Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning; Louisiana; Baton Rouge Area: Redesignation to Attainment for the 1997 8-Hour Ozone Standard, 74000-74003 [2011-30785]
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Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Rules and Regulations
This deviation is effective from
December 15, 2011 until January 17,
2012.
Coordination will be through Public
Notice and Local Notice to Mariners
upon date of publication in the Federal
Register.
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: November 3, 2011.
David M. Frank,
Bridge Administrator.
[FR Doc. 2011–30636 Filed 11–29–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R06–OAR–2010–0776; FRL–9498–2]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning;
Louisiana; Baton Rouge Area:
Redesignation to Attainment for the
1997 8-Hour Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve the State of Louisiana’s request
to redesignate the Baton Rouge,
Louisiana moderate 1997 8-hour ozone
nonattainment area to attainment of the
1997 8-hour ozone standard. As a part
of this action, EPA is also approving, as
a revision to the Louisiana State
Implementation Plan (SIP), the state’s
1997 8-hour ozone maintenance plan
with a 2022 Motor Vehicle Emissions
Budget (MVEB) for the Baton Rouge
Nonattainment Area (BRNA or BR),
revisions to the Louisiana SIP that meet
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 a state rule
establishing a maintenance plan
contingency measure. EPA finds that
with this final approval the area has a
fully approved SIP that meets all of its
applicable 1997 8-hour ozone
requirements and 1-hour antibacksliding requirements under section
110 and Part D of the Federal Clean Air
Act (CAA or Act) for purposes of
redesignation.
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SUMMARY:
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DATE:
This rule is effective December 30,
2011.
EPA has established a
docket for this action under Docket
Identification No. EPA–R06–OAR–
2010–0776. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Air Planning Section, Air Planning
Branch, Multimedia Planning and
Permitting Division, U.S. Environmental
Protection Agency, Region 6, 1445 Ross
Avenue, Suite 1200, Dallas, Texas
75202–2733. EPA requests that if at all
possible, you contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business is Monday
through Friday, 8:30 to 4:30, excluding
Federal holidays.
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; email address
rennie.sandra@epa.gov.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA.
Table of Contents
I. What is the background for this rule?
II. What comments did we receive on the
proposed rule?
III. What actions is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this rule?
The background for today’s action is
discussed in detail in EPA’s August 30,
2011, proposal to approve Louisiana’s
redesignation request (76 FR 53853). In
that proposed action, we noted that,
under EPA regulations at 40 CFR part
50, the 1997 8-hour ozone standard is
attained when the three-year average of
the annual fourth-highest daily
maximum 8-hour average ozone
concentrations is less than or equal to
0.08 parts per million (ppm) (see 69 FR
23858, April 30, 2004, for more
information). Under the CAA, EPA may
redesignate a nonattainment area to
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attainment if sufficient complete,
quality-assured data are available to
determine that the area has attained the
standard and if it meets the other CAA
redesignation requirements in section
107(d)(3)(E).
The LDEQ, on August 31, 2010,
submitted a request 1 to redesignate the
Baton Rouge area to attainment for the
1997 8-hour ozone standard. EPA has
previously determined that the BRNA
ozone nonattainment area attained both
the 1997 8-hour and 1-hour ozone
standards. The EPA determined that the
BRNA had attained the 1997 8-hour
ozone standard on September 8, 2010, at
75 FR 54779. Complete, quality-assured
monitoring data for 2006–2010 also
show that the area continues to attain
the 1997 8-hour ozone standard. EPA
also determined that the BR area met the
1-hour ozone standard on February 10,
2010 (75 FR 6570). This determination
was also based on complete, qualityassured, and certified ambient air
quality monitoring data for the 2006–
2008 ozone seasons, as well as certified
data for 2009 and 2010 that indicate the
area continues to attain the 1-hour
ozone NAAQS. Preliminary data
available for the 2011 ozone season
indicate that the area continues to be in
attainment for both ozone standards.2
Our proposed rule and Technical
Support Document provide a detailed
analysis of how Louisiana met the
redesignation requirements and other
CAA requirements. The state’s Control
Techniques Guidelines rule upon which
this action depends, was signed on
November 7, 2011, and will be
published in a separate rulemaking.
Implementation of Reformulated
Gasoline (RFG) in the Baton Rouge 5parish area remains stayed by court
order. Implementation of RFG is not
required for purposes of redesignation.
II. What comments did we receive on
the proposed rule?
EPA provided a 30-day review and
comment period, which closed on
September 29, 2011. EPA received 3
comment letters in response to the
proposed rulemaking, submitted on
behalf of the Louisiana Chemical
Association, Louisiana Mid-Continent
Oil and Gas Association, and the Baton
Rouge Area Chamber of Commerce, that
expressed overall support for EPA’s
1 The submittal was supplemented by technical
amendments on February 14, 2011, May 16, 2011,
and June 6, 2011. All submitted documents are in
the docket for this rulemaking.
2 On September 22, 2011, EPA moved ahead to
implement the 2008 8-hour ozone standard of 0.075
ppm. Memorandum from Gina McCarthy to Air
Division Directors, Regions 1–10. EPA will continue
to work with the state to implement this new
standard.
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Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Rules and Regulations
proposed approval to redesignate the BR
ozone nonattainment area to attainment
for the 1997 8-hour ozone standard. The
comment letters are available for review
in the docket for this rulemaking.
III. What actions is EPA taking?
EPA is taking final action to approve
several related actions under the Act for
the BR ozone nonattainment area,
consisting of Ascension, East Baton
Rouge, Iberville, Livingston, and West
Baton Rouge Parishes. Consistent with
the Act, EPA is taking final action to
approve a request from the state of
Louisiana to redesignate the BRNA to
attainment of the 1997 8-hour ozone
standard.
EPA is taking final action to approve
into the SIP, as meeting section 175A
and 107(d)(3)(E)(iv) of the Act,
Louisiana’s maintenance plan for the BR
area for the 1997 8-hour ozone NAAQS.
The maintenance plan shows
maintenance of the standard through
2022. Additionally, EPA has found
adequate and is approving the 2022
MVEBs for NOX and VOC. The
submitted NOX and VOC MVEB for the
BR area is defined in Table 1 below.
TABLE 1—NOX AND VOC MVEB
[Summer season tons per day]
Pollutant
2022
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NOX ..................................................
VOC ..................................................
6.96
7.55
We are also taking final action to
approve a contingency measure for the
maintenance plan.
Consequently, EPA is taking final
action to approve the State’s request to
redesignate the area from nonattainment
to attainment for the 1997 8-hour ozone
NAAQS. After evaluating Louisiana’s
redesignation request, EPA has
determined that with this final approval
of the above-identified SIP elements and
the maintenance plan, the area meets
the redesignation criteria set forth in
section 107(d)(3)(E) and section 175A of
the Act. The final approval of this
redesignation request changes the
official designation in 40 CFR part 81
for the BR area from nonattainment to
attainment for the 1997 8-hour ozone
standard.
We find that the BR area meets all the
applicable CAA requirements for
purposes of redesignation of the 1997
8-hour standard that includes all of the
antibacksliding CAA requirements for
the BR 1-hour severe ozone
nonattainment area. Therefore, along
with this final redesignation to
attainment for the 1997 8-hour ozone
standard and our previous
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determination of attainment of the 1hour ozone standard, the 1-hour antibacksliding obligations to submit
planning SIPs to meet the attainment
demonstration reasonably available
control measures (RACM) requirements,
ROP and contingency measures
requirements, cease to apply. In
addition, after final redesignation to
attainment for the 1997 8-hour ozone
standard, EPA does not require the
continued application of nonattainment
New Source Review. Louisiana’s
Prevention of Significant Deterioration
(PSD) program can apply in the Baton
Rouge area so long as Louisiana
interprets its SIP as applying PSD to the
BRNA in these circumstances. As we
noted in the proposal, Louisiana’s PSD
program will become effective in BRNA
upon redesignation to attainment unless
a SIP revision is necessary; then it must
adopt and submit that to EPA for action.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act,
redesignation of an area to attainment
and the accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by State law. A redesignation
to attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the Clean Air
Act for areas that have been
redesignated to attainment. Moreover,
the Administrator is required to approve
a SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, these actions merely do
not impose additional requirements
beyond those imposed by State law and
the Clean Air Act. For that reason, these
actions:
• Are not ‘‘significant regulatory
actions’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
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• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are 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);
• Are not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Do 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 rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 20,
2010. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
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Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Rules and Regulations
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).)
40 CFR Part 81
Environmental protection, Air
pollution control.
Dated: November 7, 2011.
Al Armendariz,
Regional Administrator, Region 6.
List of Subjects
40 CFR parts 52 and 81 are amended
as follows:
40 CFR Part 52
PART 52—[AMENDED]
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Nitrogen dioxide, Reporting and
recordkeeping requirements, Volatile
organic compounds.
a. The table in paragraph (c) entitled,
‘‘EPA Approved Louisiana Regulations
in the Louisiana SIP’’ is amended under
Chapter 22, Control of Emissions of
Nitrogen Oxides (NOX), by adding a new
entry for Section 2201, and,
immediately following the entry for
Section 2201.H.3, by adding a new entry
for Section 2202;
■ b. The second table in paragraph (e)
entitled, ‘‘EPA-Approved Louisiana
Nonregulatory Provisions and QuasiRegulatory Measures’’ is amended by
adding a new entry at the end.
The additions read as follows:
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart T—Louisiana
§ 52.970
2. Section 52.970 is amended as
follows:
*
■
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP
State citation
State approval
date
Title/subject
*
*
*
*
EPA approval date
*
Comments
*
*
Chapter 22—Control of Emissions of Nitrogen Oxides (NOX)
Section 2201 ........................
Affected Facilities in the Baton
Rouge Nonattainment Area and
the Region of Influence.
*
*
*
Section 2202 ........................ Contingency Plan ..........................
*
*
*
(e) * * *
*
*
*
*
1/20/2010
*
1/20/2010
*
11/30/11, [Insert FR page
number where document
begins].
Revisions to Section 2201
approved in the Louisiana
Register January 20, 2010
(LR 36:60).
*
*
*
11/30/11, [Insert FR page
Section 2202 approved in
number where document
the Louisiana Register
begins].
January 20, 2010 (LR
36:63).
*
*
*
*
EPA-APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Name of SIP
provision
Applicable
geographic or
nonattainment area
*
*
Baton Rouge Ozone Nonattainment
Area Redesignation Request and
Maintenance Plan.
*
*
Baton Rouge, LA ................................
3. Section 52.977 is amended by
adding paragraph (d) to read as follows:
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■
§ 52.977
Ozone.
Control strategy and regulations:
*
*
*
*
*
(d) Redesignation for the 1997 8-hour
Ozone Standard. Effective December 30,
2011, EPA has redesignated the Baton
Rouge area to attainment for the 1997 8hour ozone standard. With this final
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State submittal
date/effective
date
*
8/31/2010
redesignation to attainment for the 1997
8-hour ozone NAAQS and the final
determination of attainment for the 1hour ozone NAAQS in paragraph (a) of
this section, the 1-hour anti-backsliding
obligations to submit planning SIPs to
meet the attainment demonstration and
reasonably available control measures
requirements, the rate of progress and
contingency measures requirements,
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EPA approval date
Explanation
*
11/30/11, [Insert FR page number where document begins].
*
and any other outstanding 1-hour
requirements, cease to apply.
PART 81—[AMENDED]
4. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
5. In § 81.319, the table entitled,
‘‘Louisiana—Ozone (8-Hour Standard)’’
■
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Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Rules and Regulations
is amended by: revising the entries for
Baton Rouge Area; and adding a new
footnote 2 at the end of the table.
§ 81.319
The revisions and addition read as
follows:
*
*
Louisiana.
*
*
*
LOUISIANA—OZONE (8-HOUR STANDARD)
Designation a
Category/classification
Designated area
Date 1
Baton Rouge Area:
Ascension Parish ......................................................
East Baton Rouge Parish .........................................
Iberville Parish ...........................................................
Livingston Parish .......................................................
West Baton Rouge Parish ........................................
*
*
*
Type
(2)
(2)
(2)
(2)
(2)
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
*
Date 1
*
*
Type
*
1 This
date is June 15, 2004, unless otherwise noted.
2 Effective December 30, 2011.
*
*
*
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 090508897–1635–03]
RIN 0648–AX85
Atlantic Highly Migratory Species;
Adjustments to the Atlantic Bluefin
Tuna General and Harpoon Category
Regulations
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is adjusting the
Atlantic bluefin tuna (BFT) fishery
regulations to: Increase the General
category maximum daily retention limit;
allow the General category season to
remain open until the January subquota
is reached, or March 31, whichever
happens first; and increase the Harpoon
category daily incidental retention limit.
This action is intended to enable more
thorough utilization of the available
U.S. BFT quota for the General and
Harpoon (commercial handgear)
categories; minimize bycatch and
bycatch mortality to the extent
practicable; expand fishing
opportunities for participants in the
commercial winter General category
fishery; and increase NMFS’ flexibility
for setting the General category
retention limit depending on available
quota.
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
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16:47 Nov 29, 2011
This rule is effective December
30, 2011, except for § 635.23(a)(4) and
§ 635.27(a)(1)(i)(A), which are effective
November 30, 2011.
ADDRESSES: Supporting documents,
including the Environmental
Assessment, Regulatory Impact Review,
and Final Regulatory Flexibility
Analysis (EA/RIR/FRFA), are available
from Sarah McLaughlin, Highly
Migratory Species (HMS) Management
Division, Office of Sustainable Fisheries
(F/SF1), NMFS, 55 Great Republic
Drive, Gloucester, MA 01930. These
documents and others, such as the
Fishery Management Plans described
below, also may be downloaded from
the HMS Web site at
www.nmfs.noaa.gov/sfa/hms/.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin or Tom Warren, (978)
281–9260.
SUPPLEMENTARY INFORMATION: Atlantic
tunas are managed under the dual
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) and the
Atlantic Tunas Convention Act (ATCA).
ATCA requires the Secretary of
Commerce (Secretary) to promulgate
regulations, as may be necessary and
appropriate, to implement
recommendations of the International
Commission for the Conservation of
Atlantic Tunas (ICCAT). The authority
to issue regulations under the
Magnuson-Stevens Act and ATCA has
been delegated from the Secretary to the
Assistant Administrator for Fisheries,
NMFS.
DATES:
[FR Doc. 2011–30785 Filed 11–29–11; 8:45 am]
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Background
Background information about the
need for amendment of the regulations
regarding the BFT General category
maximum daily retention limit, General
category season, and Harpoon category
daily incidental retention limit was
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provided in the preamble to the
proposed rule (74 FR 57128, November
4, 2009) and is not repeated here.
At the proposed rulemaking stage in
2009, the proposed rule was titled
‘‘Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Season and
Retention Limit Adjustments.’’ As the
rule has evolved through the notice and
comment process, NMFS has
determined that keeping the proposed
rule title at this stage would confuse the
regulated public; therefore, to clarify the
purpose and content of the rulemaking,
NMFS has changed the title of the rule
to ‘‘Atlantic Highly Migratory Species;
Adjustments to the Atlantic Bluefin
Tuna General and Harpoon Category
Regulations.’’ Any changes to the rule’s
provisions that were made between the
proposed and final rule are discussed in
depth below.
NMFS extended the original 45-day
comment period on the proposed rule
through March 31, 2010, based on
public, Congressional, and nongovernmental organization requests for
NMFS to wait to complete any related
final rulemaking until after the March
2010 meeting regarding the Convention
on the International Trade in
Endangered Species of Wild Flora and
Fauna, and until the 2010 publication of
new research.
NMFS delayed issuing a final rule
pending a new ICCAT BFT stock
assessment and subsequent ICCAT
recommendation on BFT conservation
and management in 2010, as well as the
decision on a May 2010 petition to list
BFT as threatened or endangered under
the Endangered Species Act (ESA). In
May 2011, NMFS determined that
listing BFT as threatened or endangered
under the ESA was not warranted, but
listed BFT as a species of concern.
NMFS will revisit the status of BFT
under the ESA in 2013. Because the
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]]>Agencies
[Federal Register Volume 76, Number 230 (Wednesday, November 30, 2011)]
[Rules and Regulations]
[Pages 74000-74003]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30785]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R06-OAR-2010-0776; FRL-9498-2]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning; Louisiana; Baton Rouge Area:
Redesignation to Attainment for the 1997 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve the State of Louisiana's
request to redesignate the Baton Rouge, Louisiana moderate 1997 8-hour
ozone nonattainment area to attainment of the 1997 8-hour ozone
standard. As a part of this action, EPA is also approving, as a
revision to the Louisiana State Implementation Plan (SIP), the state's
1997 8-hour ozone maintenance plan with a 2022 Motor Vehicle Emissions
Budget (MVEB) for the Baton Rouge Nonattainment Area (BRNA or BR),
revisions to the Louisiana SIP that meet 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 a state rule
establishing a maintenance plan contingency measure. EPA finds that
with this final approval the area has a fully approved SIP that meets
all of its applicable 1997 8-hour ozone 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.
DATE: This rule is effective December 30, 2011.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R06-OAR-2010-0776. All documents in the docket
are listed on the https://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through https://www.regulations.gov or
in hard copy at the Air Planning Section, Air Planning Branch,
Multimedia Planning and Permitting Division, U.S. Environmental
Protection Agency, Region 6, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business is Monday through Friday, 8:30 to 4:30, excluding Federal
holidays.
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; email address rennie.sandra@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.
Table of Contents
I. What is the background for this rule?
II. What comments did we receive on the proposed rule?
III. What actions is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this rule?
The background for today's action is discussed in detail in EPA's
August 30, 2011, proposal to approve Louisiana's redesignation request
(76 FR 53853). In that proposed action, we noted that, under EPA
regulations at 40 CFR part 50, the 1997 8-hour ozone standard is
attained when the three-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentrations is less than or equal to
0.08 parts per million (ppm) (see 69 FR 23858, April 30, 2004, for more
information). Under the CAA, EPA may redesignate a nonattainment area
to attainment if sufficient complete, quality-assured data are
available to determine that the area has attained the standard and if
it meets the other CAA redesignation requirements in section
107(d)(3)(E).
The LDEQ, on August 31, 2010, submitted a request \1\ to
redesignate the Baton Rouge area to attainment for the 1997 8-hour
ozone standard. EPA has previously determined that the BRNA ozone
nonattainment area attained both the 1997 8-hour and 1-hour ozone
standards. The EPA determined that the BRNA had attained the 1997 8-
hour ozone standard on September 8, 2010, at 75 FR 54779. Complete,
quality-assured monitoring data for 2006-2010 also show that the area
continues to attain the 1997 8-hour ozone standard. EPA also determined
that the BR area met the 1-hour ozone standard on February 10, 2010 (75
FR 6570). This determination was also based on complete, quality-
assured, and certified ambient air quality monitoring data for the
2006-2008 ozone seasons, as well as certified data for 2009 and 2010
that indicate the area continues to attain the 1-hour ozone NAAQS.
Preliminary data available for the 2011 ozone season indicate that the
area continues to be in attainment for both ozone standards.\2\
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\1\ The submittal was supplemented by technical amendments on
February 14, 2011, May 16, 2011, and June 6, 2011. All submitted
documents are in the docket for this rulemaking.
\2\ On September 22, 2011, EPA moved ahead to implement the 2008
8-hour ozone standard of 0.075 ppm. Memorandum from Gina McCarthy to
Air Division Directors, Regions 1-10. EPA will continue to work with
the state to implement this new standard.
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Our proposed rule and Technical Support Document provide a detailed
analysis of how Louisiana met the redesignation requirements and other
CAA requirements. The state's Control Techniques Guidelines rule upon
which this action depends, was signed on November 7, 2011, and will be
published in a separate rulemaking. Implementation of Reformulated
Gasoline (RFG) in the Baton Rouge 5-parish area remains stayed by court
order. Implementation of RFG is not required for purposes of
redesignation.
II. What comments did we receive on the proposed rule?
EPA provided a 30-day review and comment period, which closed on
September 29, 2011. EPA received 3 comment letters in response to the
proposed rulemaking, submitted on behalf of the Louisiana Chemical
Association, Louisiana Mid-Continent Oil and Gas Association, and the
Baton Rouge Area Chamber of Commerce, that expressed overall support
for EPA's
[[Page 74001]]
proposed approval to redesignate the BR ozone nonattainment area to
attainment for the 1997 8-hour ozone standard. The comment letters are
available for review in the docket for this rulemaking.
III. What actions is EPA taking?
EPA is taking final action to approve several related actions under
the Act for the BR ozone nonattainment area, consisting of Ascension,
East Baton Rouge, Iberville, Livingston, and West Baton Rouge Parishes.
Consistent with the Act, EPA is taking final action to approve a
request from the state of Louisiana to redesignate the BRNA to
attainment of the 1997 8-hour ozone standard.
EPA is taking final action to approve into the SIP, as meeting
section 175A and 107(d)(3)(E)(iv) of the Act, Louisiana's maintenance
plan for the BR area for the 1997 8-hour ozone NAAQS. The maintenance
plan shows maintenance of the standard through 2022. Additionally, EPA
has found adequate and is approving the 2022 MVEBs for NOX
and VOC. The submitted NOX and VOC MVEB for the BR area is
defined in Table 1 below.
Table 1--NOX and VOC MVEB
[Summer season tons per day]
------------------------------------------------------------------------
Pollutant 2022
------------------------------------------------------------------------
NOX............................................................ 6.96
VOC............................................................ 7.55
------------------------------------------------------------------------
We are also taking final action to approve a contingency measure
for the maintenance plan.
Consequently, EPA is taking final action to approve the State's
request to redesignate the area from nonattainment to attainment for
the 1997 8-hour ozone NAAQS. After evaluating Louisiana's redesignation
request, EPA has determined that with this final approval of the above-
identified SIP elements and the maintenance plan, the area meets the
redesignation criteria set forth in section 107(d)(3)(E) and section
175A of the Act. The final approval of this redesignation request
changes the official designation in 40 CFR part 81 for the BR area from
nonattainment to attainment for the 1997 8-hour ozone standard.
We find that the BR area meets all the applicable CAA requirements
for purposes of redesignation of the 1997 8-hour standard that includes
all of the antibacksliding CAA requirements for the BR 1-hour severe
ozone nonattainment area. Therefore, along with this final
redesignation to attainment for the 1997 8-hour ozone standard and our
previous determination of attainment of the 1-hour ozone standard, the
1-hour anti-backsliding obligations to submit planning SIPs to meet the
attainment demonstration reasonably available control measures (RACM)
requirements, ROP and contingency measures requirements, cease to
apply. In addition, after final redesignation to attainment for the
1997 8-hour ozone standard, EPA does not require the continued
application of nonattainment New Source Review. Louisiana's Prevention
of Significant Deterioration (PSD) program can apply in the Baton Rouge
area so long as Louisiana interprets its SIP as applying PSD to the
BRNA in these circumstances. As we noted in the proposal, Louisiana's
PSD program will become effective in BRNA upon redesignation to
attainment unless a SIP revision is necessary; then it must adopt and
submit that to EPA for action.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, redesignation of an area to attainment and
the accompanying approval of a maintenance plan under section
107(d)(3)(E) are actions that affect the status of a geographical area
and do not impose any additional regulatory requirements on sources
beyond those imposed by State law. A redesignation to attainment does
not in and of itself create any new requirements, but rather results in
the applicability of requirements contained in the Clean Air Act for
areas that have been redesignated to attainment. Moreover, the
Administrator is required to approve a SIP submission that complies
with the provisions of the Act and applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions,
EPA's role is to approve State choices, provided that they meet the
criteria of the Clean Air Act. Accordingly, these actions merely do not
impose additional requirements beyond those imposed by State law and
the Clean Air Act. For that reason, these actions:
Are not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are 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);
Are not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Do 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 rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 20, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time
[[Page 74002]]
within which a petition for judicial review may be filed, and shall not
postpone the effectiveness of such rule or action. This action may not
be challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Nitrogen dioxide,
Reporting and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control.
Dated: November 7, 2011.
Al Armendariz,
Regional Administrator, Region 6.
40 CFR parts 52 and 81 are 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 52.970 is amended as follows:
0
a. The table in paragraph (c) entitled, ``EPA Approved Louisiana
Regulations in the Louisiana SIP'' is amended under Chapter 22, Control
of Emissions of Nitrogen Oxides (NOX), by adding a new entry
for Section 2201, and, immediately following the entry for Section
2201.H.3, by adding a new entry for Section 2202;
0
b. The second table in paragraph (e) entitled, ``EPA-Approved Louisiana
Nonregulatory Provisions and Quasi-Regulatory Measures'' is amended by
adding a new entry at the end.
The additions read as follows:
Sec. 52.970 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Louisiana Regulations in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
State approval
State citation Title/subject date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 22--Control of Emissions of Nitrogen Oxides (NOX)
----------------------------------------------------------------------------------------------------------------
Section 2201..................... Affected Facilities 1/20/2010 11/30/11, [Insert Revisions to
in the Baton Rouge FR page number Section 2201
Nonattainment Area where document approved in the
and the Region of begins]. Louisiana Register
Influence. January 20, 2010
(LR 36:60).
* * * * * * *
Section 2202..................... Contingency Plan... 1/20/2010 11/30/11, [Insert Section 2202
FR page number approved in the
where document Louisiana Register
begins]. January 20, 2010
(LR 36:63).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(e) * * *
* * * * *
EPA-Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or submittal date/ EPA approval date Explanation
nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Baton Rouge Ozone Nonattainment Baton Rouge, LA.... 8/31/2010 11/30/11, [Insert FR
Area Redesignation Request and page number where
Maintenance Plan. document begins].
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.977 is amended by adding paragraph (d) to read as
follows:
Sec. 52.977 Control strategy and regulations: Ozone.
* * * * *
(d) Redesignation for the 1997 8-hour Ozone Standard. Effective
December 30, 2011, EPA has redesignated the Baton Rouge area to
attainment for the 1997 8-hour ozone standard. With this final
redesignation to attainment for the 1997 8-hour ozone NAAQS and the
final determination of attainment for the 1-hour ozone NAAQS in
paragraph (a) of this section, the 1-hour anti-backsliding obligations
to submit planning SIPs to meet the attainment demonstration and
reasonably available control measures requirements, the rate of
progress and contingency measures requirements, and any other
outstanding 1-hour requirements, cease to apply.
PART 81--[AMENDED]
0
4. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
5. In Sec. 81.319, the table entitled, ``Louisiana--Ozone (8-Hour
Standard)''
[[Page 74003]]
is amended by: revising the entries for Baton Rouge Area; and adding a
new footnote 2 at the end of the table.
The revisions and addition read as follows:
Sec. 81.319 Louisiana.
* * * * *
Louisiana--Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area -----------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
Baton Rouge Area:
Ascension Parish........ (\2\) Attainment.
East Baton Rouge Parish. (\2\) Attainment.
Iberville Parish........ (\2\) Attainment.
Livingston Parish....... (\2\) Attainment.
West Baton Rouge Parish. (\2\) Attainment.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ Effective December 30, 2011.
* * * * *
[FR Doc. 2011-30785 Filed 11-29-11; 8:45 am]
BILLING CODE 6560-50-P
