised by an

October 4, 1993, memorandum from Michael H. Shapiro, Acting Assistant

Administrator for Air and Radiation. A future document will inform the

general public of these tables. On January 6, 1989, the Office of

Management and Budget (OMB) waived Table Two and Table Three SIP

revisions (54 FR 2222) from the requirements of section three of

Executive Order 12291 for two years. The EPA has submitted a request

for a permanent waiver for Table Two and Table Three SIP revisions. The

OMB has agreed to continue the temporary waiver until such time as it

rules on the EPA's request. This request continues in effect under

Executive Order 12866, which superseded Executive Order 12291 on

September 30, 1993.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Emission

statements, Hydrocarbons, Intergovernmental relations, Nitrogen oxide,

Oxides of nitrogen, SIP requirements, and Volatile organic compounds.

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

Dated: March 22, 1994.

Jane N. Saginaw,

Regional Administrator.

[FR Doc. 94-8355 Filed 4-6-94; 8:45 am]

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