[Federal Register Volume 76, Number 230 (Wednesday, November 30, 2011)]
[Rules and Regulations]
[Pages 74000-74003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30785]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R06-OAR-2010-0776; FRL-9498-2]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning; Louisiana; Baton Rouge Area: 
Redesignation to Attainment for the 1997 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking final action to approve the State of Louisiana's 
request to redesignate the Baton Rouge, Louisiana moderate 1997 8-hour 
ozone nonattainment area to attainment of the 1997 8-hour ozone 
standard. As a part of this action, EPA is also approving, as a 
revision to the Louisiana State Implementation Plan (SIP), the state's 
1997 8-hour ozone maintenance plan with a 2022 Motor Vehicle Emissions 
Budget (MVEB) for the Baton Rouge Nonattainment Area (BRNA or BR), 
revisions to the Louisiana SIP that meet the Reasonably Available 
Control Technology (RACT) requirements (for nitrogen oxides 
(NOX) and volatile organic compounds (VOCs)) for the 1-hour 
and 1997 8-hour ozone standard requirements, and a state rule 
establishing a maintenance plan contingency measure. EPA finds that 
with this final approval the area has a fully approved SIP that meets 
all of its applicable 1997 8-hour ozone requirements and 1-hour anti-
backsliding requirements under section 110 and Part D of the Federal 
Clean Air Act (CAA or Act) for purposes of redesignation.

DATE: This rule is effective December 30, 2011.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R06-OAR-2010-0776. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed 
in the index, some information is not publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the Air Planning Section, Air Planning Branch, 
Multimedia Planning and Permitting Division, U.S. Environmental 
Protection Agency, Region 6, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business is Monday through Friday, 8:30 to 4:30, excluding Federal 
holidays.

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 number (214) 665-7263; email address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' means EPA.

Table of Contents

I. What is the background for this rule?
II. What comments did we receive on the proposed rule?
III. What actions is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this rule?

    The background for today's action is discussed in detail in EPA's 
August 30, 2011, proposal to approve Louisiana's redesignation request 
(76 FR 53853). In that proposed action, we noted that, under EPA 
regulations at 40 CFR part 50, the 1997 8-hour ozone standard is 
attained when the three-year average of the annual fourth-highest daily 
maximum 8-hour average ozone concentrations is less than or equal to 
0.08 parts per million (ppm) (see 69 FR 23858, April 30, 2004, for more 
information). Under the CAA, EPA may redesignate a nonattainment area 
to attainment if sufficient complete, quality-assured data are 
available to determine that the area has attained the standard and if 
it meets the other CAA redesignation requirements in section 
107(d)(3)(E).
    The LDEQ, on August 31, 2010, submitted a request \1\ to 
redesignate the Baton Rouge area to attainment for the 1997 8-hour 
ozone standard. EPA has previously determined that the BRNA ozone 
nonattainment area attained both the 1997 8-hour and 1-hour ozone 
standards. The EPA determined that the BRNA had attained the 1997 8-
hour ozone standard on September 8, 2010, at 75 FR 54779. Complete, 
quality-assured monitoring data for 2006-2010 also show that the area 
continues to attain the 1997 8-hour ozone standard. EPA also determined 
that the BR area met the 1-hour ozone standard on February 10, 2010 (75 
FR 6570). This determination was also based on complete, quality-
assured, and certified ambient air quality monitoring data for the 
2006-2008 ozone seasons, as well as certified data for 2009 and 2010 
that indicate the area continues to attain the 1-hour ozone NAAQS. 
Preliminary data available for the 2011 ozone season indicate that the 
area continues to be in attainment for both ozone standards.\2\
---------------------------------------------------------------------------

    \1\ The submittal was supplemented by technical amendments on 
February 14, 2011, May 16, 2011, and June 6, 2011. All submitted 
documents are in the docket for this rulemaking.
    \2\ On September 22, 2011, EPA moved ahead to implement the 2008 
8-hour ozone standard of 0.075 ppm. Memorandum from Gina McCarthy to 
Air Division Directors, Regions 1-10. EPA will continue to work with 
the state to implement this new standard.
---------------------------------------------------------------------------

    Our proposed rule and Technical Support Document provide a detailed 
analysis of how Louisiana met the redesignation requirements and other 
CAA requirements. The state's Control Techniques Guidelines rule upon 
which this action depends, was signed on November 7, 2011, and will be 
published in a separate rulemaking. Implementation of Reformulated 
Gasoline (RFG) in the Baton Rouge 5-parish area remains stayed by court 
order. Implementation of RFG is not required for purposes of 
redesignation.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period, which closed on 
September 29, 2011. EPA received 3 comment letters in response to the 
proposed rulemaking, submitted on behalf of the Louisiana Chemical 
Association, Louisiana Mid-Continent Oil and Gas Association, and the 
Baton Rouge Area Chamber of Commerce, that expressed overall support 
for EPA's

[[Page 74001]]

proposed approval to redesignate the BR ozone nonattainment area to 
attainment for the 1997 8-hour ozone standard. The comment letters are 
available for review in the docket for this rulemaking.

III. What actions is EPA taking?

    EPA is taking final action to approve several related actions under 
the Act for the BR ozone nonattainment area, consisting of Ascension, 
East Baton Rouge, Iberville, Livingston, and West Baton Rouge Parishes. 
Consistent with the Act, EPA is taking final action to approve a 
request from the state of Louisiana to redesignate the BRNA to 
attainment of the 1997 8-hour ozone standard.
    EPA is taking final action to approve into the SIP, as meeting 
section 175A and 107(d)(3)(E)(iv) of the Act, Louisiana's maintenance 
plan for the BR area for the 1997 8-hour ozone NAAQS. The maintenance 
plan shows maintenance of the standard through 2022. Additionally, EPA 
has found adequate and is approving the 2022 MVEBs for NOX 
and VOC. The submitted NOX and VOC MVEB for the BR area is 
defined in Table 1 below.

                        Table 1--NOX and VOC MVEB
                      [Summer season tons per day]
------------------------------------------------------------------------
                           Pollutant                               2022
------------------------------------------------------------------------
NOX............................................................     6.96
VOC............................................................     7.55
------------------------------------------------------------------------

    We are also taking final action to approve a contingency measure 
for the maintenance plan.
    Consequently, EPA is taking final action to approve the State's 
request to redesignate the area from nonattainment to attainment for 
the 1997 8-hour ozone NAAQS. After evaluating Louisiana's redesignation 
request, EPA has determined that with this final approval of the above-
identified SIP elements and the maintenance plan, the area meets the 
redesignation criteria set forth in section 107(d)(3)(E) and section 
175A of the Act. The final approval of this redesignation request 
changes the official designation in 40 CFR part 81 for the BR area from 
nonattainment to attainment for the 1997 8-hour ozone standard.
    We find that the BR area meets all the applicable CAA requirements 
for purposes of redesignation of the 1997 8-hour standard that includes 
all of the antibacksliding CAA requirements for the BR 1-hour severe 
ozone nonattainment area. Therefore, along with this final 
redesignation to attainment for the 1997 8-hour ozone standard and our 
previous determination of attainment of the 1-hour ozone standard, the 
1-hour anti-backsliding obligations to submit planning SIPs to meet the 
attainment demonstration reasonably available control measures (RACM) 
requirements, ROP and contingency measures requirements, cease to 
apply. In addition, after final redesignation to attainment for the 
1997 8-hour ozone standard, EPA does not require the continued 
application of nonattainment New Source Review. Louisiana's Prevention 
of Significant Deterioration (PSD) program can apply in the Baton Rouge 
area so long as Louisiana interprets its SIP as applying PSD to the 
BRNA in these circumstances. As we noted in the proposal, Louisiana's 
PSD program will become effective in BRNA upon redesignation to 
attainment unless a SIP revision is necessary; then it must adopt and 
submit that to EPA for action.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, redesignation of an area to attainment and 
the accompanying approval of a maintenance plan under section 
107(d)(3)(E) are actions that affect the status of a geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those imposed by State law. A redesignation to attainment does 
not in and of itself create any new requirements, but rather results in 
the applicability of requirements contained in the Clean Air Act for 
areas that have been redesignated to attainment. Moreover, the 
Administrator is required to approve a SIP submission that complies 
with the provisions of the Act and applicable Federal regulations. 42 
U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, 
EPA's role is to approve State choices, provided that they meet the 
criteria of the Clean Air Act. Accordingly, these actions merely do not 
impose additional requirements beyond those imposed by State law and 
the Clean Air Act. For that reason, these actions:
     Are not ``significant regulatory actions'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are 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);
     Are 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
     Do 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.
    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 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 December 20, 2010. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time

[[Page 74002]]

within which a petition for judicial review may be filed, and shall not 
postpone the effectiveness of such rule or action. This action may not 
be challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: November 7, 2011.
Al Armendariz,
Regional Administrator, Region 6.

    40 CFR parts 52 and 81 are 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. Section 52.970 is amended as follows:
0
a. The table in paragraph (c) entitled, ``EPA Approved Louisiana 
Regulations in the Louisiana SIP'' is amended under Chapter 22, Control 
of Emissions of Nitrogen Oxides (NOX), by adding a new entry 
for Section 2201, and, immediately following the entry for Section 
2201.H.3, by adding a new entry for Section 2202;
0
b. The second table in paragraph (e) entitled, ``EPA-Approved Louisiana 
Nonregulatory Provisions and Quasi-Regulatory Measures'' is amended by 
adding a new entry at the end.
    The additions read as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (c) * * *

                             EPA-Approved Louisiana Regulations in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
                                                        State approval
          State citation              Title/subject          date        EPA approval date         Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            Chapter 22--Control of Emissions of Nitrogen Oxides (NOX)
----------------------------------------------------------------------------------------------------------------
Section 2201.....................  Affected Facilities       1/20/2010  11/30/11, [Insert    Revisions to
                                    in the Baton Rouge                   FR page number       Section 2201
                                    Nonattainment Area                   where document       approved in the
                                    and the Region of                    begins].             Louisiana Register
                                    Influence.                                                January 20, 2010
                                                                                              (LR 36:60).
 
                                                  * * * * * * *
Section 2202.....................  Contingency Plan...       1/20/2010  11/30/11, [Insert    Section 2202
                                                                         FR page number       approved in the
                                                                         where document       Louisiana Register
                                                                         begins].             January 20, 2010
                                                                                              (LR 36:63).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (e) * * *
* * * * *

                  EPA-Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                       Applicable           State
     Name of SIP  provision          geographic or     submittal date/   EPA approval date       Explanation
                                   nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Baton Rouge Ozone Nonattainment   Baton Rouge, LA....       8/31/2010  11/30/11, [Insert FR
 Area Redesignation Request and                                         page number where
 Maintenance Plan.                                                      document begins].
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.977 is amended by adding paragraph (d) to read as 
follows:


Sec.  52.977  Control strategy and regulations: Ozone.

* * * * *
    (d) Redesignation for the 1997 8-hour Ozone Standard. Effective 
December 30, 2011, EPA has redesignated the Baton Rouge area to 
attainment for the 1997 8-hour ozone standard. With this final 
redesignation to attainment for the 1997 8-hour ozone NAAQS and the 
final determination of attainment for the 1-hour ozone NAAQS in 
paragraph (a) of this section, the 1-hour anti-backsliding obligations 
to submit planning SIPs to meet the attainment demonstration and 
reasonably available control measures requirements, the rate of 
progress and contingency measures requirements, and any other 
outstanding 1-hour requirements, cease to apply.

PART 81--[AMENDED]

0
4. The authority citation for part 81 continues to read as follows:

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


0
5. In Sec.  81.319, the table entitled, ``Louisiana--Ozone (8-Hour 
Standard)''

[[Page 74003]]

is amended by: revising the entries for Baton Rouge Area; and adding a 
new footnote 2 at the end of the table.
    The revisions and addition read as follows:


Sec.  81.319  Louisiana.

* * * * *

                                       Louisiana--Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
                                           Designation \a\                       Category/classification
       Designated area       -----------------------------------------------------------------------------------
                                    Date \1\               Type               Date \1\               Type
----------------------------------------------------------------------------------------------------------------
Baton Rouge Area:
    Ascension Parish........               (\2\)          Attainment.
    East Baton Rouge Parish.               (\2\)          Attainment.
    Iberville Parish........               (\2\)          Attainment.
    Livingston Parish.......               (\2\)          Attainment.
    West Baton Rouge Parish.               (\2\)          Attainment.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ Effective December 30, 2011.

* * * * *

[FR Doc. 2011-30785 Filed 11-29-11; 8:45 am]
BILLING CODE 6560-50-P