[Federal Register Volume 67, Number 175 (Tuesday, September 10, 2002)]
[Rules and Regulations]
[Pages 57332-57337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22983]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 58 and 81

[LA-31-1-7189a; FRL-7374-1]


Ambient Air Quality Surveillance and Designation of Areas for Air 
Quality Planning Purposes; Louisiana; Modification of Ozone Monitoring 
Season and Revisions to Geographical Boundaries of Air Quality Control 
Regions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is taking direct final action to revise the 
geographical boundaries of the three Air Quality Control Regions 
(AQCRs) in the State of Louisiana, which are the Southern Louisiana-
Southeast Texas AQCR, the Shreveport-Texarkana-Tyler AQCR, and the 
Monroe-El Dorado AQCR. The EPA is also taking direct final action to 
shorten the ozone season for the Monroe-El Dorado and Shreveport-
Texarkana-Tyler AQCRs, from year-round, to March 1 through October 31. 
EPA is taking this action in response to a June 12, 1995, letter from 
the Governor of Louisiana requesting that EPA revise the AQCR 
boundaries and ozone seasons in order to provide for more effective and 
efficient air quality management in the State of Louisiana.

DATES: This rule is effective on November 12, 2002 without further 
notice, unless we receive adverse comment by October 10, 2002. If we 
receive such comment, we will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Written comments on this action 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 24 hours in 
advance.
    Environmental Protection Agency, Region 6, Air Planning Section 
(6PD-L), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
    Louisiana Department of Environmental Quality, Air Quality 
Division, H. B. Garlock Building, 7290 Bluebonnet Blvd., Baton Rouge, 
LA 70810.

FOR FURTHER INFORMATION CONTACT: Joe Kordzi of the EPA Region 6 Air 
Planning Section at (214) 665-7186 and at the address above.

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

Table of Contents

I. What Action is EPA Taking?
II. What are the AQCRs and Ozone Seasons in Louisiana?
III. How is EPA Changing the AQCR Boundaries and Ozone Monitoring 
Seasons in Louisiana?
IV. What is EPA's Authority to Revise AQCRs and Ozone Monitoring 
seasons?
V. How do these Revisions Affect other States' AQCRs and Ozone 
Seasons?
VI. Is Coordination with the other States Required?
VII. How do air Quality Data Support a Revision to the Ozone season 
in two Louisiana AQCRs?
VIII. Why is this a ``Final Action?''
IX. What Administrative Requirements Apply for this Action?

I. What Action Is EPA Taking?

    In this rulemaking, we are approving a June 12, 1995, request from 
the Governor of Louisiana to:
    1. Revise the geographical boundaries of the three AQCRs in the 
State, and;
    2. Shorten the ozone season, for the Louisiana parishes located in 
two of these AQCRs, from year-round to March 1 through October 31.
    The Governor requested these revisions to the AQCR boundaries and 
ozone ambient air monitoring seasons in order to maximize the staff 
resources dedicated to providing air quality control services to the 
citizens of the State.

II. What Are the AQCRs and Ozone Seasons in Louisiana?

The three AQCRs in Louisiana are as follows:
AQCR 019--Monroe (Louisiana)-El Dorado (Arkansas) Interstate (Codified 
at 40 CFR 81.92)
AQCR 022--Shreveport-Texarkana-Tyler Interstate (Arkansas-Louisiana-
Oklahoma-Texas) (Codified at 40 CFR 81.94)
AQCR 106--Southern Louisiana-Southeast Texas Interstate (Codified at 40 
CFR 81.53).
    The ozone monitoring season is currently year-round for all three 
AQCRs.

III. How Is EPA Changing the AQCR Boundaries and Ozone Monitoring 
Seasons in Louisiana?

    In this rulemaking, we are taking direct final action to:
    1. Transfer Avoyelles, Rapides and Vernon Parishes from the 
Southern Louisiana-Southeast Texas AQCR to the Shreveport-Texarkana-
Tyler AQCR;
    2. Transfer Grant Parish from the Southern Louisiana-Southeast 
Texas AQCR to the Monroe-El Dorado AQCR; and
    3. Shorten the ozone season, for the Monroe-El Dorado and 
Shreveport-Texarkana-Tyler AQCRs, from year-long (January 1 through 
December 31) to March 1 through October 31.

IV. What Is EPA's Authority To Revise AQCRs and Ozone Monitoring 
Seasons?

    The EPA designates boundaries of AQCRs under section 107 of the 
Federal Clean Air Act (Act), and codifies them at 40 CFR part 81, 
subpart B (Designation of Air Quality Control Regions). A Governor may 
request, under section 107(e) of the Act, a realignment of the AQCRs in 
the State if the realignment will provide for more efficient and 
effective air quality management.
    40 CFR 58.13(a)(3) allows EPA Regional Administrators to exempt 
particular periods or seasons from the requirements to collect ambient 
air quality data at State and Local Ambient

[[Page 57333]]

Monitoring Stations (SLAMS). Appendix H of 40 CFR part 50 also mentions 
such waivers for continuous ozone monitoring requirements where it can 
be demonstrated that exceedences of the ozone national ambient air 
quality standards (NAAQS) are extremely unlikely. Such exemptions or 
waivers take the form of a formal change to 40 CFR part 58, Appendix D, 
section 2.5, published as a final rule in the Federal Register by the 
Regional Administrator. Regional Offices must coordinate with EPA 
Headquarters on exemptions or waivers affecting National Ambient 
Monitoring Stations (NAMS). Either a State, EPA Regional Office, or EPA 
Headquarters may initiate the revision to a State's ozone season.

V. How Do These Revisions Affect Other States' AQCRs and Ozone Seasons?

    Moving four parishes from the Southern Louisiana-Southeast Texas 
AQCR to the northern Louisiana AQCRs will change the overall boundaries 
for all three interstate AQCRs (019, 022, and 106). However, these 
changes do not affect to which AQCRs the counties in Texas, Oklahoma, 
and Arkansas are assigned. Revising the ozone monitoring season for 
those Louisiana parishes assigned to AQCRs 019 and 022 does not alter 
the official monitoring seasons for the States of Texas, Arkansas, and 
Oklahoma.

VI. Is Coordination With the Other States Required?

    A State must obtain permission from the Governor of a neighboring 
State to revise an AQCR if EPA determines that the realignment will 
significantly affect the air pollution concentrations in the 
neighboring State. (See section 107(e) of the Act.) We have determined 
that the Louisiana AQCR realignments will not significantly impact air 
quality in the neighboring States because:
    1. The four Louisiana parishes being moved are currently in 
compliance with the one-hour ozone NAAQS, and;
    2. The affected parishes' inventories of anthropogenic, or man-
made, precursor emissions (i.e., nitrogen oxides and volatile organic 
compounds) are quite small.
    Thus, we believe that coordination with the neighboring States is 
not required in order to approve this revision to the Louisiana AQCR 
boundaries.
    As stated above in part IV of this rulemaking, either a State, EPA 
Regional Office, or EPA Headquarters may request a revision to a 
State's ozone season. Coordination among States is not required in 
order for Regional Administrators to grant such requests for exemption 
or waiver from the requirements to collect ambient ozone air quality 
data. We have determined that the revision to the ozone monitoring 
season for the northern Louisiana parishes (in AQCRs 019, 022) is 
appropriate because historical one- and 8-hour ozone data indicate that 
ozone exceedences are extremely unlikely to occur outside the months of 
March through October.

VII. How Do Air Quality Data Support a Revision to the Ozone Season in 
Two Louisiana AQCRs?

    The State's request to shorten the ozone season, for AQCRs 019 and 
022, included an analysis of historical (1987-1993) one-hour ozone data 
collected at both SLAMS and NAMS monitoring sites in Louisiana. As 
recommended by EPA's ``Guideline on Modification to Monitoring Seasons 
for Ozone (March 1990),'' we reviewed the monitoring data submitted to 
determine the potential for one-hour ozone exceedences throughout the 
year, and concluded that modification to the ozone season, from year-
round to March 1 through October 31, was appropriate. We also reviewed 
more recent (1994-2001) one-hour ozone data to ensure that the monitors 
in northern Louisiana had not exceeded the 1-hour NAAQS outside the 
months of March through October since the State had submitted its 
request.
    On July 18, 1997, EPA promulgated the 8-hour ozone standard (62 FR 
38856)\1\. In July 1998, EPA subsequently released a new guidance 
document concerning ozone monitoring season selection and 
modification.\2\ In the guidance, EPA provided a methodology for 
calculating new 8-hour ozone monitoring seasons. We have reviewed 
historical (1987-2001) 8-hour ozone data for AQCRs 019 and 022,\3\ 
consistent with the July 1998 guidance. We determined that no 
exceedences occurred outside the months of March through October during 
this period. Thus, shortening the ozone monitoring season for Louisiana 
AQCRs 019 and 022, from year-round to March 1 through October 31, will 
not result in the potential to miss days in which the 8-hour ozone 
standard is exceeded.
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    \1\ On May 14, 1999, the U.S. Court of Appeals for the District 
of Columbia Circuit ruled that the 8-hour ozone standard could not 
be enforced by EPA. Although the Court of Appeals determined that 
the 8-hour standard could not be enforced, it did not vacate the 
standard. Hence, the 8-hour standard remained in effect. While 
appealing this decision to the U.S. Supreme Court, EPA reinstated 
the one-hour standard in areas where it had been revoked. (65 FR 
45182, July 20, 2000). On February 27, 2001, the U.S. Supreme Court 
upheld the 8-hour standard and instructed EPA to develop an 
implementation plan for the 8-hour standard that is consistent with 
the Supreme Court's opinion. Whitman v. American Trucking Assoc., 
Inc., 531 U.S. 457, 121 S. Ct. 903 (2001).
    \2\ ``Guideline for Selecting and Modifying the Ozone Monitoring 
Season Based on an 8-Hour Ozone Standard (EPA-454/R-98-001),'' EPA 
Office of Air Quality Planning and Standards, dated July 9, 1998.
    \3\ For this review, EPA Region 6 used all available data as 
entered into EPA's Aerometric Information Retrieval System (AIRS).
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    Therefore, we are agreeing with Louisiana's conclusions that 
shortening the ambient ozone monitoring season for AQCRs 019 and 022, 
from year-round to March 1 through October 31, will provide significant 
cost savings for the State without reducing the effectiveness of the 
ozone monitoring program. Since this action affects two NAMS sites 
located in these AQCRs, we have coordinated our approval of the revised 
ozone season with EPA Headquarters.
    As recommended in the new ozone season guidance, we will 
periodically review the historical 8-hour ozone data following this 
change to the ozone season to determine whether the March 1 through 
October 31 monitoring season is still appropriate.

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

    We are publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate no adverse comment. 
However, in the ``Proposed Rules'' section of today's Federal Register 
publication, we are publishing a separate document that will serve as 
the proposal to approve the revisions to the AQCR boundaries and ozone 
monitoring season if adverse comments are received. This rule will be 
effective on November 12, 2002, without further notice unless we 
receive adverse comment by October 10, 2002. If EPA receives adverse 
comment, we will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. We will 
address all 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.

IX. 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

[[Page 57334]]

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 November 12, 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 58

    Environmental protection, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: August 27, 2002.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

    40 CFR parts 58 and 81, chapter I, title 40 of the Code of Federal 
Regulations are amended as follows:

PART 58--[AMENDED]

    1. The authority citation for part 58 continues to read as follows:


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

    2. Part 58, Appendix D, section 2.5: the table entitled ``Ozone 
Monitoring Season By State'' is amended by revising the entry for 
Louisiana to read as follows:

Appendix D to Part 58--Network Design for State and Local Air 
Monitoring Stations (SLAMS) and National Air Monitoring Stations (NAMS) 
and Photochemical Assessment Monitoring Stations (PAMS)

* * * * *

                    Ozone Monitoring Season by State
------------------------------------------------------------------------
            State                  Begin month            End month
------------------------------------------------------------------------
 
                              * * * * * * *
Louisiana AQCRs 019, 022....  March...............  October.
Louisiana AQCR 106..........  January.............  December.
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

PART 81--[AMENDED]

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

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

Subpart B--Designation of Air Quality Control Regions

    2. Section 81.53 is amended by revising the entry for Louisiana to 
read as follows:

[[Page 57335]]

Sec.  81.53  Southern Louisiana-Southeast Texas Interstate Air Quality 
Control Region.

* * * * *
    In the State of Louisiana: Acadia Parish, Allen Parish, Ascension 
Parish, Assumption Parish, Beauregard Parish, Calcasieu Parish, Cameron 
Parish, East Baton Rouge Parish, East Feliciana Parish, Evangeline 
Parish, Iberia Parish, Iberville Parish, Jefferson Davis Parish, 
Jefferson Parish, Lafayette Parish, Lafourche Parish, Livingston 
Parish, Orleans Parish, Plaquemines Parish, Pointe Coupee Parish, St. 
Bernard Parish, St. Charles Parish, St. Helena Parish, St. James 
Parish, St. John the Baptist Parish, St. Landry Parish, St. Martin 
Parish, St. Mary Parish, St. Tammany Parish, Tangipahoa Parish, 
Terrebonne Parish, Vermilion Parish, Washington Parish, West Baton 
Rouge Parish, West Feliciana Parish.
* * * * *
    3. Section 81.92 is amended by revising the entry for Louisiana to 
read as follows:


Sec.  81.92  Monroe (Louisiana)-El Dorado (Arkansas) Interstate Air 
Quality Control Region.

* * * * *
    In the State of Louisiana: Caldwell Parish, Catahoula Parish, 
Concordia Parish, East Carroll Parish, Franklin Parish, Grant Parish, 
La Salle Parish, Madison Parish, Morehouse Parish, Ouachita Parish, 
Richland Parish, Tensas Parish, Union Parish, West Carroll Parish.
* * * * *
    4. Section 81.94 is amended by revising the entry for Louisiana to 
read as follows:


Sec.  81.94  Shreveport-Texarkana-Tyler Interstate Air Quality Control 
Region.

* * * * *
    In the State of Louisiana: Avoyelles Parish, Bienville Parish, 
Bossier Parish, Caddo Parish, Claiborne Parish, De Soto Parish, Jackson 
Parish, Lincoln Parish, Natchitoches Parish, Rapides Parish, Red River 
Parish, Sabine Parish, Vernon Parish, Webster Parish, Winn Parish.
* * * * *

Subpart C--Section 107 Attainment Status Designations

    4. In Sec.  81.319, the carbon monoxide table and the ozone table 
are amended by revising the list of parishes in AQCRs 019, 022, and 106 
to read as follows:


Sec.  81.319  Louisiana.

* * * * *

                                                               Louisiana--Carbon Monoxide
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                                                                Designation                                           Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date\1\                       Type                      Date\1\                       Type
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AQCR 019 Monroe-El Dorado Interstate....  ...........  Unclassifiable/Attainment................
    Caldwell Parish
    Catahoula Parish
    Concordia Parish
    East Carroll Parish
    Franklin Parish
    Grant Parish
    La Salle Parish
    Madison Parish
    Morehouse Parish
    Ouachita Parish
    Richland Parish
    Tensas Parish
    Union Parish
    West Carroll Parish
AQCR 022 Shreveport-Texarkana-Tyler       ...........  Unclassifiable/Attainment................
 Interstate.
    Avoyelles Parish
    Bienville Parish
    Bossier Parish
    Caddo Parish
    Claiborne Parish
    De Soto Parish
    Jackson Parish
    Lincoln Parish
    Natchitoches Parish
    Rapides Parish
    Red River Parish
    Sabine Parish
    Vernon Parish
    Webster Parish
    Winn Parish
AQCR 106 Southern Louisiana-Southeast     ...........  Unclassifiable/Attainment................
 Texas Interstate.
    Acadia Parish
    Allen Parish
    Ascension Parish
    Assumption Parish
    Beauregard Parish
    Calcasieu Parish
    Cameron Parish
    East Baton Rouge Parish
    East Feliciana Parish
    Evangeline Parish
    Iberia Parish
    Iberville Parish

[[Page 57336]]

 
    Jefferson Davis Parish
    Jefferson Parish
    Lafayette Parish
    Lafourche Parish
    Livingston Parish
    Orleans Parish
    Plaquemines Parish
    Pointe Coupee Parish
    St. Bernard Parish
    St. Charles Parish
    St. Helena Parish
    St. James Parish
    St. John the Baptist Parish
    St. Landry Parish
    St. Martin Parish
    St. Mary Parish
    St. Tammany Parish
    Tangipahoa Parish
    Terrebonne Parish
    Vermilion Parish
    Washington Parish
    West Baton Route Parish
    West Feliciana Parish
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\1\ This date is November 15, 1990, unless otherwise noted.


                                                           Louisiana--Ozone (1-Hour Standard)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Designation                                           Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date\1\                       Type                      Date\1\                       Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
AQCR 019 Monroe-El Dorado Interstate....  ...........  Unclassifiable/Attainment................
    Caldwell Parish
    Catahoula Parish
    Concordia Parish
    East Carroll Parish
    Franklin Parish
    La Salle Parish
    Madison Parish
    Morehouse Parish
    Ouachita Parish
    Richland Parish
    Tensas Parish
    Union Parish
    West Carroll Parish
AQCR 022 Shreveport-Texarkana-Tyler       ...........  Unclassifiable/Attainment................
 Interstate.
    Avoyelles Parish
    Bienville Parish
    Bossier Parish
    Caddo Parish
    Claiborne Parish
    De Soto Parish
    Jackson Parish
    Lincoln Parish
    Natchitoches Parish
    Rapides Parish
    Red River Parish
    Sabine Parish
 
    Vernon Parish
    Webster Parish
    Winn Parish
AQCR 106 Southern Louisiana-Southeast     ...........  Unclassifiable/Attainment................
 Texas Interstate.
    Acadia Parish
    Allen Parish
    Assumption Parish
    Cameron Parish

[[Page 57337]]

 
    East Feliciana Parish
    Evangeline Parish
    Iberia Parish
    Jefferson Davis Parish
    Plaquemines Parish
    St. Helena Parish
    St. John the Baptist Parish
    St. Landry Parish
    St. Martin Parish
    St. Tammany Parish
    Tangipahoa Parish
    Terrebonne Parish
    Vermilion Parish
    Washington Parish
    West Feliciana Parish
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is October 18, 2000, unless otherwise noted.

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[FR Doc. 02-22983 Filed 9-9-02; 8:45 am]
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