Determination of Nonattainment and Reclassification of the Baton Rouge 8-Hour Ozone Nonattainment Area; State of Louisiana, 15087-15092 [E8-5663]
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15087
Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations
OAC 3745–18–43 (Hocking), OAC 3745–
18–44 (Holmes), OAC 3745–18–45
(Huron), OAC 3745–18–46 (Jackson),
OAC 3745–18–48 (Knox), OAC 3745–
18–51 (Licking), OAC 3745–18–52
(Logan), OAC 3745–18–55 (Madison),
OAC 3745–18–58 (Medina), OAC 3745–
18–59 (Meigs), OAC 3745–18–60
(Mercer), OAC 3745–18–62 (Monroe),
OAC 3745–18–64 (Morgan)—except for
one paragraph approved later (OP
Muskingum River), OAC 3745–18–65
(Morrow), OAC 3745–18–67 (Noble),
OAC 3745–18–70 (Perry), OAC 3745–
18–73 (Portage), OAC 3745–18–74
(Preble), OAC 3745–18–75 (Putnam),
OAC 3745–18–86 (Union), OAC 3745–
18–88 (Vinton), OAC 3745–18–89
(Warren), OAC 3745–18–92 (Williams),
and OAC 3745–18–94 (Wyandot);
(ii) Rules as effective in Ohio on
October 1, 1982: OAC 3745–18–64 (B)
(OP Muskingum River in Morgan
County);
(iii) Rules as effective in Ohio on May
11, 1987: OAC 3745–18–19(B) (CG&E
Beckjord);
(iv) Rules as effective in Ohio on
October 31, 1991: OAC 3745–18–04
(D)(7), (D)(8)(a) to (D)(8)(e), (E)(5),
(E)(6)(a), (E)(6)(b), (F), and (I)
(measurement methods);
(v) Rules as effective in Ohio on July
25, 1996: OAC 3745–18–47 (Jefferson);
(vi) Rules as effective in Ohio on
March 21, 2000: OAC 3745–18–04(D)(8),
(D)(9), and (E)(7) (measurement
methods), OAC 3745–18–22
(Coshocton), OAC 3745–18–33 (Gallia),
and OAC 3745–18–71 (Pickaway);
(vii) Rules as effective in Ohio on
September 1, 2003: OAC 3745–18–04(F)
and (J) (measurement methods), and
OAC 3745–18–56 (Mahoning);
(viii) Rules as effective in Ohio on
January 23, 2006: OAC 3745–18–01
(definitions), OAC 3745–18–02 (air
quality standards), OAC 3745–18–03
(compliance dates), OAC 3745–18–06
(general provisions), OAC 3745–18–07
(Adams), OAC 3745–18–10 (Ashtabula),
OAC 3745–18–11 (Athens), OAC 3745–
18–12 (Auglaize), OAC 3745–18–17
(Champaign), OAC 3745–18–18 (Clark),
OAC 3745–18–28 (Erie), OAC 3745–18–
29 (Fairfield), OAC 3745–18–31
(Franklin), OAC 3745–18–34 (Geauga),
OAC 3745–18–35 (Greene), OAC 3745–
18–37 (Hamilton), OAC 3745–18–38
(Hancock), OAC 3745–18–49 (Lake),
OAC 3745–18–50 (Lawrence), OAC
3745–18–53 (Lorain), OAC 3745–18–57
(Marion), OAC 3745–18–61 (Miami),
OAC 3745–18–63 (Montgomery), OAC
3745–18–66 (Muskingum), OAC 3745–
18–68 (Ottawa), OAC 3745–18–69
(Paulding), OAC 3745–18–72 (Pike),
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3745–18–77 (Ross), OAC 3745–18–78
(Sandusky), OAC 3745–18–79 (Scioto),
OAC 3745–18–80 (Seneca), OAC 3745–
18–81 (Shelby), OAC 3745–18–83
(Summit), OAC 3745–18–84 (Trumbull),
OAC 3745–18–85 (Tuscarawas), OAC
3745–18–87 (Van Wert), OAC 3745–18–
90 (Washington), OAC 3745–18–91
(Wayne), and OAC 3745–18–93 (Wood);
(ix) Rules as effective in Ohio on
March 27, 2006: OAC 3745–18–08
(Allen), OAC 3745–18–15 (Butler), OAC
3745–18–24 (Cuyahoga), and OAC
3745–18–54 (Lucas); and
(x) Rule as effective in Ohio on
December 8, 2007: OAC 3745–18–82
(Stark).
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§ 52.1882
[Removed and Reserved]
4. Section 52.1882 is removed and
reserved.
I
PART 81—[AMENDED]
5. The authority citation for part 81
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart C—Section 107 Attainment
Status Designations
6. The table in § 81.336 entitled
‘‘Ohio—SO2’’ is amended by removing
the three footnotes and revising the
entries for Summit and Trumbull
Counties to read as follows:
I
§ 81.336
Ohio.
OHIO.—SO2
Does not meet
primary
standards
Designated area
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Summit County .................................................................................................
Trumbull County ...............................................................................................
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ACTION:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
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[EPA–R06–OAR–2007–0967; FRL–8544–6]
Determination of Nonattainment and
Reclassification of the Baton Rouge 8Hour Ozone Nonattainment Area; State
of Louisiana
Environmental Protection
Agency (EPA).
AGENCY:
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Final rule.
SUMMARY: EPA is finalizing its finding
that the Baton Rouge ‘‘marginal’’ 8-hour
ozone nonattainment area (hereinafter
referred to as the Baton Rouge area) did
not attain the 8-hour ozone national
ambient air quality standard (NAAQS or
standard) by June 15, 2007, the
attainment deadline set forth in the
Clean Air Act (CAA or the Act) and
Code of Federal Regulations (CFR) for
‘‘marginal’’ nonattainment areas. By
operation of law, the Baton Rouge area
is to be reclassified from a ‘‘marginal’’
to a ‘‘moderate’’ 8-hour ozone
nonattainment area on the effective date
of this rule. The new attainment
deadline for the reclassified Baton
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Better than
national
standards
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[FR Doc. E8–5666 Filed 3–20–08; 8:45 am]
BILLING CODE 6560–50–P
Does not meet
secondary
standards
X
X
Rouge nonattainment area is ‘‘as
expeditiously as practicable’’ but no
later than June 15, 2010. In addition,
EPA is requiring Louisiana to submit
State Implementation Plan (SIP)
revisions addressing the CAA’s
pollution control requirements for
‘‘moderate’’ 8-hour ozone
nonattainment areas no later than
January 1, 2009.
This final rule is effective on
April 21, 2008.
DATES:
EPA has established a
docket for this action under Docket
Identification No. EPA–R06–OAR–
2007–0967. All documents in the docket
are listed on the www.regulations.gov,
Web site. Although listed in the index,
ADDRESSES:
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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
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L), U.S.
Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Dallas,
Texas 75202–2733. The file will be
made available by appointment for
public inspection 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.
The State submittal is also available
for public inspection at the State Air
Agency listed below during official
business hours by appointment:
Louisiana Department of Environmental
Quality (LDEQ), the Galvez Building,
602 N. Fifth Street, Baton Rouge,
Louisiana 70802.
FOR FURTHER INFORMATION CONTACT:
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.
SUPPLEMENTARY INFORMATION:
Background
A complete description of the 8-hour
designation process for the Baton Rouge
area can be found in the proposal for
this rulemaking at 72 FR 61315, October
30, 2007. In addition, under § 51.908 of
the Code of Federal Regulations, states
containing areas classified as
‘‘marginal’’ non-attainment for the 8hour ozone standard were not required
to submit attainment demonstration
SIPs. However, states were required to
submit other SIP elements, as required
by Subpart 2 of the Act, that included
the following: submitting an emission
inventory within two years and periodic
inventories every three years thereafter,
reasonably available control technology
corrections, and retaining a vehicle
inspection and maintenance program
that may have previously been in place.
Baton Rouge has met these requirements
for a ‘‘marginal’’ nonattainment area
under the 8-hour standard and the 1hour standard.
Table of Contents
I. What Does This Action Do?
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II. What Does the CAA Say About
Determination of Nonattainment and
Reclassification, and How Does It Apply
to the Baton Rouge Area?
III. What Is the Area’s New Classification?
IV. What Is the New Attainment Date for the
Baton Rouge Area?
V. When Must Louisiana Submit SIP
Revisions Fulfilling the Requirements for
8-Hour Ozone Nonattainment Areas?
VI. What Comments Were Received on the
Proposed Rule?
VII. Final Action
VIII. Administrative Requirements
I. What Does This Action Do?
On October 30, 2007, EPA proposed
its finding that the Baton Rouge ozone
nonattainment area did not attain the 8hour NAAQS by the applicable
attainment date (72 FR 61315). The
proposed finding was based upon
ambient air quality data from the years
2004–2006. These data showed that the
8-hour NAAQS of 0.08 ppm (i.e., 0.084
ppm when rounding is considered) had
been exceeded based on the 3-year
average of the annual fourth highest
daily maximum 8-hour average ambient
air quality ozone concentration and that
the area did not qualify for an
attainment date extension under section
181(a)(5) of the Act. We also proposed
to determine that the appropriate
reclassification of the area was to
‘‘moderate.’’
This action finalizes our finding that
the Baton Rouge area did not attain the
8-hour ozone NAAQS by June 15, 2007,
as prescribed in section 181 of the Act,
and as detailed in EPA’s final
designations rule published on April 30,
2004 (69 FR 23857). It also fulfills EPA’s
duty pursuant to section 181(b)(2) of the
Act. In addition, this action sets the
dates by which Louisiana must submit
SIP revisions addressing the CAA’s
pollution control requirements for
‘‘moderate’’ ozone nonattainment areas
and attain the 8-hour NAAQS for ozone.
EPA’s rulemaking actions are to be
effective [30] days from publication in
the Federal Register.
II. What Does the CAA Say About
Determination of Nonattainment and
Reclassification, and How Does it
Apply to the Baton Rouge Area?
Under sections 107(d)(1)(c) and 181(a)
of the Act, the Baton Rouge area was
designated nonattainment for the 8-hour
ozone NAAQS and classified as
‘‘marginal’’ based on its design value of
0.086 ppm in 2004. These
nonattainment designations and
classifications are codified in 40 CFR
Part 81 (See 69 FR 23857, April 30,
2004). In addition, states containing
areas that were classified as ‘‘marginal’’
nonattainment were required to submit
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SIPs to provide for certain controls and
submit emission inventories. The Baton
Rouge area met these requirements by
submitting an updated emission
inventory. As a ‘‘severe’’ nonattainment
area under the 1-hour standard, the area
was already implementing ‘‘marginal’’
area requirements in Subpart 2 of the
Act. No attainment demonstrations were
required, but attainment of the standard
was required to be achieved by June 15,
2007.
Section 181(b)(2)(A) of the Act
specifies that:
Within 6 months following the
applicable attainment date (including
any extension thereof) for an ozone
nonattainment area, the Administrator
shall determine, based on the area’s
design value (as of the attainment date),
whether the area attained the standard
by that date. Except for any Severe or
Extreme areas, any area that the
Administrator finds has not attained the
standard by that date shall be
reclassified by operation of law in
accordance with table 1 of subsection (a)
to the higher of—
a. The next higher classification for
the area, or
b. The classification applicable to the
area’s design value as determined at the
time of the notice required under
subparagraph (B).
No area shall be reclassified as
Extreme under clause (ii).
Furthermore, section 181(b)(2)(B) of
the Act provides that:
The Administrator shall publish a
notice in the Federal Register no later
than 6 months following the attainment
date, identifying each area that the
Administrator has determined under
subparagraph (A) as having failed to
attain and identifying the
reclassification, if any, described under
subparagraph (A).
On October 30, 2007, EPA proposed
its finding that the Baton Rouge area did
not attain the 8-hour ozone standard by
the applicable date (72 FR 61315). The
proposed finding was based upon
ambient ozone concentration data for
the period 2004–2006, from monitoring
sites in the Baton Rouge area that
recorded a 3-year average of the annual
fourth highest daily maximum 8-hour
average ambient air quality ozone
concentration that exceeded the
standard. You may refer to the proposal
to review these values which are
presented in ‘‘Table 1.—Baton Rouge
Area Fourth Highest 8-Hour Ozone
Concentrations and Design Values
(ppm).’’
The air quality data in Table 1 were
available for comment in our October
30, 2007, proposed finding of the area’s
failure to attain the ozone NAAQS. We
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received no comments pertaining to
these data. Therefore, pursuant to
section 181(b)(2)(B) of the CAA, we
hereby finalize our determination that
the Baton Rouge area did not attain the
8-hour standard by the June 15, 2007,
attainment date.
III. What Is The Area’s New
Classification?
Section 181(b)(2)(A) of the Act
requires that, when an area is
reclassified for failure to attain, its
reclassification be the higher of either
the next higher classification or the
classification applicable to the area’s
ozone design value at the time the
notice of reclassification is published in
the Federal Register. Section
181(b)(2)(B) requires EPA to publish in
the Federal Register a notice identifying
the appropriate reclassification for the
area in accordance with section
181(b)(2)(A). The classification that
would be applicable to the Baton Rouge
area’s design value at the time of today’s
final rule is ‘‘marginal’’ because the
area’s 2006 calculated design value,
based on quality-assured ozone
monitoring data from 2004–2006, is
0.091 ppm. By contrast, the next higher
classification for the Baton Rouge area is
‘‘moderate.’’ As EPA explained in the
proposal, because ‘‘moderate’’ is a
higher classification than ‘‘marginal’’
under the CAA statutory scheme, upon
the effective date of this final
rulemaking, the Baton Rouge area is
reclassified by operation of law as
‘‘moderate.’’
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IV. What is the New Attainment Date
for the Baton Rouge Area?
Under section 181(a)(1) of the Act, the
new attainment deadline for ‘‘marginal’’
ozone nonattainment areas, reclassified
to ‘‘moderate’’ under section 181(b)(2),
would generally be as ‘‘expeditious as
practicable’’ but no later than the date
applicable to the new classification, i.e.,
June 15, 2010. The ‘‘as expeditiously as
practicable’’ attainment date will be
determined as part of the action on the
required SIP submittal demonstrating
attainment of the 8-hour ozone
standard.
V. When Must Louisiana Submit SIP
Revisions Fulfilling the Requirements
for 8-Hour Ozone Nonattainment
Areas?
Under section 181(a)(1) of the Act, the
attainment deadline for ‘‘marginal’’
ozone nonattainment areas reclassified
to ‘‘moderate’’ under section 181(b)(2) is
as ‘‘expeditiously as practicable’’ but no
later than June 15, 2010. Under section
182(i) of the Act, such areas are required
to submit SIP revisions addressing the
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‘‘moderate’’ area requirements for 8hour ozone NAAQS. Pursuant to 40 CFR
51.908(d), for each nonattainment area,
a state must provide for the
implementation of all control measures
needed for attainment no later than the
beginning of the attainment year ozone
season. The attainment year ozone
season is the ozone season immediately
preceding a nonattainment area’s
attainment date, in this case 2009 (40
CFR 51.900(g)). The ozone season is the
ozone monitoring season defined in 40
CFR Part 58, Appendix D, section 4.1,
Table D–3 (71 FR 61236, October 17,
2006). For the purpose of
reclassification of the Baton Rouge
nonattainment area, January 1, 2009, is
the beginning of the ozone monitoring
season. As a result, EPA is requiring that
the required SIP revisions be submitted
by Louisiana as ‘‘expeditiously as
practicable,’’ but no later than January 1,
2009. This timeline also calls for
implementation of applicable controls
no later than January 1, 2009. (See 72 FR
61318).
The area was previously required to
submit the requirements for ‘‘marginal’’
areas and under section 182(b) of the
Act, remains required to meet them, and
now must meet the requirements for
‘‘moderate’’ areas as well.
A revised SIP must include, among
other things, the following ‘‘moderate’’
area requirements: (1) An attainment
demonstration (40 CFR 51.908), (2)
provisions for reasonably available
control technology and reasonably
available control measures (40 CFR
51.912), (3) reasonable further progress
reductions in volatile organic
compound (VOC) and nitrogen oxide
(NOX) emissions (40 CFR 51.910), (4)
contingency measures to be
implemented in the event of failure to
meet a milestone or attain the standard
(CAA 172(c)(9)). See also the
requirements for ‘‘moderate’’ ozone
nonattainment areas set forth in CAA
section 182(b). Since the Baton Rouge
area also is a 1-hour ozone
nonattainment area, the anti-backsliding
requirements of the 8-hour ozone
implementation rule at 40 CFR 51.900
and 51.905 apply too. See also S. Coast
Air Quality Management District v.
Environmental Protection Agency, 472
F.3d 882 (DC Cir. 2006), reh’g denied,
489 F.3d 1245 (DC Cir. 2007).
VI. What Comments Were Received on
the Proposed Rule?
EPA received no comments from the
public on the Notice of Proposed
Rulemaking published on October 30,
2007 (72 FR 61315), Determination of
Nonattainment and Reclassification of
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15089
the Baton Rouge 8-Hour Ozone
Nonattainment Area; State of Louisiana.
VII. Final Action
Pursuant to CAA section 181(b)(2),
EPA is making a final determination
that the Baton Rouge ‘‘marginal’’ 8-hour
ozone nonattainment area failed to
attain the 8-hour ozone NAAQS by June
15, 2007. Upon the effective date of this
rule, the Baton Rouge ‘‘marginal’’ 8-hour
ozone nonattainment area will be
reclassified by operation of law as a
‘‘moderate’’ 8-hour ozone
nonattainment area. Pursuant to section
182(i) of the CAA, EPA is establishing
the schedule for submittal of the SIP
revisions required for ‘‘moderate’’ areas
once the area is reclassified. The
required SIP revision for Baton Rouge
must be submitted as ‘‘expeditiously as
practicable,’’ but no later than January 1,
2009.
VIII. Administrative Requirements
A. Executive Order 12866, Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under the Executive
Order. The Agency has determined that
the finding of nonattainment would
result in none of the effects identified in
the Executive Order. Under section
181(b)(2) of the CAA, determinations of
nonattainment are based upon air
quality considerations and the resulting
reclassifications must occur by
operation of law.
B. Paperwork Reduction Act
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. This action
to reclassify the Baton Rouge area as a
‘‘moderate’’ ozone nonattainment area
and to adjust applicable deadlines does
not establish any new information
collection burden. Burden means the
total time, effort, or financial resources
expended by persons to generate,
maintain, retain, or disclose or provide
information to or for a Federal agency.
This includes the time needed to review
instructions; develop, acquire, install,
and utilize technology and systems for
the purposes of collecting, validating,
and verifying information, processing
and maintaining information, and
disclosing and providing information;
adjust the existing ways to comply with
any previously applicable instructions
and requirements; train personnel to be
able to respond to a collection of
information; search data sources;
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complete and review the collection of
information; and transmit or otherwise
disclose the information. An agency
may not conduct or sponsor, and a
person is not required to respond to a
collection of information unless it
displays a currently valid Office of
Management and Budget (OMB) control
number. The OMB control numbers for
EPA’s regulations in 40 CFR are listed
in 40 CFR part 9.
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C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedures Act or any
other statute unless the agency certifies
the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of this action on small entities, small
entity is defined as: (1) A small business
that is a small industrial entity as
defined in the U.S. Small Business
Administration (SBA) size standards
(see, 13 CFR part 121); (2) a small
governmental jurisdiction that is a
government of a city, county, town,
school district or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field. Determinations of
nonattainment and the resulting
reclassification of nonattainment areas
by operation of law under section
181(b)(2) of the CAA do not in and of
themselves create any new
requirements. Instead, this rulemaking
only makes a factual determination, and
does not directly regulate any entities.
After considering the economic impacts
of today’s action on small entities, I
certify that this rule will not have a
significant economic impact on a
substantial number of small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and Tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and Tribal governments, in the
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aggregate, or to the private sector, of
$100 million or more in any one year.
Before promulgating an EPA rule for
which a written statement is needed,
sections 205 of the UMRA generally
requires EPA to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
most cost-effective or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most cost-effective or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation to why that
alternative was not adopted. Before EPA
establishes any regulatory requirements
that may significantly or uniquely affect
small governments, including Tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
This action does not include a Federal
mandate within the meaning of UMRA
that may result in expenditures of $100
million or more in any one year by
either State, local, or Tribal
governments in the aggregate or to the
private sector, and therefore, is not
subject to the requirements of sections
202 and 205 of the UMRA. Also, EPA
has determined that this rule contains
no regulatory requirements that might
significantly or uniquely affect small
governments and therefore, is not
subject to the requirements of sections
203. EPA believes, as discussed
previously in this document, that the
finding of nonattainment is a factual
determination based upon air quality
considerations and that the resulting
reclassification of the area must occur
by operation of law. Thus, EPA believes
that the finding does not constitute a
Federal mandate, as defined in section
101 of the UMRA, because it does not
impose an enforceable duty on any
entity.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
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and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
This final rule does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, this action
merely determines that the Baton Rouge
area had not attained by its applicable
attainment date, and to reclassify the
Baton Rouge area as a ‘‘moderate’’ ozone
nonattainment area and to adjust
applicable deadlines. Thus, Executive
Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled ‘‘A
Consultation and Coordination With
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure a meaningful and timely input
by tribal officials in the development of
regulatory policies that have tribal
implications. This action does not have
Tribal implications as specified in
Executive Order 13175. This action
merely determines that the Baton Rouge
area has not attained by its applicable
attainment date, and to reclassify the
Baton Rouge area as a ‘‘moderate’’ ozone
nonattainment area and to adjust
applicable deadlines. The CAA and the
Tribal Authority Rule establish the
relationship of the Federal government
and Tribes in developing plans to attain
the NAAQS, and this rule does nothing
to modify that relationship. Thus,
Executive Order 13175 does not apply
to this rule.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045: ‘‘Protection of
Children From Environmental Health
and Safety Risks’’ (62 FR 19885, April
23, 1997) applies to any rule that (1) is
determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have
disproportionate effect on children. If
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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency. This action
is not subject to Executive Order 13045
because it is not economically
significant as defined in E.O. 12866, and
because the Agency does not have
reason to believe the environmental
health risks or safety risks addressed by
this rule present a disproportionate risk
to children. This action merely
determines that the Baton Rouge area
has not attained by its applicable
attainment date, and to reclassify the
Baton Rouge area as a ‘‘moderate’’ ozone
nonattainment area and to adjust
applicable deadlines.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, ‘‘Actions That
Significantly Affect Energy Supply,
Distribution, or Use,’’ (66 FR 28355,
May 22, 2001) because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer
Advancement Act
As noted in the proposed rule,
Section 12(d) of the National
Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law 104–113,
section 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards (VCS) in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by VCS bodies. The NTTAA
directs EPA to provide Congress,
through OMB, explanations when the
Agency decides not to use available and
applicable VCS. This action merely
determines that the Baton Rouge area
has not attained by its applicable
attainment date, and to reclassify the
Baton Rouge ‘‘marginal’’ Nonattainment
Area as a ‘‘moderate’’ ozone
nonattainment area and to adjust
applicable deadlines. Therefore, EPA
did not consider the use of any
voluntary consensus standards.
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this rule will
not have disproportionately high and
adverse human health or environmental
effects on minority or low-income
populations because it does not affect
the level of protection provided to
human health or the environment. This
action merely determines that the Baton
Rouge area has not attained by its
applicable attainment date, and to
reclassify the Baton Rouge area as a
‘‘moderate’’ ozone nonattainment area
and to adjust applicable deadlines.
K. Congressional Review Act
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 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. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
L. Petitions for Judicial Review
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 May 20, 2008.
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 to
reclassify the Baton Rouge area as a
‘‘moderate’’ ozone nonattainment area
and to adjust applicable deadlines may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, Hydrocarbons,
Intergovernmental relations, Nitrogen
oxides, Ozone, Reporting and
recordkeeping requirements.
Dated: March 7, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
Part 81, chapter 1, title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 81—[AMENDED]
1. The authority citation for part 81
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
2. In § 81.319 the table entitled
‘‘Louisiana—Ozone (8–Hour Standard)’’
is amended by revising the entry for the
Baton Rouge area to read as follows:
I
§ 81.319.
*
*
Louisiana.
*
*
*
LOUISIANA—OZONE (8-HOUR STANDARD)
Designation a
Category/classification
Designated area
jlentini on PROD1PC65 with RULES
Date 1
Baton Rouge Area:
Ascension Parish .............................................................
East Baton Rouge Parish ................................................
Iberville Parish ..................................................................
Livingston Parish ..............................................................
West Baton Rouge Parish ...............................................
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Type
Nonattainment
Nonattainment
Nonattainment
Nonattainment
Nonattainment
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...............
...............
...............
...............
...............
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Subpart
Subpart
Subpart
Subpart
2/Moderate.
2/Moderate.
2/Moderate.
2/Moderate.
2/Moderate.
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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations
LOUISIANA—OZONE (8-HOUR STANDARD)—Continued
Designation a
Category/classification
Designated area
Date 1
*
*
*
Date 1
*
Type
*
Type
*
*
a Includes
Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
*
*
*
*
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: For
questions on this interim rule, please
call Mr. Paul Wasserman, Chief, Great
Lakes Pilotage Branch, Commandant
(CG–54122), U.S. Coast Guard, at 202–
372–1535, by fax 202–372–1929, or by
e-mail at Paul.M.Wasserman@uscg.mil.
For questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Dockets
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
*
[FR Doc. E8–5663 Filed 3–20–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Part 401
[USCG–2007–0039]
RIN 1625–AB23
2008 Rates for Pilotage on the Great
Lakes
Coast Guard, DHS.
Interim rule.
AGENCY:
jlentini on PROD1PC65 with RULES
ACTION:
SUMMARY: As required by statute, the
Coast Guard has reviewed and is
updating the rates for pilotage service
on the Great Lakes for the 2008
navigation season. We are increasing
pilotage rates an average 8.17% over the
last ratemaking that was completed in
September 2007. This rulemaking
promotes the Coast Guard strategic goals
of maritime safety, protection of natural
resources, maritime security, and
maritime mobility.
DATES: This interim rule is effective
March 21, 2008. Comments and related
material must reach the Docket
Management Facility on or before April
21, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2007–0039 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
VerDate Aug<31>2005
20:55 Mar 20, 2008
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Table of Contents
I. Public Participation and Request for
Comments
II. Effective Date
III. Background and Purpose
IV. Discussion of Comments
V. Discussion of the Interim Rule
VI. Regulatory Evaluation
I. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2007–0039),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
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submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this rule in view of them.
B. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time.
Enter the docket number for this
rulemaking (USCG–2007–0039) in the
Search box, and click ‘‘Go >>.’’ You may
also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the DOT West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
C. Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
D. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
II. Effective Date
This interim rule takes effect upon
publication in the Federal Register.
Under 5 U.S.C. 553(d), the Coast Guard
finds good cause for this interim rule to
take effect less than 30 days after
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]]>Agencies
[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Rules and Regulations]
[Pages 15087-15092]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5663]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R06-OAR-2007-0967; FRL-8544-6]
Determination of Nonattainment and Reclassification of the Baton
Rouge 8-Hour Ozone Nonattainment Area; State of Louisiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is finalizing its finding that the Baton Rouge
``marginal'' 8-hour ozone nonattainment area (hereinafter referred to
as the Baton Rouge area) did not attain the 8-hour ozone national
ambient air quality standard (NAAQS or standard) by June 15, 2007, the
attainment deadline set forth in the Clean Air Act (CAA or the Act) and
Code of Federal Regulations (CFR) for ``marginal'' nonattainment areas.
By operation of law, the Baton Rouge area is to be reclassified from a
``marginal'' to a ``moderate'' 8-hour ozone nonattainment area on the
effective date of this rule. The new attainment deadline for the
reclassified Baton Rouge nonattainment area is ``as expeditiously as
practicable'' but no later than June 15, 2010. In addition, EPA is
requiring Louisiana to submit State Implementation Plan (SIP) revisions
addressing the CAA's pollution control requirements for ``moderate'' 8-
hour ozone nonattainment areas no later than January 1, 2009.
DATES: This final rule is effective on April 21, 2008.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R06-OAR-2007-0967. All documents in the docket
are listed on the www.regulations.gov, Web site. Although listed in the
index,
[[Page 15088]]
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 www.regulations.gov or in hard copy at the Air
Planning Section (6PD-L), U.S. Environmental Protection Agency, Region
6, 1445 Ross Avenue, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection 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.
The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment: Louisiana Department of Environmental Quality (LDEQ), the
Galvez Building, 602 N. Fifth Street, Baton Rouge, Louisiana 70802.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION:
Background
A complete description of the 8-hour designation process for the
Baton Rouge area can be found in the proposal for this rulemaking at 72
FR 61315, October 30, 2007. In addition, under Sec. 51.908 of the Code
of Federal Regulations, states containing areas classified as
``marginal'' non-attainment for the 8-hour ozone standard were not
required to submit attainment demonstration SIPs. However, states were
required to submit other SIP elements, as required by Subpart 2 of the
Act, that included the following: submitting an emission inventory
within two years and periodic inventories every three years thereafter,
reasonably available control technology corrections, and retaining a
vehicle inspection and maintenance program that may have previously
been in place. Baton Rouge has met these requirements for a
``marginal'' nonattainment area under the 8-hour standard and the 1-
hour standard.
Table of Contents
I. What Does This Action Do?
II. What Does the CAA Say About Determination of Nonattainment and
Reclassification, and How Does It Apply to the Baton Rouge Area?
III. What Is the Area's New Classification?
IV. What Is the New Attainment Date for the Baton Rouge Area?
V. When Must Louisiana Submit SIP Revisions Fulfilling the
Requirements for 8-Hour Ozone Nonattainment Areas?
VI. What Comments Were Received on the Proposed Rule?
VII. Final Action
VIII. Administrative Requirements
I. What Does This Action Do?
On October 30, 2007, EPA proposed its finding that the Baton Rouge
ozone nonattainment area did not attain the 8-hour NAAQS by the
applicable attainment date (72 FR 61315). The proposed finding was
based upon ambient air quality data from the years 2004-2006. These
data showed that the 8-hour NAAQS of 0.08 ppm (i.e., 0.084 ppm when
rounding is considered) had been exceeded based on the 3-year average
of the annual fourth highest daily maximum 8-hour average ambient air
quality ozone concentration and that the area did not qualify for an
attainment date extension under section 181(a)(5) of the Act. We also
proposed to determine that the appropriate reclassification of the area
was to ``moderate.''
This action finalizes our finding that the Baton Rouge area did not
attain the 8-hour ozone NAAQS by June 15, 2007, as prescribed in
section 181 of the Act, and as detailed in EPA's final designations
rule published on April 30, 2004 (69 FR 23857). It also fulfills EPA's
duty pursuant to section 181(b)(2) of the Act. In addition, this action
sets the dates by which Louisiana must submit SIP revisions addressing
the CAA's pollution control requirements for ``moderate'' ozone
nonattainment areas and attain the 8-hour NAAQS for ozone. EPA's
rulemaking actions are to be effective [30] days from publication in
the Federal Register.
II. What Does the CAA Say About Determination of Nonattainment and
Reclassification, and How Does it Apply to the Baton Rouge Area?
Under sections 107(d)(1)(c) and 181(a) of the Act, the Baton Rouge
area was designated nonattainment for the 8-hour ozone NAAQS and
classified as ``marginal'' based on its design value of 0.086 ppm in
2004. These nonattainment designations and classifications are codified
in 40 CFR Part 81 (See 69 FR 23857, April 30, 2004). In addition,
states containing areas that were classified as ``marginal''
nonattainment were required to submit SIPs to provide for certain
controls and submit emission inventories. The Baton Rouge area met
these requirements by submitting an updated emission inventory. As a
``severe'' nonattainment area under the 1-hour standard, the area was
already implementing ``marginal'' area requirements in Subpart 2 of the
Act. No attainment demonstrations were required, but attainment of the
standard was required to be achieved by June 15, 2007.
Section 181(b)(2)(A) of the Act specifies that:
Within 6 months following the applicable attainment date (including
any extension thereof) for an ozone nonattainment area, the
Administrator shall determine, based on the area's design value (as of
the attainment date), whether the area attained the standard by that
date. Except for any Severe or Extreme areas, any area that the
Administrator finds has not attained the standard by that date shall be
reclassified by operation of law in accordance with table 1 of
subsection (a) to the higher of--
a. The next higher classification for the area, or
b. The classification applicable to the area's design value as
determined at the time of the notice required under subparagraph (B).
No area shall be reclassified as Extreme under clause (ii).
Furthermore, section 181(b)(2)(B) of the Act provides that:
The Administrator shall publish a notice in the Federal Register no
later than 6 months following the attainment date, identifying each
area that the Administrator has determined under subparagraph (A) as
having failed to attain and identifying the reclassification, if any,
described under subparagraph (A).
On October 30, 2007, EPA proposed its finding that the Baton Rouge
area did not attain the 8-hour ozone standard by the applicable date
(72 FR 61315). The proposed finding was based upon ambient ozone
concentration data for the period 2004-2006, from monitoring sites in
the Baton Rouge area that recorded a 3-year average of the annual
fourth highest daily maximum 8-hour average ambient air quality ozone
concentration that exceeded the standard. You may refer to the proposal
to review these values which are presented in ``Table 1.--Baton Rouge
Area Fourth Highest 8-Hour Ozone Concentrations and Design Values
(ppm).''
The air quality data in Table 1 were available for comment in our
October 30, 2007, proposed finding of the area's failure to attain the
ozone NAAQS. We
[[Page 15089]]
received no comments pertaining to these data. Therefore, pursuant to
section 181(b)(2)(B) of the CAA, we hereby finalize our determination
that the Baton Rouge area did not attain the 8-hour standard by the
June 15, 2007, attainment date.
III. What Is The Area's New Classification?
Section 181(b)(2)(A) of the Act requires that, when an area is
reclassified for failure to attain, its reclassification be the higher
of either the next higher classification or the classification
applicable to the area's ozone design value at the time the notice of
reclassification is published in the Federal Register. Section
181(b)(2)(B) requires EPA to publish in the Federal Register a notice
identifying the appropriate reclassification for the area in accordance
with section 181(b)(2)(A). The classification that would be applicable
to the Baton Rouge area's design value at the time of today's final
rule is ``marginal'' because the area's 2006 calculated design value,
based on quality-assured ozone monitoring data from 2004-2006, is 0.091
ppm. By contrast, the next higher classification for the Baton Rouge
area is ``moderate.'' As EPA explained in the proposal, because
``moderate'' is a higher classification than ``marginal'' under the CAA
statutory scheme, upon the effective date of this final rulemaking, the
Baton Rouge area is reclassified by operation of law as ``moderate.''
IV. What is the New Attainment Date for the Baton Rouge Area?
Under section 181(a)(1) of the Act, the new attainment deadline for
``marginal'' ozone nonattainment areas, reclassified to ``moderate''
under section 181(b)(2), would generally be as ``expeditious as
practicable'' but no later than the date applicable to the new
classification, i.e., June 15, 2010. The ``as expeditiously as
practicable'' attainment date will be determined as part of the action
on the required SIP submittal demonstrating attainment of the 8-hour
ozone standard.
V. When Must Louisiana Submit SIP Revisions Fulfilling the Requirements
for 8-Hour Ozone Nonattainment Areas?
Under section 181(a)(1) of the Act, the attainment deadline for
``marginal'' ozone nonattainment areas reclassified to ``moderate''
under section 181(b)(2) is as ``expeditiously as practicable'' but no
later than June 15, 2010. Under section 182(i) of the Act, such areas
are required to submit SIP revisions addressing the ``moderate'' area
requirements for 8-hour ozone NAAQS. Pursuant to 40 CFR 51.908(d), for
each nonattainment area, a state must provide for the implementation of
all control measures needed for attainment no later than the beginning
of the attainment year ozone season. The attainment year ozone season
is the ozone season immediately preceding a nonattainment area's
attainment date, in this case 2009 (40 CFR 51.900(g)). The ozone season
is the ozone monitoring season defined in 40 CFR Part 58, Appendix D,
section 4.1, Table D-3 (71 FR 61236, October 17, 2006). For the purpose
of reclassification of the Baton Rouge nonattainment area, January 1,
2009, is the beginning of the ozone monitoring season. As a result, EPA
is requiring that the required SIP revisions be submitted by Louisiana
as ``expeditiously as practicable,'' but no later than January 1, 2009.
This timeline also calls for implementation of applicable controls no
later than January 1, 2009. (See 72 FR 61318).
The area was previously required to submit the requirements for
``marginal'' areas and under section 182(b) of the Act, remains
required to meet them, and now must meet the requirements for
``moderate'' areas as well.
A revised SIP must include, among other things, the following
``moderate'' area requirements: (1) An attainment demonstration (40 CFR
51.908), (2) provisions for reasonably available control technology and
reasonably available control measures (40 CFR 51.912), (3) reasonable
further progress reductions in volatile organic compound (VOC) and
nitrogen oxide (NOX) emissions (40 CFR 51.910), (4)
contingency measures to be implemented in the event of failure to meet
a milestone or attain the standard (CAA 172(c)(9)). See also the
requirements for ``moderate'' ozone nonattainment areas set forth in
CAA section 182(b). Since the Baton Rouge area also is a 1-hour ozone
nonattainment area, the anti-backsliding requirements of the 8-hour
ozone implementation rule at 40 CFR 51.900 and 51.905 apply too. See
also S. Coast Air Quality Management District v. Environmental
Protection Agency, 472 F.3d 882 (DC Cir. 2006), reh'g denied, 489 F.3d
1245 (DC Cir. 2007).
VI. What Comments Were Received on the Proposed Rule?
EPA received no comments from the public on the Notice of Proposed
Rulemaking published on October 30, 2007 (72 FR 61315), Determination
of Nonattainment and Reclassification of the Baton Rouge 8-Hour Ozone
Nonattainment Area; State of Louisiana.
VII. Final Action
Pursuant to CAA section 181(b)(2), EPA is making a final
determination that the Baton Rouge ``marginal'' 8-hour ozone
nonattainment area failed to attain the 8-hour ozone NAAQS by June 15,
2007. Upon the effective date of this rule, the Baton Rouge
``marginal'' 8-hour ozone nonattainment area will be reclassified by
operation of law as a ``moderate'' 8-hour ozone nonattainment area.
Pursuant to section 182(i) of the CAA, EPA is establishing the schedule
for submittal of the SIP revisions required for ``moderate'' areas once
the area is reclassified. The required SIP revision for Baton Rouge
must be submitted as ``expeditiously as practicable,'' but no later
than January 1, 2009.
VIII. Administrative Requirements
A. Executive Order 12866, Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Order. The Agency
has determined that the finding of nonattainment would result in none
of the effects identified in the Executive Order. Under section
181(b)(2) of the CAA, determinations of nonattainment are based upon
air quality considerations and the resulting reclassifications must
occur by operation of law.
B. Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This action to reclassify the Baton Rouge area as a ``moderate'' ozone
nonattainment area and to adjust applicable deadlines does not
establish any new information collection burden. Burden means the total
time, effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
Federal agency. This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to be able to
respond to a collection of information; search data sources;
[[Page 15090]]
complete and review the collection of information; and transmit or
otherwise disclose the information. An agency may not conduct or
sponsor, and a person is not required to respond to a collection of
information unless it displays a currently valid Office of Management
and Budget (OMB) control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedures Act or any other statute unless the agency certifies the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this action on small
entities, small entity is defined as: (1) A small business that is a
small industrial entity as defined in the U.S. Small Business
Administration (SBA) size standards (see, 13 CFR part 121); (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field. Determinations of nonattainment and the
resulting reclassification of nonattainment areas by operation of law
under section 181(b)(2) of the CAA do not in and of themselves create
any new requirements. Instead, this rulemaking only makes a factual
determination, and does not directly regulate any entities. After
considering the economic impacts of today's action on small entities, I
certify that this rule will not have a significant economic impact on a
substantial number of small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, sections 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation to why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including Tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
This action does not include a Federal mandate within the meaning
of UMRA that may result in expenditures of $100 million or more in any
one year by either State, local, or Tribal governments in the aggregate
or to the private sector, and therefore, is not subject to the
requirements of sections 202 and 205 of the UMRA. Also, EPA has
determined that this rule contains no regulatory requirements that
might significantly or uniquely affect small governments and therefore,
is not subject to the requirements of sections 203. EPA believes, as
discussed previously in this document, that the finding of
nonattainment is a factual determination based upon air quality
considerations and that the resulting reclassification of the area must
occur by operation of law. Thus, EPA believes that the finding does not
constitute a Federal mandate, as defined in section 101 of the UMRA,
because it does not impose an enforceable duty on any entity.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132, this action merely determines
that the Baton Rouge area had not attained by its applicable attainment
date, and to reclassify the Baton Rouge area as a ``moderate'' ozone
nonattainment area and to adjust applicable deadlines. Thus, Executive
Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``A Consultation and Coordination
With Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure a meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications. This action does not have
Tribal implications as specified in Executive Order 13175. This action
merely determines that the Baton Rouge area has not attained by its
applicable attainment date, and to reclassify the Baton Rouge area as a
``moderate'' ozone nonattainment area and to adjust applicable
deadlines. The CAA and the Tribal Authority Rule establish the
relationship of the Federal government and Tribes in developing plans
to attain the NAAQS, and this rule does nothing to modify that
relationship. Thus, Executive Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045: ``Protection of Children From Environmental
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any
rule that (1) is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have
disproportionate effect on children. If
[[Page 15091]]
the regulatory action meets both criteria, the Agency must evaluate the
environmental health or safety effects of the planned rule on children,
and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency. This action is not subject to Executive Order 13045
because it is not economically significant as defined in E.O. 12866,
and because the Agency does not have reason to believe the
environmental health risks or safety risks addressed by this rule
present a disproportionate risk to children. This action merely
determines that the Baton Rouge area has not attained by its applicable
attainment date, and to reclassify the Baton Rouge area as a
``moderate'' ozone nonattainment area and to adjust applicable
deadlines.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, ``Actions That
Significantly Affect Energy Supply, Distribution, or Use,'' (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer Advancement Act
As noted in the proposed rule, Section 12(d) of the National
Technology Transfer Advancement Act of 1995 (NTTAA), Public Law 104-
113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary
consensus standards (VCS) in its regulatory activities unless to do so
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by VCS bodies. The NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable VCS. This action
merely determines that the Baton Rouge area has not attained by its
applicable attainment date, and to reclassify the Baton Rouge
``marginal'' Nonattainment Area as a ``moderate'' ozone nonattainment
area and to adjust applicable deadlines. Therefore, EPA did not
consider the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this rule will not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations because it does not affect the level of
protection provided to human health or the environment. This action
merely determines that the Baton Rouge area has not attained by its
applicable attainment date, and to reclassify the Baton Rouge area as a
``moderate'' ozone nonattainment area and to adjust applicable
deadlines.
K. Congressional Review Act
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 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
L. Petitions for Judicial Review
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 May 20, 2008. 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 to reclassify the Baton Rouge area as a
``moderate'' ozone nonattainment area and to adjust applicable
deadlines may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements.
Dated: March 7, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
0
Part 81, chapter 1, title 40 of the Code of Federal Regulations is
amended as follows:
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 81.319 the table entitled ``Louisiana--Ozone (8-Hour
Standard)'' is amended by revising the entry for the Baton Rouge area
to 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.................... ........... Nonattainment............................ 4/21/08 Subpart 2/Moderate.
East Baton Rouge Parish............. ........... Nonattainment............................ 4/21/08 Subpart 2/Moderate.
Iberville Parish.................... ........... Nonattainment............................ 4/21/08 Subpart 2/Moderate.
Livingston Parish................... ........... Nonattainment............................ 4/21/08 Subpart 2/Moderate.
West Baton Rouge Parish............. ........... Nonattainment............................ 4/21/08 Subpart 2/Moderate.
[[Page 15092]]
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
* * * * *
[FR Doc. E8-5663 Filed 3-20-08; 8:45 am]
BILLING CODE 6560-50-P
