[Federal Register Volume 66, Number 247 (Wednesday, December 26, 2001)]
[Rules and Regulations]
[Pages 66317-66321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31483]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[LA-55-1-7485a; FRL-7121-4]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; State of Louisiana; 
Redesignation of Lafourche Parish Ozone Nonattainment Area to 
Attainment for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on redesignation of 
Lafourche Parish from nonattainment to attainment for the 1-hour ozone 
National Ambient Air Quality Standard (NAAQS). This determination is 
based on three years of complete, quality-assured, ambient air 
monitoring data for the 1997 to 1999 ozone seasons that demonstrate 
that the ozone NAAQS has been attained in the area. On August 9, 2000 
the State of Louisiana submitted a request to redesignate the ozone 
nonattainment area of Lafourche Parish to attainment. 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 
will, unless adverse or critical comment is received, approve 
Louisiana's request for designation of Lafourche Parish because the 
request meets the requirements of the CAA.

DATES: This direct final rule is effective on February 25, 2002, unless 
EPA receives adverse comment by January 25, 2002. If EPA receives such 
comment, EPA will publish a timely withdrawal in the Federal Register 
informing the public that this rule will not take effect.

ADDRESSES: Written comments should be addressed to Mr. Thomas H. Diggs, 
Chief, Air Planning Section (6PD-L), at the EPA Region 6 Office listed 
below. Copies of documents relevant to this action are available for 
public inspection during normal business hours at the following 
locations. Anyone wanting to examine these documents should make an 
appointment with the appropriate office at least two working days in 
advance.
    Environmental Protection Agency, Region 6, Air Planning Section 
(6PD-L), 1445 Ross Avenue, Dallas, Texas 75202-2733.
    Louisiana Department of Environmental Quality, Air Quality 
Division, 7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810.

FOR FURTHER INFORMATION CONTACT: Thomas Diggs at (214) 665-7214.

SUPPLEMENTARY INFORMATION:
    Throughout this document wherever ``we,'' ``us,'' or ``our'' are 
used, we mean the EPA.

Table of Contents

I. What action is EPA taking?
II. What is the background for this action?
III. Why are we taking this action?
IV. What evaluation criteria was used?
V. What are the effects of this action?
VI. Why is this a ``Final Action''?
VII. What administrative requirements apply for this action?

I. What Action Is EPA Taking?

    We have determined that the Lafourche Parish ozone nonattainment 
area has attained the NAAQS for ozone. EPA has evaluated the State's 
redesignation request for consistency with the CAA, EPA regulations and 
policy. EPA believes that the redesignation request and monitoring data 
demonstrate that this area has attained the ozone standard. In 
addition, EPA has determined that the redesignation request meets the 
requirements and policy set forth in the General Preamble and policy 
memorandum discussed in this document for area designations. EPA is 
today approving Louisiana's redesignation request for Lafourche Parish.

II. What Is the Background for This Action?

    The CAA as amended in 1977 required areas that were designated

[[Page 66318]]

nonattainment based on failure to meet the ozone national ambient air 
quality standard (NAAQS) to develop State Implementation Plans (SIPs) 
with sufficient control measures to expeditiously attain and maintain 
the standard. Lafourche Parish 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).
    On November 15, 1990, the CAA Amendments of 1990 were enacted, 42 
U.S.C. 7401-7671q. The ozone nonattainment designation for Lafourche 
Parish continued by operation of law according to section 
107(d)(1)(C)(i) of the CAA, as amended in 1990 (56 FR 56694). Since the 
State had not yet collected the required three years of ambient air 
quality data in Lafourche Parish necessary to petition for 
redesignation to attainment, the area was designated as an ozone 
nonattainment area and classified as an incomplete data area.
    On November 18, 1994, the Louisiana Department of Environmental 
Quality (LDEQ) requested redesignation of Lafourche Parish to 
attainment of the NAAQS for ozone. The request was accompanied by 
ambient air monitoring data that showed no violations of the NAAQS 
standard of 0.12 parts per million (ppm) for a period of three years 
and a maintenance SIP for ozone. EPA approved the request for 
redesignation to attainment and maintenance SIP on August 18, 1995 (60 
FR 43020), by issuing a direct final rule. However, before the 
redesignation was final, an ozone NAAQS violation was recorded at a 
Lafourche Parish ozone monitoring station. On December 5, 1997, EPA 
corrected the designation for Lafourche Parish to nonattainment for 
ozone (62 FR 64284) but left the maintenance SIP approved August 18, 
1995, in place.
    On August 9, 2000, LDEQ again requested redesignation of the ozone 
attainment status for Lafourche Parish, by submitting to EPA data for 
the period of January 1, 1997 through December 31, 1999, indicating the 
NAAQS standard for ozone had been achieved. EPA has also evaluated the 
ozone data for the years 2000 and 2001. No violations or the 0.12 ppm 
ozone standard occured in these additional years. The data satisfies 
the CAA requirements of no more than one exceedance per annual 
monitoring period. There have been no monitored ozone exceedances for 
Lafourche Parish since 1996. Under the 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.

III. Why Are We Taking This Action?

    We are making a determination that the area has attained the 1-hour 
ozone standard and has continued to be in attainment. EPA bases this 
determination upon three years of complete, quality-assured ambient air 
monitoring data for the 1997-1999 ozone seasons that demonstrate that 
the ozone NAAQS has been attained in the Lafourche Parish area. EPA 
also determined that the area has continued to attain the standard, 
based on the most recent three years of data.
    The 1990 Amendments revised section 107(d)(3)(E) to provide six 
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, (3)the area must meet all applicable 
requirements under part D of the CAA; (4) the area must have a fully 
approved SIP under section 110(k) of the CAA; (5) the air quality 
improvement must be permanent and enforceable; and, (6) 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.

IV. What Evaluation Criteria Was Used?

    The redesignation request meets the criteria as follows:

A. 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 
calculate 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 the 
redesignation request. The data come from the State and Local Air 
Monitoring Station network. The requests are based on ambient air ozone 
monitoring data collected for 3 consecutive years from January 1, 1997, 
through December 31, 1999. The data clearly show an exceedance rate of 
less than one for all these areas.
    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 these areas in accordance with 40 
CFR part 58.
    In summary, EPA believes that the data submitted by the LDEQ 
provides an adequate demonstration that Lafourche Parish attained the 
ozone NAAQS. Moreover, the monitoring data continue to show attainment 
to date. If the monitoring data record a 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. Please see the TSD for a detailed 
discussion of the monitoring data.

B. 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 August 9, 2000. 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

[[Page 66319]]

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. These documents are available at the 
address above.
    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.

C. Part D Requirements

    Before Lafourche Parish 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).
    Section 176(c) of the CAA requires States to revise their SIPs 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. 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 51.390 (transportation conformity) and 40 CFR 
51.851 (general conformity), 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. These were approved on 
December 29, 1999 (64FR72934) and March 9, 1998 (63FR11372) 
respectively.
    The EPA published additional guidance on maintenance plans and 
their applicability to conformity issues in a memorandum entitled 
``Limited Maintenance Plan Option for Nonclassifiable Ozone 
Nonattainment Areas,'' (hereinafter ``limited maintenance plan memo'') 
from Sally L. Shaver, Director, Air Quality Strategies & Standards 
Division, on November 16, 1994. This limited maintenance plan memo 
discusses maintenance requirements for certain areas petitioning for 
redesignation to attainment. Nonclassifiable ozone nonattainment areas 
with design values less than 85% of the exceedance level of the ozone 
standard are no longer required to project emissions over the 
maintenance period. Lafourche Parish has a design value less than 85% 
of the exceedance value of the ozone standard.
    The Federal transportation conformity rule (58 FR 62188) and the 
Federal general conformity rule (58 FR 63214) apply to areas operating 
under maintenance plans. Under either rule, one means by which a 
maintenance area can demonstrate conformity for Federal projects is to 
indicate that expected emissions from planned actions are consistent 
with the emissions budget for the area. Based on guidance discussed in 
the limited maintenance plan memo, emissions inventories in areas that 
qualify for the limited maintenance plan approach are not required to 
be projected over the life of the maintenance plan. EPA feels it is 
unreasonable to expect that such an area as the Lafourch Parish will 
experience so much growth in that period that a violation of the NAAQS 
would occur. Emissions budgets in limited maintenance plan areas would 
be treated as essentially not constraining emissions growth, and would 
not need to be capped for the maintenance period. In these cases, 
Federal projects subject to conformity determinations could be 
considered to satisfy the ``budget test'' of the Federal conformity 
rules.

D. Fully Approved SIP

    The State of Louisiana has a fully approved SIP for the Lafourche 
Parish.

E. Permanent and Enforceable Measures

    Under the CAA, EPA approved Louisiana's SIP control strategy for 
the Lafourche Parish, 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 these areas. Existing 
Federal programs, such as the Federal Motor Vehicle Control Program and 
the Reid Vapor Pressure (RVP) limit of 7.8 pounds per square inch for 
gasoline, will not be lifted upon redesignation. These programs will 
counteract emissions growth as the areas experience economic growth 
over the life of their maintenance plans.
    The State adopted VOC reduction 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 Lafourche Parish. In addition, the State 
permits program, the PSD permits program, and the Operating 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.

F. Fully Approved Maintenance Plan Under Section 175A

    EPA has approved the State's minimal maintenance plan for the 
Lafourche

[[Page 66320]]

Parish (see 60 FR 43020, August 18, 1995). Thus, the Parish has a fully 
approved maintenance plan in accordance with section 175A of the CAA, 
which 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 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 contains contingency measures, with a schedule for 
implementation, adequate to assure prompt correction of any air quality 
problems.

V. What Are the Effects of This Action?

    This action determines that Lafourche Parish has attained the 1-
hour ozone standard. This redesignation changes the official 
designation for Lafourche Parish from nonattainment to attainment for 
the 1-hour ozone standard. It also retains the plan for maintaining the 
1-hour standard for 10 years. These plans include contingency measures 
to correct any future violations of the 1-hour ozone standard.

VI. Why Is This a ``Final Action'?

    The EPA has evaluated the State of Louisiana's redesignation 
request for Lafourche Parish for consistency with the CAA, EPA 
regulations and policy. The EPA believes that the redesignation request 
and monitoring data demonstrate that this area has attained the ozone 
standard.
    The EPA is taking direct final action on redesignation of Lafourche 
Parish from nonattainment to attainment for the 1-hour ozone National 
Ambient Air Quality Standard (NAAQS). EPA is publishing this rule 
without prior proposal because we view this as a noncontroversial 
amendment and anticipate no adverse comments. This action will be 
effective February 25, 2002. If EPA receives adverse comments, we will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. We will then address all 
adverse public comments in a subsequent final rule based on the 
proposed rule. We will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time.

VII. What Administrative Requirements Apply for This Action?

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 25, 2002. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental regulations, Reporting and recordkeeping, Ozone, 
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.


[[Page 66321]]


    Dated: December 10, 2001.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

    Parts 52 and 81, title 40 of the Code of Federal Regulations are 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart T--Louisiana

    2. Section 52.975 is amended by revising paragraph (f) to read as 
follows:


Sec. 52.975  Redesignations and maintenance plans; ozone.

* * * * *
    (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.

PART 81--[AMENDED]

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

    Authority: 42 U.S.C. 7401 et seq.

    2. In Sec. 81.319, the table entitled ``Louisiana--Ozone (1-Hour 
Standard)'' is amended by revising the entry for Lafourche Parish to 
read as follows:


Sec. 81.319  Louisiana.

* * * * *

                                                           Louisiana--Ozone (1-Hour Standard)
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                                                                Designation                                           Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \1\                      Type
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                   *                  *                  *                  *                  *                  *                  *
Lafourche Parish........................      2/25/02  Attainment...............................
 
                  *                  *                  *                  *                  *                  *                  *
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\1\ This date is October 18, 2000, unless otherwise noted.

[FR Doc. 01-31483 Filed 12-21-01; 8:45 am]
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