Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Determination of Termination of Section 185 Fees, 39775-39777 [2011-16881]
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0547]
Drawbridge Operation Regulation;
Lafourche Bayou, Lafourche, LA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, Eighth
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Cut Off
vertical lift span bridge across the
Lafourche Bayou, mile 36.3, at Cut Off,
Lafourche Parish, LA. The deviation is
necessary to perform major maintenance
and repair on the bridge. This deviation
allows the bridge to remain closed to
navigation for 45 consecutive days
except that from 6 a.m. through 6 p.m.
the bridge will open every four hours,
as necessary, to allow waiting vessel
traffic to pass.
DATES: This deviation is effective from
6 a.m. on Monday, July 11, 2011
through 6 p.m. on Wednesday, August
24, 2011.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2011–
0547 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0547 in the ‘‘Keyword’’
box and then clicking ‘‘Search’’. They
are also available for inspection or
copying at the 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,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Jim Wetherington, Bridge
Administration Branch, Coast Guard;
telephone 504–671–2128, e-mail
james.r.wetherington@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
Lafourche Parish Government has
requested a temporary deviation from
the operating schedule of the vertical lift
span bridge across Lafourche Bayou,
mile 36.3 in Cut Off, Lafourche Parish,
LA. The vertical clearance of the bridge
in the closed-to-navigation position is 5
feet above Mean High Water and 73 feet
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SUMMARY:
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above Mean High Water in the open-tonavigation position.
In accordance with 33 CFR
117.465(a)(5), the vertical lift span of the
bridge shall open on signal for the
passage of vessels; except that from
August 15–May 31, the draw need not
open for the passage of vessels Monday–
Friday, except Federal holidays, from
7 a.m.–8:30 a.m.; from 2 p.m. to 4 p.m.;
and from 4:30 p.m. to 5:30 p.m. This
deviation allows the vertical lift span of
the bridge to remain closed to
navigation from Monday, July 11, 2011
through Wednesday, August 24, 2011
except that from 6 a.m. through 6 p.m.,
the bridge will open every four hours,
as necessary, to allow for the passage of
any vessels in waiting.
The closure is necessary to perform
major maintenance and repair. This
maintenance is essential for the
continued operation of the bridge.
Notices will be published in the Eighth
Coast Guard District Local Notice to
Mariners and will be broadcast via the
Coast Guard Broadcast Notice to
Mariners System.
Navigation on the waterway consists
of commercial and recreational fishing
vessels, small to medium crew boats,
and small tugs with and without tows.
Alternate routes are available for the
passage of vessels; however, this closure
was coordinated with waterway
interests who have indicated that they
will be able to adjust their operations
around the proposed work schedule.
Small vessels may pass under the bridge
while in the closed-to-navigation
position provided caution is exercised.
Due to prior experience and
coordination with waterway users, it
has been determined that this closure
will not have a significant effect on
vessels that use the waterway.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: June 21, 2011.
David M. Frank,
Chief, Bridge Administration Branch, U.S.
Coast Guard, by Direction.
[FR Doc. 2011–17108 Filed 7–6–11; 8:45 am]
BILLING CODE 9110–04–P
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39775
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2010–0404; FRL–9430–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Louisiana; Determination of
Termination of Section 185 Fees
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA has determined that
the State of Louisiana is no longer
required to submit a section 185 fee
program State Implementation Plan
(SIP) revision for the Baton Rouge ozone
nonattainment area to satisfy antibacksliding requirements for the 1-hour
ozone standard. This determination
(‘‘Termination Determination’’) is based
on complete, quality-assured monitoring
data showing attainment of the 1-hour
ozone National Ambient Air Quality
Standard (NAAQS), which is due to
permanent and enforceable emission
reductions implemented in the area.
DATES: This rule is effective August 8,
2011.
SUMMARY:
EPA has established a
docket for this action under Docket No.
EPA–R06–OAR–2010–0404. All
documents in the docket are listed in
the https://www.regulations.gov index.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy at
the Air Planning Section (6PDL),
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
ADDRESSES:
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)
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Rules and Regulations
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 background and legal rationale
for this final action?
III. What is the effect of this final action?
IV. What is EPA’s final analysis?
a. Attainment of the 1-Hour Ozone
Standard
b. Permanent and Enforceable Emission
Reductions
V. What comments did EPA receive?
VI. Final Action
VII. Statutory and Executive Order Reviews
I. What action Is EPA taking?
EPA has determined that Louisiana is
no longer required to submit a Clean Air
Act section 185 fee program SIP revision
for the Baton Rouge 1-hour ozone
nonattainment area to satisfy antibacksliding requirements associated
with the transition from the 1-hour
ozone standard to the 1997 8-hour
ozone standard. This Termination
Determination is based on EPA’s
determination that the area is attaining
the 1-hour ozone standard due to
permanent and enforceable emission
reductions implemented in the area.
EPA’s determination terminates the
area’s obligation to submit a section 185
fee program SIP revision for the 1-hour
ozone standard.
II. What is the background and legal
rationale for this final action?
For a detailed description of the
background and legal rationale for this
final action, see our proposed approval,
published March 29, 2011 (76 FR
17368).
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III. What is the effect of this final
action?
By finalizing this action, we are
terminating the requirement for the
State of Louisiana to submit a CAA
section 185 penalty fee 1-hour ozone
anti-backsliding SIP revision, which
would have required major stationary
sources in the Baton Rouge area to pay
fees as a penalty for failure to attain the
1-hour ozone standard by the area’s 1hour ozone attainment date.1
1 For
the reasons set forth in the proposal to this
final action, a final approval of the Termination
Determination for the 1-hour standard section 185
measures will not be rescinded based on
subsequent monitored nonattainment for the 1-hour
ozone standard.
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IV. What is EPA’s final analysis?
EPA’s final Termination
Determination is based upon EPA’s
determination that the BR area is
attaining the 1-hour ozone standard due
to permanent and enforceable emission
reductions implemented in the area, as
detailed in our proposal for this final
action.
a. Attainment of the 1-Hour Ozone
Standard
As noted above, EPA determined that
the Baton Rouge 1-hour ozone
nonattainment area attained the 1-hour
ozone NAAQS. For the details of that
determination see our final action at 75
FR 6570 (February 10, 2010). As
discussed in our proposal, EPA has also
determined that the area continues to
monitor attainment of the 1-hour ozone
standard, based on complete, qualityassured data for 2010. 76 FR 17368,
March 29, 2011.
EPA notes that, on September 9, 2010,
EPA determined that the Baton Rouge
1997 8-hour ozone nonattainment area
also attained the 1997 8-hour ozone
NAAQS. For the details of that
determination see our final action at 75
FR 54778 (September 9, 2010).2
b. Permanent and Enforceable Emission
Reductions
EPA is finalizing its determination
that the BR area demonstrated that the
observed air quality improvements with
respect to the 1-hour ozone standard are
due to permanent and enforceable
emission reductions through the
implementation of emission controls
contained in the SIP and in federal
control measures. For a detailed
analysis of these permanent and
enforceable measures, please see our
proposal at 76 FR 17371–17372.
V. What comments did EPA receive?
EPA received thirteen comment
letters in response to the proposed
rulemaking. The comment letters are
available for review in the docket for
this rulemaking. All commenters
expressed support for our proposed
action, and no adverse comments were
received. Comments were submitted by
American Chemistry Council, American
Petroleum Institute or ‘‘API’’, BASF,
Entergy Gulf State Louisiana L.L.C,
National Petrochemical & Refiners
Association (‘‘NPRA’’), PCS Nitrogen
Fertilizer, Shell Chemical LP, Syngenta
2 A final determination that attainment for the 8hour standard is due to permanent and enforceable
emissions reductions would provide an additional
basis for a Termination Determination for Baton
Rouge, but EPA has not yet made such a
determination and therefore does not rely on that
ground here.
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Crop Protection LLC, Williams Olefins,
LLC (Williams), ExxonMobil, Calpine
Corporation (Calpine), Louisiana
Chemical Association, the Baton Rouge
Area Chamber, and the Louisiana MidContinent Oil and Gas Association,
(collectively, the Associations), and
Baker Botts (through the Section 185
Working Group (the ‘‘Group’’). In
addition to expressing support, some
comments also addressed additional
points relating to requirements under
section 185 and triggers for
applicability, as well as other issues
which EPA considers to be outside the
scope of this Termination Determination
rulemaking, which-addresses only the
circumstances relating to termination of
the section 185 SIP obligation, and thus
EPA need not address such comments
here.
VI. Final Action
For the reasons set forth in the
proposed rulemaking and in this final
rulemaking, EPA is finalizing its
determination to terminate (Termination
Determination) the section 185 fee
penalty requirement for the Baton Rouge
area for the 1-hour ozone standard. This
final determination is based on EPA’s
determination that the area has attained
and continues to attain the 1-hour ozone
standard due to permanent and
enforceable emissions reductions.
VII. Statutory and Executive Order
Reviews
This action makes a determination of
termination of the CAA section 185
penalty fee requirement based on
attainment of the 1-hour ozone standard
due to permanent and enforceable
emission reductions, and results in the
termination of the section 185 fee
requirements for the 1-hour standard,
and does not impose any additional
requirements. For that reason, this
action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Rules and Regulations
• 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.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rules
in the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
these actions must be filed in the United
States Court of Appeals for the
appropriate circuit by September 6,
2011. Filing a petition for
reconsideration by the Administrator of
these final rules does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
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13:26 Jul 06, 2011
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review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: June 23, 2011.
Al Armendariz,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
Authority: 42 U.S.C. 7401 et seq.
Subpart T—Louisiana
2. Section 52.977 is amended by
adding paragraph (c) to read as follows:
■
Control strategy and regulations:
*
*
*
*
*
(c) Determination to Terminate the
Clean Air Act Section 185 Penalty Fee
Requirement. Effective September 6,
2011 EPA has determined that the State
of Louisiana is no longer required to
submit a section 185 fee program State
Implementation Plan (SIP) revision for
the Baton Rouge ozone nonattainment
area to satisfy anti-backsliding
requirements for the 1-hour ozone
standard. This determination is based
on EPA’s determination that the area
has attained the 1-hour ozone standard
due to permanent and enforceable
emissions reductions.
[FR Doc. 2011–16881 Filed 7–6–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2010–0907; FRL–9428–7]
Revisions to the California State
Implementation Plan, San Joaquin
Valley Unified Air Pollutions Control
District (SJVUAPCD)
Environmental Protection
Agency (EPA).
AGENCY:
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Final rule.
EPA is finalizing a limited
approval and limited disapproval of
revisions to the San Joaquin Valley
Unified Air Pollution Control District
(SJVUAPCD) portion of the California
State Implementation Plan (SIP). This
action was proposed in the Federal
Register on January 4, 2011 and
concerns volatile organic compound
(VOC) emissions from crude oil
production operations and refineries.
Under authority of the Clean Air Act as
amended in 1990 (CAA or the Act), this
action simultaneously approves local
rules that regulate these emission
sources and directs California to correct
rule deficiencies.
SUMMARY:
Effective Date: This rule is
effective on August 8, 2011.
DATES:
1. The authority citation for part 52
continues to read as follows:
■
§ 52.977
Ozone.
ACTION:
39777
EPA has established docket
number EPA–R09–OAR–2010–0907 for
this action. Generally, documents in the
docket for this action are available
electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed at
https://www.regulations.gov, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material, large maps, multivolume reports), and some may not be
available in either location (e.g.,
confidential business information
(CBI)). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Joanne Wells, EPA Region IX, (415)
947–4118, wells.joanne@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our,’’ refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On January 4, 2011 (76 FR 298), EPA
proposed a limited approval and limited
disapproval of the following rules that
were submitted for incorporation into
the California SIP.
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Agencies
[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Rules and Regulations]
[Pages 39775-39777]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16881]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2010-0404; FRL-9430-2]
Approval and Promulgation of Air Quality Implementation Plans;
Louisiana; Determination of Termination of Section 185 Fees
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA has determined that the State of Louisiana is no
longer required to submit a section 185 fee program State
Implementation Plan (SIP) revision for the Baton Rouge ozone
nonattainment area to satisfy anti-backsliding requirements for the 1-
hour ozone standard. This determination (``Termination Determination'')
is based on complete, quality-assured monitoring data showing
attainment of the 1-hour ozone National Ambient Air Quality Standard
(NAAQS), which is due to permanent and enforceable emission reductions
implemented in the area.
DATES: This rule is effective August 8, 2011.
ADDRESSES: EPA has established a docket for this action under Docket
No. EPA-R06-OAR-2010-0404. All documents in the docket are listed in
the https://www.regulations.gov index. Publicly available docket
materials are available either electronically in https://www.regulations.gov or in hard copy at the Air Planning Section (6PDL),
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)
[[Page 39776]]
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 background and legal rationale for this final
action?
III. What is the effect of this final action?
IV. What is EPA's final analysis?
a. Attainment of the 1-Hour Ozone Standard
b. Permanent and Enforceable Emission Reductions
V. What comments did EPA receive?
VI. Final Action
VII. Statutory and Executive Order Reviews
I. What action Is EPA taking?
EPA has determined that Louisiana is no longer required to submit a
Clean Air Act section 185 fee program SIP revision for the Baton Rouge
1-hour ozone nonattainment area to satisfy anti-backsliding
requirements associated with the transition from the 1-hour ozone
standard to the 1997 8-hour ozone standard. This Termination
Determination is based on EPA's determination that the area is
attaining the 1-hour ozone standard due to permanent and enforceable
emission reductions implemented in the area. EPA's determination
terminates the area's obligation to submit a section 185 fee program
SIP revision for the 1-hour ozone standard.
II. What is the background and legal rationale for this final action?
For a detailed description of the background and legal rationale
for this final action, see our proposed approval, published March 29,
2011 (76 FR 17368).
III. What is the effect of this final action?
By finalizing this action, we are terminating the requirement for
the State of Louisiana to submit a CAA section 185 penalty fee 1-hour
ozone anti-backsliding SIP revision, which would have required major
stationary sources in the Baton Rouge area to pay fees as a penalty for
failure to attain the 1-hour ozone standard by the area's 1-hour ozone
attainment date.\1\
---------------------------------------------------------------------------
\1\ For the reasons set forth in the proposal to this final
action, a final approval of the Termination Determination for the 1-
hour standard section 185 measures will not be rescinded based on
subsequent monitored nonattainment for the 1-hour ozone standard.
---------------------------------------------------------------------------
IV. What is EPA's final analysis?
EPA's final Termination Determination is based upon EPA's
determination that the BR area is attaining the 1-hour ozone standard
due to permanent and enforceable emission reductions implemented in the
area, as detailed in our proposal for this final action.
a. Attainment of the 1-Hour Ozone Standard
As noted above, EPA determined that the Baton Rouge 1-hour ozone
nonattainment area attained the 1-hour ozone NAAQS. For the details of
that determination see our final action at 75 FR 6570 (February 10,
2010). As discussed in our proposal, EPA has also determined that the
area continues to monitor attainment of the 1-hour ozone standard,
based on complete, quality-assured data for 2010. 76 FR 17368, March
29, 2011.
EPA notes that, on September 9, 2010, EPA determined that the Baton
Rouge 1997 8-hour ozone nonattainment area also attained the 1997 8-
hour ozone NAAQS. For the details of that determination see our final
action at 75 FR 54778 (September 9, 2010).\2\
---------------------------------------------------------------------------
\2\ A final determination that attainment for the 8-hour
standard is due to permanent and enforceable emissions reductions
would provide an additional basis for a Termination Determination
for Baton Rouge, but EPA has not yet made such a determination and
therefore does not rely on that ground here.
---------------------------------------------------------------------------
b. Permanent and Enforceable Emission Reductions
EPA is finalizing its determination that the BR area demonstrated
that the observed air quality improvements with respect to the 1-hour
ozone standard are due to permanent and enforceable emission reductions
through the implementation of emission controls contained in the SIP
and in federal control measures. For a detailed analysis of these
permanent and enforceable measures, please see our proposal at 76 FR
17371-17372.
V. What comments did EPA receive?
EPA received thirteen comment letters in response to the proposed
rulemaking. The comment letters are available for review in the docket
for this rulemaking. All commenters expressed support for our proposed
action, and no adverse comments were received. Comments were submitted
by American Chemistry Council, American Petroleum Institute or ``API'',
BASF, Entergy Gulf State Louisiana L.L.C, National Petrochemical &
Refiners Association (``NPRA''), PCS Nitrogen Fertilizer, Shell
Chemical LP, Syngenta Crop Protection LLC, Williams Olefins, LLC
(Williams), ExxonMobil, Calpine Corporation (Calpine), Louisiana
Chemical Association, the Baton Rouge Area Chamber, and the Louisiana
Mid-Continent Oil and Gas Association, (collectively, the
Associations), and Baker Botts (through the Section 185 Working Group
(the ``Group''). In addition to expressing support, some comments also
addressed additional points relating to requirements under section 185
and triggers for applicability, as well as other issues which EPA
considers to be outside the scope of this Termination Determination
rulemaking, which-addresses only the circumstances relating to
termination of the section 185 SIP obligation, and thus EPA need not
address such comments here.
VI. Final Action
For the reasons set forth in the proposed rulemaking and in this
final rulemaking, EPA is finalizing its determination to terminate
(Termination Determination) the section 185 fee penalty requirement for
the Baton Rouge area for the 1-hour ozone standard. This final
determination is based on EPA's determination that the area has
attained and continues to attain the 1-hour ozone standard due to
permanent and enforceable emissions reductions.
VII. Statutory and Executive Order Reviews
This action makes a determination of termination of the CAA section
185 penalty fee requirement based on attainment of the 1-hour ozone
standard due to permanent and enforceable emission reductions, and
results in the termination of the section 185 fee requirements for the
1-hour standard, and does not impose any additional requirements. For
that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
[[Page 39777]]
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);
[Igr]s 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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rules in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of these actions must be filed in the United States
Court of Appeals for the appropriate circuit by September 6, 2011.
Filing a petition for reconsideration by the Administrator of these
final rules does not affect the finality of this action for the
purposes of judicial review nor does it extend the time within which a
petition for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: June 23, 2011.
Al Armendariz,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart T--Louisiana
0
2. Section 52.977 is amended by adding paragraph (c) to read as
follows:
Sec. 52.977 Control strategy and regulations: Ozone.
* * * * *
(c) Determination to Terminate the Clean Air Act Section 185
Penalty Fee Requirement. Effective September 6, 2011 EPA has determined
that the State of Louisiana is no longer required to submit a section
185 fee program State Implementation Plan (SIP) revision for the Baton
Rouge ozone nonattainment area to satisfy anti-backsliding requirements
for the 1-hour ozone standard. This determination is based on EPA's
determination that the area has attained the 1-hour ozone standard due
to permanent and enforceable emissions reductions.
[FR Doc. 2011-16881 Filed 7-6-11; 8:45 am]
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