CCLME.ORG - 40 CFR PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

(continued)
Maintenance
Parameters.
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Subchapter E.................. Administrative and
Audit Procedures.
Section 833................... Investigations; Dec. 2001, LR 09/26/02, 67 FR
Administrative 27:2260 60594
Actions;
Sanctions.
Section 835................... Declaratory Orders Dec. 1999, LR 09/26/02, 67 FR .................
and Rulings. 25:2442 60594
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(d) EPA-approved State source-specific requirements.

EPA-Approved Louisiana Source-Specific Requirements
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State
approval/
Name of source Permit number effective EPA approval date Comments
date
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Lead SIP for Ethyl Corp. in Baton Compliance order. 01/27/89 06/27/89, 54 FR 27002 Amended Compliance
Rouge. order dated 01/31/86.
Modeling 05/27/88.
State letter 01/27/89.
Ref 52.999(c)(51)
Vulcan Materials Company Facility 1829T(M-2)....... 07/28/89 10/10/89, 54 FR 41444 Revision of Bubble
in Geiser, Ascension Parish. Permit. Issued 03/24/
83, amended 07/28/89.
Ref 52.999(c)(52)
American Cyanamid Company Fortier 1896(M-2)........ 07/20/89 11/27/89, 54 FR 48743 Revision of Bubble
Plant in Westwego, Jefferson Permit. Issued 10/17/
Parish. 84, amended 07/20/89.
Ref 52.999(c)(53)
Vista Chemical Company Facility in 1828(M-2)........ 09/25/86 02/02/90, 55 FR 03598 Bubble Permit.
Westlake, Louisiana. Submitted by Governor
on 11/22/83, amended
09/25/86. Ref
52.999(c)(54)
Union Carbide Facility in 1836T(M-1)....... 05/05/90 07/18/90, 55 FR 29205 Revision of Bubble
Hahnville, Louisiana. Permit. Submitted by
Governor on 10/19/83,
amended 04/23/87,
revised 05/05/90. Ref
52.999(c)(55)
Dow Chemical Facility in 1838T(M-2)....... 10/16/91 10/04/94, 59 FR 50500 Revision of Bubble
Plaquemine, Iberville Parish. Permit. Issued 7/28/
83, amended 10/16/91.
Ref 52.999(c)(62)
Exxon Compliance Date Extension, N/A.............. 09/12/97 05/11/98, 63 FR 25773 Extension of compliance
Baton Rouge Refinery. date to LAC 33:III,
2103.D.4 Ref
52.999(c)(79).
Borden Chemicals and Plastics in Reasonable 10/24/96 07/02/99, 64 FR 35939 Submitted as part of
Baton Rouge. Further Progress the Baton Rouge, LA
Agreed To Order. Post-1996 ROP Plan
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(e) EPA approved nonregulatory provisions and quasi-regulatory measures.

EPA Approved Louisiana Statutes in the Louisiana SIP
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State
approval/
State citation Title/subject effective EPA approval date Comments
date
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LA. R.S. of 1950. Title 40, Chapter 12. The Louisiana Air Control Law, Part 1, Louisiana Air Control Commission
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40:2201.............. Citation.................... Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
40:2202.............. Definition.................. Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
40:2203.............. Commission created; Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
domicile; membership;
tenure; meetings.
40:2204.............. Powers and Duties of Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
Commission.
40:2205.............. Powers and Duties of Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
Technical Secretary.
40:2206.............. Approval of rules and Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
regulations; public
hearings; difference.
40:2207.............. Validity of rules or Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
regulations; declaratory
judgement.
40:2208.............. Investigations; complaints; Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
hearings; recommendations.
40:2209.............. Procedure at hearings....... Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
40:1077.............. Secret processes or methods 01/01/80 06/09/82, 47 FR 25013 Ref 52.999(c)(39)
as confidential. Old section name 2210
40:2211.............. Variances................... Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
40:2212.............. Failure to act on petition Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
for variance.
40:2213.............. Judicial review............. Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
40:2214.............. Injunction; penalties for Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
violations of orders of the
commission.
40:2215.............. Actions inuring to benefit Apr. 1979 02/14/80 45 FR 09909 Ref 52.999(c)(15)
the state.
40:2216.............. Act as exclusive means of Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
control; nuisances.
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LA. R.S. of 1992. Title 30 and 36, Subtitle II. Environmental Quality, Chapter 3. Louisiana Air Control Law
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30:2060 N.6.......... Toxic air pollution emission 10/22/92 06/23/94, 59 FR 32359 Ref 52.999(c)(63)
control program.
30:2061.............. Small Business Stationary 10/22/92 06/23/94, 59 FR 32359 Ref 52.999(c)(63)
Source Technical and
Environmental Compliance
Assistance Program.
30:2062.............. Louisiana Small Business 10/22/92 06/23/94, 59 FR 32359 Ref 52.999(c)(63)
Compliance Advisory panel.
36:239(H)............ Transfer of agencies and 10/22/92 06/23/94, 59 FR 32359 Ref 52.999(c)(63).
functions to the Department
of Environmental Quality.
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EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
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State
submittal
Name of SIP provision Applicable geographic date/ EPA approval date Explanation
or nonattainment area effective
date
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Federal Hydrocarbon Standards... Region 106, SE LA-SE 03/30/73 06/22/73 38 FR 16565 Ref 52.999(c)(04)
TX AQCR.
PM Strategy..................... Region 106, SE LA-SE 01/02/73 07/19/77, 42 FR 37000 Ref 52.999(c)(06)
TX AQCR.
Air Quality Maintenance Area for Shreveport, LA........ 12/09/77 08/18/78, 43 FR 36628 Ref 52.999(c)(09)
PM.
Air Quality Surveillance Network New Orleans, LA....... 04/03/78 01/29/79, 44 FR 05601 Ref 52.999(c)(10)
Change of sampling
site location
Louisiana Ozone SIP............. Nonattainment areas, 04/30/79 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
AQCR 022 and 106. Part D requirement
Evidence of Notice and Public Statewide............. 06/20/79 02/10/82, 47 FR 06017 Ref 52.999(c)(16)
Hearing.
Emission Inventory.............. Nonattainment areas... 08/28/78 02/14/80, 45 FR 09909 Ref 52.999(c)(17)
Air Quality Surveillance Network Statewide............. 01/10/80 08/06/81, 46 FR 40006 Ref 52.999(c)(20)
Final Revisions to
ambient monitoring
Lead SIP........................ Baton Rouge, LA....... 10/31/83 05/01/84, 49 FR 18485 Ref 52.999(c)(40)
NSR and Visibility Monitoring... Class I Federal Areas 10/14/85 06/10/86, 51 FR 20969 Ref 52.999(c)(44)
in LA.
Small Business Program.......... Statewide............. 10/22/92 06/23/94, 59 FR 32359 Ref 52.999(c)(63)
Redesignation Request and Pointe Coupe Parish... 12/20/95 01/06/97, 61 FR 00648 Ref 52.999(c)(70)
Maintenance Plan.
VOC RACT Negative Declarations.. Baton Rouge 12/15/95 10/30/96, 61 FR 55894 Ref 52.999(c)(72)
nonattainment area.
Redesignation Request and Calcasieu Parish...... 12/20/95 05/02/97, 62 FR 24036 Ref 52.999(c)(73).
Maintenance Plan.
Contingency Plan................ Baton Rouge, LA....... 12/28/01 09/26/02, 67 FR 60590 Substitute measure
to replace the
measure approved
on 07/02/99, 64 FR
35939
Clean Fuel Fleet Program Baton Rouge, LA....... 03/21/99 07/19/99 64 FR 38580 Substituted above
Substitution. RACT VOC emission
reductions from
storage tank rule
LAC 33:III.2103
Attainment Demonstration for the Baton Rouge, LA....... 12/31/ 10/02/02, 67 FR 61786
1-Hour Ozone NAAQS. 2001
Ozone Attainment Date Extension Baton Rouge, LA....... 12/31/ 10/02/02, 67 FR 61786
to 11/15/05. 2001
2005 Motor Vehicle Emissions Baton Rouge, LA....... 12/31/ 10/02/02, 67 FR 61786
Budgets. 2001
Enforceable Transportation Baton Rouge, LA....... 12/31/ 10/02/02, 67 FR 61786
Control Measure Appendix F. 2001
Enforceable commitment to Baton Rouge, LA....... 12/31/ 10/02/02, 67 FR 61786
perform a mid-course review and 2001
submit a SIP and revision by 05/
01/04.
Post 1996 Rate of Progress Plan Baton Rouge, LA....... 12/31/ 10/02/02, 67 FR 61786
Revisions. 2001
15% Rate of Progress Plan Baton Rouge, LA....... 12/31/ 10/02/02, 67 FR 61786
Revisions. 2001
1990 VOC Base Year Inventory Baton Rouge, LA....... 12/31/ 10/02/02, 67 FR 61786
Revisions. 2001
Reasonable Available Control Baton Rouge, LA....... 12/31/ 10/02/02, 67 FR 61786
Measure Analysis. 2001
Air Quality Improvement Plan, 8- Bossier, Caddo and 12/28/ 8/22/05, 70 FR 48880
hour ozone standard attainment Webster Parishes, LA. 2004
demonstration and associated
control measures for the
Shreveport-Bossier City EAC
area.
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[63 FR 63183, Nov. 12, 1998, as amended at 64 FR 415, Jan. 5, 1999; 64 FR 35939, July 2, 1999; 64 FR 38580, July 19, 1999; 64 FR 72938, Dec. 29, 1999; 66 FR 29493, May 31, 2001; 67 FR 41842, June 20, 2002; 67 FR 60593, 60595, Sept. 26, 2002; 67 FR 60877, 60885, Sept. 27, 2002; 67 FR 61270, Sept. 30, 2002; 67 FR 61801, Oct. 2, 2002; 70 FR 48882, Aug. 22, 2005]

§ 52.971 Classification of regions.
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The Louisiana plan was evaluated on the basis of the following classifications:

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Pollutant
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Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
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Southern Louisiana-Southeast Texas Interstate............. II I III III I
Shreveport-Texarkana-Tyler Interstate..................... II III III III III
Monroe-El Dorado Interstate............................... II III III III III
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[37 FR 10869, May 31, 1972, as amended at 45 FR 9909, Feb. 14, 1980]

§§ 52.972-52.974 [Reserved]
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§ 52.975 Redesignations and maintenance plans; ozone.
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(a) Approval. The Louisiana Department of Environmental Quality (LDEQ) submitted redesignation requests and maintenance plans for the areas of Beauregard, Lafourche, and St. Mary Parishes on June 14, 1993. Redesignation requests and maintenance plans were submitted for the areas of Grant and Lafayette on May 25, 1993. The EPA deemed these requests complete on September 10, 1993. Several approvability issues existed, however. The LDEQ addressed these approvability issues in supplemental ozone redesignation requests and revised maintenance plans. These supplemental submittals were received for the areas of Beauregard, Grant, Lafayette, Lafourche, and St. Mary Parishes on March 27, 1995, December 12, 1994, October 21, 1994, November 18, 1994, and November 23, 1994, respectively. The redesignation requests and maintenance plans meet the redesignation requirements in section 107(d)(3)(E) of the Act as amended in 1990. The redesignations meet the Federal requirements of section 182(a)(1) of the Clean Air Act as a revision to the Louisiana ozone State Implementation Plan for these areas. The EPA therefore approved the request for redesignation to attainment with respect to ozone for the areas of Beauregard, Grant, Lafayette, Lafourche, and St. Mary Parishes on October 17, 1995.

(b) Approval—The Louisiana Department of Environmental Quality (LDEQ) submitted a redesignation request and maintenance plan for St. James Parish on May 25, 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 for St. James Parish on December 15, 1994. The redesignation request and maintenance plan 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 this parish. The EPA therefore approved the request for redesignation to attainment with respect to ozone for St. James Parish on November 13, 1995.

(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 7Jefferson, Orleans, St. Bernard, and St. Charles Parishes on December 1, 1995.

(d) Approval—The Louisiana Department of Environmental Quality submitted a redesignation request and maintenance plan for Pointe Coupee Parish on December 20, 1995. The redesignation request and maintenance plan 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 Pointe Coupee Parish. The EPA therefore approved the request for redesignation to attainment with respect to ozone for Pointe Coupee Parish on December 20, 1996.

(e) Approval—The Louisiana Department of Environmental Quality submitted a redesignation request and maintenance plan for Calcasieu Parish on December 20, 1995. The redesignation request and maintenance plan meet the redesignation requirements in section 107(d)(3)(E) of the Act. The redesignation meets the Federal requirements of section 182(a)(1) of the Act as a revision to the Louisiana ozone State Implementation Plan for Calcasieu Parish. The EPA therefore approved the request for redesignation to attainment with respect to ozone for Calcasieu Parish on June 2, 1997.

(f) Approval—The Louisiana Department of Environmental Quality (LDEQ) submitted minimal maintenance plans for Lafourche Parish on November 18, 1994. The LDEQ submitted a redesignation request on August 9, 2000. The 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 Lafourche Parish.

(g) Approval—The Louisiana Department of Environmental Quality (LDEQ) submitted to the EPA a request on December 4, 2000, to revise the Louisiana SIP for Beauregard, St. Mary, Lafayette, and Grant Parishes and the New Orleans Consolidated Metropolitan Statistical Area ozone maintenance area. The revision involves changes to the approved contingency plans. The contingency measures and the schedule for implementation satisfy the requirements of section 175A(d) of the Act. The EPA therefore approved this request on June 20, 2003.

[60 FR 43025, Aug. 18, 1995, as amended at 60 FR 47285, Sept. 12, 1995; 60 FR 51360, Oct. 2, 1995; 62 FR 652, Jan. 6, 1997; 62 FR 24038, May 2, 1997; 62 FR 64286, Dec. 5, 1997; 66 FR 66321, Dec. 26, 2001; 68 FR 19375, Apr. 21, 2003]

§ 52.976 Review of new sources and modification.
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(a) Section 6.7 of Regulation 6.0 is disapproved since it could conflict with the preconstruction requirements for the prevention of significant deterioration (PSD) of air quality.

(b) Section 6.9 of Regulation 6.0 is disapproved since it could conflict with the preconstruction requirements for the prevention of significant deterioration (PSD) of air quality and the Administrator's Interpretative on Rule of December 21, 1976.

[44 FR 18491, Mar. 28, 1979, as amended at 47 FR 6017, Feb. 10, 1982]

§§ 52.977-52.985 [Reserved]
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§ 52.986 Significant deterioration of air quality.
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(a) The plan submitted by the Governor of Louisiana on August 14, 1984 (as adopted by the Secretary of Louisiana Department of Environmental Quality (LDEQ) on May 23, 1985), July 26, 1988 (as revised and adopted by the LDEQ on May 5, 1988), and October 26, 1990 (as revised and adopted by the LDEQ on July 20, 1990), LAC:33:III: §509 Prevention of Significant Deterioration (PSD) and its Supplement documents, is approved as meeting the requirements of Part C, Clean Air Act for preventing significant deterioration of air quality.

(b) The requirements of sections 160 through 165 of the Clean Air Act are not met for federally designated Indian lands since the plan (specifically LAC: 33:III:509.A.1) excludes all federally recognized Indian lands from the provisions of this regulation. Therefore, the provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable implementation plan, and are applicable to sources located on land under the control of Indian governing bodies.

[56 FR 20139, May 2, 1991, as amended at 68 FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003]

§ 52.987 Control of hydrocarbon emissions.
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(a) Notwithstanding any provisions to the contrary in the Louisiana Implementation Plan, the control measures listed in paragraphs (b) through (n) of this section shall be implemented in accordance with the schedule set forth below.

(b) Removal from service of a 10,000 barrel capacity crude oil storage tank at the Belcher Station of the Exxon Pipeline Company, Belcher, Louisiana, with a final compliance date of January 1, 1980. This shall result in an estimated hydrocarbon emission reduction of at least 208 tons per year.

(c) Removal from service of a 55,000 barrel capacity crude oil storage tank at the Weller Station of the Exxon Pipeline Company, near Minden, Louisiana, with a final compliance date of January 1, 1980. This shall result in an estimated hydrocarbon emission reduction of at least 263 tons per year.

(d) Installation of emission control systems on three 3,000 barrel capacity distillate storage tanks, at the Jones O'Brien Inc., Keatchie, Louisiana, with a final compliance date of January 1, 1978. This shall result in an estimated hydrocarbon emission reduction of at least 23 tons per year.

(e) Installation of emission control systems on crude oil storage tanks TK–43, TK–44, T–45 and T–49, and distillate tanks T–46 and T–50 at the Atlas Processing Company, Shreveport, Louisiana with a final compliance date of January 2, 1980. This shall result in an estimated hydrocarbon emission reduction of at least 881 tons per year.

(f) Installation of emission control systems on crude oil storage tanks TK–19–74, TK–HC–74, TK–571–74 and TK–15–74 and agreement to store only nonvolatile organic solvent in tanks TK–F2–74, TK–41–74 and TK–40–74 at the Cotton Valley Solvents Company, Cotton Valley, Louisiana with a final compliance date of January 2, 1980. This shall result in an estimated hydrocarbon emission reduction of at least 934 tons per year.

(g) Discontinue use of residue gas in pneumatic instrumentation and control systems at the Kerr-McGee Corporation, Devon Corporation, and Eason Oil Company, Calhoun Plant, Calhoun, Louisiana with a final compliance date of July 1, 1978. This shall result in an estimated hydrocarbon emission reduction of at least 21 tons per year.

(h) Discontinue use of residue gas in pneumatic instrumentation and control systems with a final compliance date of July 1, 1978, and install emission control systems on distillate storage tanks 2–7 and 2–13 with a final compliance date of January 2, 1980, at the Kerr-McGee Corp., Devon Corp., and Eason Oil Co., Dubach Plant, Dubach, Louisiana. This shall result in an estimated hydrocarbon reduction of at least 367 tons per year.

(i) Installation of emission control systems on a 37,500 barrel capacity crude oil storage tank at Cities Service Pipeline Company, Oil City, Louisiana with a final compliance date of February 1, 1980. This shall result in an estimated hydrocarbon emission reduction of at least 208 tons per year.

(j) Installation of emission control systems on a 25,000 barrel capacity crude oil storage tank at Cities Service Pipeline Company, Haynesville, Louisiana with a final compliance date of February 1, 1980. This shall result in an estimated hydrocarbon emission reduction of at least 28 tons per year.

(k) Installation of emission control systems on a 10,000 barrel capacity crude oil storage tank at Cities Service Pipeline Company, Summerfield, Louisiana with final compliance achieved in August 1977. This shall result in an estimated hydrocarbon emission reduction of at least 162 tons per year.

(l) Installation of emission control systems on a 30,000 barrel capacity crude oil storage tank at the Scurlock Oil Company, Lake End, Louisiana, with a final compliance date of January 15, 1980. This shall result in an estimated hydrocarbon emission reduction of at least 90 tons per year.

(m) Installation of emission control systems on a 55,000 barrel capacity crude oil storage tank at the Scurlock Oil Company, Dutchtown Oil Field near Minden, Louisiana, with a final compliance date of January 15, 1980. This shall result in an estimated hydrocarbon emission reduction of at least 186 tons per year.

(n) Installation of emission control systems on distillate storage tank No. 414 with a final compliance date of September 1, 1979, and the removal from service of tank No. 450 with final compliance achieved on December 1, 1977, at the Texas Eastern Products Pipeline Company, Sarepta, Louisiana. This shall result in an estimated hydrocarbon emission reduction of at least 355 tons per year.

[44 FR 15705, Mar. 15, 1979]

§ 52.988 [Reserved]
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§ 52.990 Stack height regulations.
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The State of Louisiana has committed to submit to EPA a SIP revision whenever a new or revised emission limitation for a specific source exceeds the height allowed by Section 921(A) “Good Engineering Practice (GEP) Stack Height 1 or 2” of the State regulations. A letter from the Secretary of Louisiana Department of Environmental Quality, dated September 23, 1986, stated that:

In specific, the State regulation, Section 17.14.2 [now LAC 33: Part III, Section 921(B)], provides that the degree of emission limitation required of any source for control of any air pollutant must not be affected by so much of any source's stack height that exceeds good engineering practice or by any other dispersion technique. In reference to this requirement, the Louisiana Department of Environmental Quality or the Administrative Authority will submit to EPA a SIP revision whenever the Louisiana Department of Environmental Quality adopts a new or revised emission limitation for a specific source that is based on a stack height that exceeds the height allowed by Section 17.14.1(e)(1) [now LAC 33: Part III, Section 921(A) “Good Engineering Practice (GEP) Stack Height 1”] or Section 17.14.1(e)(2) [now LAC 33: Part III, Section 921(A) “Good Engineering Practice (GEP) Stack Height 2”].

[53 FR 36010, Sept. 16, 1988]

§ 52.991 Small business assistance program.
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The Governor of Louisiana submitted on October 22, 1992, a plan revision to develop and implement a Small Business Stationary Source Technical and Environmental Compliance Assistance Program to meet the requirements of section 507 of the Clean Air Act by November 15, 1994. The plan commits to provide technical and compliance assistance to small businesses, hire an Ombudsman to serve as an independent advocate for small businesses, and establish a Compliance Advisory Panel to advise the program and report to EPA on the program's effectiveness.

[59 FR 32360, June 23, 1994]

§ 52.992 Area-wide nitrogen oxides exemptions.
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(a) The Louisiana Department of Environmental Quality submitted to the EPA on August 5, 1994, a petition requesting that the nonclassifiable ozone nonattainment areas in the State of Louisiana be exempted from the requirement to meet the NOX provisions of the Federal transportation conformity rule. The exemption request was based on monitoring data which demonstrated that the National Ambient Air Quality Standard for ozone had been attained in this area for the 3 years prior to the petition. The parishes for which the NOX exemption was requested include: Beauregard, Grant, Lafayette, Lafourche, Jefferson, Orleans, St. Bernard, St. Charles, St. James, and St. Mary. The EPA approved this exemption request on March 2, 1995.

(b) The LDEQ submitted to the EPA on November 17, 1994, a petition requesting that the Baton Rouge serious ozone nonattainment area be exempted from the NOX control requirements of the CAA. In addition, supplemental information was submitted to the EPA by the LDEQ on January 26, 1995, June 6, 1995, and June 16, 1995. The Baton Rouge nonattainment area consists of East Baton Rouge, West Baton Rouge, Pointe Coupee, Livingston, Iberville, and Ascension Parishes. The exemption request was based on photochemical grid modeling which shows that reductions in NOX would not contribute to attainment in the nonattainment area. On January 18, 1996, the EPA approved the State's request for an areawide exemption from the following requirements: NOX new source review, NOX reasonably available control technology, NOX general conformity, and NOX inspection and maintenance requirements.

(c) The LDEQ submitted to the EPA on July 25, 1995, a revision to the SIP, pursuant to section 182(b)(1), requesting that the Baton Rouge serious ozone nonattainment area be exempted from the transportation conformity NOX requirements of the CAA. The Baton Rouge nonattainment area consists of East Baton Rouge, West Baton Rouge, Pointe Coupee, Livingston, Iberville, and Ascension Parishes. The exemption request was based on photochemical grid modeling which shows that additional reductions in NOX would not contribute to attainment in the nonattainment area. On February 12, 1996, the EPA approved the State's request for an areawide exemption from the transportation conformity NOX requirements.

(d) The LDEQ submitted to the EPA on October 28, 1994, a petition requesting that the Lake Charles marginal ozone nonattainment area be exempted from the NOX control requirements of the Act. The Lake Charles nonattainment area consists of Calcasieu Parish. The exemption request was based on photochemical grid modeling which shows that reductions in NOX would not contribute to attainment in the nonattainment area. On May 27, 1997, the EPA approved the State's request for an area-wide exemption from the following requirements: NOX new source review, NOX general conformity, and NOX transportation conformity requirements. The waiver was granted on the basis of modeling, and ambient air quality data demonstrating the area has attained the ozone NAAQS.

(e) On September 24, 2001, and on December 31, 2001, the LDEQ requested that EPA rescind the Baton Rouge section 182(f) and 182(b)(1) NOX exemptions that were approved by EPA, and published in the Federal Register on January 26, 1996 (61 FR 2438), and February 27, 1996 (61 FR 7218). The State based its request on photochemical grid modeling recently performed for the Baton Rouge State Implementation Plan (SIP) which indicates that controlling NOX sources will assist in bringing the Baton Rouge area into attainment with the National Ambient Air Quality Standard (NAAQS) for ozone. On May 7, 2002, EPA proposed approval of the State's request to rescind both NOX exemptions. Based on our review of the State's request and the supporting photochemical grid modeling the NOX exemptions are rescinded on May 5, 2003.

[60 FR 5864, Jan. 31, 1995, as amended at 61 FR 2446, Jan. 26, 1996; 61 FR 7221, Feb. 27, 1996; 62 FR 29078, May 29, 1997; 68 FR 23604, May 5, 2003]

§ 52.993 Emissions inventories.
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(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.

(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.

(d) On December 15, 1995, the Governor of the State of Louisiana submitted a revision to the 1990 base year volatile organic compound (VOC) emissions inventory for the Baton Rouge, Louisiana ozone nonattainment area. The revised inventory was submitted as part of the revised Baton Rouge 15 Percent Rate-of-Progress Plan. This revision to the base year inventory modified the point source VOC emissions. The revisions satisfy the requirements of section 182(a)(1) of the Clean Air Act, as amended in 1990.

(e) On January 2, 1997, the Governor of the State of Louisiana submitted a revision to the 1990 base year volatile organic compound (VOC) emissions inventory for the Baton Rouge, Louisiana ozone nonattainment area. The revised inventory was submitted as part of the revised Baton Rouge Post–1996 Rate-of-Progress Plan. This revision to the base year inventory modified the point, area, non-road mobile, on-road mobile, and biogenic sources of VOC emissions. The revisions satisfy the requirements of section 182(a)(1) of the Clean Air Act, as amended in 1990.

[60 FR 13911, Mar. 15, 1995, as amended at 64 FR 35941, July 2, 1999]

§ 52.994 [Reserved]
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§ 52.995 Enhanced ambient air quality monitoring.
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(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.

[61 FR 31037, June 19, 1996]

§ 52.996 Disapprovals.
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The State of Louisiana motor vehicle Inspection and Maintenance (I/M) program SIP submittal of August 18, 1995, with later editions, is disapproved based on the failure of the State Legislature to grant legal authority to reauthorize and continuously operate the program until the program is no longer necessary. The Baton Rouge serious ozone nonattainment area is required to have an enhanced I/M program under section 182 of the Clean Air Act (the Act) as amended in 1990. This disapproval initiates the sanction process of section 179(a) of the Act.

[62 FR 61634, Nov. 19, 1997; 63 FR 4397, Jan. 29, 1998]

§ 52.999 Original identification of plan section.
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(a) This section identifies the original “The Louisiana Air Control Commission Implementation Plan” and all revisions submitted by Louisiana that were federally approved prior to July 1, 1998.

(b) The plan was officially submitted on January 28, 1972.

(c) The plan revisions listed below were submitted on the dates specified.

(1) Certification that public hearings were held on the State's implementation plan was submitted on February 28, 1972. (Non-regulatory)

(2) Response to comments by Region VI on the plan was transmitted by the Louisiana Air Control Commission on May 8, 1972. (Non-regulatory)

(3) Revisions to Louisiana Air Control Regulations 6, 8, 18, 19, 22, A22, 27, 28, control strategy for photochemical oxidants-hydrocarbons, prevention of air pollution emergency episodes, source surveillance, and procedures for submission and approval and compliance schedules were submitted by the Governor on July 17, 1972.

(4) Revisions concerning the control strategy for photochemical oxidants and hydrocarbon for Region 106 was submitted by the Governor on March 30, 1973. (Regulatory)

(5) Revision of Section 6.1 of the State air control regulations was submitted by the Governor on April 25, 1973.

(6) A revision concerning the control strategy for particulate matter for the Southern Louisiana-Southeast Texas AQCR was submitted by the Governor on January 2, 1973.

(7) Variances to Emission Limiting Regulations adopted by the Louisiana Air Control Commission on October 29, 1975, December 12, 1975, and April 6, 1976, and submitted by the Governor on April 22, 1976.

(8) Commission Orders creditable as emission offsets for the GM Plant in Shreveport were submitted by the Governor on January 25, 1978 as amendments to the Louisiana State Implementation Plan.

(9) A proposed dedesignation of the Shreveport area as an AQMA for particulate matter was submitted by the Governor on December 9, 1977.

(10) An administrative revision of the Air Quality Surveillance Network was submitted by the Louisiana Air Control Commission on April 3, 1978. (Non regulatory)

(11) Revisions to Regulation 19.0, Emission Standards for Particulate Matter, as adopted on November 30, 1977, were submitted by the Governor on December 9, 1977.

(12) Minor changes and administrative revisions to regulations 2.0, 3.0, 4.0, 5.0, 6.0, 7.0, 8.0, 9.0, 10.0, 11.0, 12.0, 13.0, 14.0, 15.0, 16.0, and 17.0 of the Louisiana SIP were submitted by the Governor on December 9, 1977.

(13) A variance to Regulation 19.5 for Kaiser Aluminum & Chemical Corporation at Norco, Louisiana was submitted by the Governor on August 31, 1978.

(14) Revisions to the Air Control Regulations 18.1, 18.3, 18.5, 18.6–18.6.2, 18.7, 20.1–20.8, 21.1–21.6.4, 23.0–23.4.2, 24.1–24.5, 24.6.2, 24.7–24.7.3, 24.8, 25.0–25.6.2, 26.0–26.2, 26.4–26.8.2, 27.0–27.5.4, 28.0–28.6.2 and 30.0, as adopted by the Louisiana Air Control Commission on November 30, 1977, were submitted by the Governor on December 9, 1977.

(15) Revisions to the plan for attainment of standards for ozone (Part D requirements) were submitted by the Governor on April 30, 1979.

(16) Evidence of notice and public hearing for the April 30, 1979 plan was submitted by the Governor on June 20, 1979.

(17) Emission inventory information, emission reduction information, a certification of the lack of major degreasing sources, and a commitment to adopt future regulations were submitted by the Louisiana Air Control Commission on August 28, 1979 (non-regulatory).

(18) Schedule for the modification and submittal of regulations 22.6 and regulation 6.3.8 were submitted by the Louisiana Air Control Commission on October 11, 1979 (non-regulatory).

(19) Regulations 22.17 and 22.18, adopted by the Louisiana Air Control Commission on September 25, 1979 were submitted by the Governor on October 18, 1979.

(20) On January 10, 1980, the Governor submitted final revisions to the ambient monitoring portion of the plan.

(21) Revised Regulation 22.8(c) was submitted by the Governor on June 20, 1979. This regulation was adopted by the Louisiana Air Control Commission on March 27, 1979.

(22) Revised Regulation 22.5 was submitted by the Governor on April 30, 1979. This regulation was adopted by the Louisiana Air Control Commission on March 27, 1979. A second revision to Regulation 22.5 was submitted by the Governor on July 7, 1979, as adopted by the Louisiana Air Control Commission on June 26, 1979.

(23) Revised Regulations 6.3.8, 22.3, 22.6.1, 22.6.2, 22.10, and 22.12.4 were submitted by the Governor on December 10, 1979. These regulations were adopted by the Louisiana Air Control Commission on November 27, 1979. A second revision to Regulation 6.3.8 was submitted by the Governor on October 23, 1980. The second revision was adopted by the Louisiana Air Control Commission on September 25, 1980.

(24) Revisions to the Air Control Regulations 24.6.1 and 24.7.4, as adopted by the Louisiana Environmental Control Commission on March 27, 1979, were submitted by the Governor on April 30, 1979.

(25) Revised Regulations 22.9.2, 22.9.3(b), 22.19, 22.20, 22.21, 22.22 and 22.23 and revised Regulation 4.0 (i.e. sections 4.99 through 4.116) were adopted by the State on November 27, 1979 and submitted by the Governor on December 10, 1979; and revised Regulations 22.3 and 22.20.2 were adopted by the State on July 22, 1980 and submitted by the Governor on September 12, 1980.

(26) Revised Regulations 22.9.3(b), 22.20.3, and 22.23.7 were adopted by the State on December 11, 1980 and submitted by the Governor on January 12, 1981; revised Regulation 22.21.2(E) was adopted by the State on April 23, 1981 and submitted by the Governor on June 3, 1981; and, revised Regulation 22.19.2(B) was adopted by the State on June 25, 1981 and submitted by the Governor on July 22, 1981.

(27) Revisions to the Air Control Regulations 6.1.1, 18.2, 18.4, 18.6.3, 19.5.1, 24.9.1, 24.9.2, 26.3.1, 26.3.2 and 51.11, as adopted by the Louisiana Environmental Control Commission on September 25, 1980, were submitted by the Governor on October 23, 1980.

(28) Revisions to the plan for permit fee systems, interstate pollution abatement, public availability of emission data, maintenance of pay, permit public comment, and public notification of exceedances of the primary national ambient air quality standards (NAAQS), were submitted by the Governor on April 30, 1979. In addition, revised submittals for permit fee schedules were submitted on July 7, 1979; September 12, 1980; October 23, 1980; and January 12, 1981. The September 12, 1980 letter also included a new §51.285 (a), (b) and (c). Finally, the State sent a notification letter on August 7, 1979, which corrected a typographical error in the maintenance of pay revision.

(29) A revision to the Air Control Regulations 22.9.3(d) as adopted by the Louisiana Air Control Commission on December 11, 1980, was submitted by the Governor on January 12, 1981.

(30) Revisions to the Air Control Regulations 8.5.1, 22.3.1.1, 22.3.1.2, and 22.10, as adopted by the Louisiana Air Control Commission on April 23, 1981, were submitted by the Governor on June 3, 1981.

(31) A revision to the Air Control Regulation 22.9.3(a), as adopted by the Louisiana Air Control Commission on May 28, 1981, was submitted by the Governor on June 3, 1981.

(32) A revision to the Air Control Regulation 22.3.2, as adopted by the Louisiana Air Control Commission on July 23, 1981, was submitted by the Governor on August 17, 1981.

(33) The Louisiana State Implementation Plan for lead and Regulations for—the Control of Air Pollution from lead, 10.0—10.3 and 19A.0, were submitted to EPA on July 27, 1979, by the Governor of Louisiana as adopted by the Louisiana Air Control Commission on July 24, 1979. Letters of Clarification dated January 6, 1982, April 1, 1982 and May 4, 1982 also were submitted. No action is taken on the Baton Rouge area.

(34) Section 6.1 of Regulation 6.0 amended and adopted by the Louisiana Environmental Control Commission on October 22, 1981, was submitted by the Governor on November 30, 1981.

(35) Revisions to the Air Control Regulations 4.102, 4.110, 22.20.2 and 22.21.2(D), as adopted by the Louisiana Environmental Control Commission on December 11, 1980, were submitted by the Governor on January 12, 1981.

(36) [Reserved]

(37) Revisions to the Air Control Regulations 4.14, 4.36, 6.6, 22.3.1.1, and 22.3.1.2, as adopted by the Louisiana Environmental Control Commission on February 26, 1981, were submitted by the Governor on March 25, 1981.

(38) Revisions to the Air Control Regulations 17.13, 23.4.1.1 and 23.4.4, as adopted by the Louisiana Environmental Control Commission on January 28, 1982, were submitted by the Governor on February 15, 1982.

(39) A revision to section 2210 of the Louisiana Air Control Law was submitted to EPA on March 10, 1982. The Section was renamed Section 1077 of the Environmental Affairs Act, by the Louisiana Legislature, and was effective January 1, 1980.

(40) The Louisiana State Implementation Plan for lead for the Baton Rouge area was submitted on July 27, 1979, with letters of clarification and revisions dated January 4, 1983, September 15, 1983, September 30, 1983. The final lead control plan was submitted in a letter dated October 31, 1983, as adopted by the Louisiana Air Control Commission on October 20, 1983.

(41) Revisions to sections 2.3, 3.1, 3.4, and 4.1 of the Rules and Regulations for the Fee System of the Air Quality Control Program, as adopted by the Louisiana Environmental Control Commission on January 26, 1983, were submitted by the Louisiana Department of Natural Resources (now the Department of Environmental Quality), Air Quality Division, on November 17, 1983.

(42) Deletion of Air Control Regulation 14.0, and deletion of hydrocarbon guideline standard from Table 1, 1a, and 2, as adopted by the Louisiana Environmental Control Commission on July 28, 1983, was submitted by the Governor on October 19, 1983.

(43) Revisions to the Air Control Regulation 22.22 as adopted by the Louisiana Environmental Control Commission on September 23, 1982, and submitted by the Governor on July 14, 1983.

(i) Incorporation by reference. (A) Regulation 22.22.1(A) and 22.22.2(A) Letter dated July 14, 1983, from the State of Louisiana and which change the reference for the test methods from a CTG document to the Louisiana Air Quality Regulations Division's Source Test Manual. These regulations were adopted on September 23, 1982.

(44) On October 4, 1985, the Governor submitted a revision entitled, “Protection of Visibility for MandatoryClass I Federal Areas,” July 12, 1985. This submittal included new source review and visibility monitoring strategy as adopted by the Secretary of the Louisiana Department of Environmental Quality in October 1985. (continued)