[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Rules and Regulations]
[Pages 95051-95052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30776]



[[Page 95051]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R06-OAR-2016-0293; FRL-9956-92-Region 6]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Louisiana; Redesignation of 
Baton Rouge 2008 8-Hour Ozone Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act) the 
Environmental Protection Agency (EPA) is approving the State of 
Louisiana's request to redesignate the five-parish Baton Rouge 
Nonattainment Area (BRNA or Area) for the 2008 8-hour ozone National 
Ambient Air Quality Standards (NAAQS or standard) to attainment. EPA is 
also approving a State Implementation Plan (SIP) revision containing a 
maintenance plan for the area, including motor vehicle emission budgets 
(MVEBs) for nitrogen oxides (NOX) and volatile organic 
compounds (VOC) for the years 2022 and 2027. EPA has determined that 
the BRNA is continuing to attain the 2008 ozone NAAQS and has met the 
CAA criteria for redesignation to attainment.

DATES: This rule is effective on January 26, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2016-0293. 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, e.g., 
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 EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Wendy Jacques, (214) 665-7395, 
[email protected].

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

I. Background

    The background for this action is discussed in detail in our 
November 4, 2016 proposal (81 FR 76891). In that document we proposed 
to determine that the BRNA continues to attain the 2008 ozone NAAQS; to 
approve into the SIP Louisiana's plan for maintaining the 2008 ozone 
NAAQS (maintenance plan), including the associated MVEBs; and to 
redesignate the BRNA to attainment for the 2008 ozone NAAQS. We did not 
receive any comments regarding our proposal.

II. What are the effects of EPA's final action?

    Approval of Louisiana's redesignation request changes the legal 
designation of the BRNA as found at 40 CFR part 81, from nonattainment 
to attainment for the 2008 ozone NAAQS. Approval of Louisiana's 
associated SIP revision also incorporates a plan for maintaining the 
2008 ozone NAAQS in the BRNA through 2027 into the SIP. This 
maintenance plan includes contingency measures to remedy any future 
violations of the 2008 ozone NAAQS and procedures for evaluation of 
potential violations. The maintenance plan also establishes 
NOX and VOC MVEBs for 2022 and 2027 for the Baton Rouge 
Area. The MVEBs, in tons per day (tpd) are listed in Table 1.

                 Table 1--MVEBs for the Baton Rouge Area
                                  [tpd]
------------------------------------------------------------------------
                     Year                           NOX          VOC
------------------------------------------------------------------------
2022..........................................        14.37        13.19
2027..........................................        10.95        11.55
------------------------------------------------------------------------

III. Final Action

    We are approving the State of Louisiana's request to redesignate 
the BRNA for the 2008 8-hour ozone NAAQS to attainment; and the 
associated maintenance plan SIP revision for the area, including 
NOX and VOC MVEBs for the years 2022 and 2027. We have 
determined that the BRNA is continuing to attain the 2008 ozone NAAQS 
and has met the CAA criteria for redesignation from nonattainment to 
attainment for the 2008 ozone NAAQS.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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, 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 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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

[[Page 95052]]

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 February 27, 2017. 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 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: December 16, 2016.
Samuel Coleman,
Acting 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(e) the second table titled ``EPA-Approved Louisiana 
Nonregulatory Provisions and Quasi-Regulatory Measures'' is amended by 
adding an entry at the end for ``2008 8-hour Ozone NAAQS Redesignation 
Request and Maintenance Plan'' to read as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (e) * * *

                  EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
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                                                                State
       Name of SIP provision        Applicable geographic    submittal/      EPA approval date      Explanation
                                    or nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2008 8-hour Ozone NAAQS             Baton Rouge Area.....        5/2/2015  12/27/2016, [Insert
 Redesignation Request and                                                  Federal Register
 Maintenance Plan.                                                          citation].
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

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

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

0
4. In Sec.  81.319, the table entitled ``Louisiana-2008 8-Hour Ozone 
NAAQS (Primary and secondary)'' is amended by revising the entry for 
``Baton Rouge, LA'' to read as follows:


Sec.  81.319  Louisiana.

* * * * *

                                       Louisiana--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
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                                                    Designation                           Classification
         Designated area          ------------------------------------------------------------------------------
                                           Date \1\                  Type            Date \1\          Type
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Baton Rouge, LA \2\..............  12/27/2016, [Insert       Attainment.........      12/27/2016
                                    Federal Register
                                    citation].
    Ascension Parish.
    East Baton Rouge Parish.
    Iberville Parish.
    Livingston Parish.
    West Baton Rouge Parish.
 
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\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

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[FR Doc. 2016-30776 Filed 12-23-16; 8:45 am]
 BILLING CODE 6560-50-P