[Federal Register Volume 72, Number 214 (Tuesday, November 6, 2007)]
[Rules and Regulations]
[Pages 62579-62585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21687]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-0271; FRL-8491-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Louisiana; Approval of 8-Hour Ozone Section 110(a)(1) Maintenance Plans 
for the Parishes of Beauregard, Grant, and St. Mary

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Louisiana State 
Implementation Plan (SIP) concerning the 8-hour ozone maintenance plans 
for the parishes of Beauregard, Grant, and St. Mary. On August 23, 
2006, the State of Louisiana submitted separate SIP revisions 
containing 8-hour ozone maintenance plans for Beauregard and Grant 
Parishes, and on October 10, 2006, Louisiana submitted an 8-hour ozone 
maintenance plan for St. Mary Parish. These plans ensure the continued 
attainment of the 8-hour ozone National Ambient Air Quality Standard 
(NAAQS) through the year 2014. These maintenance plans meet the 
statutory and regulatory requirements, and are consistent with EPA's 
guidance. EPA is approving the revisions pursuant to section 110 of the 
Federal Clean Air Act (CAA).

DATES: This rule is effective on January 7, 2008 without further 
notice, unless EPA receives relevant adverse comment by December 6, 
2007. 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: Submit your comments, identified by Docket No. EPA-R06-OAR-
2006-0271, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
     E-mail: Mr. Guy Donaldson at [email protected]. Please 
also send a copy by email to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are 
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except 
for legal holidays. Special arrangements should be made for deliveries 
of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-0271. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information

[[Page 62580]]

whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through 
www.regulations.gov or e-mail. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Planning Section 
(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, 
Dallas, Texas 75202-2733. The file will be made available by 
appointment for public inspection in the Region 6 FOIA Review Room 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an 
appointment. If possible, please make the appointment at least two 
working days in advance of your visit. There will be a 15 cent per page 
fee for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment:
    Louisiana Department of Environmental Quality, Public Records 
Center, Room 127, 602 N. Fifth Street, Baton Rouge, Louisiana 70821.

FOR FURTHER INFORMATION CONTACT: Ellen Belk, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 
700, Dallas, Texas 75202-2733, telephone (214) 665-2164; fax number 
214-665-7263; e-mail address [email protected].

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

Outline

I. Background
II. Analysis of the State's Submittals
III. The State of Louisiana's Request To Relax the Federal Reid 
Vapor Pressure Standard in Grant Parish
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    Under section 107 of the 1977 CAA, Louisiana's Beauregard, Grant, 
and St. Mary Parishes were designated as nonattainment areas because 
they did not meet the National Ambient Air Quality Standards (NAAQS) 
for 1-hour ozone (40 CFR 81.319). As required by section 110 of the 
CAA, the state of Louisiana submitted a SIP to EPA on December 10, 
1979. This SIP was approved by EPA on October 29, 1981 (46 FR 53412). 
Under the 1990 CAA Amendments, the Beauregard, Grant, and St. Mary 
Parish nonattainment areas continued to be designated nonattainment for 
the 1-hour ozone NAAQS by operation of law since Louisiana had not yet 
collected the required three years of data necessary to petition for 
redesignation to attainment.
    On December 12, 1994, Louisiana submitted a request to redesignate 
Beauregard, Grant, and St. Mary Parishes to attainment for the 1-hour 
ozone standard. At the same time, the State submitted the required 
ozone monitoring data and maintenance plan for each parish (each area 
includes only the one Parish) to ensure the areas would remain in 
attainment for 1-hour ozone for a period of 10 years. The maintenance 
plans submitted by Louisiana followed EPA guidance for limited 
maintenance areas, which provides for 1-hour ozone areas that have 
design values less than 85% of the applicable standard. In this case, 
the applicable standard was the 1-hour ozone standard of 0.12 parts per 
million (ppm). At the time of the redesignation request, the design 
values for Beauregard, Grant, and St. Mary Parishes were 0.106, 0.071, 
and 0.092 ppm, respectively. Since each of these values was at or below 
the 85% threshold of 0.106 ppm, EPA approved Louisiana's requests to 
redesignate Beauregard, Grant, and St. Mary Parishes to attainment for 
the 1-hour ozone standard and approved the Parishes' maintenance plans, 
on August 18, 1995 (60 FR 43020), with an effective date of October 17, 
1995.
    On April 30, 2004, EPA designated and classified areas for the new 
8-hour ozone NAAQS (69 FR 23858), and published the final phase 1 rule 
for implementation of the 8-hour ozone NAAQS (69 FR 23951). Beauregard, 
Grant, and St. Mary Parishes were designated as unclassifiable/
attainment for the 8-hour ozone standard, effective June 15, 2004. The 
three attainment areas consequently are required to submit a 10-year 
maintenance plan under section 110(a)(1) of the CAA and the Phase I 
rule. On May 20, 2005, EPA issued guidance providing information 
regarding how a state might fulfill the maintenance plan obligation 
established by the Act and the Phase I rule (Memorandum from Lydia N. 
Wegman to Air Division Directors, Maintenance Plan Guidance Document 
for Certain 8-hour Ozone Areas Under Section 110(a)(1) of Clean Air 
Act, May 20, 2005). This SIP revision satisfies the section 110(a)(1) 
CAA requirements for a plan that provides for implementation, 
maintenance, and enforcement of the 8-hour ozone NAAQS in the 
Beauregard, Grant, and St. Mary Parish 8-hour ozone unclassifiable/
attainment areas.
    On December 22, 2006, the United States Court of Appeals for the 
District of Columbia Circuit issued an opinion that vacated EPA's Phase 
1 Implementation Rule for the 8-hour Ozone Standard. (South Coast Air 
Quality Management District. v. EPA, 472 F.3d 882 (D.C. Cir. 2006). 
Petitions for rehearing were filed with the Court, and on June 8, 2007, 
the Court modified the scope of the vacatur of the Phase I rule. The 
Court vacated those portions of the Rule that provide for regulation of 
8-hour ozone nonattainment areas under Subpart 1 in lieu of Subpart 2 
and that allow backsliding with respect to new source review, 
penalties, milestones, contingency plans, and motor vehicle emission 
budgets. Consequently, the Court's modified ruling does not alter any 
requirements under the Phase 1 8-hour ozone implementation rule for 
maintenance plans.

II. Analysis of the State's Submittals

    On August 23, 2006, the State of Louisiana submitted separate SIP 
revisions containing 8-hour ozone maintenance plans for Beauregard and 
Grant Parishes, and on October 10, 2006, Louisiana submitted an 8-hour

[[Page 62581]]

ozone maintenance plan for St. Mary Parish. (The August 23, 2006 
submittal for Grant Parish superseded a previous one dated March 2006, 
and included substantive changes to the contingency plan section. The 
August 23, 2006 submittal for Grant Parish was preceded by a proposal 
in June 2006, and a public hearing July 25, 2006.) These August and 
October revisions provide 8-hour ozone maintenance plans for the three 
parishes named above, as required by section 110(a)(1) of the CAA and 
the provisions of EPA's Phase 1 Implementation Rule (see 40 CFR 
51.905(a)(4)). The purpose of these plans is to ensure continued 
attainment and maintenance of the NAAQS for 8-hour ozone in Beauregard, 
Grant, and St. Mary Parishes.
    In this action, EPA is approving the State's 8-hour ozone 
maintenance plans for the areas of Beauregard, Grant, and St. Mary 
Parishes because EPA finds that the LDEQ submittal meets the 
requirements of section 110(a)(1) of the CAA, EPA's rule, and is 
consistent with EPA's guidance. As required, these plans provide for 
continued attainment and maintenance of the 8-hour ozone NAAQS in the 
area for 10 years from the effective date of the area's designation as 
unclassifiable/attainment for the 8-hour ozone NAAQS, and include 
components illustrating how each Parish will continue in attainment of 
the 8-hour ozone NAAQS and contingency measures. Each of the section 
110(a) (1) plan components is discussed below.
    (a) Attainment Inventory. The LDEQ developed comprehensive 
inventories of VOC and NOX emissions from area, stationary, 
and mobile sources using 2002 as the base year to demonstrate 
maintenance of the 8-hour ozone NAAQS for Beauregard, Grant, and St. 
Mary Parishes. The year 2002 is an appropriate year for the LDEQ to 
base attainment level emissions because States may select any one of 
the three years on which the 8-hour attainment designation was based 
(2001, 2002, and 2003). The State's submittals contain the detailed 
inventory data and summaries by source category. The 2002 base year 
inventory is a good choice. Using the 2002 inventory as a base year 
reflects one of the years used for calculating the air quality design 
values on which the 8-hour ozone designation decisions were based. It 
also is one of the years in the 2002-2004 period used to establish 
baseline visibility levels for the regional haze program.
    A practical reason for selecting 2002 as the base year emission 
inventory is that Section 110(a)(2)(B) of the CAA and the Consolidated 
Emissions Reporting Rule (67 FR 39602, June 10, 2002) require States to 
submit emissions inventories for all criteria pollutants and their 
precursors every three years, on a schedule that includes the emissions 
year 2002. The due date for the 2002 emissions inventory is established 
in the rule as June 2004. In accordance with these requirements, the 
State of Louisiana compiles a statewide EI for point sources on an 
annual basis. For stationary point sources, for Beauregard, Grant, and 
St. Mary Parishes, the LDEQ provided estimates for each commercial or 
industrial operation that emits 100 tons or more per year of VOC or 
NOX in Appendix A of each maintenance plan. Stationary non-
point source data was provided by E.H. Pechan & Associates, Inc., 
through the Central Regional Air Planning Association (CENRAP) using 
the methodology in ``Consolidation of Emissions Inventories'', section 
C, page 26. On-road mobile emissions of VOC and NOX were 
estimated using EPA's MOBILE6.2 motor vehicle emissions factor computer 
model. Non-road mobile emissions data were derived from the ``Emission 
Inventory Development For Mobile Sources and Agricultural Dust Sources 
for the Central States'' produced by Sonoma Technology, Inc. for CENRAP 
in October 2004 using EPA's NONROAD 2004 non-road mobile emissions 
computer model. EPA finds that the LDEQ prepared the 2002 base year 
emissions inventories for the three Parishes consistent with EPA's 
long-established guidance memoranda.
    In projecting data for the attainment year 2014 inventory, LDEQ 
used several methods to project data from the base year 2002 to the 
years 2008, 2011, and 2014. These projected inventories were developed 
using EPA-approved technologies and methodologies. Point source and 
non-point source projections were derived from the Emissions Growth 
Analysis System version 4.0 (EGAS 4.0). Non-road mobile projections 
were derived from EGAS 4.0, as well as from the National Mobile 
Inventory Model.
    The following tables provide VOC and NOX emissions data 
for the 2002 base attainment year inventory, as well as projected VOC 
and NOX emission inventory data for the years 2008, 2011, 
and 2014. Please see the Technical Support Document (TSD) for 
additional emissions inventory data including projections by source 
category for each parish.

                Beauregard Parish VOC and NOX Emissions Inventory Baseline (2002) and Projections
                                             (2008, 2011, and 2014)
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                                                               2002 tons    2008 tons    2011 tons    2014 tons
                          Emissions                             per day      per day      per day      per day
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Total VOC...................................................        13.91        13.96        13.96        14.02
Total NOX...................................................        20.88        20.79        20.78        20.84
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    As shown in the table above, total VOC and total NOX 
emissions for Beauregard Parish are projected to remain nearly the same 
over the 10-year period of the maintenance plan.

       Grant Parish VOC and NOX Emissions Inventory Baseline (2002) and Projections (2008, 2011, and 2014)
----------------------------------------------------------------------------------------------------------------
                                                               2002 tons    2008 tons    2011 tons    2014 tons
                          Emissions                             per day      per day      per day      per day
----------------------------------------------------------------------------------------------------------------
Total VOC...................................................         8.99         8.23         7.57         7.09
Total NOX...................................................         5.73         5.13         4.82         4.58
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[[Page 62582]]

    As shown in the table above, total VOC and total NOX 
emissions for Grant Parish are projected to decrease somewhat over the 
10-year period of the maintenance plan.

                 St. Mary Parish VOC and NOX Emissions Inventory Baseline (2002) and Projections
                                             (2008, 2011, and 2014)
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                                                               2002 tons    2008 tons    2011 tons    2014 tons
                          Emissions                             per day      per day      per day      per day
----------------------------------------------------------------------------------------------------------------
Total VOC...................................................        18.74        16.29        15.50        15.01
Total NOX...................................................        37.10        37.79        38.43        39.15
----------------------------------------------------------------------------------------------------------------

    Emission projections for future years in St. Mary Parish indicate a 
downward trend in VOC emissions through 2014. NOX emission 
projections through 2014 reflect an increase of 2.05 tons per day by 
the year 2014, or approximately 5%, from 37.10 to 39.15 tpd. This small 
projected increase which occurs over a 12-year period is a result of 
calculations for the point and non-point source emissions categories. 
Emissions from non-road mobile and on-road mobile sources are projected 
to decrease. In contrast, VOC emissions are projected to decrease by 
3.73 tons per day, or approximately 20%, from 18.74 to 15.01 tpd. The 
projected 20% reduction in VOC emissions is expected to sufficiently 
offset the projected 5% increase in NOX emissions, enabling 
the area to continue to maintain the 8-hour ozone standard.
    Please see the TSD for more information on EPA's analysis and 
review of the State's methodologies, modeling data and performance, 
etc. for developing the base and attainment year inventories. As shown 
in the tables above, the State has demonstrated that the future year 8-
hour ozone emissions will be less than the 2002 base attainment year's 
emissions. The attainment inventories submitted by the LDEQ for these 
areas are consistent with the criteria as discussed in the EPA 
Maintenance Plan Guidance memo dated May 20, 2005. EPA finds that the 
future emissions levels in 2008, 2011 and 2014 are expected to be 
similar to or less than the emissions levels in 2002.
    (b) Maintenance Demonstration. The primary purpose of a maintenance 
plan is to demonstrate how an area will continue to remain in 
compliance with the 8-hour ozone standard for the 10 year period 
following the effective date of designation as unclassifiable/
attainment. The end projection year is 10 years from the effective date 
of the attainment designation, which for Beauregard, Grant, and St. 
Mary Parishes was June 15, 2004. Therefore, these plans must 
demonstrate attainment through 2014. As discussed in section (a) 
Attainment Inventory above, Louisiana has identified the level of 
ozone-forming emissions in Beauregard, Grant, and St. Mary Parishes 
that were consistent with attainment of the NAAQS for ozone in 2002. 
Louisiana has projected VOC and NOX emissions for the years 
2008, 2011, and 2014 in Beauregard, Grant, and St. Mary Parishes and 
EPA finds that the future emissions levels in those years are expected 
to be similar or below the emissions levels in 2002. Please see the TSD 
for more information on EPA's review and evaluation of the State's 
2008, 2011, and 2014 projected emissions inventories.
    Louisiana relies on several air quality measures that will provide 
for additional 8-hour ozone emissions reductions in Beauregard, Grant, 
and St. Mary Parishes. These measures include the following, among 
others: (1) Implementation of EPA's National Rule for VOC Emission 
Standards for Automobile Refinish Coatings, Consumer Products, and 
Architectural Coatings, (2) enacting of specific requirements from 
EPA's Tier 2 Motor Vehicle Emission Standards, EPA's Heavy-Duty Engine 
and Vehicle Standards, as well as EPA's gasoline and highway diesel 
fuel sulfur control requirements, (3) EPA's required control of 
emissions from non-road diesel engines and fuels, and (4) 
implementation of the Federal Clean Air Interstate Rule (CAIR) (70 FR 
25162). The purpose of these control measures is to reduce levels of 8-
hour ozone, including the areas of Beauregard, Grant, and St. Mary 
Parishes.
    As an additional demonstration of maintenance, Louisiana references 
the EPA modeling conducted for CAIR in the maintenance plan submittals. 
Louisiana is a state that must implement CAIR, and the EPA CAIR 
modeling indicates that all Louisiana parishes will be in attainment 
with the 8-hour ozone standard by 2010, with continued attainment 
projected through 2015. This analysis is consistent with the 
projections discussed above in (a) Attainment Inventory.
    (c) Ambient Air Quality Monitoring. In May 2003, after a technical 
and statistical analysis, the Regional Office agreed with the State of 
Louisiana that the Ragley monitoring site in Beauregard Parish and the 
Bentley monitoring site in Grant Parish could be discontinued upon 
submittal of a revised maintenance plan, which turned out to be 
November 28, 2005 for Grant Parish and May 19, 2006 for Beauregard 
Parish. The Bentley site in Grant Parish, however, was destroyed by 
fire on August 13, 2005, before the end of the 2005 ozone season. Since 
there was not adequate time to establish a new monitor for the 
remainder of the 2005 ozone season, EPA calculated its 2005 design 
value with the available information as 73 ppb. (The ozone season in 
the State of Louisiana is from January to December for the Parishes 
discussed in this notice.) In the same May 2003 letter, after the 
completion of the technical and statistical analysis, the Regional 
Office agreed with the State that the Morgan City monitoring site in 
St. Mary Parish could be discontinued at the end of the 2003 ozone 
season. Nevertheless, the State of Louisiana has committed in its 
maintenance plans for Beauregard, Grant, and St. Mary Parishes to 
provide operation of an appropriate ozone monitoring network and to 
work with EPA in compliance with 40 CFR part 58 with regard to the 
continued adequacy of such a network, if EPA determines monitoring is 
needed.
    The Ragley monitoring site in Beauregard Parish has monitored 
attainment with the 8-hour ozone standard since 1998 through 2005. The 
8-hour ozone NAAQS is 0.08 parts per million based on the three-year 
average of the fourth-highest daily maximum 8-hour average ozone 
concentration measured at each monitor within an area. The standard is 
considered to be attained at 84 parts per billion (ppb). The three most 
recent 8-hour ozone design values for the Ragley site in Beauregard 
Parish are 73 ppb for 2003, 73 ppb for 2004, and 75 ppb for 2005. The 
Bentley monitoring site in Grant Parish has monitored attainment with

[[Page 62583]]

the 8-hour ozone standard since 1998 through 2004. The most recent 8-
hour ozone design values for the Bentley site in Grant Parish are 78 
ppb for 2002, 74 ppb for 2003, 73 ppb for 2004, and 73 ppb for 2005. 
The design value for 2005 is calculated to be 73 ppb, based upon the 8 
months and 12 days of available data.
    In St. Mary Parish, the Morgan City monitoring site has monitored 
attainment with the 8-hour ozone standard since 2001 through 2005. The 
State did not discontinue the monitor after the end of the 2003 ozone 
season as allowed but continued to operate it through the 2005 ozone 
season. The three most recent 8-hour ozone design values for St. Mary 
Parish are 74 ppb for 2003, 73 ppb for 2004, and 76 ppb for 2005.
    (d) Contingency Plan. The section 110(a) (1) maintenance plans 
include contingency provisions to correct promptly any violation of the 
NAAQS that occurs. The contingency indicator for the Beauregard, Grant, 
and St. Mary Parish maintenance plans is based on updates to the 
emission inventories. The triggering mechanism for activation of 
contingency measures is a ten percent or greater increase in emissions 
of either VOC or NOX based on the 2002 emissions inventory. 
In these maintenance plans, if contingency measures are triggered, LDEQ 
is committing to implement the measures as expeditiously as 
practicable, but no longer than 24 months following the trigger.
    The following contingency measures are identified for 
implementation: (1) Lowering VOC RACT applicability thresholds for 
Stage 1 gasoline controls, (2) NOX controls on major sources 
(100 tpy and greater), (3) Emission offsets for permits (1.10 ratio for 
VOC and NOX), and (4) Other measures deemed appropriate at 
the time as a result of advances in control technologies. These 
contingency measures and schedules for implementation satisfy EPA's 
long-standing guidance on the requirements of section 110(a) (1) of 
Continued Attainment. Continued attainment of the 8-hour ozone NAAQS in 
the areas of Beauregard, Grant, and St. Mary Parishes will depend, in 
part, on the air quality measures discussed previously (see II. b) 
above). In addition, Louisiana commits to verify the 8-hour ozone 
status in each maintenance plan through annual and periodic evaluations 
of the emissions inventories. In the annual evaluations, Louisiana will 
review VOC and NOX emission data from stationary point 
sources. During the periodic evaluations (every three years), Louisiana 
will update the emissions inventory for all emissions source 
categories, and compare the updated emissions inventory data to the 
projected 2008, 2011 and 2014 attainment emissions inventories to 
verify continued attainment of the 8-hour ozone standard.

III. The State of Louisiana's Request To Relax the Federal Reid Vapor 
Pressure Standard in Grant Parish

    The State of Louisiana has submitted a request to EPA to relax the 
federal Reid Vapor Pressure (RVP) standard from 7.8 psi to 9.0 psi in 
Grant Parish during the ozone control season (June 1 to September 15). 
The Grant Parish section 110(a) (1) maintenance plan provides a modeled 
analysis of emissions from on-road mobile sources, including a 
comparison of VOC emissions using both the 7.8 and 9.0 psi RVP 
gasoline, for the three projection years: 2008, 2011, and 2014. The 
following Table provides the data resulting from the State's analysis 
comparing projected VOC emissions in Grant Parish for an RVP of 7.8 psi 
and 9.0 psi.

          Grant Parish: RVP Comparison Effect on VOC Emissions
------------------------------------------------------------------------
                                                     7.8 psi    9.0 psi
                       Year                          RVP  VOC   RVP  VOC
                                                      (tpd)      (tpd)
------------------------------------------------------------------------
2002..............................................       1.27        N/A
2008..............................................       0.80       0.90
2011..............................................       0.63       0.70
2014..............................................       0.52       0.57
------------------------------------------------------------------------

    The Table above shows that Grant Parish is projected to continue to 
attain the 8-hour ozone standard with either a 7.8 or 9.0 psi RVP 
gasoline. The overall effect on VOC emissions from the difference 
between 7.8 and 9.0 psi RVP gasoline is 0.1 tpd or less for each of the 
three projection years. Further, each of the projected VOC emission 
inventories using 9.0 psi RVP gasoline is less than the baseline VOC 
emission inventory for the 2002 attainment year. Based upon this data, 
the Grant Parish 8-hour maintenance plan demonstrates that the use of 
either 7.8 or 9.0 psi RVP gasoline in the parish will allow the area to 
continue to meet the 8-hour ozone NAAQS.
    EPA has promulgated regulations establishing the volatility 
standards. In a separate rulemaking, EPA will address the State's 
request.

IV. Final Action

    Pursuant to section 110 of the Act, EPA is approving the 8-hour 
ozone maintenance plans for Beauregard, Grant, and St. Mary Parishes, 
which were submitted by LDEQ on August 23, 2006, August 23, 2006, and 
October 10, 2006, respectively, which ensure continued attainment of 
the 8-hour ozone NAAQS through the year 2014. We have evaluated the 
State's submittals and have determined that they meet the applicable 
requirements of the Clean Air Act and EPA regulations, and are 
consistent with EPA policy.
    EPA is publishing this rule without prior proposal because we view 
this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on January 7, 2008 
without further notice unless we receive adverse comment by December 6, 
2007. If we receive adverse comments, 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 now. Please note that if we receive adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, we may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

V. Statutory and Executive Order Reviews

    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

[[Page 62584]]

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 CAA. 
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 CAA. 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 7, 2008. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone, Nitrogen dioxide, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: October 26, 2007.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart T--Louisiana

0
2. In Sec.  52.970, the table in paragraph (e) entitled, ``EPA APPROVED 
LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES'', is 
amended by adding three new entries to the end of the table as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (e) * * *

                  Epa-Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                                                State
       Name of SIP provision        Applicable geographic  submittal date/   EPA approval date      Explanation
                                    or nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
8-Hour Ozone Section 110            Beauregard Parish, LA         8/23/06  11/06/07 [Insert FR
 Maintenance Plan.                                                          page number where
                                                                            document begins].
8-Hour Ozone Section 110            Grant Parish, LA.....         8/23/06  11/06/07 [Insert FR
 Maintenance Plan.                                                          page number where
                                                                            document begins].
8-Hour Ozone Section 110            St. Mary Parish, LA..         9/27/06  11/06/07 [Insert FR
 Maintenance Plan.                                                          page number where
                                                                            document begins].
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.975, entitled, ``Redesignations and maintenance plans; 
ozone'', is amended by adding a new paragraph (h) as follows:


Sec.  52.975  Redesignations and maintenance plans; ozone.

* * * * *
    (h) Approval. The Louisiana Department of Environmental Quality 
(LDEQ) submitted 8-hour ozone maintenance plans for the areas of 
Beauregard, Grant, and St. Mary Parishes on August 23, 2006, August 23, 
2006, and October 10, 2006, respectively. The three areas are 
designated unclassifiable/attainment for the 8-hour ozone standard. EPA 
determined these requests for Beauregard, Grant, and St. Mary Parishes 
were complete on October 9, 2006, October 9, 2006, and November 30, 
2006, respectively. The maintenance plans meet the requirements of 
section 110(a)(1) of the Clean Air Act, and are consistent with EPA's 
maintenance plan guidance document dated May 20, 2005. The EPA 
therefore approved the 8-hour ozone maintenance plans for the areas

[[Page 62585]]

of Beauregard, Grant, and St. Mary parishes on November 6, 2007.
* * * * *
[FR Doc. E7-21687 Filed 11-5-07; 8:45 am]
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