[Federal Register Volume 75, Number 122 (Friday, June 25, 2010)]
[Proposed Rules]
[Pages 36316-36318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15471]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2010-0113; FRL-9168-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Louisiana; Determination of Attainment of the 1997 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to determine that the Baton Rouge, 
Louisiana moderate 1997 8-hour ozone nonattainment area has attained 
the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for 
ozone. This proposed determination is based upon complete, quality 
assured, certified ambient air monitoring data that show the area has 
monitored attainment of the 1997 8-hour ozone NAAQS since the 2006-2008 
monitoring period, and continues to monitor attainment of the NAAQS 
based on 2009 data. If this proposed determination is made final, under 
the provisions of EPA's ozone implementation rule, the requirements for 
this area to submit an attainment demonstration, a reasonable further 
progress plan, contingency measures, and other planning State 
Implementation Plans related to attainment of the 1997 8-hour ozone 
NAAQS shall be suspended for so long as the area continues to attain 
the 1997 ozone NAAQS.

DATES: Written comments must be received on or before July 26, 2010.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2010-0113, by one of the following methods:
    Federal Rulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    U.S. 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-
2010-0113. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through http://www.regulations.gov or e-mail that you consider to be 
CBI or otherwise protected from disclosure. The http://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 http://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 http://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 http://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 to make an appointment. If possible, please 
make the appointment at least two working days in advance of your 
visit. There will be a fee of 15 cents per page 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 
75202-2733.

FOR FURTHER INFORMATION CONTACT: Ms. Sandra Rennie, Air Planning 
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7367, 
fax (214) 665-7263, e-mail address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. What action Is EPA taking?
II. What is the effect of this action?
III. What is the background for this action?
IV. What is EPA's analysis of the relevant Air Quality Data?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is proposing to determine that the Baton Rouge, Louisiana 
moderate 1997 8-hour ozone nonattainment area (hereafter the Baton 
Rouge area) has attained the 1997 8-hour National Ambient Air Quality 
Standard (NAAQS) for ozone. This proposed determination is based upon 
complete, quality assured and certified ambient air monitoring data 
that show the area has monitored attainment of the ozone NAAQS since

[[Page 36317]]

the 2006-2008 monitoring period, and monitoring data that continue to 
show attainment of the NAAQS based on 2009 data in the Air Quality 
System (AQS) database. Preliminary data available to date for the 2010 
ozone season are also consistent with continued attainment.

II. What is the effect of this action?

    If this proposed determination is made final, under the provisions 
of EPA's ozone implementation rule (see 40 CFR Section 51.918), the 
requirements for the Baton Rouge area to submit an attainment 
demonstration, a reasonable further progress plan, section 172(c)(9) 
contingency measures, and any other State Implementation Plan (SIP) 
planning measures related to attainment of the 1997 8-hour ozone NAAQS 
would be suspended for so long as the area continues to attain the 
ozone NAAQS.
    This proposed action, if finalized, would not constitute a 
redesignation to attainment under CAA section 107(d)(3), because we 
would not yet have an approved maintenance plan for the area as 
required under section 175A of the CAA, nor a determination that the 
area has met the other requirements for redesignation. The 
classification and designation status of the area would remain moderate 
nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA 
determines that it meets all the CAA requirements for redesignation to 
attainment.
    If this rulemaking is finalized and EPA subsequently determines, 
after notice-and-comment rulemaking in the Federal Register, that the 
area has violated the 1997 8-hour ozone standard, the basis for the 
suspension of these requirements would no longer exist, and the area 
would thereafter have to address the pertinent CAA requirements.

III. What is the background for this action?

    On April 30, 2004 (69 FR 23857), EPA designated as nonattainment 
any area that was violating the 1997 8-hour ozone NAAQS based on the 
three most recent years (2001-2003) of air quality data. The Baton 
Rouge area (specifically, Ascension, East Baton Rouge, Iberville, 
Livingston, and West Baton Rouge Parishes) was designated as a marginal 
ozone nonattainment area. The Baton Rouge area was reclassified to 
moderate on March 21, 2008, effective on April 21, 2008 (73 FR 15087). 
Recent air quality data indicate that the Baton Rouge area is now 
attaining the 1997 8-hour ozone standard.

IV. What is EPA's analysis of the relevant air quality data?

    The EPA has reviewed the Baton Rouge area's 2006-2008 ambient air 
monitoring data for ozone consistent with the requirements contained in 
40 CFR part 50 and recorded in the EPA AQS database. On the basis of 
that review, EPA has concluded that this area attained the 1997 8-hour 
ozone standard at the end of the 2008 ozone season, based on three 
years of complete, quality-assured and state certified 2006-2008 ozone 
data. In addition, ozone data for 2007-2009, also in AQS, show the area 
continues to attain the 1997 8-hour ozone NAAQS. Under EPA regulations 
at 40 CFR part 50, the 1997 8-hour ozone standard is attained when the 
3-year average of the annual fourth-highest daily maximum 8-hour 
average ozone concentrations at an ozone monitor is less than or equal 
to 0.08 parts per million (ppm) (i.e., 0.084 ppm, based on the rounding 
convention in 40 CFR part 50, Appendix I). This 3-year average is 
referred to as the design value. When the design value is less than or 
equal to 0.084 ppm at each monitor within the area, then the area is 
meeting the NAAQS. (See 69 FR 23857 (April 30, 2004) for further 
information.) Also, the data completeness requirement is met when the 
average percent of days with valid ambient monitoring data is greater 
than 90%, and no single year has less than 75% data completeness as 
determined in Appendix I of 40 CFR part 50.
    Table 1 shows the fourth-highest daily maximum 8-hour average ozone 
concentrations for the Baton Rouge, Louisiana nonattainment area 
monitors for the years 2006-2009.

  Table 1--Fourth High 8-Hour Ozone Average Concentrations and Design Values (ppm) in the Baton Rouge Area \1\
----------------------------------------------------------------------------------------------------------------
                                                   4th Highest daily max                Design values three year
                                   ----------------------------------------------------         averages
               Site                                                                    -------------------------
                                        2006         2007         2008         2009      2006-2008    2007-2009
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Plaquemine (22-047-0009)..........        0.083        0.079        0.076        0.071        0.079        0.075
Carville (22-047-0012)............        0.085        0.086        0.073        0.076        0.081        0.078
Dutchtown (22-005-0004)...........        0.087        0.088        0.074        0.074        0.083        0.078
Baker (22-033-1001)...............        0.091        0.077        0.071        0.071        0.079        0.073
LSU (22-033-0003).................        0.085        0.085        0.072        0.084        0.080        0.080
Grosse Tete (22-047-0007).........        0.086        0.084        0.071        0.070        0.080        0.075
Port Allen (22-121-0001)..........        0.087        0.076        0.072        0.072        0.078        0.073
Pride (22-033-0013)...............        0.082        0.077        0.074        0.072        0.077        0.074
French Settlement (22-063-0002)...        0.079        0.084        0.075        0.075        0.079        0.078
Capitol (22-033-0009).............        0.084        0.074        0.067        0.076        0.075        0.072
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\1\ Unlike for the 1-hour ozone standard, design value calculations for the 1997 8-hour ozone standard are based
  on a rolling three-year average of the annual 4th highest values (40 CFR part 50, Appendix I).

    EPA's review of these data shows that the Baton Rouge ozone 
nonattainment area has met and continues to meet the 1997 8-hour ozone 
NAAQS. Data for 2007-2009, show the area continues to attain the 1997 
8-hour ozone NAAQS. Preliminary data available to date for the 2010 
ozone season are consistent with continued attainment. EPA is 
soliciting public comments on the issues discussed in this notice or on 
other relevant matters pertaining to this rulemaking action. These 
comments will be considered before EPA takes final action. Interested 
parties may participate in the Federal rulemaking procedure by 
submitting written comments to the EPA Region 6 Office listed in the 
ADDRESSES section of this Federal Register.

V. Proposed Action

    EPA is proposing to determine that the Baton Rouge 1997 8-hour 
ozone moderate nonattainment area has attained the 1997 8-hour ozone 
standard, based on complete, quality assured data through 2008, and 
data for

[[Page 36318]]

2007-2009 indicating continued attainment. Preliminary data for the 
2010 ozone season available to date are consistent with continued 
attainment. As provided in 40 CFR 51.918, if EPA finalizes this 
determination, it would suspend the requirements for the Baton Rouge 
area to submit planning SIPs related to attainment of the 1997 8-hour 
ozone NAAQS for this area, for so long as the area continues to attain 
the standard.

VI. Statutory and Executive Order Reviews

    This action proposes to make a determination of attainment based on 
air quality, and would, if finalized, result in the suspension of 
certain Federal requirements, and would not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to the requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR part 52

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


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

    Dated: June 14, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 2010-15471 Filed 6-24-10; 8:45 am]
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