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

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 (NOX), and carbon monoxide (CO).

The inventory is to address actual VOC, NOX, 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).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.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.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.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 O3/CO SIP Emission Inventory

Level III Acceptance Criteria'', October 7, 1992,5 and revised in

a memorandum from John Seitz to the Regional Air Directors dated June

24, 1993.6

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.

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]

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