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Read Federal Register Notice.
Environmental Protection Agency, Region 6 1445 Ross Avenue, Suite 700, Dallas Texas 75202-2733 Ref: Public comments pursuant to "Clean Air Act Reclassification and Notice of Potential Eligibility for Extension of Attainment Date, Louisiana; Baton Rouge Ozone Nonattainment Area". Dear Mr. Diggs, These comments are submitted on behalf of the Louisiana Environmental Action Network. The issue of reclassification for the Baton Rouge ozone nonattainment area should have been decided in 1999 in accordance with the Clean Air Act (CAA). The EPA's failure to enforce these federal laws has harmed the health and well being of Louisiana's citizens. We urge the EPA to do the right thing and move the Baton Rouge nonattainment area to the Severe category as required by the CAA. The Federal Register notice doesn't go this far, but does state that the EPA will finalize the failure to attain "if Louisiana fails to meet the requirements of the extension policy by August 31, 2001" (See Section XVI). Louisiana has admitted that it will in fact fail to meet this deadline and we insist that the EPA find a failure to attain when the deadline is past. If the EPA allows Louisiana to have yet another extension it will push the decision date well into 2002. The decision date will then be closer to May 2005 than the legally required deadline of May 1999. This situation would be unacceptable, illogical and illegal. LEAN further wants to express its opinion that the transport extension proposed by this Federal Register notice is not allowed under the Clean Air Act. All extensions and transport issues are written into the CAA as a coherent, well crafted set of laws. The EPA's attempt to extend the CAA by interpretation has no merit. Specifically, we maintain that the extensions allowed in the "Guidance on Extension of Attainment Dates for Downwind Transport Areas" (hereinafter referred to as the extension policy) are not in accordance with the CAA and that only those transport issues specifically stated in the CAA are allowable. Comments on the EPA's Extension Policy. Though we dismiss the EPA's ability to allow an extension under the extension policy, we will still comment on the documents application to Louisiana. 1. The Houston area does not "significantly contribute" to nonattainment in the Baton Rouge area, as required under the Solution section of the Extension policy. See section; The Solution, item (1). 2. The ability of the Baton Rouge area to attain is not "affected by transport from an upwind area to a degree that affects the area’s ability to attain.", which is also required in item (1). 3. The state has not "adopted all applicable local measures required under the area’s current classification", which is required in the Extension policy's Solution section, item (2). Specifically, the contingency measures required in the State Implementation Plan have not been implemented even though they have been triggered. Under the requirements of the extension policy this alone should prohibit Louisiana from obtaining a transport extension. 4. Louisiana has not applied for a transport extension nor submitted the documentation needed to meet the requirements of the Extension policy. It is now two years past our attainment date and the EPA is contemplating allowing an application for a transport extension at this late date. We contend that any application for an extension should be denied on the failure of the state to submit a timely application for an extension and for failure to meet the requirements of the Extension policy in a timely fashion. Again, it is over two years past the attainment date and the state hasn't applied for a transport extension nor made the necessary submittals under the Extension policy. The CAA gives the administrator six months to determine whether or not Baton Rouge made attainment. This six month period should be enough time for the state to make an application for an extension under the Extension policy and to submit the information and materials required by the Extension policy. Louisiana is not going to meet it's August 31, 2001 commitment. Further delaying this process by allowing the state even more time is a de-facto extension itself. This was never intended in the CAA, isn't allowed in the CAA and shouldn't be allowed or tolerated by the EPA. Iit is our position that the Baton Rouge ozone nonattainment area must be bumped-up to the Severe category now, with no further delays. This is the requirement of the CAA and must be implemented. Further delays are not consistent with the CAA and are not in the best interest of the state of Louisiana, its citizens or its industries. Other comments. 5. The design value for the Baton Rouge nonattainment area is currently 135 ppb. For Houston to have any impact on our ability to reach attainment, the transport contribution from Houston would have to be 11 ppb. Current modeling shows contributions from Houston to be 2 ppb at most. This makes it scientifically unfeasible for transport from Houston to be a factor in keeping Baton Rouge from making attainment. Therefore, transport from Houston will never have a large enough impact to "significantly contribute" to nonattainment in Baton Rouge as required by the Extension policy, or to have Baton Rouge "affected by transport from an upwind area to a degree that affects the area’s ability to attain", as also required in the Extension policy. 6. Comments on item 4(b) in Section XI, regarding the statement, "EPA expects to propose further action and/ or rulemaking to address Louisiana's contingency measures plan before taking further action on this notice." There has been limited action and no rulemaking on the contingency issue. Therefore, all attempts to promote or allow an extension should be stopped. The Baton Rouge nonattainment area should be taken to the Severe category and the law should be followed as written. 7. The local task force referred to in Section XII is named the "Ozone Task Force". This task force has had no public meetings on the subject of "a submittal that meets the requirements of the extension policy". The task force has been primarily involved with the attainment demonstration portion of the upcoming SIP. Again, this task force has had no public meetings involving the extension policy as stated in this Federal Rigister notice. Sincerely, Marylee Orr Executive Director Louisiana Environmental Action Network
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