[Federal Register Volume 75, Number 174 (Thursday, September 9, 2010)]
[Rules and Regulations]
[Pages 54778-54779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22341]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2010-0113; FRL-9197-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Louisiana; Baton Rouge 8-Hour Ozone Nonattainment Area; Determination 
of Attainment of the 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA has determined that the Baton Rouge (BR) moderate 8-
hour ozone nonattainment area has attained the 1997 8-hour ozone 
National Ambient Air Quality Standard (NAAQS). This 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 for the 2006-2008 and 2007-2009 monitoring periods. 
Preliminary data available for 2010 is consistent with continued 
attainment.
    Under the provisions of EPA's 8-hour ozone implementation rule, as 
a consequence of this determination the requirements for this area to 
submit an attainment demonstration, a reasonable further progress plan, 
contingency measures, and other planning State Implementation Plan 
(SIP) requirements related to attainment of the 1997 8-hour ozone 
NAAQS, are suspended for so long as the area continues to attain the 
1997 8-hour ozone NAAQS.

DATES: This final rule is effective October 12, 2010.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R06-OAR-2010-0113. 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., 
Confidential Business Information (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 (6PDL), 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, ``we,'' ``us,'' 
and ``our'' means EPA. This SUPPLEMENTARY INFORMATION section is 
arranged as follows:

I. What action is EPA taking?
II. What is the effect of this action?
III. Response to Comments
IV. Final Action
V. Statutory and Executive Order Reviews

I. What action is EPA taking?

    We are determining that the BR 8-hour ozone nonattainment area is 
currently attaining the 1997 8-hour ozone National Ambient Air Quality 
Standard (NAAQS). This 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 for the 2006-2008 
and 2007-2009 monitoring periods, and that preliminary data available 
for 2010 is consistent with continued attainment of the NAAQS.
    As a consequence of this determination, under the provisions of 
EPA's ozone implementation rule (see 40 CFR section 51.918), the 
requirements for this area to submit an attainment demonstration, a 
reasonable further progress plan (RFP), applicable contingency 
measures, and other planning State Implementation Plan (SIP) 
requirements related to attainment of the 1997 8-hour ozone NAAQS, are 
suspended for so long as the area continues to attain the 1997 8-hour 
ozone NAAQS.
    The rationale for our action is explained in the Notice of Proposed 
Rulemaking (NPR) published on June 25, 2010 (75 FR 36316) and in 
today's rulemaking. We received one comment in support of the proposal.

II. What is the effect of this action?

    Under the provisions of EPA's ozone implementation rule, 40 CFR 
51.918, the requirements for the State of Louisiana to submit an 
attainment demonstration, a RFP plan, contingency measures under 
sections 172(c)(9), and any other planning SIPS related to attainment 
of the 1997 8-hour ozone NAAQS are suspended for so long as the area 
continues to attain the 1997 8-hour standard.
    If EPA subsequently determines, after notice-and-comment rulemaking 
in the Federal Register, that the BR area has violated the 1997 8-hour 
ozone NAAQS, the basis for the suspension of the requirements would no 
longer exist, and EPA would take action to withdraw the determination 
and direct the area to address the suspended requirements.
    This final action does not constitute a redesignation to attainment 
under CAA section 107(d)(3), because we do 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 remain moderate nonattainment for the 1997 8-hour ozone NAAQS 
until such time as

[[Page 54779]]

EPA determines that it meets all the CAA requirements for redesignation 
to attainment.

III. Response to Comments

    EPA received one comment letter in response to the proposed 
rulemaking. The letter, submitted on behalf of the Louisiana Chemical 
Association, Louisiana Mid-Continent Oil and Gas Association, and the 
Baton Rouge Area Chamber of Commerce, expressed support for EPA's 
proposal.

IV. Final Action

    For the reasons set forth in the proposed rulemaking and in this 
final rulemaking, and based on upon complete, quality-assured, 
certified ambient air monitoring data showing the BR area has monitored 
attainment of the 1997 8-hour ozone NAAQS for the 2006-2008 and 2007-
2009 monitoring periods, and preliminary data for 2010 that is 
consistent with continued attainment, EPA is finalizing its 
determination that the BR area has attained the 1997 8-hour ozone 
standard. As provided in 40 CFR 51.918, the requirements for submitting 
the 1997 8-hour ozone attainment demonstration SIP, the RFP 
requirements, section 172(c)(9) contingency measures and any other 
planning SIPs related to attainment of the 1997 8-hour ozone NAAQS are 
suspended for so long as the area continues to attain the 1997 8-hour 
ozone standard.

V. Statutory and Executive Order Reviews

    This action makes a determination of attainment based upon air 
quality that results in suspensions of certain Clean Air Act 
requirements, and does not impose additional requirements. For that 
reason, this 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 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 there is no federally recognized Indian country located in the 
states, and EPA notes that it will not impose substantial direct costs 
on tribal governments or preempt tribal law.
    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 action 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 rules 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 these actions must be filed in the United States 
Court of Appeals for the appropriate circuit by November 8, 2010. 
Filing a petition for reconsideration by the Administrator of these 
final rules does not affect the finality of this action 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxides, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 25, 2010.
Al Armendariz,
Regional Administrator, Region 6.

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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

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2. Section 52.977 is amended by designating the existing undesignated 
paragraph as paragraph (a) and by adding a new paragraph (b) to read as 
follows:


Sec.  52.977  Control strategy and regulations: Ozone.

* * * * *
    (b) Determination of Attainment. Effective October 12, 2010 EPA has 
determined that the Baton Rouge 8-hour ozone nonattainment area has 
attained the 1997 8-hour ozone National Ambient Air Quality Standard 
(NAAQS). Under the provisions of 40 CFR 51.918 this determination 
suspends the requirements for this area to submit an attainment 
demonstration, a reasonable further progress plan, applicable 
contingency measures, and other planning Louisiana State Implementation 
Plan (SIP) requirements related to attainment of the 1997 8-hour ozone 
NAAQS for so long as the area continues to attain the 1997 8-hour ozone 
NAAQS.

[FR Doc. 2010-22341 Filed 9-8-10; 8:45 am]
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