Clean Air Act Final Full Approval of Operating Permits Program; Louisiana Department of Environmental Quality

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[LA-001; FRL-5293-3]

Clean Air Act Final Full Approval of Operating Permits Program;

Louisiana Department of Environmental Quality

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final full approval.

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SUMMARY: The EPA is promulgating full approval of the Louisiana

Operating Permits program submitted by the Governor of Louisiana for

the Louisiana Department of Environmental Quality (LDEQ) for the

purpose of complying with Federal requirements which mandate that

States develop, and submit to EPA, programs for issuing operating

permits to all major stationary sources, and to certain other sources.

EFFECTIVE DATE: This program will be effective October 12, 1995.

ADDRESSES: Copies of the State's submittal and other supporting

information used in developing the final full approval are available

for inspection during normal business hours at the following location:

Environmental Protection Agency, Region 6, Air Permits Section (6PD-R),

1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

Louisiana Department of Environmental Quality, Office of Air Quality,

7290 Bluebonnet Boulevard, P.O. Box 82135, Baton Rouge, Louisiana

70884-2135.

FOR FURTHER INFORMATION CONTACT: Joyce P. Stanton, Multimedia Planning

and Permitting Division, Environmental Protection Agency, Region 6,

1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone 214-

665-7547.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

Title V of the Clean Air Act (``the Act''), and implementing

regulations at 40 Code of Federal Regulations (CFR) part 70 require

that States develop and submit operating permits programs to the EPA by

November 15, 1993, and that the EPA act to approve or disapprove each

program within one year after receiving the submittal. The EPA's

program review occurs pursuant to section 502 of the Act and the part

70 regulations, which together outline criteria for approval or

disapproval. Where a program substantially, but not fully, meets the

requirements of part 70, the EPA may grant the program interim approval

for a period of up to two years. If the EPA has not fully approved a

program by two years after the date of November 15, 1993, or by the end

of an interim program, it must establish and implement a Federal

program.

On August 25, 1994, the EPA proposed interim approval of the

Operating Permits program submitted by the LDEQ on November 15, 1993,

to meet the requirements of part 70 and title V of the Act. (See 59 FR

43797, August 25, 1994) (hereafter Interim Approval Notice). Many

comments were received on the Interim Approval Notice. The LDEQ

provided comments and revised their Operating Permits program to

address the issues discussed in the Interim Approval Notice. These

revisions were sent to the EPA on November 10, 1994. On April 7, 1995,

the EPA rescinded the proposed interim approval, addressed all comments

received on the Interim Approval Notice, and proposed full approval of

the Operating Permits program for the LDEQ based on the revised

Operating Permits program. (See 60 FR 17750, April 7, 1995) (hereafter

Full Approval Notice). The EPA received public comment on the Full

Approval Notice and compiled a technical support document which

describes the Operating Permits program in greater detail.

A single commentor, the National Environmental Development

Association-Clean Air Regulatory Project (NEDA-CARP), provided comments

on the Full Approval Notice. NEDA-CARP was concerned that the EPA was

requiring the LDEQ to revise its regulatory provision on research and

development (R&D) facilities to prevent R&D facilities from being

considered separately from sources with which they are co-located, in

order to receive full approval. NEDA-CARP stated its belief that the

EPA was not correct in its interpretation of 40 CFR part 70 and that it

is likely that the part 70 rules will be revised in the near future to

allow States the flexibility to consider co-located R&D facilities

separately from the source. The EPA appreciates NEDA-CARP's concerns;

however, the Louisiana Operating Permits program must be evaluated

based on the part 70 rules and interpretations in place at the time of

approval. In any case, the premise of NEDA-CARP's comment is incorrect.

Apparently basing its comment on drafts of a proposed revision to part

70, NEDA-CARP claims that the proposal would allow an R&D facility to

be treated separately for applicability purposes regardless of its

Standard Industrial Classification (SIC) code or whether it functions

as a support facility. While it is true that the proposed rule would

create a separate industrial classification for R&D, the preamble to

the proposed rule clarifies that this is a codification of the EPA's

previous understanding of the SIC code test embodied in the current

part 70, which would allow an R&D facility to be treated separately

only if it belongs to a separate two digit SIC code. Moreover, the

proposal expressly retains from the SIC code approach the duty to

aggregate an R&D facility with other on-site sources for which it

functions as a support facility. Therefore, the EPA continues to

believe that these changes to Louisiana's Operating Permits program

were necessary for full approval.

NEDA-CARP's other comments were supportive of the positions taken

by the EPA in the Full Approval Notice such as the definitions of

``title I modification'' and ``case-by-case'' determinations, and the

approval of the insignificant activities and criteria.

In this notice, the EPA is taking final action to promulgate full

approval of the Operating Permits program for the LDEQ.

II. Final Action and Implications

A. Analysis of State Submission

On April 7, 1995, the EPA proposed full approval of the State of

Louisiana's Title V Operating Permits program. (See 60 FR 17750). The

program elements discussed in the proposed notice are unchanged from

the analysis in the Full Approval Notice and continue to fully meet the

requirements of 40 CFR part 70.

In the Interim Approval Notice, the following items were delineated

as deficiencies in the Louisiana Operating permit program: State

confidentiality provisions could be interpreted to protect the contents

of the permit itself from disclosure; Louisiana Administrative Code

(LAC) 33:III.501.B.7 allowed the permitting authority to consider a

certain complex within a facility as a source separate from the

facility with which it is co-located, provided that the complex is used

solely for R & D of new processes

[[Page 47297]]

and/or products, and is not engaged in the manufacture of products for

commercial sale; deadlines for submittal of Acid Rain permits were

inconsistent; LAC 33.III.521.A.6 appeared to allow administrative

amendments to permits to incorporate certain ``off-permit'' changes; it

was unclear whether the State could lawfully require records to be

retained for five years; LAC 33.III.527.A.3 allowed certain changes

that rendered existing compliance terms irrelevant to be incorporated

through minor modification procedures, yet was unclear whether the

criteria in the State rule conformed to 40 CFR 70.4(b)(14); State

provisions did not include a requirement that the permit specify the

origin of and reference the authority for each term or condition, nor

did they identify differences in form from the applicable requirements

upon which the terms were based or contain various other elements

required by 40 CFR 70.6; inadequate definition of ``title I

modification;'' provisions to determine insignificant activities were

not included with the State's original submittal. As discussed in the

notice proposing full approval, Louisiana has addressed all of these

items. For further discussion of these items, please see the proposed

full approval and the Technical Support Document.

B. Options for Approval/Disapproval

The EPA is promulgating full approval of the Operating Permits

program submitted to the EPA for the LDEQ on November 15, 1993, and

revised on November 10, 1994. Among other things, the LDEQ has

demonstrated that the program will be adequate to meet the minimum

elements of a State operating permits program as specified in 40 CFR

part 70.

Requirements for approval, specified in 40 CFR 70.4(b), encompass

section 112(l)(5) requirements for approval of a program for delegation

of section 112 standards as promulgated by the EPA as they apply to

part 70 sources. Section 112(l)(5) requires that the State's program

contain adequate authorities, adequate resources for implementation,

and an expeditious compliance schedule, which are also requirements

under part 70.

Therefore, the EPA is also promulgating full approval under section

112(l)(5) and 40 CFR 63.91 of the State's program for receiving

delegation of section 112 standards that are unchanged from Federal

standards as promulgated. This program for delegations only applies to

sources covered by the part 70 program.

III. Administrative Requirements

A. Docket

Copies of the State's submittal and other information relied upon

for the final full approval, including the public comments received and

reviewed by the EPA on the proposal, are contained in the docket

maintained at the EPA Regional Office. The docket is an organized and

complete file of all the information submitted to, or otherwise

considered by, the EPA in the development of this final full approval.

The docket is available for public inspection at the location listed

under the ADDRESSES section of this document.

B. Executive Order 12866

The Office of Management and Budget has exempted this action from

Executive Order 12866 review.

C. Regulatory Flexibility Act

The EPA's actions under section 502 of the Act do not create any

new requirements, but simply address operating permits programs

submitted to satisfy the requirements of 40 CFR part 70. Because this

action does not impose any new requirements, it does not have a

significant impact on a substantial number of small entities.

D. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under Section 205, the EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 of the Unfunded Mandates Act

requires the EPA to establish a plan for informing and advising any

small governments that may be significantly or uniquely impacted by the

rule.

The EPA has determined that the approval action promulgated today

does not include a Federal mandate that may result in estimated costs

of $100 million or more to either State, local, or tribal governments

in the aggregate, or to the private sector. This Federal action

approves pre-existing requirements under State or local law, and

imposes no new Federal requirements. Accordingly, no additional costs

to State, local, or tribal governments, or to the private sector,

result from this action.

List of Subjects in 40 CFR Part 70

Administrative practice and procedure, Air pollution control,

Environmental protection, Intergovernmental relations, Operating

permits, Reporting and recordkeeping requirements.

Dated: August 25, 1995.

A. Stanley Meiburg,

Acting Regional Administrator (6RA).

40 CFR Part 70 is amended as follows:

PART 70--[AMENDED]

1. The authority citation for part 70 continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

2. Appendix A is amended by adding an entry for ``Louisiana'' in

alphabetical order to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating

Permits Programs

* * * * *

Louisiana

(a) The Louisiana Department of Environmental Quality, Air

Quality Division submitted an Operating Permits program on November

15, 1993, which was revised November 10, 1994, and became effective

on October 12, 1995.

(b) [Reserved]

* * * * *

[FR Doc. 95-22330 Filed 9-11-95; 8:45 am]

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