[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Rules and Regulations]
[Pages 43490-43492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15748]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2016-0278 FRL-9948-60-Region 6]


Approval and Promulgation of Implementation Plans; Louisiana; 
Baton Rouge Nonattainment Area; Base Year Emissions Inventory for the 
2008 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the State Implementation Plan (SIP) submitted by 
the Louisiana Department of Environmental Quality (LDEQ) to address the 
emissions inventory (EI) requirement for the Baton Rouge ozone 
nonattainment area (BRNA) for the 2008 8-hour ozone National Ambient 
Air Quality Standards (NAAQS). The Clean Air Act (CAA) requires an EI 
for all ozone nonattainment areas. The inventory includes emission data 
for Nitrogen Oxides (NOX) and Volatile Organic Compounds 
(VOCs). EPA is approving the revisions pursuant to section 110 and part 
D of the CAA and EPA's regulations.

DATES: This rule is effective on September 6, 2016 without further 
notice, unless the EPA receives relevant adverse comment by August 4, 
2016. If the EPA receives such comment, the 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-
2016-0278, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Ms. Nevine Salem, 214-
665-7222, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Nevine Salem, 214-665-7222, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Ms. Salem or Mr. Bill Deese at 214-665-
7253.

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

I. Background

A. The 2008 Ozone National Ambient Air Quality Standards (NAAQS) and 
Emissions Inventory Requirements

    On March 12, 2008 EPA revised the eight-hour ozone NAAQS from 0.08 
part per million (ppm) to 0.075 ppm. (73 FR 16436, March 27, 2008). In 
2012, EPA designated nonattainment areas for the 2008 ozone NAAQS (2008 
ozone nonattainment areas) (77 FR 30088, May 21, 2012).\1\ The Baton 
Rouge area was designated as nonattainment areas for the 2008 ozone 
NAAQS. The BRNA consists of five parishes: Ascension, East Baton Rouge, 
Iberville, Livingston, and West Baton Rouge.
---------------------------------------------------------------------------

    \1\ On October 1, 2015, the EPA strengthened the ozone standard 
to 0.070 ppm (80 FR 65292, October 26, 2015). The EPA has not made 
area designations under this new standard and the emissions 
inventory under evaluation in this rulemaking does not address that 
standard.
---------------------------------------------------------------------------

    CAA sections 172(c)(3) and 182(a)(1), require states to develop and 
submit, as a SIP revision, an EI for all areas designated as 
nonattainment for the ozone NAAQS. An EI is an estimation of actual 
emissions of air pollutants in an area. Ground-level ozone, 
O3, is a gas that is formed by the reaction of volatile 
organic compounds (VOCs) and oxides of nitrogen (NOX) in the 
atmosphere in the presence of sunlight. (VOCs and NOX are 
referred to as ozone precursors). Therefore, an EI for ozone covers the 
emissions of VOC and NOX. These precursor emissions are 
emitted by many types of pollution sources, including power plants and 
industrial emissions sources, on-road and off-road motor vehicles and 
engines, smaller stationary sources, collectively referred to as 
nonpoint sources, and biogenic sources.\2\ The EI provides emissions 
data for a variety of air quality planning tasks including establishing 
baseline

[[Page 43491]]

emission levels, calculating federally required emission reduction 
targets needed to attain the NAAQS, determining emission inputs for 
ozone air quality simulation models, and tracking emissions over time 
to determine progress toward achieving air quality and emission 
reduction goals.
---------------------------------------------------------------------------

    \2\ Biogenic emissions are produced by living organisms and are 
typically not included in the base year emission inventories, but 
are considered in ozone modeling analyses, which must consider all 
emissions in a modeled area.
---------------------------------------------------------------------------

    As stated above, the CAA requires the states to submit EIs for 
areas designated as nonattainment for ozone. For the 2008 ozone NAAQS, 
EPA has recommended that states use 2011 as a base year for the 
emission estimates (78 FR 34178, 34190, June 6, 2013). However, EPA 
also allows states to submit base year emissions for other years during 
a recent ozone standard violation period. States are required to submit 
estimates of VOC and NOX emissions for four general classes 
of anthropogenic sources: stationary point sources; nonpoint sources; 
on-road mobile sources; and off-road mobile sources in their EIs.

B. Louisiana's Submittal

    In a letter dated May 2, 2016, the LDEQ submitted the 2011 base 
year inventory to the EPA as part of the BRNA designation and 
maintenance plan. The EPA reviewed the 2011 base year inventory and 
determined that it was developed in accordance with EPA guidelines. 
Table 1 summarizes the 2011 VOC and NOX base year emission 
for the BRNA area for a typical summer day (reflective of the summer 
period, when the highest ozone concentrations are expected in these 
ozone nonattainment areas).

    Table 1--Baton Rouge Nonattainment Area 2011 VOC and NOX Baseline
                           Emissions Inventory
                               [Tons/Day]
------------------------------------------------------------------------
                    Source type                        NOX        VOC
------------------------------------------------------------------------
Point.............................................       74.2       33.6
Nonpoint..........................................       17.1       82.6
Onroad Mobile.....................................       38.4       19.2
Nonroad Mobile....................................       27.3        8.7
------------------------------------------------------------------------
    Total.........................................      157.0      144.0
------------------------------------------------------------------------

C. CAA Requirements for the SIP Revision

    The primary CAA requirements pertaining to the SIP revision 
submitted by LDEQ are found in CAA sections 110(l), 172(c)(3) and 
182(a)(1). CAA section 110(l) requires that a SIP revision submitted to 
EPA be adopted by the State after reasonable notice and public hearing. 
Section 110(l) also prevents us from approving a SIP revision if the 
revision would interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable 
requirement of the CAA. CAA sections 172(c)(3) and 182(a) requires a 
SIP revision that is a comprehensive, accurate, current inventory of 
actual emissions from all sources.

II. EPA's Evaluation

    EPA has reviewed the revision for the consistency with the 
requirements of EPA regulations. A summary of EPA's analysis is 
provided below. For a full discussion of our evaluation, please see our 
TSD.
    CAA sections 172 (c)(3) and 182(a)(1) require an inventory of 
actual emissions from all sources of relevant pollutants in the 
nonattainment areas. EPA specified in the 2008 ozone standard SIP 
requirements rule that the states should use 2011 as a base year for EI 
SIPs to address the EI requirements. LDEQ has developed a 2011 base 
year emissions inventory for the Baton Rouge nonattainment areas. The 
2011 base year emissions includes all point, nonpoint, non-road mobile, 
and on-road mobile source emissions in BRNA. LDEQ utilized data from 
the US EPA 2011 National Emissions Inventory (NEI), Version 2 as the 
baseline emissions inventory to identify the level of emissions in the 
area during the period of monitored attainment and satisfy the 
requirement of section 182(a)(1).
    EPA reviewed the emission inventory and determined that it is 
approvable because it was developed in accordance with EPA guidance on 
emission inventory preparation. The inventory is a comprehensive, 
accurate, and current inventory of actual emissions for all relevant 
sources in accordance with CAA sections 172(c)(3) and 182(a)(1). 
Additionally we found that (1) LDEQ adopted after reasonable notice and 
public hearing and (2) approval would not interfere with any applicable 
requirement concerning attainment and reasonable further progress or 
any other applicable requirement of the CAA. A technical support 
document (TSD) was prepared which details our evaluation. Our TSD may 
be accessed online at www.regulations.gov, Docket No. EPA-R06-OAR-2016-
0278.

III. Final Action

    We are approving a Louisiana SIP revision submitted to address the 
emissions inventory requirement for the Baton Rouge 2008 ozone NAAQS 
nonattainment area. The inventory we are proposing to approve is listed 
in table 1 above.
    We are 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 September 6, 2016 
without further notice unless we receive relevant adverse comment by 
August 4, 2016. If we receive relevant 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 
relevant 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.

IV. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. 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 (Public Law 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);

[[Page 43492]]

     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 CAA; 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, the SIP is not approved to apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
proposed rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
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. The 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 September 6, 2016. 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, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: June 22, 2016.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 second table in paragraph (e) is amended by 
adding the entry ``2011 Emissions Inventory for the 2008 Ozone NAAQS'' 
at the end of the table to read as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (e) * * *

                 EPA Approved Louisiana Non-Regulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                       Applicable           State
      Name of SIP provision          geographic or     submittal  date/  EPA Approval date       Explanation
                                   nonattainment area  effective  date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2011 Emissions Inventory for the  Baton Rouge Ozone            5/2/16   7/5/16 [Insert
 2008 Ozone NAAQS.                 Nonattainment Area.                   Federal Register
                                                                         citation].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-15748 Filed 7-1-16; 8:45 am]
 BILLING CODE 6560-50-P