Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Clean Data Determination for the Baton Rouge Area for the 2008 Ozone National Ambient Air Quality Standard, 21139-21142 [2014-08369]
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Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 16, 2014. Filing a
petition for reconsideration by the
Administrator of this direct final rule
does not affect the finality of this rule
for the purposes of judicial review nor
does it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: April 3, 2014.
Karl Brooks,
Regional Administrator, Region 7.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
2. In § 52.1320 the table in paragraph
(c) is amended by revising the entry for
10–5.490 as follows:
■
§ 52.1320
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Identification of plan.
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EPA-APPROVED MISSOURI REGULATIONS
Missouri citation
State effective
date
Title
EPA Approval date
Explanation
Missouri Department of Natural Resources
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Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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10–5.490 ......................................
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Municipal Solid Waste Landfills. ..
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[FR Doc. 2014–08338 Filed 4–14–14; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
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[EPA–R06–OAR–2014–0145; FRL–9909–53–
Region 6]
Approval and Promulgation of Air
Quality Implementation Plans;
Louisiana; Clean Data Determination
for the Baton Rouge Area for the 2008
Ozone National Ambient Air Quality
Standard
Environmental Protection
Agency (EPA).
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ACTION:
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Direct final rule.
The Environmental Protection
Agency (EPA) has determined that the
Baton Rouge, Louisiana marginal 2008
8-hour ozone nonattainment area is
currently attaining the 2008 8-hour
National Ambient Air Quality Standard
(NAAQS) for ozone. This determination
is based upon complete, quality assured,
certified ambient air monitoring data
that show the area has monitored
attainment of the 2008 8-hour ozone
NAAQS during the 2011–2013
monitoring period, and continues to
SUMMARY:
40 CFR Part 52
AGENCY:
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monitor attainment of the NAAQS based
on preliminary 2014 data.
DATES: This rule is effective on June 16,
2014 without further notice, unless EPA
receives relevant adverse comment by
May 15, 2014. If EPA receives such
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that this rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2014–0145, by one of the
following methods:
• www.regulations.gov. Follow the
on-line instructions.
• Email: Mr. Guy Donaldson at
donaldson.guy@epa.gov. Please also
send a copy by email to the person
listed in the FOR FURTHER INFORMATION
CONTACT section below.
• Mail or delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2014–
0145. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information
through https://www.regulations.gov or
email, if you believe that it is CBI or
otherwise protected from disclosure.
The https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means that EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to EPA without going
through https://www.regulations.gov,
your email 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 along with any disk or CD–
ROM submitted. 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 and any form of encryption
and should be free of any defects or
viruses. For additional information
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about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment with the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253.
FOR FURTHER INFORMATION CONTACT: Ms.
Ellen Belk, Air Planning Section (6PD–
L), Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite
1200, Dallas, Texas 75202–2733,
telephone (214) 665–2164, fax (214)
665–6762, email address belk.ellen@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Background
II. EPA’s Evaluation
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On May 21, 2012 (77 FR 30088),
effective July 20, 2012, EPA designated
as nonattainment any area that was
violating the 2008 8-hour ozone NAAQS
based on the three most recent years
(2008–2010) of air quality data. The
Baton Rouge area (specifically,
Ascension, East Baton Rouge, Iberville,
Livingston, and West Baton Rouge
Parishes) was designated as a marginal
ozone nonattainment area. Recent air
quality data indicate that the Baton
Rouge area is now attaining the 2008 8hour ozone standard.
EPA is taking direct final action in
determining that the Baton Rouge,
Louisiana marginal 2008 8-hour ozone
nonattainment area (hereafter the Baton
Rouge area) has attained the 2008 8hour NAAQS for ozone. This
determination is based upon complete,
quality assured and certified ambient air
monitoring data that show the area has
monitored attainment of the ozone
NAAQS during the 2011–2013
monitoring period. Data entered into
EPA’s Air Quality System database
(AQS) for 2014, but not yet certified also
show that the area continues to attain
the standard.
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This clean data determination for the
Baton Rouge area is being taken at the
request of the State of Louisiana 1 and in
accordance with our Clean Data Policy.2
This Clean Data Determination serves as
notice to the public that the
nonattainment area’s air quality meets
the 2008 ozone NAAQS.3
To clarify, this action does not
constitute a redesignation to attainment
under CAA section 107(d)(3)(E)(i). This
is because we do not yet have an
approved maintenance plan for the area
as required under section 175A of the
CAA, nor have we found that the area
has met the other applicable
requirements for redesignation. The
classification and designation status of
the area will remain marginal
nonattainment for the 2008 8-hour
ozone NAAQS, and will be subject to
marginal nonattainment applicable
requirements including a nonattainment
NSR SIP and an EI, until such time as
EPA determines that the area meets all
the CAA applicable requirements for
redesignation to attainment. This
finding means the area will have met
one important requirement for
redesignation, that is, having air quality
that meets the standard. EPA expects
that Louisiana will be providing the
remaining elements necessary for
redesignation in a SIP revision. Also,
this action does not constitute a
Determination of Attainment by an
Area’s Attainment Date under CAA
section 179(c), 181(b)(2) and 188(b)(2).
II. EPA’s Evaluation
For ozone, an area may be considered
to be attaining the 2008 8-hour ozone
NAAQS if there are no violations, as
determined in accordance with 40 CFR
50, based on three complete,
consecutive calendar years of qualityassured air quality monitoring data.
Under EPA regulations at 40 CFR Part
50, the 2008 8-hour ozone standard is
1 See Louisiana’s letter from Secretary Peggy
Hatch to Mr. Ron Curry, dated January 23, 2014 in
the docket for this action.
2 Our Clean Data Policy is set forth in a May 10,
1995, EPA memorandum from John S. Seitz,
Director, Office of Air Quality Planning and
Standards, entitled ‘‘Reasonable Further Progress,
Attainment Demonstration, and Related
Requirements for Ozone Nonattainment Areas
Meeting the Ozone National Ambient Air Quality
Standard.’’ This policy is included in the docket for
this action.
3 See Memorandum from Janet McCabe, Deputy
Assistant Administrator, Office of Air & Radiation,
to Regional Administrators, Region I–X, dated April
6, 2011, entitled, ‘‘Regional consistency for the
Administrative Requirements of State
Implementation Plan Submittals and the use of
‘‘Letter Notices’’, ‘‘Attachment C—Determinations
of Attainment by an Area’s attainment Date v. Clean
Data Determinations & Redesignation Requests and
Maintenance Plans’’ (p. 9) in the docket for this
action.
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attained when the 3-year average of the
annual fourth-highest daily maximum 8hour average ozone concentrations at an
ozone monitor is less than or equal to
0.075 parts per million (ppm) (i.e., 0.075
ppm, based on the truncating
conventions in 40 CFR part 50,
Appendix P). This 3-year average is
referred to as the design value. When
the design value is less than or equal to
0.075 ppm at each monitor within the
area, then the area is meeting the
NAAQS. Also, the data completeness
requirement is met when the average
percent of days with valid ambient
monitoring data is greater than or equal
to 90%, and no single year has less than
75% data completeness as determined
in Appendix P of 40 CFR Part 50. The
data must be collected and qualityassured in accordance with 40 CFR part
58, and recorded in the EPA Air Quality
System (AQS). The monitors generally
should have remained at the same
location for the duration of the
monitoring period required for
demonstrating attainment. For ease of
communication, many reports of ozone
concentrations are given in parts per
billion (ppb); ppb = ppm × 1,000. Thus,
0.075 ppm equals 75 ppb.
EPA reviewed the Baton Rouge area
ozone monitoring data from ambient
ozone monitoring stations for the ozone
seasons 2011 through 2013, as well as
data for the 2014 ozone in AQS but not
yet certified. The 2011–2013 ozone
season data for all the ozone monitors
in the Baton Rouge area have been
quality assured and certified by EPA.
The design value for 2011–2013 is 0.075
ppm, and is not changed by the
preliminary data for 2014 (at this time
of this writing, March 7, 2014,
21141
preliminary data available in AQS
included data for the month of January,
2014). The data for the three ozone
seasons 2011–2013, and preliminary
data for 2014, show that the Baton
Rouge area is attaining the 2008 8-hour
ozone NAAQS.
Table 1 shows the fourth-highest daily
maximum 8-hour average ozone
concentrations for the Baton Rouge,
Louisiana nonattainment area monitors
for the years 2011–2013. (To find the
overall design value for the area for a
given year, simply find the highest
design value from any of the eight
monitors for that year.) The location of
each monitoring site in the Baton Rouge
area is shown on the map entitled,
‘‘Baton Rouge ozone and ozone
precursor monitoring network’’
included in the docket associated with
this action.
TABLE 1—BATON ROUGE AREA FOURTH HIGH 8-HOUR OZONE AVERAGE CONCENTRATIONS AND DESIGN VALUES (PPM)
4th Highest daily max
Design values
three year
averages
Site
2011
2012
12
2013
2011–2013
Plaquemine (22–047–0009) ............................................................................
Carville (22–047–0012) ...................................................................................
Dutchtown (22–005–0004) ..............................................................................
LSU (22–033–0003) ........................................................................................
Port Allen (22–121–0001) ................................................................................
Pride (22–033–0013) .......................................................................................
French Settlement (22–063–0002) ..................................................................
Capitol (22–033–0009) ....................................................................................
0.079
0.084
0.080
0.083
0.074
0.075
0.077
0.080
0.074
0.073
0.071
0.075
0.070
0.070
0.071
0.072
0.061
0.068
0.062
0.067
0.060
0.062
0.069
0.066
0.071
0.075
0.071
0.075
0.068
0.069
0.072
0.072
1 Unlike for the 1-hour ozone standard, design value calculations for the 2008 8-hour ozone standard are based on a rolling three-year average
of the annual 4th highest values. This is the same as design value calculations for the 1997 8-hour ozone standard. (40 CFR Part 50, Appendix
I).
2 The Baker and Grosse Tete ozone monitoring sites were shut down after 2010; no data from these sites was used in the design values included in this table.
The 8-hour ozone design value for the
Baton Rouge area based on monitoring
data for 2011 through 2013 is provided
in Table 2:
TABLE 2—BATON ROUGE AREA 8HOUR OZONE DESIGN VALUE (PPM)
Baton Rouge area overall
Design value
three year
average
2011–2013
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0.075
As shown in Table 2, the 8-hour
ozone design value for 2011–2013,
which is based on a three-year average
of the fourth-highest daily maximum
average ozone concentration at the
monitor recording the highest
concentrations, is 0.075 ppm, which
meets the 2008 8-hour ozone NAAQS.
Data through 2013 have been quality
assured, as recorded in AQS. Data for
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2014 not yet certified also indicate that
the area continues to attain the 2008 8hour NAAQS. In summary, monitoring
data for Baton Rouge for the three years
2011 through 2013, as well as
preliminary monitoring data for 2014,
show continued attainment of the 2008
8-hour ozone standard. Preliminary data
for Baton Rouge for 2014 are included
in the docket.
EPA’s review of these data confirms
that the Baton Rouge ozone
nonattainment area has met and
continues to meet the 2008 8-hour
ozone NAAQS. Data for 2011–2013,
show the area continues to attain the
2008 8-hour ozone NAAQS. Preliminary
data available to date for the 2014 ozone
season are consistent with continued
attainment.
III. Final Action
We are taking direct final action to
find that the Baton Rouge, Louisiana
marginal 2008 8-hour ozone
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nonattainment area has attained the
2008 8-hour NAAQS for ozone. This
action is based on complete, quality
assured data for 2011–2013 indicating
attainment as well as on preliminary
data for the 2014 ozone season available
to date which are consistent with
continued attainment. As provided in
40 CFR Section 51.918, this action
provides formal acknowledgement that
the Baton Rouge area air quality data for
2011–2013, including preliminary data
for 2014, meet the applicable
requirements of EPA’s Clean Data Policy
for the 2008 8-hour ozone standard.
EPA is publishing this rule without
prior proposal because we view this as
a non-controversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
SIP revision if relevant adverse
comments are received. This rule will
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be effective on June 16, 2014 without
further notice unless we receive relevant
adverse comments by May 15, 2014. If
we receive relevant adverse comments,
we will publish a timely withdrawal in
the Federal Register informing the
public that the rule will not take effect.
We will address all public comments in
a subsequent final rule based on the
proposed rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
must do so now. Please note that if we
receive a relevant adverse comment on
an amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
IV. Statutory and Executive Order
Reviews
This action makes a determination
based on air quality data. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to 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 CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because it merely
makes a determination based on air
quality data.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 16, 2014. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Ozone, Incorporation
by reference.
Dated: April 1, 2014.
Samuel Coleman,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart T—Louisiana
2. Amend § 52.977 to add a new
paragraph (e) to read as follows:
■
§ 52.977
Ozone.
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(e) Clean Data Determination.
Effective June 16, 2014 EPA has
determined that the Baton Rouge,
Louisiana, marginal 2008 8-hour ozone
nonattainment area is currently
attaining the 2008 8-hour NAAQS for
ozone.
[FR Doc. 2014–08369 Filed 4–14–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2011–0500; FRL–9909–57–
Region–6]
Approval and Promulgation of
Implementation Plans; Louisiana;
Interstate Transport of Fine Particulate
Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a portion of
a State Implementation Plan (SIP)
submittal, and technical supplement
from the State of Louisiana to address
Clean Air Act (CAA) requirements in
section 110(a)(2)(D)(i)(I) that prohibit air
emissions which will contribute
significantly to nonattainment or
interfere with maintenance in any other
state for the 2006 fine particulate matter
(PM2.5) national ambient air quality
standards (NAAQS). EPA has
determined that the existing SIP for
Louisiana contains adequate provisions
to prohibit air pollutant emissions from
significantly contributing to
nonattainment or interfering with
maintenance of the 2006 24-hour PM2.5
NAAQS (2006 PM2.5 NAAQS) in any
other state as required by section
110(a)(2)(D)(i)(I) of the CAA.
DATES: This final rule is effective on
May 15, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2011–0500. 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,
e.g., 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 (6PD–L),
SUMMARY:
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[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Rules and Regulations]
[Pages 21139-21142]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08369]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2014-0145; FRL-9909-53-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Louisiana; Clean Data Determination for the Baton Rouge Area for the
2008 Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) has determined that
the Baton Rouge, Louisiana marginal 2008 8-hour ozone nonattainment
area is currently attaining the 2008 8-hour National Ambient Air
Quality Standard (NAAQS) for ozone. This determination is based upon
complete, quality assured, certified ambient air monitoring data that
show the area has monitored attainment of the 2008 8-hour ozone NAAQS
during the 2011-2013 monitoring period, and continues to
[[Page 21140]]
monitor attainment of the NAAQS based on preliminary 2014 data.
DATES: This rule is effective on June 16, 2014 without further notice,
unless EPA receives relevant adverse comment by May 15, 2014. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2014-0145, by one of the following methods:
www.regulations.gov. Follow the on-line instructions.
Email: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please
also send a copy by email to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2014-0145. EPA's policy is that all comments received will be included
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Docket: The index to the docket for this action is available
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the person listed in the FOR FURTHER INFORMATION CONTACT paragraph
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FOR FURTHER INFORMATION CONTACT: Ms. Ellen Belk, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733, telephone (214) 665-2164, fax
(214) 665-6762, email address belk.ellen@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
Table of Contents
I. Background
II. EPA's Evaluation
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On May 21, 2012 (77 FR 30088), effective July 20, 2012, EPA
designated as nonattainment any area that was violating the 2008 8-hour
ozone NAAQS based on the three most recent years (2008-2010) of air
quality data. The Baton Rouge area (specifically, Ascension, East Baton
Rouge, Iberville, Livingston, and West Baton Rouge Parishes) was
designated as a marginal ozone nonattainment area. Recent air quality
data indicate that the Baton Rouge area is now attaining the 2008 8-
hour ozone standard.
EPA is taking direct final action in determining that the Baton
Rouge, Louisiana marginal 2008 8-hour ozone nonattainment area
(hereafter the Baton Rouge area) has attained the 2008 8-hour NAAQS for
ozone. This determination is based upon complete, quality assured and
certified ambient air monitoring data that show the area has monitored
attainment of the ozone NAAQS during the 2011-2013 monitoring period.
Data entered into EPA's Air Quality System database (AQS) for 2014, but
not yet certified also show that the area continues to attain the
standard.
This clean data determination for the Baton Rouge area is being
taken at the request of the State of Louisiana \1\ and in accordance
with our Clean Data Policy.\2\ This Clean Data Determination serves as
notice to the public that the nonattainment area's air quality meets
the 2008 ozone NAAQS.\3\
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\1\ See Louisiana's letter from Secretary Peggy Hatch to Mr. Ron
Curry, dated January 23, 2014 in the docket for this action.
\2\ Our Clean Data Policy is set forth in a May 10, 1995, EPA
memorandum from John S. Seitz, Director, Office of Air Quality
Planning and Standards, entitled ``Reasonable Further Progress,
Attainment Demonstration, and Related Requirements for Ozone
Nonattainment Areas Meeting the Ozone National Ambient Air Quality
Standard.'' This policy is included in the docket for this action.
\3\ See Memorandum from Janet McCabe, Deputy Assistant
Administrator, Office of Air & Radiation, to Regional
Administrators, Region I-X, dated April 6, 2011, entitled,
``Regional consistency for the Administrative Requirements of State
Implementation Plan Submittals and the use of ``Letter Notices'',
``Attachment C--Determinations of Attainment by an Area's attainment
Date v. Clean Data Determinations & Redesignation Requests and
Maintenance Plans'' (p. 9) in the docket for this action.
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To clarify, this action does not constitute a redesignation to
attainment under CAA section 107(d)(3)(E)(i). This is because we do not
yet have an approved maintenance plan for the area as required under
section 175A of the CAA, nor have we found that the area has met the
other applicable requirements for redesignation. The classification and
designation status of the area will remain marginal nonattainment for
the 2008 8-hour ozone NAAQS, and will be subject to marginal
nonattainment applicable requirements including a nonattainment NSR SIP
and an EI, until such time as EPA determines that the area meets all
the CAA applicable requirements for redesignation to attainment. This
finding means the area will have met one important requirement for
redesignation, that is, having air quality that meets the standard. EPA
expects that Louisiana will be providing the remaining elements
necessary for redesignation in a SIP revision. Also, this action does
not constitute a Determination of Attainment by an Area's Attainment
Date under CAA section 179(c), 181(b)(2) and 188(b)(2).
II. EPA's Evaluation
For ozone, an area may be considered to be attaining the 2008 8-
hour ozone NAAQS if there are no violations, as determined in
accordance with 40 CFR 50, based on three complete, consecutive
calendar years of quality-assured air quality monitoring data. Under
EPA regulations at 40 CFR Part 50, the 2008 8-hour ozone standard is
[[Page 21141]]
attained when the 3-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentrations at an ozone monitor is less
than or equal to 0.075 parts per million (ppm) (i.e., 0.075 ppm, based
on the truncating conventions in 40 CFR part 50, Appendix P). This 3-
year average is referred to as the design value. When the design value
is less than or equal to 0.075 ppm at each monitor within the area,
then the area is meeting the NAAQS. Also, the data completeness
requirement is met when the average percent of days with valid ambient
monitoring data is greater than or equal to 90%, and no single year has
less than 75% data completeness as determined in Appendix P of 40 CFR
Part 50. The data must be collected and quality-assured in accordance
with 40 CFR part 58, and recorded in the EPA Air Quality System (AQS).
The monitors generally should have remained at the same location for
the duration of the monitoring period required for demonstrating
attainment. For ease of communication, many reports of ozone
concentrations are given in parts per billion (ppb); ppb = ppm x 1,000.
Thus, 0.075 ppm equals 75 ppb.
EPA reviewed the Baton Rouge area ozone monitoring data from
ambient ozone monitoring stations for the ozone seasons 2011 through
2013, as well as data for the 2014 ozone in AQS but not yet certified.
The 2011-2013 ozone season data for all the ozone monitors in the Baton
Rouge area have been quality assured and certified by EPA. The design
value for 2011-2013 is 0.075 ppm, and is not changed by the preliminary
data for 2014 (at this time of this writing, March 7, 2014, preliminary
data available in AQS included data for the month of January, 2014).
The data for the three ozone seasons 2011-2013, and preliminary data
for 2014, show that the Baton Rouge area is attaining the 2008 8-hour
ozone NAAQS.
Table 1 shows the fourth-highest daily maximum 8-hour average ozone
concentrations for the Baton Rouge, Louisiana nonattainment area
monitors for the years 2011-2013. (To find the overall design value for
the area for a given year, simply find the highest design value from
any of the eight monitors for that year.) The location of each
monitoring site in the Baton Rouge area is shown on the map entitled,
``Baton Rouge ozone and ozone precursor monitoring network'' included
in the docket associated with this action.
Table 1--Baton Rouge Area Fourth High 8-hour Ozone Average Concentrations and Design Values (ppm) 1 2
----------------------------------------------------------------------------------------------------------------
4th Highest daily max Design values
------------------------------------------------ three year
Site averages
2011 2012 2013 ---------------
2011-2013
----------------------------------------------------------------------------------------------------------------
Plaquemine (22-047-0009)........................ 0.079 0.074 0.061 0.071
Carville (22-047-0012).......................... 0.084 0.073 0.068 0.075
Dutchtown (22-005-0004)......................... 0.080 0.071 0.062 0.071
LSU (22-033-0003)............................... 0.083 0.075 0.067 0.075
Port Allen (22-121-0001)........................ 0.074 0.070 0.060 0.068
Pride (22-033-0013)............................. 0.075 0.070 0.062 0.069
French Settlement (22-063-0002)................. 0.077 0.071 0.069 0.072
Capitol (22-033-0009)........................... 0.080 0.072 0.066 0.072
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\1\ Unlike for the 1-hour ozone standard, design value calculations for the 2008 8-hour ozone standard are based
on a rolling three-year average of the annual 4th highest values. This is the same as design value
calculations for the 1997 8-hour ozone standard. (40 CFR Part 50, Appendix I).
\2\ The Baker and Grosse Tete ozone monitoring sites were shut down after 2010; no data from these sites was
used in the design values included in this table.
The 8-hour ozone design value for the Baton Rouge area based on
monitoring data for 2011 through 2013 is provided in Table 2:
Table 2--Baton Rouge Area 8-hour Ozone Design Value (ppm)
------------------------------------------------------------------------
Design value
three year
Baton Rouge area overall average
-----------------
2011-2013
------------------------------------------------------------------------
0.075
------------------------------------------------------------------------
As shown in Table 2, the 8-hour ozone design value for 2011-2013,
which is based on a three-year average of the fourth-highest daily
maximum average ozone concentration at the monitor recording the
highest concentrations, is 0.075 ppm, which meets the 2008 8-hour ozone
NAAQS. Data through 2013 have been quality assured, as recorded in AQS.
Data for 2014 not yet certified also indicate that the area continues
to attain the 2008 8-hour NAAQS. In summary, monitoring data for Baton
Rouge for the three years 2011 through 2013, as well as preliminary
monitoring data for 2014, show continued attainment of the 2008 8-hour
ozone standard. Preliminary data for Baton Rouge for 2014 are included
in the docket.
EPA's review of these data confirms that the Baton Rouge ozone
nonattainment area has met and continues to meet the 2008 8-hour ozone
NAAQS. Data for 2011-2013, show the area continues to attain the 2008
8-hour ozone NAAQS. Preliminary data available to date for the 2014
ozone season are consistent with continued attainment.
III. Final Action
We are taking direct final action to find that the Baton Rouge,
Louisiana marginal 2008 8-hour ozone nonattainment area has attained
the 2008 8-hour NAAQS for ozone. This action is based on complete,
quality assured data for 2011-2013 indicating attainment as well as on
preliminary data for the 2014 ozone season available to date which are
consistent with continued attainment. As provided in 40 CFR Section
51.918, this action provides formal acknowledgement that the Baton
Rouge area air quality data for 2011-2013, including preliminary data
for 2014, meet the applicable requirements of EPA's Clean Data Policy
for the 2008 8-hour ozone standard.
EPA is publishing this rule without prior proposal because we view
this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will
[[Page 21142]]
be effective on June 16, 2014 without further notice unless we receive
relevant adverse comments by May 15, 2014. If we receive relevant
adverse comments, we will publish a timely withdrawal in the Federal
Register informing the public that the rule will not take effect. We
will address all public comments in a subsequent final rule based on
the proposed rule. We will not institute a second comment period on
this action. Any parties interested in commenting must do so now.
Please note that if we receive a relevant adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, we may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
IV. Statutory and Executive Order Reviews
This action makes a determination based on air quality data. For
that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to 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 CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it merely makes a determination based on air quality data.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 16, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ozone,
Incorporation by reference.
Dated: April 1, 2014.
Samuel Coleman,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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. Amend Sec. 52.977 to add a new paragraph (e) to read as follows:
Sec. 52.977 Control strategy and regulations: Ozone.
* * * * *
(e) Clean Data Determination. Effective June 16, 2014 EPA has
determined that the Baton Rouge, Louisiana, marginal 2008 8-hour ozone
nonattainment area is currently attaining the 2008 8-hour NAAQS for
ozone.
[FR Doc. 2014-08369 Filed 4-14-14; 8:45 am]
BILLING CODE 6560-50-P
