Approval and Promulgation of Air Quality Plans; Louisiana; Revision to the State Implementation Plan (SIP) Addressing Ozone Monitoring

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-16-1-7165a; FRL-5522-6]

Approval and Promulgation of Air Quality Plans; Louisiana;

Revision to the State Implementation Plan (SIP) Addressing Ozone

Monitoring

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving a revision to Louisiana's SIP for ozone.

This action is based upon a revision request which was submitted by the

State to satisfy the requirements of the Clean Air Act (Act), as

amended November 15, 1990, and the Photochemical Assessment Monitoring

Stations (PAMS) regulations. The PAMS regulations require the State to

provide for the establishment and maintenance of an enhanced ambient

air quality monitoring network in the form of PAMS by November 12,

1993.

DATES: This final rule is effective August 19, 1996, unless adverse

comments are received by July 19 1996. If the effective date is

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

ADDRESSES: Written comments should be addressed to Mr. Thomas H. Diggs,

Chief, Air Planning Section (6PD-L), at the EPA Regional Office listed

below. Copies of the documents relevant to this final 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.

Environmental Protection Agency, Region 6, Multimedia Planning and

Permitting Division, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-

2733, telephone (214) 665-7214.

Louisiana Department of Environmental Quality, Office of Air Quality

and Radiation Protection, H. B. Garlock Building, 7290 Bluebonnet

Blvd., Baton Rouge, Louisiana 70810.

FOR FURTHER INFORMATION CONTACT: Ms. Jeanne M. McDaniels, Air Planning

Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross

Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7254.

SUPPLEMENTARY INFORMATION:

I. Background

On September 10, 1993, the Louisiana Department of Environmental

Quality

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(LDEQ) submitted to the EPA a SIP revision incorporating PAMS into the

ambient air quality monitoring network of State or Local Air Monitoring

Stations (SLAMS) and National Air Monitoring Stations (NAMS). The State

will establish and maintain PAMS as part of its overall ambient air

quality monitoring network.

Section 182(c)(1) of the Act and the General Preamble 1

require that the EPA promulgate rules for enhanced monitoring of ozone,

oxides of nitrogen (NOX), and volatile organic compounds (VOC) no

later than 18 months after the date of the enactment of the Act. In

addition, the Act requires that, following the promulgation of the

rules relating to enhanced ambient monitoring, the State must commence

actions to adopt and implement a program, based on these rules, to

improve monitoring for ambient concentrations of ozone, NOX and

VOC and to improve monitoring of emissions of NOX and VOC.

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\1\ ``General Preamble for the Implementation of Title I of the

Clean Air Act Amendments of 1990,'' 57 FR 13515, dated April 16,

1992.

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The final PAMS rule was promulgated by the EPA on February 12, 1993

(58 FR 8452). Section 58.40(a) of the rule requires the State to submit

a PAMS network description, including a schedule for implementation, to

the Administrator within six months after promulgation or by August 12,

1993. Further, section 58.20(f) requires the State to provide for the

establishment and maintenance of a PAMS network within nine months

after promulgation of the final rule or by November 12, 1993.

On July 1, 1993, the LDEQ submitted to the EPA a proposed SIP

revision which included a PAMS network description. The LDEQ held a

public hearing on the proposed PAMS SIP revision on August 23, 1993. No

comments were received either during the public hearing or the public

comment period with the exception of one written comment submitted by

the EPA as discussed below.

On September 10, 1993, the State submitted the official PAMS SIP

revision. Louisiana's PAMS SIP revision is intended to meet the

requirements of section 182(c)(1) of the Act and effect compliance with

the PAMS regulations promulgated on February 12, 1993, and codified at

40 CFR part 58.

On September 27, 1993, the LDEQ submitted to the EPA a revised PAMS

network description including a schedule for implementation. (The EPA

conditionally approved the network description on April 21, 1994, and

granted final approval of the network description on October 13, 1995.)

It should be noted that, since network descriptions may change

annually, they are not part of the SIP as recommended by the EPA's

``Guideline for the Implementation of the Ambient Air Monitoring

Regulations 40 CFR Part 58 (November 1979).'' The network description

is negotiated and approved during an annual review as required by 40

CFR sections 58.25, 58.36, and 58.46. EPA did, however, require States

to provide a copy of the proposed PAMS network description, including

phase-in schedule, on file for public inspection during the public

notice/comment period for the PAMS SIP revision or, alternatively,

provide information to the public upon request concerning the State's

plans for implementing the rules. As stated earlier, Louisiana included

a network description and implementation schedule in the proposed PAMS

SIP revision.

On November 17, 1993, the EPA sent the Governor of Louisiana a

letter finding the September 10, 1993, PAMS SIP submittal

administratively complete.

II. Analysis of State Submittal

The Louisiana PAMS SIP revision will provide Louisiana with the

authority to establish and operate the PAMS sites, secure State funds

for PAMS and provide the EPA with the authority to enforce the

implementation of PAMS, since their implementation is required by the

Act.

The criteria used to review the proposed SIP revision are derived

from the PAMS regulations codified at 40 CFR Part 58; the EPA's

``Guideline for the Implementation of the Ambient Air Monitoring

Regulations 40 CFR part 58''; a September 2, 1993, memorandum from G.

T. Helms, Office of Air Quality Planning and Standards, entitled,

``Final Boilerplate Language for the PAMS SIP Submittal''; the Act; and

the General Preamble.

The Louisiana PAMS SIP revision provides that the State will

implement PAMS as required in 40 CFR Part 58, as amended February 12,

1993. The State will amend its SLAMS and its NAMS monitoring systems to

include the PAMS requirements. It will develop its PAMS network design

and establish monitoring sites pursuant to 40 CFR part 58 in accordance

with an approved network description and as negotiated with the EPA

through the section 105 grant process on an annual basis. To date, the

State has successfully implemented a PAMS network as required in 40 CFR

part 58.

The Louisiana PAMS SIP revision also includes a provision to meet

quality assurance requirements as contained in 40 CFR part 58, appendix

A. The State also assures that the State's PAMS monitors will meet

monitoring methodology requirements contained in 40 CFR part 58,

appendix C. Lastly, the State assures that the Louisiana PAMS network

will be phased in over a period of five years as required in 40 CFR

58.44. The State's PAMS SIP submittal and the EPA's technical support

document are available for viewing at the EPA Region 6 office and the

LDEQ's Baton Rouge office as outlined under the ADDRESSES section of

this FR document.

The State addressed, in the final PAMS SIP submittal, EPA Region

6's comment on the proposed SIP that the SIP should include a clear

statement that the LDEQ intends to implement PAMS pursuant to 40 CFR

part 58 as amended February 12, 1993.

III. Rulemaking Action

In this action, the EPA is approving the revision to the Louisiana

Ozone SIP for PAMS. The EPA has reviewed this revision to the Louisiana

SIP and is approving it as submitted because it meets the requirements

of section 182(c)(1) of the Act and the appropriate sections of 40 CFR

part 58.

Copies of the State's SIP revision and the Technical Support

Document (TSD) detailing EPA's review of the SIP revision are available

at the address listed in the ADDRESSES section above. For a detailed

analysis of the SIP revision, the reader is referred to the TSD.

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial revision 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. Thus, today's direct

final action will be effective August 19, 1996, unless by July 19,

1996, 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 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

[[Page 31037]]

received, the public is advised that this action will be effective

August 19, 1996.

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

approved SIP for conformance with the provisions of the Act as amended

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

with those requirements.

Nothing in this action should be construed as permitting, allowing

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

SIP. Each request for revision to a SIP shall be considered separately

in light of specific technical, economic, and environmental factors and

in relation to relevant statutory and regulatory requirements.

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 of final rule on small entities. Small entities include

small businesses, small not-for-profit enterprises, and government

entities with jurisdiction over populations that are less than 50,000.

The SIP revision approvals under section 110 and subchapter I, part

D, of the 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, the EPA

certifies that this proposed rule would not have a significant impact

on any small entities affected. Moreover, due to the nature of the

Federal-State relationship under the Act, preparation of a regulatory

flexibility analysis would constitute Federal inquiry into the economic

reasonableness of State actions. The Act forbids the EPA to base its

actions concerning SIP's on such grounds. Union Electric Co. v.

U.S.E.P.A., 427 U.S. 246, 256-266 (S. Ct. 1976); 42 U.S.C. section

7410(a)(2).

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 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 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.

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.

Under section 307(b)(1) of the Act, 42 U.S.C. 7607(b), petitions

for judicial review of this action must be filed in the United States

Court of Appeals for the appropriate circuit by August 19, 1996. 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 be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Nitrogen dioxide, Ozone, Volatile organic compounds.

Dated: June 10, 1996.

Allyn M. Davis,

Acting 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 52.995 is added to read as follows:

Sec. 52.995 Enhanced ambient air quality monitoring.

(a) The Governor of the State of Louisiana submitted the

photochemical assessment monitoring stations (PAMS) State

Implementation Plan (SIP) revision for the Baton Rouge ozone

nonattainment area on September 10, 1993. This SIP submittal satisfies

40 CFR 58.20(f), which requires the State to provide for the

establishment and maintenance of PAMS.

(b) The Baton Rouge ozone nonattainment area is classified as

Serious and includes Ascension, East Baton Rouge, Iberville,

Livingston, Pointe Coupee, and West Baton Rouge Parishes.

[FR Doc. 96-15589 Filed 6-18-96; 8:45 am]

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