Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Louisiana; Baton Rouge Ozone Nonattainment Area: Redesignation to Attainment for the 1997 8-Hour Ozone Standard, 53853-53872 [2011-21728]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Proposed Rules]
[Pages 53853-53872]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21728]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R06-OAR-2010-0776; FRL-9456-7]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Louisiana; Baton Rouge 
Ozone Nonattainment Area: Redesignation to Attainment for the 1997 8-
Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a request from the State of 
Louisiana to redesignate the Baton Rouge, Louisiana moderate 1997 8-
hour ozone nonattainment area to attainment of the 1997 8-hour ozone 
standard. In proposing to approve this request, EPA also proposes to 
approve as a revision to the Louisiana State Implementation Plan (SIP), 
a 1997 8-hour ozone maintenance plan with a 2022 Motor Vehicle 
Emissions Budget (MVEB) for the Baton Rouge Nonattainment Area (BRNA or 
BR). EPA is also proposing to approve revisions to the Louisiana SIP 
that meets the Reasonably Available Control Technology (RACT) 
requirements (for nitrogen oxides (NOX) and volatile organic 
compounds (VOCs)) for the 1-hour and 1997 8-hour ozone standard 
requirements, and to approve a state rule establishing a maintenance 
plan contingency measure. In prior, separate rulemaking actions, EPA 
finalized its action to terminate the 1-hour ozone anti-backsliding 
section 185 penalty fee requirement. EPA has proposed to approve the 
Control Technique Guideline Rules (CTG Rules Update) that are necessary 
for redesignation. We are proposing that if the CTG Rules Update is 
finalized, the area will have a fully approved SIP that meets all of 
its applicable 1997 8-hour requirements and 1-hour anti-backsliding 
requirements under section 110 and Part D of the Federal Clean Air Act 
(CAA or Act) for purposes of redesignation.

DATES: Comments must be received on or before September 29, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2010-0776, 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 e-mail 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-
2010-0776. 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 whose 
disclosure is restricted by statute.

[[Page 53854]]

Do not submit through https://www.regulations.gov or e-mail, information 
that you consider to be CBI or otherwise protected. 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. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at https://www.epa.gov/epahome/dockets.htm.
    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.
    The State submittal, which is part of the EPA record, is also 
available for public inspection at the State Air Agency listed below 
during official business hours by appointment: Louisiana Department of 
Environmental Quality, 602 N. Fifth Street, Baton Rouge, LA 70802.

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 number 214-665-7263; e-mail address rennie.sandra@epa.gov.

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

Table of Contents

I. What are the actions EPA is proposing?
II. What is the background for these actions?
    A. What are the National Ambient Air Quality Standards?
    B. What is ozone and why do we regulate it?
    C. What is the background for the Baton Rouge area under the 1-
hour ozone NAAQS?
    D. What is the background for the BRNA under the 1997 8-hour 
ozone NAAQS?
III. What are the impacts of the court decisions on EPA's phase 1 
and 2 implementation rules upon the BRNA redesignation request?
    A. Summary of the Court Decisions
    B. Summary of EPA's Analysis of the Impact of the Court 
Decisions on the BRNA Area
    1. Requirements under the 1997 Eight-Hour Ozone Standard
    2. Requirements under the One-Hour Ozone Standard
IV. What are the CAA criteria for redesignation?
V. What is EPA's analysis of the state's redesignation request and 
maintenance plan and what is the basis for EPA's proposed actions?
    A. Has the BRNA attained the ozone NAAQS?
    1. Attainment of the 8-Hour NAAQS
    2. Attainment of the 1-Hour NAAQS
    B. Has the state of Louisiana met all applicable requirements of 
section 110 and part D of the CAA and does the BRNA have a fully 
approved SIP under section 110(k) of the CAA for purposes of 
redesignation to attainment?
    1. The BRNA Has Met All Requirements of Section 110 and Part D 
of the CAA Applicable for Purposes of Redesignation for the 8-Hour 
NAAQS
    a. Section 110 and General SIP Requirements
    b. Part D SIP Requirements
    (i) Has the BRNA met the part D nonattainment requirements under 
the 1-hour ozone standard?
    (ii) South Coast Anti-Backsliding Measures
    (iii) Part D SIP Requirements Under 1997 8-Hour Standard: Part 
D, subpart 2 applicable SIP requirements
    (iv) Section 176 Conformity Requirements
    (v) NSR Requirements
    (vi) Section 182(a)(1) Inventory Requirements
    2. The BRNA Has a Fully Approved SIP Under Section 110(k) of the 
CAA
    C. Are the air quality improvements in the BRNA nonattainment 
area due to permanent and enforceable emission reductions resulting 
from the implementation of state and federal regulations and other 
permanent and enforceable emission reductions?
    1. Emissions Reductions as Shown by Emissions Inventory Data
    2. Impact of Emissions Controls Implementation: Trend Analysis
    3. Permanent and Enforceable Emissions Controls Implemented
    a. Reasonably Available Control Techniques
    b. ROP Plans and Attainment Demonstration Plan
    c. NOX Control Rules
    d. Federal Emission Control Measures
    D. Does the BRNA have a fully approvable maintenance plan 
pursuant to section 175A of the CAA?
    1. What is required in an ozone maintenance plan?
    2. What is the attainment inventory for the BRNA?
    3. Has the state of Louisiana committed to maintain the ozone 
monitoring system in the BRNA?
    4. Has the state demonstrated maintenance in the BRNA?
    5. What is the contingency plan for the BRNA?
    a. Verification of Continued Attainment
    b. Contingency Plan
    c. Controls to Remain In Effect
VI. What is EPA's evaluation of the BR area's motor vehicle 
emissions budgets?
    A. What are the transportation requirements for approvable 
MVEBs?
    B. What is the status of EPA's adequacy determination?
    C. Is the MVEB approvable?
VII. What are EPA's proposed actions?
VIII. Statutory and Executive Order Reviews

I. What are the actions EPA is proposing?

    EPA is proposing to take several related actions pursuant to the 
Act for the BRNA moderate 1997 8-hour ozone nonattainment area, 
consisting of Ascension, East Baton Rouge, Iberville, Livingston, and 
West Baton Rouge Parishes in Louisiana. EPA is proposing to find that 
the BRNA has met the requirements for redesignation under section 
107(d)(3)(E) of the Act, and is therefore proposing to approve a 
request from the State of Louisiana to redesignate the BRNA to 
attainment of the 1997 8-hour ozone standard. EPA is also proposing to 
approve, pursuant to section 175A of the Act, the area's 1997 8-hour 
ozone maintenance plan as a revision to the Louisiana SIP; to approve 
the plan's associated 2022 MVEB; to approve additional submissions to 
meet applicable VOC and NOX RACT requirements; and to 
approve a State Rule revision that establishes a

[[Page 53855]]

contingency measure for the maintenance plan. In a separate rulemaking, 
EPA has finalized an action to terminate CAA section 185 penalty fee 
requirements for the 1-hour ozone standard. (July 7, 2011, 76 FR 
39775). EPA is proposing to find that the BR area will satisfy all 
moderate area requirements for the 1997 8-hour ozone NAAQS and severe 
area 1-hour ozone anti-backsliding requirements applicable for purposes 
of the area's redesignation for the 1997 8-hour ozone standard once the 
CTG Rule Update is finalized. A fuller discussion of how the BRNA met 
these requirements is discussed in detail later in this document. The 
Technical Support Document (TSD), for this action also provides further 
information on how the BRNA area satisfies the 8-hour moderate area 
requirements and 1-hour severe area requirements for anti-backsliding 
purposes.
    Based upon the above, EPA is proposing to approve the State of 
Louisiana's request, submitted on August 31, 2010, and supplemented on 
February 14, 2011, through the Louisiana Department of Environmental 
Quality (LDEQ), to redesignate the BRNA to attainment of the 1997 8-
hour ozone standard.

II. What is the background for these actions?

A. What are the National Ambient Air Quality Standards?

    Section 109 of the Act requires EPA to establish NAAQS for 
pollutants that ``may reasonably be anticipated to endanger public 
health and welfare,'' and to develop a primary and secondary standard 
for each NAAQS. The primary standard is designed to protect human 
health with an adequate margin of safety, and the secondary standard is 
designed to protect public welfare and the environment. EPA has set 
NAAQS for six common air pollutants, referred to as criteria 
pollutants: Carbon monoxide, lead, nitrogen dioxide, ozone, particulate 
matter, and sulfur dioxide. These standards present state and local 
governments with the minimum air quality levels they must meet to 
comply with the Act. Also, these standards provide information to 
residents of the United States about the air quality in their 
communities. A State's SIP addresses these requirements, as required by 
section 110 and other provisions of the Act. The SIP is a set of air 
pollution regulations, control strategies, other means or techniques, 
and technical analyses developed by the state, to ensure that the state 
meets the NAAQS.

B. What is ozone and why do we regulate it?

    Ozone, a gas composed of three oxygen atoms, at the ground level is 
generally not emitted directly by sources such as from a vehicle's 
exhaust or an industrial smokestack; rather, ground level ozone is 
produced by a chemical reaction between nitrogen oxides 
(NOX) and VOCs in the presence of sunlight and high ambient 
temperatures. NOX and VOCs are referred to as precursors of 
ozone. Motor vehicle exhaust and industrial emissions, gasoline vapors, 
and chemical solvents all contain NOX and VOCs. Urban areas 
tend to have high concentrations of ground-level ozone, but areas 
without significant industrial activity and with relatively low 
vehicular traffic are also subject to increased ozone levels because 
wind carries ozone and its precursors many miles from the sources. The 
Act establishes a process for air quality management through the NAAQS.
    Repeated exposure to ozone pollution may cause lung damage. Even at 
very low concentrations, ground-level ozone triggers a variety of 
health problems including aggravated asthma, reduced lung capacity, and 
increased susceptibility to respiratory illnesses like pneumonia and 
bronchitis. It can also have detrimental effects on plants and 
ecosystems.

C. What is the background for the Baton Rouge area under the 1-hour 
ozone NAAQS?

    EPA first designated the Baton Rouge area as an ozone nonattainment 
area in 1978. 43 FR 8964, 8998 (March 3, 1978). The BR 1-hour ozone 
nonattainment area contains five parishes: East Baton Rouge; West Baton 
Rouge; Ascension; Iberville; and Livingston Parishes (40 CFR 81.319). 
In 1991, the BR area was designated nonattainment by operation of law 
and EPA classified the BR area as a ``serious'' ozone nonattainment 
area with a statutory attainment deadline of November 15, 1999. 56 FR 
56694 (November 6, 1991). EPA approved the serious attainment 
demonstration SIP and its associated elements, e.g., attainment Motor 
Vehicle Emissions Budgets (MVEB), the Reasonably Available Control 
Measures (RACM) demonstration, on July 2, 1999. See 64 FR 35930. The BR 
area, however, did not attain by the serious area statutory deadline of 
November 15, 1999. Before this deadline however, EPA had issued a 
guidance memorandum that allowed an area to retain its existing 
classification and receive a later attainment deadline if the EPA found 
that area met all of its existing classification requirements, approved 
a demonstration that the area would attain but for the transport from 
another area, and approved the attainment demonstration SIP with its 
associated elements. See EPA's ``Guidance on Extension of Attainment 
Dates for Downwind Transport Areas'' (the Extension Policy) (Richard D. 
Wilson, Acting Assistant Administrator for Air and Radiation) July 16, 
1998. On October 2, 2002, EPA approved the revised attainment 
demonstration SIP and its associated elements, found the area met all 
of the serious area requirements, found there was transport from Texas 
affecting the BR area reaching attainment, and extended the attainment 
date for the BR area to November 15, 2005, without reclassifying the 
area from serious to severe, consistent with the policy. 67 FR 61786 
(October 2, 2002).
    On December 11, 2002, the U.S. Court of Appeals for the Fifth 
Circuit vacated EPA's attainment date extension policy, which had been 
applied to extend the 1-hour ozone attainment deadline for the Baton 
Rouge area without reclassifying the area. Sierra Club v. EPA, 314 F.3d 
735 (5th Cir. 2002). Thereupon EPA on April 24, 2003, withdrew the 
action extending the attainment deadline for Baton Rouge, finalized its 
finding that the area failed to attain the 1-hour ozone standard by the 
serious area deadline, and reclassified the Baton Rouge area by 
operation of law, to severe nonattainment for the 1-hour ozone 
standard. See 68 FR 20077.\1\ As a result of its reclassification to 
severe, the State was required, among other things, to submit by June 
23, 2004, a new 1-hour severe attainment demonstration SIP with an 
attainment date of November 15, 2005, with a 25 ton per year major 
stationary source threshold, additional reasonably available control 
technology (RACT) rules for sources subject to the new lower major 
stationary source

[[Page 53856]]

threshold, a new source review (NSR) offset requirement of at least 1.3 
to 1, a rate of progress in emission reductions of ozone precursors of 
at least 3 percent of baseline emissions per year from November 15, 
1999, until the attainment year, additional transportation control 
measures (TCMs) needed to offset growth in emissions due to growth in 
vehicle miles traveled (VMT), and a fee requirement for major 
stationary sources of volatile organic compounds (VOC) and nitrogen 
oxides (NOx) should the area fail to attain by 2005. The 
state was required to implement the EPA-triggered failure-to-attain 
contingency measures, submit a replacement for, i.e., backfill for, the 
triggered failure-to-attain contingency measures, and to meet the 
remaining severe area requirements under section 182(d) of the Act. The 
State submitted severe area rules that addressed the 25 tpy and major 
source offset requirements,\2\ a VMT offset analysis, and a substitute 
contingency measure to replace the serious area contingency measure 
that was previously approved into the serious area attainment 
demonstration.
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    \1\ Petitions for review of the October 2, 2002, rulemaking were 
filed in the U.S. Court of Appeals for the Fifth Circuit (Louisiana 
Environmental Action Network (LEAN) v. EPA, No. 02-60991). The 
issues raised concerned EPA's decision to approve Louisiana's 
substitute contingency measures plan, the revised attainment 
demonstration SIP with a later attainment deadline without 
reclassifying the area to severe, and the associated precursor 
trading provision of the NSR rules. On February 25, 2003, the court 
granted EPA's partial voluntary remand to allow EPA the time to meet 
the December 2002 court decision by withdrawing its approval of the 
revised attainment demonstration SIP that extended the attainment 
deadline without reclassifying the area and the associated NSR 
precursor trading provision. The court also addressed the substitute 
contingency measures claim, and vacated and remanded EPA's approval 
of the contingency measures.
    \2\ However, the State subsequently reversed these rules when 
the 1-hour ozone standard was revoked.
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    Upon reclassification to severe, under section 211(k) of the Act, 
the use of reformulated gasoline (RFG) was to be required in the BRNA 
one year after the effective date of the reclassification. The 
Louisiana Department of Environmental Quality, the City of Baton Rouge, 
and the Chamber of Greater Baton Rouge all formally requested a waiver 
and/or delay of implementation of the RFG requirement in the Baton 
Rouge severe ozone nonattainment area. EPA denied these requests. The 
City and the Chamber filed a Petition for Review in the U.S. Court of 
Appeals for the Fifth Circuit. The parties filed a joint motion for a 
voluntary remand to EPA to allow it to reconsider its decision in light 
of new information. On August 2, 2004, the Fifth Circuit Court of 
Appeals approved the joint motion, remanding the matter to EPA and 
staying the litigation and enforcement of the RFG requirement for the 
BRNA during the remand. The Court's stay of enforcement of the RFG 
requirement in the BRNA currently remains in effect.
    On February 10, 2010 EPA determined that the BRNA area was 
attaining the 1-hour ozone standard based on quality-assured, certified 
data for the 2006-2008 ozone monitoring seasons. This determination 
suspended the 1-hour attainment demonstration requirement, 1-hour rate 
of progress requirement, the 1-hour contingency measures, and other SIP 
planning requirements related to attainment of the 1-hour ozone NAAQS. 
See 75 FR 6570. Lastly, on July 7, 2011, EPA finalized its action to 
terminate the CAA section 185 penalty fee requirements for the Baton 
Rouge 1-hour ozone standard. For a more detailed rationale, see our 
proposed and final actions at 76 FR 17368 and 76 FR 39775.

D. What is the background for the BRNA under the 1997 8-hour ozone 
NAAQS?

    On July 18, 1997, EPA promulgated a revised 8-hour ozone standard 
of 0.08 parts per million (ppm), which is more protective than the 
previous 1-hour ozone standard (62 FR 38855).\3\ The EPA published the 
1997 8-hour ozone designations and classifications on April 30, 2004 
(69 FR 23858). The BRNA was designated nonattainment and initially 
classified as marginal. The area includes five parishes (counties): 
Ascension, East Baton Rouge, Iberville, Livingston, and West Baton 
Rouge (these constitute the former 1-hour ozone nonattainment area). 
The effective date of designation for the 1997 8-hour ozone NAAQS was 
June 15, 2004. Under the marginal nonattainment designation, the latest 
attainment date for the BRNA was June 15, 2007. The BRNA did not 
monitor attainment of the 1997 8-hour ozone NAAQS by the June 15, 2007 
deadline, based upon complete, quality-assured and certified ambient 
air quality monitoring data for the 2004-2006 ozone seasons.
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    \3\ On March 27, 2008 (73 FR 16436), EPA promulgated a revised 
8-hour ozone standard of 0.075 ppm. On January 6, 2010, EPA proposed 
to set the level of the primary 8-hour ozone standard within the 
range of 0.060 to 0.070 ppm, rather than at 0.075 ppm. EPA 
anticipates that by August 2011 it will have completed 
reconsideration of the standard and thereafter will proceed with 
designations. The actions addressed in today's proposed rulemaking 
relate only to redesignation for the 1997 8-hour ozone standard. 
EPA's actions with respect to this new standard do not affect EPA's 
action here.
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    Therefore, EPA determined that the BRNA had failed to attain the 
1997 8-hour ozone standard by the applicable attainment deadline and 
the area was reclassified by operation of law as a moderate 1997 8-hour 
ozone nonattainment area, effective April 21, 2008 (73 FR 15087). This 
determination was based on ambient air quality data from the 2004-2006 
monitoring period. In a subsequent rulemaking (September 9, 2010, 75 FR 
54778) EPA determined that (based on monitoring data for 2006-2009 
monitoring periods and preliminary 2010 data) the BRNA has since 
attained the 1997 8-hour ozone standard. Recent certified air quality 
data for 2010 indicate that the BRNA continues to attain the 1997 8-
hour ozone standard. See Section V.A.
    The deadline for submission of requirements to meet the area's new 
8-hour moderate nonattainment area classification was January 1, 2009 
(73 FR 14391). The LDEQ, on December 14, 2009, submitted a request that 
EPA determine that the BRNA was monitoring attainment for the 1997 8-
hour ozone standard. As stated earlier, EPA finalized a determination 
of attainment on September 9, 2010. This determination suspended the 
requirement for a 1997 8-hour attainment demonstration, 8-hour rate of 
progress plan and 8-hour contingency measures. (See 75 FR 54778). On 
August 31, 2010, the state submitted a request for redesignation to 
attainment. As stated previously, the request included a maintenance 
plan with associated MVEB.

III. What are the impacts of the court decisions on EPA's phase 1 and 2 
implementation rules upon the BRNA redesignation request?

A. Summary of the Court Decisions

    The following sets forth EPA's views on the effect of the U.S. 
Court of Appeals for the District of Columbia rulings on this proposed 
redesignation action. For the reasons set forth below, EPA does not 
believe that the Court's rulings alter any requirements relevant to 
this redesignation action or prevent EPA from proposing or ultimately 
finalizing this redesignation. EPA believes that the Court's December 
22, 2006, June 8, 2007, and July 10, 2009, decisions impose no 
impediment to moving forward with redesignation of this area to 
attainment, because even in light of the court's decisions, 
redesignation is appropriate under the relevant redesignation 
provisions of the CAA and longstanding policies regarding redesignation 
requests.
    EPA published a first phase rule governing implementation of the 
1997 8-hour ozone standard (Phase 1 Rule) on April 30, 2004 (69 FR 
23951). The Phase 1 Rule addresses classifications for the 1997 8-hour 
NAAQS and for revocation for the 1-hour NAAQS; how anti-backsliding 
principles will ensure continued progress toward attainment of the 1997 
8-hour NAAQS; attainment dates; and the timing of emissions reductions 
needed for attainment. The Phase 1 Rule revoked the 1-hour ozone 
standard. The Phase 1 Rule also provided that 1-hour ozone 
nonattainment areas are required to adopt and implement ``applicable 
requirements'' according to the area's classification under the 1-hour 
ozone

[[Page 53857]]

standard for anti-backsliding purposes. See 40 CFR 51.905(a)(i). On May 
26, 2005, we determined that an area's 1-hour designation and 
classification as of June 15, 2004 would dictate what 1-hour 
obligations remain as ``applicable requirements'' under the Phase 1 
Rule. 40 CFR 51.900(f). (70 FR 30592). As discussed previously, the 
Baton Rouge area's classification under the 1-hour standard as of June 
15, 2004 was ``severe.''
    On December 22, 2006, the U.S. Court of Appeals for the District of 
Columbia vacated EPA's Phase 1 Rule in South Coast Air Quality 
Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 2006). On June 8, 
2007, in response to several petitions for rehearing, the Court 
clarified that the Phase 1 rule was vacated only with regard to those 
parts of the rule that had been successfully challenged. See 489 F.3d 
1245 (D.C. Cir. 2007), cert. denied, 128 S.Ct. 1065 (2008). By limiting 
the vacatur, the Court let stand EPA's revocation of the 1-hour 
standard and those anti-backsliding provisions of the Phase 1 rule that 
had not been successfully challenged. The June 8, 2007 opinion 
reaffirmed the December 22, 2006 decision that EPA had improperly 
failed to retain four measures required for 1-hour nonattainment areas 
under the anti-backsliding provisions of the regulations: (1) 
Nonattainment area new source review (NSR) requirements based on an 
area's 1-hour nonattainment classification; (2) section 185 penalty 
fees for 1-hour severe or extreme nonattainment areas that fail to 
attain the 1-hour standard by the 1-hour attainment date; and (3) 
measures to be implemented pursuant to section 172(c)(9) or 182(c)(9) 
of the Act, on the contingency of an area not making reasonable further 
progress toward attainment of the 1-hour NAAQS or for failure to attain 
that NAAQS; and (4) the court clarified that the Court's reference to 
conformity requirements was limited to requiring the continued use of 
1-hour motor vehicle emissions budgets until 8-hour budgets were 
available for 8-hour conformity determinations.
    EPA published a second rule governing implementation of the 1997 8-
hour ozone standard (Phase 2 Rule) on November 29, 2005 (70 FR 71612), 
as revised on June 8, 2007 (72 FR 31727). The Phase 2 Rule addressed, 
among other things, the Clean Data Policy as codified in 40 CFR 51.918. 
The Court upheld the Clean Data Policy, agreeing with the Tenth Circuit 
that EPA's interpretation of the Act was reasonable. NRDC v. EPA, 571 
F.3d 1245 (D.C. Cir. 2009). See Sierra Club v. EPA, 99 F.3d 1551 (10th 
Cir. 1996).

B. Summary of EPA's Analysis of the Impact of the Court Decisions on 
the BRNA Area

1. Requirements under the 1997 Eight-Hour Ozone Standard
    For the 1997 8-hour ozone standard, the BRNA ozone nonattainment 
area was originally classified as marginal nonattainment under subpart 
2 of the CAA and reclassified to moderate on March 21, 2008 (73 FR 
15087). The June 8, 2007, opinion clarifies that the Court did not 
vacate the Phase 1 Rule's provisions with respect to classifications 
for areas under subpart 2. The Court's decision, therefore, upholds 
EPA's classifications for those areas classified under subpart 2 for 
the eight-hour ozone standard, and all eight-hour ozone requirements 
for these areas remain in place.
2. Requirements Under the One-Hour Ozone Standard
    In its June 8, 2007, decision, the Court limited its vacatur so as 
to uphold those provisions of EPA's anti-backsliding requirements that 
were not successfully challenged. Therefore, an area must meet the 
anti-backsliding requirements, see 40 CFR 51.900, et seq.; 70 FR 30592, 
30604 (May 26, 2005), which apply by virtue of the area's 
classification for the one-hour ozone NAAQS. As set forth in more 
detail below, the area must also address several additional anti-
backsliding provisions identified by the Court in its decisions. We 
address later on in this notice how the 1-hour anti-backsliding 
obligations (as interpreted and directed by the court) are met in the 
context of a redesignation action for the 1997 8-hour NAAQS.

IV. What are the CAA criteria for redesignation?

    The Act sets forth the requirements for redesignating a 
nonattainment area to attainment. Specifically, CAA section 
107(d)(3)(E) allows for redesignation provided that (1) The 
Administrator determines that the area has attained the applicable 
NAAQS; (2) the Administrator has fully approved the applicable 
implementation plan for the area under CAA section 110(k); (3) the 
Administrator determines that the improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the applicable SIP and applicable Federal air 
pollutant control regulations and other permanent and enforceable 
reductions; (4) the Administrator has fully approved a maintenance plan 
for the area as meeting the requirements of CAA section 175A; and (5) 
the State containing such area has met all requirements applicable to 
the area under CAA section 110 and part D.
    EPA provided guidance on redesignation in the General Preamble for 
the Implementation of Title I of the CAA Amendments of 1990, on April 
16, 1992 (57 FR 13498), and supplemented this guidance on April 28, 
1992 (57 FR 18070). EPA has provided further guidance on processing 
redesignation requests in the following documents:
    1. ``Ozone and Carbon Monoxide Design Value Calculations,'' 
Memorandum from Bill Laxton, June 18, 1990.
    2. ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
    3. ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
    4. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment'', Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992;
    5. ``State Implementation Plan (SIP) Actions Submitted in Response 
to Clean Air Act (ACT) Deadlines,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, October 28, 1992;
    6. ``Technical Support Documents (TSDs) for Redesignation of Ozone 
and Carbon Monoxide (CO) Nonattainment Areas'', Memorandum from G.T. 
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
    7. ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On 
or After November 15, 1992'', Memorandum from Michael Shapiro, Acting 
Assistant Administrator for Air and Radiation, September 17, 1993;
    8. ``Use of Actual Emissions in Maintenance Demonstrations for 
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, 
Acting Director, Air Quality Management Division, November 30, 1993;
    9. ``Part D New Source Review (Part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for

[[Page 53858]]

Air and Radiation, October 14, 1994; and
    10. ``Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone 
National Ambient Air Quality Standard,'' Memorandum from John S. Seitz, 
Director, Office of Air Quality Planning and Standards, May 10, 1995.

V. What is EPA's analysis of the state's redesignation request and 
maintenance plan and what is the basis for EPA's proposed actions?

A. Has the BRNA attained the ozone NAAQS?

    EPA has previously determined that that the BRNA ozone 
nonattainment area has attained both the 1- hour and 1997 8-hour ozone 
standards. As set forth below, data available subsequent to those 
determinations shows that the area continues to attain both standards.
1. Attainment of the 8-Hour NAAQS
    EPA determined that the BRNA area was attaining the 1997 8-hour 
standard based on complete quality-assured, certified data for the 
2006-2009 ozone monitoring seasons. For a more detailed rationale, see 
our final action at 75 FR 54778 (September 9, 2010). Since that time, 
complete, quality-assured and certified monitoring data for the 2010 
calendar year have become available that show the area is still 
attaining the 1997 8-hour standard. Draft air quality monitoring data 
\4\ indicate the area is still attaining the 1997 8-hour ozone 
standard. The fourth high values for 8-hour ozone for 2010, and the 3-
year average of these values (i.e., design value), are summarized in 
Table 1:
---------------------------------------------------------------------------

    \4\ https://www.deq.louisiana.gov/portal/DIVISIONS/Assessment/AirFieldServices/AmbientAirMonitoringProgram/AirMonitoringData.aspx.

     Table 1--BRNA Area, Fourth Highest 8-Hour Ozone Concentrations and Design Values Data Summary (ppm) \1\
----------------------------------------------------------------------------------------------------------------
                                                            4th Highest daily max                 Design values
                                             ---------------------------------------------------    three year
                    Site                                                                             averages
                                                    2008             2009             2010      ----------------
                                                                                                    2008-2010
----------------------------------------------------------------------------------------------------------------
Plaquemine (22-047-0009)....................            0.076            0.071            0.074            0.073
Carville (22-047-0012)......................            0.073            0.076            0.072            0.073
Dutchtown (22-005-0004).....................            0.074            0.074            0.078            0.075
Baker (22-033-1001).........................            0.071            0.071            0.075            0.072
LSU (22-033-0003)...........................            0.072            0.084            0.080            0.078
Grosse Tete (22-047-0007)...................            0.071            0.070            0.074            0.071
Port Allen (22-121-0001)....................            0.072            0.072            0.071            0.071
Pride (22-033-0013).........................            0.074            0.072            0.071            0.072
French Settlement (22-063-0002).............            0.075            0.075            0.076            0.075
Capitol (22-033-0009).......................            0.067            0.076            0.076            0.073
----------------------------------------------------------------------------------------------------------------
\1\ Unlike for the 1-hour ozone standard, design value calculations for the 8-hour ozone standard are based on a
  rolling three-year average of the annual 4th highest values (40 CFR part 50, Appendix I).

    In addition, as discussed below with respect to the maintenance 
plan, Louisiana has committed to continue monitoring in this area in 
accordance with 40 CFR part 58.
    Should the area violate the 1997 8-hour ozone standard before the 
proposed redesignation is finalized, EPA will not proceed with final 
redesignation.
    The ozone monitoring network run by LDEQ in the BRNA has monitored 
attainment with the 1997 8-hour ozone standard based on data from 2006 
through 2010. The 1997 ozone NAAQS is 0.08 parts per million based on 
the three-year average of the fourth-highest daily maximum 8-hour 
average ozone concentration measured at each monitor within an area. 
The 1997 ozone standard is considered to be attained at 84 parts per 
billion (ppb). The design value for the monitoring period 2006-2008 was 
0.083 ppb. For the monitoring period 2007-2009, it was 0.080 ppb. For 
the monitoring period 2008-2010, the design value for the BRNA was 
0.078 ppb. Draft data available for 2011 are consistent with continued 
attainment. In summary, the data show BRNA has attained the 1997 8-hour 
ozone NAAQS.
2. Attainment of the 1-Hour NAAQS
    On February 10, 2010 EPA determined that the BRNA area was 
attaining the 1-hour ozone standard based on quality-assured, certified 
data for the 2006-2008 ozone monitoring seasons. For a more detailed 
rationale, see our final action at 75 FR 6570. Since that time, 
complete, quality-assured and certified data that have become available 
showing the area continues to attain the 1-hour ozone standard as shown 
in Table 2.

          Table 2--Summary of 1-Hour Design Values Through 2010
------------------------------------------------------------------------
                                                           Design value
                    Monitoring period                          (ppb)
------------------------------------------------------------------------
2006-2008...............................................             114
2007-2009...............................................             114
2008-2010...............................................             107
------------------------------------------------------------------------

B. Has the state of Louisiana met all applicable requirements of 
section 110 and part D of the CAA and does the BRNA have a fully 
approved SIP under section 110(k) of the CAA for purposes of 
redesignation to attainment?

    EPA has reviewed the Louisiana SIP for the BR area with respect to 
SIP requirements applicable for purposes of redesignation under part D 
of the Act for both the 1-hour ozone NAAQS and the 1997 8-hour ozone 
NAAQS. EPA believes that, with the exception of certain 1-hour and 8-
hour ozone RACT requirements that will be acted on in a separate 
rulemaking, the Louisiana SIP

[[Page 53859]]

for the BRNA currently contains approved SIP measures that meet the 
part D requirements applicable for purposes of redesignation. We are 
also proposing to find that the area meets the severe area 1-hour ozone 
and 1997 8-hour RACT requirements, provided that EPA finally approves 
in a separate rulemaking action the RACT requirements for the source 
categories covered by the CTG Rules Update. As discussed previously, 
EPA, in a separate final rulemaking, has approved the termination of 
the section 185 penalty fee requirement. The 1-hour and 1997 8-hour 
ozone applicable requirements are discussed in detail below.
    In evaluating a request for redesignation, EPA's long-held position 
is that those requirements expressly linked by statutory language with 
the attainment and reasonable further progress requirements do not 
apply if EPA determines that the area is attaining the standard. 
Additionally, it is EPA's interpretation of CAA section 107(d)(3)(E) 
that applicable requirements of the Act that come due subsequent to the 
area's submittal of a complete redesignation request remain applicable 
until a redesignation is approved, but are not required as a 
prerequisite to redesignation. Under this interpretation, to qualify 
for redesignation, states requesting redesignation to attainment must 
meet only the relevant requirements of the Act that come due prior to 
the submittal of a complete redesignation request. See Sierra Club v. 
EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 25424, 25427 (May 12, 
2003) (redesignation of St. Louis, Missouri); September 4, 1992 
Calcagni memorandum; September 17, 1993 Michael Shapiro memorandum, and 
60 FR 12459, 12465-66 (March 7, 1995) (redesignation of Detroit-Ann 
Arbor, MI).
    The applicable 1997 8-hour ozone standard requirements for the BRNA 
area are those for a moderate nonattainment area.
    Because EPA found the BRNA monitored attainment of the 1-hour and 
1997 8-hour standards (see citations in section V.A. above), it 
suspended the requirements for the state to submit certain planning 
SIPs related to attainment, including attainment demonstration 
requirements, the reasonably available control measures (RACM) 
requirement of section 172(c)(1) of the Act, the reasonable further 
progress (RFP) and attainment demonstration requirements of sections 
172(c)(2) and (6) and 182(b)(1) of the Act, and the requirement for 
contingency measures of section 172(c)(9) of the Act as long as the 
area continues to monitor attainment of those standards. These 
requirements will cease to apply upon redesignation to attainment.
    In addition, in the context of redesignations, EPA has interpreted 
requirements related to attainment as not applicable for purposes of 
redesignation. For example, in the General Preamble EPA stated that:

    [T]he section 172(c)(9) requirements are directed at ensuring 
RFP and attainment by the applicable date. These requirements no 
longer apply when an area has attained the standard and is eligible 
for redesignation. Furthermore, section 175A for maintenance plans * 
* * provides specific requirements for contingency measures that 
effectively supersede the requirements of section 172(c)(9) for 
these areas. [General Preamble for the Interpretation of Title I of 
the Clean Air Act Amendments of 1990,'' (General Preamble) 57 FR 
13498, 13564 (April 16, 1992)]

See also Calcagni memorandum dated Sept 4, 1992 (``The requirements for 
reasonable further progress and other measures needed for attainment 
will not apply for redesignations because they only have meaning for 
areas not attaining the standard.'' From the memorandum, section 
4.b.i.).
    In prior separate actions, EPA has finalized the termination of the 
requirement for the 1-hour ozone 185 fees program. EPA has proposed 
approval of the CTG Rules Update. EPA is thus proposing to find that 
upon final approval of the CTG Rules Update, the BRNA will have a fully 
approved SIP under 110(k) for redesignation purposes and it will meet 
all CAA 110 and part D applicable requirements for purposes of 
redesignation for the 1997 8-hour ozone standard.
1. The BRNA Has Met All Requirements of Section 110 and Part D of the 
CAA Applicable for Purposes of Redesignation for the 8-Hour NAAQS
a. Section 110 and General SIP Requirements
    Section 110(a) of Title I of the CAA contains the general 
requirements for a SIP. Section 110(a)(2) provides that the 
implementation plan submitted by a State must have been adopted by the 
State after reasonable public notice and hearing, and, among other 
things, must: Include enforceable emission limitations and other 
control measures, means or techniques necessary to meet the 
requirements of the CAA; provide for establishment and operation of 
appropriate devices, methods, systems, and procedures necessary to 
monitor ambient air quality; provide for implementation of a source 
permit program to regulate the modification and construction of any 
stationary source within the areas covered by the plan; include 
provisions for the implementation of part C, Prevention of Significant 
Deterioration (PSD) and part D, NSR permit programs; include criteria 
for stationary source emission control measures, monitoring, and 
reporting; include provisions for air quality modeling; and provide for 
public and local agency participation in planning and emission control 
rule development.
    We believe that the section 110 elements that are not connected 
with nonattainment plan submissions and not linked with an area's 
attainment status are not applicable requirements for purposes of 
redesignation. A State remains subject to these requirements after an 
area is redesignated to attainment. Only the section 110 and part D 
requirements that are linked with a particular area's designation and 
classification are the relevant measures which we may consider in 
evaluating a redesignation request. This approach is consistent with 
EPA's existing policy on applicability of conformity and oxygenated 
fuels requirements for redesignation purposes, as well as with section 
184 ozone transport requirements. See Reading, Pennsylvania, proposed 
and final rulemakings (61 FR 53174-53176 (October 10, 1996)) and (62 FR 
24826 (May 7, 1997)); Cleveland-Akron-Lorain, Ohio, final rulemaking 
(61 FR 20458 (May 7, 1996)); and Tampa, Florida, final rulemaking (60 
FR 62748 (December 7, 1995)). See also the discussion on this issue in 
the Cincinnati, Ohio 1-hour ozone redesignation (65 FR 37890 (June 19, 
2000)), and in the Pittsburgh, Pennsylvania 1-hour ozone redesignation 
(66 FR 50399 (October 19, 2001)).
    We have reviewed Louisiana's SIP and have concluded that it meets 
the general SIP requirements under section 110 of the CAA to the extent 
they are applicable for purposes of redesignation. EPA has previously 
approved provisions of the Louisiana SIP addressing section 110 
elements under the 1-hour ozone standard (40 CFR 52.970-.999). In 
addition, EPA has proposed approval of a section 110(a)(2) 
Infrastructure SIP for PM2.5 and the 1997 8-hour ozone standard. (April 
18, 2011, 76 FR 21682) Final action on the April 18, 2011 proposal is 
not required for purposes of redesignation.
b. Part D SIP Requirements
    EPA has reviewed the Louisiana SIP for the BRNA area with respect 
to SIP requirements applicable for purposes of

[[Page 53860]]

redesignation under part D of the Act for both the 1-hour ozone NAAQS 
and the1997 8-hour ozone NAAQS. EPA believes that the Louisiana SIP for 
the BRNA area contains approved SIP measures that meet the part D 
requirements applicable for purposes of redesignation. EPA has approved 
or proposed to approve all of the required Part D elements. We are 
proposing to find the NOX and VOC RACT requirements have 
been met as part of this redesignation action. The VOC RACT finding is 
contingent on our finalizing our proposed approval of the rules 
implementing RACT controls on the source categories covered by the CTG 
Rules Update. As discussed previously, we have finalized a separate 
action approving the termination of the 185 fee requirement. Upon final 
approval of the CTG Rules Update, the BRNA area will meet all of the 
requirements applicable to the area under part D for purposes of 
redesignation. The 1-hour and 1997 8-hour ozone applicable requirements 
are discussed in detail below.
(i) Has the BRNA met the part D nonattainment area requirements under 
the 1-hour ozone standard?
    The Baton Rouge 1-hour ozone nonattainment area was reclassified as 
severe for that standard, effective June 23, 2003. Thus, the 1-hour 
ozone standard requirements applicable to the area are those that apply 
to nonattainment areas classified as severe. Upon reclassification to 
severe, under section 211(k) of the Act, the use of reformulated 
gasoline also was to be required in the BRNA one year after the 
effective date of the reclassification. However, the state never 
implemented RFG in the BR area. As noted earlier, enforcement of the 
RFG requirement in the BRNA is currently stayed by court order. As 
such, the state has not relied on the RFG program in the past for 
emissions reduction and does not rely on RFG in its maintenance plan 
for attainment purposes. Since it is a program implemented by EPA and 
not by the State, we do not consider RFG a necessary requirement for 
redesignation. A detailed analysis of the relevant requirements and 
their status is provided below.
    The anti-backsliding provisions at 40 CFR 51.905(a)(1) prescribe 1-
hour ozone NAAQS requirements that continue to apply after revocation 
of the 1-hour ozone NAAQS for former 1-hour ozone nonattainment areas. 
Section 51.905(a)(1) provides that:

    The area remains subject to the obligations to adopt and 
implement the applicable requirements defined in section 51.900(f), 
except as provided in paragraph (a)(1)(iii) of this section and 
except as provided in paragraph (b) of this section.

    Section 51.900(f), as amended by 70 FR 30592, 30604 (May 26, 2005), 
states:

    Applicable requirements means for an area the following 
requirements to the extent such requirements apply or applied to the 
area for the area's classification under section 181(a)(1) of the 
CAA for the 1-hour NAAQS at the time of designation for the 8-hour 
NAAQS:
    (1) Reasonably available control technology (RACT).
    (2) Inspection and maintenance programs (I/M).
    (3) Major source applicability cut-offs for purposes of RACT.
    (4) Rate of Progress (ROP) reductions.
    (5) Stage II vapor recovery.
    (6) Clean-fuel vehicle program under section 182(c)(4) of the 
CAA.
    (7) Clean fuels for boilers under section 182(e)(3) of the CAA.
    (8) Transportation Control Measures (TCMs) during heavy traffic 
hours as provided under section 182(e)(4) of the CAA.
    (9) Enhanced (ambient) monitoring under section 182(c)(1) of the 
CAA.
    (10) TCMs under section 182(c)(5) of the CAA.
    (11) Vehicle Miles Travelled (VMT) provisions of section 
182(d)(1) of the CAA.
    (12) NOX requirements under section 182(f) of the 
CAA.
    (13) Attainment demonstration or alternative as provided under 
section 51.905(a)(1)(ii).

    As explained earlier in this action, in addition to applicable 
requirements listed under section 51.900(f), the State must also comply 
with the additional 1-hour anti-backsliding requirements discussed in 
the Court's decisions in South Coast Air Quality Management Dist. v. 
EPA: (1) NSR requirements based on the area's 1-hour ozone 
nonattainment classification; (2) section 185 source penalty fees; (3) 
contingency measures to be implemented pursuant to section 172(c)(9) or 
182(c)(9) of the CAA for areas not making reasonable further progress 
toward attainment of the one-hour ozone NAAQS, or for failure to attain 
the NAAQS; and, (4) transportation conformity requirements for certain 
types of Federal actions.
    The following discusses how the applicable CAA requirements have 
been met in the BRNA.
    40 CFR 51.905 (1), (3), and (12). RACT, Major source applicability 
cut-offs for purposes of RACT, and NOX requirements under 
section 182(f) of the CAA. Sections 172(c)(1) and 182 of the CAA 
require areas that are classified as moderate or above for ozone 
nonattainment to adopt Reasonably Available Control Technology (RACT) 
requirements for sources that are subject to Control Techniques 
Guidelines (CTGs) issued by EPA and for ``major sources'' of volatile 
organic compounds (VOCs) and nitrogen oxides (NOX), which 
are ozone precursors. See 42 U.S.C. sections 7502(c)(1) and 7511a(b) 
and (f). RACT is defined as the lowest emissions limitation that a 
particular source is capable of meeting by the application of control 
technology that is reasonably available considering technological and 
economic feasibility (44 FR 53762; September 17, 1979). A CTG provides 
information on the available controls for a source category and 
provides a ``presumptive norm'' RACT. In this action, EPA is addressing 
RACT for both NOX and VOCs in the BR area for the 1997 8-
hour ozone standard, and for the 1-hour standard.
    The Phase 1 Rule provides that 1-hour ozone nonattainment areas 
designated as nonattainment for the 8-hour ozone NAAQS are required to 
adopt and implement ``applicable requirements'' according to the area's 
classification under the 1-hour ozone standard at the time of 
designation under the 8-hour standard (see 40 CFR 51.905(a)(i)). The BR 
area was classified as a severe nonattainment area for the 1-hour ozone 
NAAQS at the time of the 8-hour designation and an outstanding 
``applicable requirement'' for the BR area is VOC and NOX 
RACT. Louisiana previously adopted rules to address RACT requirements 
for all source categories covered by EPA CTGs that had been issued up 
to that time, and to address major sources at the serious area major 
source threshold of 50 tons per year (tpy). The reclassification of the 
area from serious to severe for the 1-hour ozone standard, on April 24, 
2003 (68 FR 20077), required Louisiana to ensure that RACT was in place 
on non-CTG sources down to 25 tpy. Louisiana has submitted SIP 
revisions to address the NOX and VOC RACT requirement for 
non-CTG sources down to 25 tpy for BR for purposes of the 1-hour ozone 
requirement and to address NOX and VOC RACT for the 8-hour 
ozone NAAQS. On June 15, 2005, Louisiana submitted rule revisions 
lowering the major source NOX and VOC applicability from 50 
to 25 tpy for purposes of non-CTG RACT. We approved these rule 
revisions as part of a larger package on July, 5, 2011 (76 FR 38977).
    For the 1997 8-hour ozone RACT requirements, according to EPA's 
Phase 2 Rule (70 FR 71612, November 29, 2005), areas classified as 
moderate nonattainment or higher must submit a demonstration, as a 
revision to the SIP, that their current rules fulfill 1997 8-hour ozone 
RACT requirements for all

[[Page 53861]]

CTG categories and all major non-CTG sources. The State may either 
demonstrate the existing SIP approved RACT rules continue to be RACT or 
submit revised RACT rules (See EPA's Phase 2 Rule: 70 FR 71612, as 
further explained in a memo from William T. Harnett dated May 19, 2006, 
which is included in the docket). Since BR is classified as moderate 
for the 1997 8-hour ozone standard, for purposes of meeting the 8-hour 
RACT requirement, the BR area must demonstrate RACT level controls for 
sources covered by a CTG document, and for each major non-CTG source.
    Louisiana has submitted several SIP revisions to address the 1997 
8-hour ozone standard RACT requirements for NOX and VOCs for 
BR. These revisions are being addressed by EPA through two actions.
    First, on June 20, 2009 and August 20, 2010, Louisiana submitted 
SIP revisions to control VOC emissions in response to CTGs issued in 
2006, 2007, and 2008. On March 17, 2011, we proposed to approve these 
SIP revisions, which we refer to as the CTG Rules Update (76 FR 14602). 
As part of the CTG Updates proposed rule, we also proposed approval, 
through parallel processing, of a revision proposed by Louisiana on 
January 20, 2011. If EPA issues a final approval of the rules addressed 
in the CTG Rules Update by the time this redesignation goes final, then 
Louisiana will have met for BR the requirement to adopt RACT rules for 
sources addressed in any newly issued CTGs.
    Second, we are proposing in this action to approve the RACT 
demonstration submitted by LDEQ on August 20, 2010, and a supplement on 
May 16, 2011, which provides an analysis demonstrating how the BR area 
meets RACT requirements for all other CTG and non-CTG sources through 
the currently SIP-approved RACT rules. EPA reviewed and evaluated 
LDEQ's RACT determination for both NOX and VOCs. This review 
and evaluation is provided in the RACT TSD which accompanies this 
action.
    The State submittal included among other things, the following 
components:
    (a) A RACT demonstration including adopted State rules, which have 
been federally approved, addressing RACT requirements for CTG and ACT 
source categories. See the RACT TSD for more information.
    (b) An analysis of RACT for all major sources not covered by a CTG 
or ACT and how these are controlled to meet RACT. This information was 
provided in the August 2010 submittal, and also in an Addendum to 
Appendix F dated May 16, 2011.
    To ensure RACT was in place for major sources, the State identified 
all sources that emit or have the potential to emit at least 25 tons/
year of VOC in the BR 1997 8-hour ozone nonattainment area. The State 
provided a list of each major source in a source category covered by a 
CTG/ACT and the rules applicable to those major sources.
    The State's RACT SIP analysis was available for public comment 
prior to adoption by the State. For the RACT portion of its August 2010 
submittal, the State received a comment letter from EPA which was 
addressed in the adopted rulemaking with an amendment for the RACT 
analysis. EPA evaluated the following elements of LDEQ's RACT SIP 
submittal for the BR Area:
     State Rules Addressing NOX RACT Requirements 
and VOC RACT Requirements for sources Covered by a CTG/ACT.
     Potential Major VOC Emissions Sources possibly not covered 
by a CTG/ACT.
    EPA reviewed LDEQ's RACT analysis including the State's Rules and 
evaluation of major sources. Also, EPA reviewed LDEQ's emissions 
inventory database for potential sources missing from the LDEQ 
analysis. Based on this review, LDEQ's RACT analysis, including its 
identification of all sources requiring RACT, appeared to be thorough. 
Additional discussion of our review and evaluations is available in the 
TSD.
    In today's proposal, we are proposing that if we take final action 
to approve the CTG Rules Update, and determine in this final rule that 
the existing SIP-approved rules remain RACT, then Louisiana's SIP would 
meet the NOX and VOC RACT requirements for 8-hour ozone 
standard for all CTG categories and for major sources of NOX 
and VOCs. We are also proposing that based on our July 5, 2011 approval 
(76 FR 38977) of the lower major-source threshold of 25 tpy, that the 
state has met its outstanding 1-hour RACT obligation for the BR area. 
Additional detail is provided in the TSD.
    40 CFR 51.905 (2). Inspection and maintenance programs (I/M). The 
BRNA is required to implement a vehicle inspection and maintenance 
program in the five-parish area. EPA approved this program on September 
26, 2002 (67 FR 60594) and a revision to the program on November 13, 
2006 (71 FR 66113).
    40 CFR 51.905 (4). Rate of progress reductions. We approved the 
post-1996 ROP Plan and its associated MVEB and a revised 1990 base year 
emissions inventory on August 2, 1999 (64 FR 35930) for the BRNA 
serious 1-hour ozone nonattainment area. This plan covered the 3-year 
period between 1996 and1999, achieving 9 percent reductions no later 
than November 15, 1999. As discussed previously, ROP is not a required 
element for redesignation request. With the Clean Data determinations 
for the 8-hour and 1-hour ozone standards, EPA suspended the 
obligations to submit SIP provisions to meet the 1-hour and 8-hour Rate 
of Progress requirements. If EPA finalizes approval of this 
redesignation, these obligations will be terminated.
    40 CFR 51.905 (5) Stage II vapor recovery. EPA approved Louisiana 
Stage II Vapor Recovery rules for the BRNA on March 25, 1994 (59 FR 
14112).
    40 CFR 51.905 (6) Clean-Fuel Vehicle program under section 
182(c)(4) of the CAA. The State met this requirement with a substitute 
program, which we approved on July 19, 1999 (64 FR 38577). This program 
imposes controls beyond the Act's requirements (i.e., RACT) for storage 
tanks in the BRNA by requiring guide pole and stilling well controls on 
external floating roof tanks. The resultant long term emission 
reductions were greater than the Louisiana Clean Fuel Fleet program 
emission reductions in the ozone nonattainment area. We had previously 
approved a Clean Fuel Fleet program on December 22, 1995 (60 FR 54305).
    40 CFR 51.905 (7) Clean fuels for boilers under section 182(e)(3) 
of the CAA. This is an extreme area requirement and therefore does not 
apply to the BRNA severe area.
    40 CFR 51.905 (8) Transportation Control Measures (TCMs) during 
heavy traffic hours as provided under section 182(e)(4) of the CAA. 
This is an extreme area requirement and therefore does not apply to the 
BRNA severe area.
    40 CFR 51.905 (9) Enhanced (ambient) monitoring under section 
182(c)(1) of the CAA. EPA approved a Louisiana SIP revision for 
enhanced ambient monitoring on June 19, 1996 (61 FR 31037) as meeting 
section 182(c)(1) of the CAA. The monitoring network meets the 
requirements in 40 CFR part 58 and section 182(c)(1) for enhanced 
monitoring.
    40 CFR 51.905 (10) TCMs under section 182(c)(5) of the CAA. As 
required by the Clean Air Act section 176(c) (42 U.S.C. 7506(c)), the 
Louisiana Department of Environmental Quality demonstrated conformity 
of area transportation plans to the motor vehicle emissions budgets 
established in the BRNA Attainment Demonstration approved by EPA on 
October 2, 2002 (67 FR 61786).
    40 CFR 51.905 (11) Vehicle miles traveled (VMT) provisions of 
section

[[Page 53862]]

182(d)(1) of the CAA. EPA approved the VMT Offset Analysis on November 
21, 2006 (71 FR 67308).
    40 CFR 51.905 (13) Attainment demonstration or alternative as 
provided under section 51.905(a)(1)(ii). Louisiana elected the option 
to submit an 8-hour ozone attainment demonstration SIP to demonstrate 
attainment of the 1997 8-hour ozone standard by the area's 8-hour ozone 
attainment date with associated MVEBs and an RACM analysis. The SIP was 
submitted to EPA on August 31, 2010. EPA has not acted on it. As 
discussed previously, EPA's long-held position is that an attainment 
demonstration with the RACM analysis is not an applicable requirement 
for purposes of evaluating an ozone redesignation request where the 
area is attaining the standard. (General Preamble, 57 FR 13564). See 
also 40 CFR 51.918. Upon redesignation, the obligation is terminated. 
Moreover EPA has determined that the area has attained the