Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Determination of Attainment of the 1997 Ozone Standard, 36316-36318 [2010-15471]

Download as PDF 36316 Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Proposed Rules a Photoelectric Boat Detection System to prevent the span from lowering if there is an obstruction under the span. If the drawbridge cannot be opened immediately, the remote drawbridge operator will notify the calling vessel and provide an estimated time for a drawbridge opening. * * * * * Dated: June 11, 2010. Mary E. Landry, Rear Admiral, U.S. Coast Guard, Commander 8th Coast Guard District. [FR Doc. 2010–15397 Filed 6–24–10; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2010–0113; FRL–9168–4] Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Determination of Attainment of the 1997 Ozone Standard mstockstill on DSKH9S0YB1PROD with PROPOSALS AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: The EPA is proposing to determine that the Baton Rouge, Louisiana moderate 1997 8-hour ozone nonattainment area has attained the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for ozone. This proposed determination is based upon complete, quality assured, certified ambient air monitoring data that show the area has monitored attainment of the 1997 8-hour ozone NAAQS since the 2006–2008 monitoring period, and continues to monitor attainment of the NAAQS based on 2009 data. If this proposed determination is made final, under the provisions of EPA’s ozone implementation rule, the requirements for this area to submit an attainment demonstration, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans related to attainment of the 1997 8-hour ozone NAAQS shall be suspended for so long as the area continues to attain the 1997 ozone NAAQS. DATES: Written comments must be received on or before July 26, 2010. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2010–0113, by one of the following methods: Federal Rulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. VerDate Mar<15>2010 16:24 Jun 24, 2010 Jkt 220001 U.S. EPA Region 6 ‘‘Contact Us’’ Web site: https://epa.gov/region6/ r6coment.htm. Please click on ‘‘6PD‘‘(Multimedia) and select ‘‘Air’’ before submitting comments. E-mail: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please also send a copy by email to the person listed in the FOR FURTHER INFORMATION CONTACT section below. Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD–L), at fax number 214–665–7263. Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Such deliveries are accepted only between the hours of 8 a.m. and 4 p.m. weekdays except for legal holidays. Special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R06–OAR–2010– 0113. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information through https://www.regulations.gov or e-mail that you consider to be CBI or otherwise protected from disclosure. The https://www.regulations.gov Web site is an anonymous access system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https://www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733. The file will be made available by appointment for public inspection in the Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below to make an appointment. If possible, please make the appointment at least two working days in advance of your visit. There will be a fee of 15 cents per page for making photocopies of documents. On the day of the visit, please check in at the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas 75202– 2733. FOR FURTHER INFORMATION CONTACT: Ms. Sandra Rennie, Air Planning Section (6PD–L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733, telephone (214) 665–7367, fax (214) 665–7263, e-mail address rennie.Sandra@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. Organization of this document. The following outline is provided to aid in locating information in this preamble. I. What action Is EPA taking? II. What is the effect of this action? III. What is the background for this action? IV. What is EPA’s analysis of the relevant Air Quality Data? V. Proposed Action VI. Statutory and Executive Order Reviews I. What action is EPA taking? EPA is proposing to determine that the Baton Rouge, Louisiana moderate 1997 8-hour ozone nonattainment area (hereafter the Baton Rouge area) has attained the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for ozone. This proposed determination is based upon complete, quality assured and certified ambient air monitoring data that show the area has monitored attainment of the ozone NAAQS since E:\FR\FM\25JNP1.SGM 25JNP1 36317 Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Proposed Rules the 2006–2008 monitoring period, and monitoring data that continue to show attainment of the NAAQS based on 2009 data in the Air Quality System (AQS) database. Preliminary data available to date for the 2010 ozone season are also consistent with continued attainment. II. What is the effect of this action? If this proposed determination is made final, under the provisions of EPA’s ozone implementation rule (see 40 CFR Section 51.918), the requirements for the Baton Rouge area to submit an attainment demonstration, a reasonable further progress plan, section 172(c)(9) contingency measures, and any other State Implementation Plan (SIP) planning measures related to attainment of the 1997 8-hour ozone NAAQS would be suspended for so long as the area continues to attain the ozone NAAQS. This proposed action, if finalized, would not constitute a redesignation to attainment under CAA section 107(d)(3), because we would not yet have an approved maintenance plan for the area as required under section 175A of the CAA, nor a determination that the area has met the other requirements for redesignation. The classification and designation status of the area would remain moderate nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA determines that it meets all the CAA requirements for redesignation to attainment. If this rulemaking is finalized and EPA subsequently determines, after notice-and-comment rulemaking in the Federal Register, that the area has violated the 1997 8-hour ozone standard, the basis for the suspension of these requirements would no longer exist, and the area would thereafter have to address the pertinent CAA requirements. III. What is the background for this action? On April 30, 2004 (69 FR 23857), EPA designated as nonattainment any area that was violating the 1997 8-hour ozone NAAQS based on the three most recent years (2001–2003) of air quality data. The Baton Rouge area (specifically, Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge Parishes) was designated as a marginal ozone nonattainment area. The Baton Rouge area was reclassified to moderate on March 21, 2008, effective on April 21, 2008 (73 FR 15087). Recent air quality data indicate that the Baton Rouge area is now attaining the 1997 8-hour ozone standard. IV. What is EPA’s analysis of the relevant air quality data? The EPA has reviewed the Baton Rouge area’s 2006–2008 ambient air monitoring data for ozone consistent with the requirements contained in 40 CFR part 50 and recorded in the EPA AQS database. On the basis of that review, EPA has concluded that this area attained the 1997 8-hour ozone standard at the end of the 2008 ozone season, based on three years of complete, quality-assured and state certified 2006–2008 ozone data. In addition, ozone data for 2007–2009, also in AQS, show the area continues to attain the 1997 8-hour ozone NAAQS. Under EPA regulations at 40 CFR part 50, the 1997 8-hour ozone standard is attained when the 3-year average of the annual fourth-highest daily maximum 8hour average ozone concentrations at an ozone monitor is less than or equal to 0.08 parts per million (ppm) (i.e., 0.084 ppm, based on the rounding convention in 40 CFR part 50, Appendix I). This 3year average is referred to as the design value. When the design value is less than or equal to 0.084 ppm at each monitor within the area, then the area is meeting the NAAQS. (See 69 FR 23857 (April 30, 2004) for further information.) Also, the data completeness requirement is met when the average percent of days with valid ambient monitoring data is greater than 90%, and no single year has less than 75% data completeness as determined in Appendix I of 40 CFR part 50. Table 1 shows the fourth-highest daily maximum 8-hour average ozone concentrations for the Baton Rouge, Louisiana nonattainment area monitors for the years 2006–2009. TABLE 1—FOURTH HIGH 8-HOUR OZONE AVERAGE CONCENTRATIONS AND DESIGN VALUES (PPM) IN THE BATON ROUGE AREA 1 4th Highest daily max Design values three year averages Site 2006 Plaquemine (22–047–0009) ............................................. Carville (22–047–0012) .................................................... Dutchtown (22–005–0004) ............................................... Baker (22–033–1001) ...................................................... LSU (22–033–0003) ......................................................... Grosse Tete (22–047–0007) ............................................ Port Allen (22–121–0001) ................................................ Pride (22–033–0013) ....................................................... French Settlement (22–063–0002) .................................. Capitol (22–033–0009) .................................................... 0.083 0.085 0.087 0.091 0.085 0.086 0.087 0.082 0.079 0.084 2007 2008 0.079 0.086 0.088 0.077 0.085 0.084 0.076 0.077 0.084 0.074 2009 0.076 0.073 0.074 0.071 0.072 0.071 0.072 0.074 0.075 0.067 0.071 0.076 0.074 0.071 0.084 0.070 0.072 0.072 0.075 0.076 2006–2008 2007–2009 0.079 0.081 0.083 0.079 0.080 0.080 0.078 0.077 0.079 0.075 0.075 0.078 0.078 0.073 0.080 0.075 0.073 0.074 0.078 0.072 mstockstill on DSKH9S0YB1PROD with PROPOSALS 1 Unlike for the 1-hour ozone standard, design value calculations for the 1997 8-hour ozone standard are based on a rolling three-year average of the annual 4th highest values (40 CFR part 50, Appendix I). EPA’s review of these data shows that the Baton Rouge ozone nonattainment area has met and continues to meet the 1997 8-hour ozone NAAQS. Data for 2007–2009, show the area continues to attain the 1997 8-hour ozone NAAQS. Preliminary data available to date for the 2010 ozone season are consistent with continued attainment. EPA is VerDate Mar<15>2010 16:24 Jun 24, 2010 Jkt 220001 soliciting public comments on the issues discussed in this notice or on other relevant matters pertaining to this rulemaking action. These comments will be considered before EPA takes final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to the EPA Region 6 Office PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 listed in the ADDRESSES section of this Federal Register. V. Proposed Action EPA is proposing to determine that the Baton Rouge 1997 8-hour ozone moderate nonattainment area has attained the 1997 8-hour ozone standard, based on complete, quality assured data through 2008, and data for E:\FR\FM\25JNP1.SGM 25JNP1 36318 Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Proposed Rules mstockstill on DSKH9S0YB1PROD with PROPOSALS 2007–2009 indicating continued attainment. Preliminary data for the 2010 ozone season available to date are consistent with continued attainment. As provided in 40 CFR 51.918, if EPA finalizes this determination, it would suspend the requirements for the Baton Rouge area to submit planning SIPs related to attainment of the 1997 8-hour ozone NAAQS for this area, for so long as the area continues to attain the standard. VI. Statutory and Executive Order Reviews This action proposes to make a determination of attainment based on air quality, and would, if finalized, result in the suspension of certain Federal requirements, and would not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to the requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by VerDate Mar<15>2010 16:24 Jun 24, 2010 Jkt 220001 Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR part 52 Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401, et seq. Dated: June 14, 2010. Lawrence E. Starfield, Acting Regional Administrator, Region 6. [FR Doc. 2010–15471 Filed 6–24–10; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 [Docket No. 100216088–0093–01] RIN 0648–AY69 List of Fisheries for 2011 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule. SUMMARY: The National Marine Fisheries Service (NMFS) publishes its proposed List of Fisheries (LOF) for 2011, as required by the Marine Mammal Protection Act (MMPA). The proposed LOF for 2011 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must classify each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of serious injury and mortality of marine mammals that occurs incidental to each fishery. The classification of a fishery in the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements. DATES: Comments must be received by August 24, 2010. ADDRESSES: Send comments by any one of the following methods. (1) Electronic Submissions: Submit all electronic comments through the Federal eRulemaking portal: https:// PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 www.regulations.gov (follow instructions for submitting comments). (2) Mail: Chief, Marine Mammal and Sea Turtle Conservation Division, Attn: List of Fisheries, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. Comments regarding the burden-hour estimates, or any other aspect of the collection of information requirements contained in this proposed rule, should be submitted in writing to Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910, or to David Rostker, OMB, by fax to 202–395–7285 or by email to David_Rostker@omb.eop.gov. Instructions: No comments will be posted for public viewing until after the comment period has closed. All comments received are a part of the public record and will generally be posted to https://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields, if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. See SUPPLEMENTARY INFORMATION for a listing of all Regional Offices. FOR FURTHER INFORMATION CONTACT: Melissa Andersen, Office of Protected Resources, 301–713–2322; David Gouveia, Northeast Region, 978–281– 9280; Laura Engleby, Southeast Region, 727–551–5791; Elizabeth Petras, Southwest Region, 562–980–3238; Brent Norberg, Northwest Region, 206–526– 6733; Bridget Mansfield, Alaska Region, 907–586–7642; Lisa Van Atta, Pacific Islands Region, 808–944–2257. Individuals who use a telecommunications device for the hearing impaired may call the Federal Information Relay Service at 1–800– 877–8339 between 8 a.m. and 4 p.m. Eastern time, Monday through Friday, excluding Federal holidays. SUPPLEMENTARY INFORMATION: Availability of Published Materials Information regarding the LOF and the Marine Mammal Authorization Program, including registration procedures and forms, current and past LOFs, observer requirements, and marine mammal injury/mortality reporting forms and submittal E:\FR\FM\25JNP1.SGM 25JNP1

Agencies

[Federal Register Volume 75, Number 122 (Friday, June 25, 2010)]
[Proposed Rules]
[Pages 36316-36318]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15471]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2010-0113; FRL-9168-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Louisiana; Determination of Attainment of the 1997 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA is proposing to determine that the Baton Rouge, 
Louisiana moderate 1997 8-hour ozone nonattainment area has attained 
the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for 
ozone. This proposed determination is based upon complete, quality 
assured, certified ambient air monitoring data that show the area has 
monitored attainment of the 1997 8-hour ozone NAAQS since the 2006-2008 
monitoring period, and continues to monitor attainment of the NAAQS 
based on 2009 data. If this proposed determination is made final, under 
the provisions of EPA's ozone implementation rule, the requirements for 
this area to submit an attainment demonstration, a reasonable further 
progress plan, contingency measures, and other planning State 
Implementation Plans related to attainment of the 1997 8-hour ozone 
NAAQS shall be suspended for so long as the area continues to attain 
the 1997 ozone NAAQS.

DATES: Written comments must be received on or before July 26, 2010.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2010-0113, by one of the following methods:
    Federal Rulemaking Portal: https://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    U.S. EPA Region 6 ``Contact Us'' Web site: https://epa.gov/region6/r6coment.htm. Please click on ``6PD``(Multimedia) and select ``Air'' 
before submitting comments.
    E-mail: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please also 
send a copy by email to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
    Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), at fax 
number 214-665-7263.
    Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733.
    Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only 
between the hours of 8 a.m. and 4 p.m. weekdays except for legal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2010-0113. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through https://www.regulations.gov or e-mail that you consider to be 
CBI or otherwise protected from disclosure. The https://www.regulations.gov Web site is an anonymous access system, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through https://www.regulations.gov, your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy at the Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733. The file will be made available by 
appointment for public inspection in the Region 6 FOIA Review Room 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below to make an appointment. If possible, please 
make the appointment at least two working days in advance of your 
visit. There will be a fee of 15 cents per page for making photocopies 
of documents. On the day of the visit, please check in at the EPA 
Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas 
75202-2733.

FOR FURTHER INFORMATION CONTACT: Ms. Sandra Rennie, Air Planning 
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7367, 
fax (214) 665-7263, e-mail address rennie.Sandra@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. What action Is EPA taking?
II. What is the effect of this action?
III. What is the background for this action?
IV. What is EPA's analysis of the relevant Air Quality Data?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is proposing to determine that the Baton Rouge, Louisiana 
moderate 1997 8-hour ozone nonattainment area (hereafter the Baton 
Rouge area) has attained the 1997 8-hour National Ambient Air Quality 
Standard (NAAQS) for ozone. This proposed determination is based upon 
complete, quality assured and certified ambient air monitoring data 
that show the area has monitored attainment of the ozone NAAQS since

[[Page 36317]]

the 2006-2008 monitoring period, and monitoring data that continue to 
show attainment of the NAAQS based on 2009 data in the Air Quality 
System (AQS) database. Preliminary data available to date for the 2010 
ozone season are also consistent with continued attainment.

II. What is the effect of this action?

    If this proposed determination is made final, under the provisions 
of EPA's ozone implementation rule (see 40 CFR Section 51.918), the 
requirements for the Baton Rouge area to submit an attainment 
demonstration, a reasonable further progress plan, section 172(c)(9) 
contingency measures, and any other State Implementation Plan (SIP) 
planning measures related to attainment of the 1997 8-hour ozone NAAQS 
would be suspended for so long as the area continues to attain the 
ozone NAAQS.
    This proposed action, if finalized, would not constitute a 
redesignation to attainment under CAA section 107(d)(3), because we 
would not yet have an approved maintenance plan for the area as 
required under section 175A of the CAA, nor a determination that the 
area has met the other requirements for redesignation. The 
classification and designation status of the area would remain moderate 
nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA 
determines that it meets all the CAA requirements for redesignation to 
attainment.
    If this rulemaking is finalized and EPA subsequently determines, 
after notice-and-comment rulemaking in the Federal Register, that the 
area has violated the 1997 8-hour ozone standard, the basis for the 
suspension of these requirements would no longer exist, and the area 
would thereafter have to address the pertinent CAA requirements.

III. What is the background for this action?

    On April 30, 2004 (69 FR 23857), EPA designated as nonattainment 
any area that was violating the 1997 8-hour ozone NAAQS based on the 
three most recent years (2001-2003) of air quality data. The Baton 
Rouge area (specifically, Ascension, East Baton Rouge, Iberville, 
Livingston, and West Baton Rouge Parishes) was designated as a marginal 
ozone nonattainment area. The Baton Rouge area was reclassified to 
moderate on March 21, 2008, effective on April 21, 2008 (73 FR 15087). 
Recent air quality data indicate that the Baton Rouge area is now 
attaining the 1997 8-hour ozone standard.

IV. What is EPA's analysis of the relevant air quality data?

    The EPA has reviewed the Baton Rouge area's 2006-2008 ambient air 
monitoring data for ozone consistent with the requirements contained in 
40 CFR part 50 and recorded in the EPA AQS database. On the basis of 
that review, EPA has concluded that this area attained the 1997 8-hour 
ozone standard at the end of the 2008 ozone season, based on three 
years of complete, quality-assured and state certified 2006-2008 ozone 
data. In addition, ozone data for 2007-2009, also in AQS, show the area 
continues to attain the 1997 8-hour ozone NAAQS. Under EPA regulations 
at 40 CFR part 50, the 1997 8-hour ozone standard is attained when the 
3-year average of the annual fourth-highest daily maximum 8-hour 
average ozone concentrations at an ozone monitor is less than or equal 
to 0.08 parts per million (ppm) (i.e., 0.084 ppm, based on the rounding 
convention in 40 CFR part 50, Appendix I). This 3-year average is 
referred to as the design value. When the design value is less than or 
equal to 0.084 ppm at each monitor within the area, then the area is 
meeting the NAAQS. (See 69 FR 23857 (April 30, 2004) for further 
information.) Also, the data completeness requirement is met when the 
average percent of days with valid ambient monitoring data is greater 
than 90%, and no single year has less than 75% data completeness as 
determined in Appendix I of 40 CFR part 50.
    Table 1 shows the fourth-highest daily maximum 8-hour average ozone 
concentrations for the Baton Rouge, Louisiana nonattainment area 
monitors for the years 2006-2009.

  Table 1--Fourth High 8-Hour Ozone Average Concentrations and Design Values (ppm) in the Baton Rouge Area \1\
----------------------------------------------------------------------------------------------------------------
                                                   4th Highest daily max                Design values three year
                                   ----------------------------------------------------         averages
               Site                                                                    -------------------------
                                        2006         2007         2008         2009      2006-2008    2007-2009
----------------------------------------------------------------------------------------------------------------
Plaquemine (22-047-0009)..........        0.083        0.079        0.076        0.071        0.079        0.075
Carville (22-047-0012)............        0.085        0.086        0.073        0.076        0.081        0.078
Dutchtown (22-005-0004)...........        0.087        0.088        0.074        0.074        0.083        0.078
Baker (22-033-1001)...............        0.091        0.077        0.071        0.071        0.079        0.073
LSU (22-033-0003).................        0.085        0.085        0.072        0.084        0.080        0.080
Grosse Tete (22-047-0007).........        0.086        0.084        0.071        0.070        0.080        0.075
Port Allen (22-121-0001)..........        0.087        0.076        0.072        0.072        0.078        0.073
Pride (22-033-0013)...............        0.082        0.077        0.074        0.072        0.077        0.074
French Settlement (22-063-0002)...        0.079        0.084        0.075        0.075        0.079        0.078
Capitol (22-033-0009).............        0.084        0.074        0.067        0.076        0.075        0.072
----------------------------------------------------------------------------------------------------------------
\1\ Unlike for the 1-hour ozone standard, design value calculations for the 1997 8-hour ozone standard are based
  on a rolling three-year average of the annual 4th highest values (40 CFR part 50, Appendix I).

    EPA's review of these data shows that the Baton Rouge ozone 
nonattainment area has met and continues to meet the 1997 8-hour ozone 
NAAQS. Data for 2007-2009, show the area continues to attain the 1997 
8-hour ozone NAAQS. Preliminary data available to date for the 2010 
ozone season are consistent with continued attainment. EPA is 
soliciting public comments on the issues discussed in this notice or on 
other relevant matters pertaining to this rulemaking action. These 
comments will be considered before EPA takes final action. Interested 
parties may participate in the Federal rulemaking procedure by 
submitting written comments to the EPA Region 6 Office listed in the 
ADDRESSES section of this Federal Register.

V. Proposed Action

    EPA is proposing to determine that the Baton Rouge 1997 8-hour 
ozone moderate nonattainment area has attained the 1997 8-hour ozone 
standard, based on complete, quality assured data through 2008, and 
data for

[[Page 36318]]

2007-2009 indicating continued attainment. Preliminary data for the 
2010 ozone season available to date are consistent with continued 
attainment. As provided in 40 CFR 51.918, if EPA finalizes this 
determination, it would suspend the requirements for the Baton Rouge 
area to submit planning SIPs related to attainment of the 1997 8-hour 
ozone NAAQS for this area, for so long as the area continues to attain 
the standard.

VI. Statutory and Executive Order Reviews

    This action proposes to make a determination of attainment based on 
air quality, and would, if finalized, result in the suspension of 
certain Federal requirements, and would not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to the requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR part 52

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


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

    Dated: June 14, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 2010-15471 Filed 6-24-10; 8:45 am]
BILLING CODE 6560-50-P
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