Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Louisiana; Approval of the Maintenance Plan for the New Orleans Consolidated Metropolitan Statistical Area (CMSA); Redesignation of the New Orleans CMSA To Attainment

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[LA-15-1-6073a; FRL-5307-4]

Approval and Promulgation of Implementation Plans and Designation

of Areas for Air Quality Planning Purposes; State of Louisiana;

Approval of the Maintenance Plan for the New Orleans Consolidated

Metropolitan Statistical Area (CMSA); Redesignation of the New Orleans

CMSA To Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On October 15, 1994, the State of Louisiana submitted a

revised maintenance plan and request to redesignate the New Orleans

CMSA ozone nonattainment area to attainment. The New Orleans CMSA is

comprised of six parishes: Jefferson, Orleans, St. Charles, St.

Bernard, St. John the Baptist, and St. Tammany. Maintenance and

contingency plans are not included in the action for the parishes of

St. John the Baptist and St. Tammany. St. John the Baptist Parish was

previously redesignated to attainment, and St. Tammany Parish has never

been designated as nonattainment.

This maintenance plan and redesignation request was initially

submitted to the EPA on April 23, 1993. Although the EPA deemed this

initial submittal complete on September 10, 1993, certain approvability

issues existed. The State of Louisiana addressed these approvability

issues and has revised its submissions. Under the Clean Air Act (CAA),

nonattainment areas may be redesignated to attainment if sufficient

data are available to warrant the redesignation and the area meets the

other CAA redesignation requirements. In this action, EPA is approving

Louisiana's redesignation request because it meets the maintenance plan

and redesignation requirements set forth in the CAA, and EPA is

approving the 1990 base year emissions inventory. The approved

maintenance plan will become a federally enforceable part of

[[Page 51355]]

the State Implementation Plan (SIP) for Louisiana.

DATES: This final rule is effective on December 1, 1995, unless notice

is postmarked by November 1, 1995, that someone wishes to submit

adverse or critical comments. If the effective date is delayed, timely

notice will be published in the Federal Register (FR).

ADDRESSES: Comments should be mailed to Thomas H. Diggs, Chief, Air

Planning Section (6PD-L), U.S. EPA Region 6, 1445 Ross Avenue, Dallas,

Texas 75202-2733. Copies of the State's petition and other information

relevant to this action are available for inspection during normal

hours at the following locations:

U.S. Environmental Protection Agency, Region 6, Air Planning Section

(6PD-L), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

Air and Radiation Docket and Information Center, U.S. Environmental

Protection Agency, 401 M Street SW., Washington, D.C. 20460.

Louisiana Department of Environmental Quality, Office of Air Quality,

7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810.

Anyone wishing to review this petition at the Region 6 EPA office is

asked to contact the person below to schedule an appointment 24 hours

in advance.

FOR FURTHER INFORMATION CONTACT: Mr. Mick Cote, Air Planning Section

(6PD-L), U.S. Environmental Protection Agency, Region 6, 1445 Ross

Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7219.

SUPPLEMENTARY INFORMATION:

Background

The CAA, as amended in 1977 required areas that were designated

nonattainment based on a failure to meet the ozone National Ambient Air

Quality Standards (NAAQS) to develop SIPs with sufficient control

measures to expeditiously attain and maintain the standard. The New

Orleans CMSA was designated under section 107 of the 1977 CAA as

nonattainment with respect to the ozone NAAQS on September 11, 1978 (40

CFR 81.319). In accordance with section 110 of the 1977 CAA, the State

of Louisiana submitted an ozone SIP as required by part D on December

10, 1979. EPA fully approved this ozone SIP on October 29, 1981 (46 FR

53412). The most recent revision to the ozone SIP occurred on May 5,

1994, when the EPA approved a SIP revision for the State of Louisiana

to correct certain enforceability deficiencies in its volatile organic

compounds (VOC) rules (59 FR 23164). For purposes of redesignations,

the State of Louisiana has an approved ozone SIP for these parishes

being considered for redesignation.

On November 15, 1990, the CAA Amendments of 1990 were enacted

(Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q).

The ozone nonattainment designation for Jefferson, Orleans, St.

Charles, and St. Bernard Parishes continued by operation of law

according to section 107(d)(1)(C)(i) of the CAA, as amended in 1990

(See 56 FR 56694, November 6, 1991). Since the State had collected the

required three years of ambient air quality data necessary to petition

for redesignation to attainment, and these data demonstrate that the

ozone standard had not been violated, the New Orleans CMSA was

designated as transitional for ozone.

The Louisiana Department of Environmental Quality (LDEQ) has

continued to collect ambient monitoring data that show no violations of

the ozone NAAQS of .12 parts per million. The State developed

maintenance plans for Jefferson, Orleans, St. Bernard, and St. Charles

Parishes, and solicited public comment. Subsequently, the State of

Louisiana submitted a request, through the Governor's office, to

redesignate these parishes to attainment with respect to the ozone

NAAQS. The initial redesignation request and maintenance plans for the

New Orleans CMSA were submitted to the EPA on April 23, 1993. Although

these maintenance plans and the redesignation request were deemed

complete, several approvability issues existed. The State of Louisiana

addressed these approvability issues, and submitted revised maintenance

plans and a redesignation request accordingly. The revised

redesignation request for the New Orleans CMSA was received on October

14, 1994.

Evaluation Criteria

The 1990 Amendments revised section 107(d)(3)(E) to provide five

specific requirements that an area must meet in order to be

redesignated from nonattainment to attainment: (1) The area must have

attained the applicable NAAQS; (2) the area must meet all applicable

requirements under section 110 and part D of the CAA; (3) the area must

have a fully approved SIP under section 110(k) of the CAA; (4) the air

quality improvement must be permanent and enforceable; and, (5) the

area must have a fully approved maintenance plan pursuant to section

175A of the CAA. Section 107(d)(3)(D) allows a Governor to initiate the

redesignation process for an area to apply for attainment status.

Please see EPA's Technical Support Document (TSD) contained in the

docket for a detailed discussion of these requirements.

(1) Attainment of the NAAQS for Ozone

Attainment of the ozone NAAQS is determined based on the expected

number of exceedances in a calendar year. The method for determining

attainment of the ozone NAAQS is contained in 40 CFR 50.9 and appendix

H to that section. The simplest method by which expected exceedances

are calculated is by averaging actual exceedances at each monitoring

site over a three year period. An area is in attainment of the standard

if this average results in expected exceedances for each monitoring

site of 1.0 or less per calendar year. When a valid daily maximum

hourly average value is not available for each required monitoring day

during the year, the missing days must be accounted for when estimating

exceedances for the year. Appendix H provides the formula used to

estimate the expected number of exceedances for each year.

The State of Louisiana's request is based on an analysis of

quality-assured ozone air quality data which is relevant to both the

maintenance plan and to the redesignation request. The data come from

the State and Local Air Monitoring Station network. This request is

based on ambient air ozone monitoring data collected for more than 3

consecutive years in the area. Jefferson, Orleans, St. Bernard, and St.

Charles Parishes have collected ozone data since 1982, 1981, 1981, and

1991, respectively. The data clearly show an expected exceedance rate

of less than 1 for all these parishes. Please see the TSD for the

detailed air quality monitoring data.

In addition to the demonstration discussed above, EPA required

completion of air network monitoring requirements set forth in 40 CFR

part 58. This included a quality assurance plan revision and a

monitoring network review to determine the adequacy of the ozone

monitoring network. The LDEQ fulfilled these requirements to complete

documentation for the air quality demonstration. The LDEQ has also

committed to continue monitoring in the New Orleans CMSA in accordance

with 40 CFR part 58.

In summary, EPA believes that the data submitted by the LDEQ

provides an adequate demonstration that the New Orleans CMSA attained

the ozone NAAQS. Moreover, the monitoring data continue to show

attainment to date.

[[Page 51356]]

If the State's monitoring data demonstrates a valid violation of

the NAAQS before the direct final action is effective, the direct final

approval of the redesignation will be withdrawn and a proposed

disapproval substituted for the direct final approval.

(2) Section 110 Requirements

For purposes of redesignation, to meet the requirement that the SIP

contain all applicable requirements under the CAA, EPA has reviewed the

SIP to ensure that it contains all measures that were due under the CAA

prior to or at the time the State submitted its redesignation request,

as set forth in EPA policy. EPA interprets section 107(d)(3)(E)(v) of

the CAA to mean that, for a redesignation request to be approved, the

State must have met all requirements that applied to the subject area

prior to or at the same time as the submission of a complete

redesignation request. In this case, the date of submission of a

complete redesignation request is April 23, 1993. Requirements of the

CAA that come due subsequently continue to be applicable to the area at

later dates (see section 175A(c)) and, if redesignation of any of the

areas is disapproved, the State remains obligated to fulfill those

requirements. These requirements are discussed in the following EPA

documents: ``Procedures for Processing Requests to Redesignate Areas to

Attainment,'' John Calcagni, Director, Air Quality Management Division,

September 4, 1992; ``State Implementation Plan (SIP) Actions Submitted

in Response to Clean Air Act (CAA) Deadlines,'' John Calcagni,

Director, Air Quality Management Division, October 28, 1992; and

``State Implementation Plan (SIP) Requirements for Areas Submitting

Requests for Redesignation to Attainment of the Ozone and Carbon

Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on or

after November 15, 1992,'' Michael H. Shapiro, Acting Assistant

Administrator, September 17, 1993.

EPA has analyzed the Louisiana SIP and determined that it is

consistent with the requirements of amended section 110(a)(2). The SIP

contains enforceable emission limitations; requires monitoring,

compiling, and analyzing ambient air quality data; requires

preconstruction review of new major stationary sources and major

modifications to existing ones; provides for adequate funding, staff,

and associated resources necessary to implement its requirements; and

requires stationary source emissions monitoring and reporting.

(3) Part D Requirements

Before the New Orleans CMSA can be redesignated to attainment, the

Louisiana SIP must have fulfilled the applicable requirements of part D

of the CAA. Under part D, an area's classification indicates the

requirements to which it will be subject. Subpart 1 of part D sets

forth the basic nonattainment requirements applicable to all

nonattainment areas, classified as well as nonclassifiable. Subpart 2

of part D establishes additional requirements for nonattainment areas

classified under table 1 of section 181(a)(1). Since the New Orleans

CMSA is considered nonclassifiable, the State is only required to meet

the applicable requirements of subpart 1 of part D--specifically

sections 172(c) and 176. As long as EPA did not determine that any of

the pertinent section 172(c) requirements were applicable prior to the

submission of these redesignation requests in 1993, none of these

requirements are applicable for purposes of this redesignation action.

Section 176(c) of the CAA requires States to revise their SIP's to

establish criteria and procedures to ensure that Federal actions,

before they are taken, conform to the air quality planning goals in the

applicable State SIP. The requirement to determine conformity applies

to transportation plans, programs and projects developed, funded, or

approved under title 23 U.S.C. or the Federal Transit Act

(``transportation conformity''), as well as to all other Federal

actions (``general conformity'').

Section 176 further provides that the conformity revisions to be

submitted by the States must be consistent with Federal conformity

regulations that the CAA required EPA to promulgate. Congress provided

for the State revisions to be submitted one year after the date for

promulgation of final EPA conformity regulations. When that date passed

without such promulgation, EPA's General Preamble for the

implementation of title I informed the State that its conformity

regulations would establish a submittal date (see 57 FR 13498, 13557

(April 16, 1992)). The EPA promulgated final transportation conformity

regulations on November 24, 1993 (58 FR 62118) and general conformity

regulations on November 30, 1993 (58 FR 63214). These conformity rules

require that States adopt both transportation and general conformity

provisions in the SIP for areas designated nonattainment or subject to

a maintenance plan approved under CAA section 175A.

Pursuant to 40 CFR 51.396 of the transportation conformity rule and

40 CFR 51.851 of the general conformity rule, the State of Louisiana

was required to submit a SIP revision containing transportation

conformity criteria and procedures consistent with those established in

the Federal rule by November 25, 1994. Similarly, Louisiana was

required to submit a SIP revision containing general conformity

criteria and procedures consistent with those established in the

Federal rule by December 1, 1994. Louisiana submitted both its

transportation and general conformity rules to EPA on November 10,

1994. As these requirements did not come due until after the original

submission date of this redesignation request, these conformity rule

submissions need not be approved prior to taking action on this

redesignation request.

(3) Fully Approved SIP

The EPA finds that the State of Louisiana has a fully approved SIP

for the New Orleans CMSA for the purposes of redesignating the area to

attainment for ozone.

(4) Permanent and Enforceable Measures

Under the CAA, EPA approved Louisiana's SIP control strategy for

the New Orleans CMSA, satisfied that the rules and the emission

reductions achieved as a result of those rules were enforceable.

Several Federal and Statewide rules are in place which have

significantly improved the ambient air quality in this area. Existing

Federal programs, such as the Federal Motor Vehicle Control Program and

the Reid Vapor Pressure limit of 7.8 pounds per square inch for

gasoline, will not be lifted upon redesignation. These programs will

counteract emissions growth as the area experiences economic growth

over the life of their maintenance plans.

The State adopted volatile organic compound (VOC) rules such as

oil/water separation; degreasing and solvent clean-up processes;

surface coating rules for large appliances, furniture, coils, paper,

fabric, vinyl, cans, miscellaneous metal parts and products, and

factory surface coating of flat wood paneling; solvent-using rules for

graphic arts; and miscellaneous industrial source rules such as for

cutback asphalt. The applicable reasonably available control technology

(RACT) rules will also remain in place. In addition, the State permits

program, the Prevention of Significant Deterioration permits program,

and the Federal Operating

[[Page 51357]]

Permits program will help counteract emissions growth.

The EPA finds that the combination of existing EPA-approved SIP and

Federal measures ensure the permanence and enforceability of reductions

in ambient ozone levels that have allowed the area to attain the NAAQS.

(5) Fully Approved Maintenance Plan Under Section 175A

In today's document, EPA is approving the State's maintenance plan

for the New Orleans CMSA because EPA finds that the LDEQ's submittal

meets the requirements of section 175A. Thus, the area will have a

fully approved maintenance plan in accordance with section 175A as of

the effective date of this redesignation. Section 175A of the CAA sets

forth the elements of a maintenance plan for areas seeking

redesignation from nonattainment to attainment. The plan must

demonstrate continued attainment of the applicable NAAQS for at least

ten years after the Regional Administrator approves a redesignation to

attainment. Eight years after the redesignation, the State must submit

a revised maintenance plan which demonstrates that attainment will

continue to be maintained for the ten years following the initial ten-

year period. To provide for the possibility of future NAAQS violations,

the maintenance plan must contain contingency measures, with a schedule

for implementation, adequate to assure prompt correction of any air

quality problems. Each of the section 175A plan requirements is

discussed below.

Demonstration of Maintenance

The requirements for an area to redesignate to attainment are

discussed in the memorandum entitled ``Procedures for Processing

Requests to Redesignate Areas to Attainment,'' John Calcagni, Director,

Air Quality Management Division, September 4, 1992 (Calcagni memo). One

aspect of a complete maintenance demonstration discussed in the

Calcagni memo is the requirement to develop an emissions inventory from

one of the three years during which the area has demonstrated

attainment. This inventory should include VOC's, oxides of nitrogen

(NOx), and CO emissions from the area in tons per day measurements.

Attainment Inventory

The LDEQ adopted a comprehensive inventory of VOC, NOX, and CO

emissions from area, stationary, and mobile sources using 1990 as the

base year to demonstrate maintenance of the ozone NAAQS. EPA has

determined that 1990 is an appropriate year on which to base attainment

level emissions because EPA policy allows States to select any one of

the three years in the attainment period as the attainment year

inventory. The State's submittal contains the detailed inventory data

and summary by source category.

The LDEQ provided the stationary source estimates for each company

meeting the emissions criteria by requiring the submission of complete

emissions inventory questionnaires which had been designed to obtain

site-specific data. The LDEQ generated area source emissions for each

source category based on EPA's ``Procedures for the Preparation of

Emissions Inventories for Precursors of Carbon Monoxide and Ozone,

Volume I'', and the EPA document entitled ``Compilation of Air

Pollutant Emission Factors''. The nonroad mobile source inventory was

developed using methodology recommended in EPA's ``Procedures for

Emission Inventory Preparation. Volume IV: Mobile Sources''. Additional

data were provided with reference to an EPA-sponsored study entitled

``Nonroad Engine Emission Inventories for CO and Ozone Nonattainment

Boundaries.'' Onroad emissions of VOC, NX, and CO were calculated

on a county-wide basis using EPA's MOBILE5a computer model. Growth

projections were derived from the United States Department of Commerce,

Bureau of Economic Analysis statistics. These projections represent

growth for Louisiana for each emission source category.

The following table is a summary of the revised average peak ozone

season weekday VOC and NOX emissions for the major anthropogenic

source categories for the 1990 attainment year inventory.

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Tons per day

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1990 1995 2000 2005

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Jefferson Parish

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Point Source CO......................................... 4.64 4.79 4.97 5.04

Point Source VOC........................................ 6.28 6.41 6.54 6.62

Point Source NOX........................................ 55.12 57.74 60.63 62.07

Area Source CO.......................................... 2.78 2.85 2.84 2.85

Area Source VOC......................................... 25.85 26.41 26.33 26.42

Area Source NOX......................................... 1.75 1.79 1.78 1.79

Nonroad Source CO....................................... 118.08 120.60 120.27 120.67

Nonroad Source VOC...................................... 13.58 13.87 13.83 13.88

Nonroad Source NOX...................................... 13.63 13.92 13.88 13.93

Onroad Source CO........................................ 255.87 179.03 147.19 132.46

Onroad Source VOC....................................... 31.47 21.34 18.08 16.14

Onroad Source NOX....................................... 27.90 24.61 21.53 19.35

Total CO................................................ 381.37 307.26 275.26 258.45

Total VOC............................................... 77.18 68.02 64.78 63.05

Total NOX............................................... 98.41 98.06 97.82 97.14

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Orleans Parish

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Point Source CO......................................... 2.04 2.10 2.18 2.21

Point Source VOC........................................ .47 .47 .48 .47

Point Source NOX........................................ 22.30 23.32 24.38 24.89

Area Source CO.......................................... 3.24 3.11 3.27 3.30

Area Source VOC......................................... 23.21 22.25 23.42 23.67

Area Source NOX......................................... 1.38 1.32 1.39 1.40

Nonroad Source CO....................................... 130.89 125.53 132.11 133.48

[[Page 51358]]

Nonroad Source VOC...................................... 15.05 14.43 15.19 15.35

Nonroad Source NOX...................................... 15.05 14.43 15.19 15.35

Onroad Source CO........................................ 262.15 192.22 157.38 139.77

Onroad Source VOC....................................... 32.16 22.90 19.50 17.29

Onroad Source NOX....................................... 30.01 27.65 24.08 21.44

Total CO................................................ 398.32 322.96 294.94 278.75

Total VOC............................................... 70.89 60.06 58.59 56.78

Total NOX............................................... 68.79 66.72 65.04 63.08

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St. Bernard Parish

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Point Source CO......................................... 53.80 53.76 54.28 53.21

Point Source VOC........................................ 16.35 16.32 16.47 16.16

Point Source NOX........................................ 29.44 29.44 29.79 29.46

Area Source CO.......................................... .73 .78 .76 .75

Area Source VOC......................................... 3.43 3.59 3.52 3.49

Area Source NOX......................................... .27 .29 .28 .28

Nonroad Source CO....................................... 17.55 18.41 18.00 17.88

Nonroad Source VOC...................................... 2.02 2.12 2.07 2.06

Nonroad Source NOX...................................... 2.02 2.12 2.08 2.06

Onroad Source CO........................................ 30.18 21.04 17.37 16.04

Onroad Source VOC....................................... 3.69 2.50 2.08 1.88

Onroad Source NOX....................................... 2.82 2.45 2.16 1.99

Total CO................................................ 102.26 93.99 90.41 87.88

Total VOC............................................... 25.49 24.53 24.15 23.59

Total NOX............................................... 34.56 34.30 34.31 33.79

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St. Charles Parish

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Point Source CO......................................... 10.68 10.79 11.01 10.98

Point Source VOC........................................ 30.44 30.19 30.23 29.73

Point Source NOX........................................ 118.05 120.85 124.57 125.41

Area Source CO.......................................... .29 .31 .30 .75

Area Source VOC......................................... 2.14 2.29 2.23 2.21

Area Source NOX......................................... .15 .16 .16 .16

Nonroad Source CO....................................... 11.18 11.95 11.64 11.57

Nonroad Source VOC...................................... 1.28 1.38 1.34 1.33

Nonroad Source NOX...................................... 1.29 1.38 1.34 1.33

Onroad Source CO........................................ 46.85 35.80 29.56 26.60

Onroad Source VOC....................................... 5.42 3.99 3.55 3.35

Onroad Source NOX....................................... 7.75 7.08 6.49 6.22

Total CO................................................ 69.00 59 52.51 51.42

Total VOC............................................... 39.28 37.84 37.53 36.63

Total NOX............................................... 127.24 129.47 131.55 133.11

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It should be noted that although the NOX projections for St.

Charles Parish increase by 2,143 tons per year in 2005, the overall

four parish NOX inventory decreases by 682 tons per year overall.

The attainment inventories submitted by the LDEQ for Jefferson,

Orleans, St. Bernard, and St. Charles Parishes meet the redesignation

requirements as discussed in the Calcagni memo. Therefore, the EPA is

today approving the emissions inventory component of the maintenance

plan for these parishes.

Continued Attainment

Continued attainment of the ozone NAAQS in the New Orleans CMSA

will depend, in part, on the Federal and State control measures

discussed previously. However, the ambient air monitoring sites will

remain active at their present locations during the maintenance period.

These data will be quality assured and submitted to the Aerometric

Information and Retrieval System (AIRS) on a monthly basis. Certain

monitored ozone levels will provide the basis for triggering measures

contained in the contingency plans. Additionally, as discussed above,

during year 8 of the maintenance period, the LDEQ is required to submit

a revised plan to provide for maintenance of the ozone standard in

these parishes for the next ten years.

Contingency Plan

Section 175A of the CAA requires that a maintenance plan include

contingency provisions, as necessary, to promptly correct any violation

of the NAAQS that occurs after redesignation of the area to attainment.

The contingency plan should clearly identify the measures to be

adopted, a schedule and procedure for adoption and implementation, and

a specific time limit for action by the State. The State should also

identify specific triggers which will be used to determine when the

measures need to be implemented.

The LDEQ has selected VOC offsets and new Control Techniques

Guidelines (CTG) or Alternative Control Technology (ACT) rule

implementation as its contingency measures. At any time during the

maintenance period, if any one of the four parishes included in the

maintenance area record a second exceedance of the ozone NAAQS within

any consecutive three-year period (a level below the NAAQS), the LDEQ

will promulgate a rule change to implement VOC offsets in that parish.

This rule will be submitted to EPA within 9 months of the second

exceedance. Implementation

[[Page 51359]]

will occur if a third exceedance of the ozone standard is recorded

during any consecutive 3 year period.

Should any parish experience a third exceedance of the ozone

standard during any consecutive 3 year period, the LDEQ will promulgate

a rule revision to place new CTG and ACT VOC rules (where applicable)

in that parish. These rules will be submitted to the EPA within 9

months of the third exceedance. Implementation will occur if a

violation of the ozone standard is recorded during any consecutive 3

year period. These contingency measures and schedules for

implementation satisfy the requirements of section 175A(d).

Final Action

The EPA has evaluated the State's redesignation request for the New

Orleans CMSA for consistency with the CAA, EPA regulations, and EPA

policy. The EPA believes that the redesignation request and monitoring

data demonstrate that this area has attained the ozone standard. In

addition, the EPA has determined that the redesignation request meets

the requirements and policy set forth in the General Preamble and

policy memorandum discussed in this notice for area redesignations, and

today is approving Louisiana's redesignation request for the New

Orleans CMSA.

The EPA is publishing this action without prior proposal because

the EPA views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective December 1, 1995, unless adverse or critical comments are

postmarked by November 1, 1995. If the EPA receives such comments, this

action will be withdrawn before the effective date by publishing a

subsequent document that will withdraw the final action. All public

comments received will then be addressed in a subsequent final rule

based 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 such comments are received on this action, the public is advised

that this action will be effective December 1, 1995.

The EPA has reviewed this redesignation request for conformance

with the provisions of the CAA and has determined that this action

conforms to those 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, under 5 U.S.C. 605(b), the EPA may certify that the rule

will not have a significant impact on a substantial number of small

entities (see 46 FR 8709). Small entities include small businesses,

small not-for-profit enterprises, and governmental entities with

jurisdiction over populations of less than 50,000.

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 December 1, 1995. Filing a petition for

reconsideration of this final rule by the Administrator does not affect

the finality of this rule for purposes of judicial review; nor does it

extend the time within which a petition for judicial review may be

filed, or postpone the effectiveness of this rule. This action may not

be challenged later in proceedings to enforce its requirements (see

section 307(b)(2)).

Nothing in this action shall be construed as permitting, allowing,

or establishing a precedent for any future request for a revision to

any SIP. Each request for revision to the SIP shall be considered

separately in light of specific technical, economic, and environmental

factors and in relation to relevant statutory and regulatory

requirements.

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 small entities. 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 EPA from

basing 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). The Office of Management and Budget has exempted this

action from review under Executive Order 12866.

Unfunded Mandates

Under sections 202, 203, and 205 of the Unfunded Mandates Reform

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

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

Through submission of this SIP or plan revision approved in this

action, the State and any affected local or tribal governments have

elected to adopt the program provided for under section 175A of the

Clean Air Act. The rules and commitments approved in this action may

bind State, local and tribal governments to perform certain actions and

also require the private sector to perform certain duties. To the

extent that the rules and commitments being approved by this action

will impose or lead to the imposition of any mandate upon the State,

local, or tribal governments, either as the owner or operator of a

source or as a regulator, or would impose or lead to the imposition of

any mandate upon the private sector, EPA's action will impose no new

requirements; such sources are already subject to these requirements

under State law. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

Therefore, EPA has determined that this final action does not include a

mandate that may result in estimated costs of $100 million or more to

State, local, or tribal governments in the aggregate or to the private

sector.

Table 3 SIP Actions Exempt From OMB Review

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

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

July 10, 1995, memorandum from Mary Nichols, Assistant Administrator

for Air and Radiation. The Office of Management and Budget has exempted

this regulatory action from Executive Order 12866 review.

List of Subjects in 40 CFR Parts 52 and 81

Environmental protection, Air pollution control, Area designations,

Hydrocarbons, Incorporation by reference, Intergovernmental

regulations, National Parks, Reporting and recordkeeping, Ozone,

Volatile organic compounds, Wilderness areas.

Dated: September 22, 1995.

Allyn M. Davis,

Acting Regional Administrator (6RA).

40 CFR Parts 52 and 81 are amended as follows:

[[Page 51360]]

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 52.975 is amended by adding paragraph (c) to read as

follows:

Sec. 52.975 Redesignations and maintenance plans: Ozone.

* * * * *

(c) Approval--The Louisiana Department of Environmental Quality

(LDEQ) submitted a redesignation request and maintenance plan for the

New Orleans CMSA on April 23, 1993. The EPA deemed this request

complete on September 10, 1993. Several approvability issues existed,

however. The LDEQ addressed these approvability issues in a

supplemental ozone redesignation request and revised maintenance plan.

This supplemental submittal was received on October 14, 1994. The

redesignation request and maintenance plans meet the redesignation

requirements in section 107(d)(3)(E) of the Act as amended in 1990. The

redesignation meets the Federal requirements of section 182(a)(1) of

the Clean Air Act as a revision to the Louisiana ozone State

Implementation Plan for Jefferson, Orleans, St. Bernard, and St.

Charles Parishes. The EPA therefore approved the request for

redesignation to attainment with respect to ozone for Jefferson,

Orleans, St. Bernard, and St. Charles Parishes on December 1, 1995.

PART 81--[AMENDED]

1. The authority citation for part 81 continues to read as follows:

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

2. In Sec. 81.319, the ozone table is amended by revising the

entries for Jefferson, Orleans, St. Bernard, and St. Charles Parishes

to read as follows:

Sec. 81.319 Louisiana.

* * * * *

Louisiana--Ozone

----------------------------------------------------------------------------------------------------------------

Designation Classification

Designated area -----------------------------------------------------------------------------------------------

Date Type Date\1\ Type

----------------------------------------------------------------------------------------------------------------

* * * * * *

Jefferson Parish December 1, 1995......... Attainment.

Orleans Parish.. December 1, 1995......... Attainment.

St. Bernard December 1, 1995......... Attainment.

Parish.

St. Charles December 1, 1995......... Attainment.

Parish.

* * * * * *

*

----------------------------------------------------------------------------------------------------------------

\1\ This date is November 15, 1990, unless otherwise noted.

* * * * *

[FR Doc. 95-24413 Filed 9-29-95; 8:45 am]

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