Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Louisiana; Redesignation of Baton Rouge Nonattainment Area, 2008 8-Hour Ozone Nonattainment Area to Attainment, 76891-76899 [2016-26584]

Download as PDF Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Proposed Rules their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule will not result in such an expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This proposed rule simply promulgates the operating regulations or procedures for drawbridges. Normally such actions are categorically excluded from further review, under figure 2–1, paragraph (32)(e), of the Instruction. Under figure 2–1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. rmajette on DSK2TPTVN1PROD with PROPOSALS G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal VerDate Sep<11>2014 11:53 Nov 03, 2016 Jkt 241001 eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this notice, and all public comments, are in our online docket at https:// www.regulations.gov and can be viewed by following that Web site’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. ■ 2. Revise § 117.500 to read as follows: § 117.500 Tchefuncta River The draw of the SR 22 Bridge, mile 2.5, at Madisonville, shall open on signal from 7 p.m. to 6 a.m. From 6 a.m. to 7 p.m., the draw need only open on the hour, except that the draw need not open for the passage of vessels at 8 a.m., 5 p.m. and 6 p.m. Monday through Friday except federal holidays. The bridge will open at any time an emergency. Dated: October 31, 2016. David R. Callahan, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2016–26654 Filed 11–3–16; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 76891 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R06–OAR–2016–0293; FRL–9954–35– Region 6] Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Louisiana; Redesignation of Baton Rouge Nonattainment Area, 2008 8-Hour Ozone Nonattainment Area to Attainment Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: On May 2, 2016, the State of Louisiana submitted a request for the Environmental Protection Agency (EPA) to redesignate the five-parish Baton Rouge Nonattainment Area (BRNA or Area) for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or standard) to attainment and to approve a State Implementation Plan (SIP) revision containing a maintenance plan for the area. EPA is proposing to determine that the BRNA is continuing to attain the 2008 ozone NAAQS; to approve into the SIP the State’s plan for maintaining attainment of the standard in the Area, including the motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and volatile organic compounds (VOC) for the years 2022 and 2027; and to redesignate the BRNA to attainment for the standard. DATES: Comments must be received on or before December 5, 2016. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2016–0293, at https:// www.regulations.gov or via email to jacques.wendy@epa.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact Wendy Jacques, (214) 665–7395, SUMMARY: E:\FR\FM\04NOP1.SGM 04NOP1 76892 Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Proposed Rules rmajette on DSK2TPTVN1PROD with PROPOSALS jacques.wendy@epa.gov. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at the 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). FOR FURTHER INFORMATION CONTACT: Wendy Jacques, (214) 665–7395, jacques.wendy@epa.gov. To inspect the hard copy materials, please schedule an appointment with Ms. Jacques or Mr. Bill Deese at 214–665–7253. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean the EPA. I. What are EPA’s proposed actions? EPA is proposing to take the following three separate but related actions, one of which involves multiple elements: (1) To determine that the BRNA continues to attain the 2008 ozone NAAQS; 1 (2) to approve into the SIP, Louisiana’s plan for maintaining the 2008 ozone NAAQS (maintenance plan), including the associated MVEBs for the BRNA; and (3) to redesignate the BRNA to attainment for the 2008 ozone NAAQS. EPA is also notifying the public of the status of EPA’s adequacy determination for the MVEBs for the BRNA. The BRNA is comprised of five parishes that make up the historical metropolitan statistical area: Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge. Today’s proposed actions are summarized below and described in greater detail throughout this notice of proposed rulemaking. EPA is proposing to approve Louisiana’s maintenance plan for the BRNA as meeting the requirements of section 175A [such approval being one of the Clean Air Act (CAA or Act) criteria for redesignation to attainment status]. The maintenance plan is designed to keep the BRNA in attainment of the 2008 ozone NAAQS through 2027. The maintenance plan includes 2022 and 2027 MVEBs for NOX and VOC for the BRNA for 1 On May 4, 2016, we determined that the BRNA had attained the ozone NAAQS, by the applicable attainment date of July 20, 2015, based on 2012– 2014 monitoring data. See 81 FR 26697. VerDate Sep<11>2014 11:53 Nov 03, 2016 Jkt 241001 transportation conformity purposes. EPA is proposing to approve these MVEBs and incorporate them into the Louisiana SIP. EPA also proposes to determine that the BRNA has met the requirements for redesignation under section 107(d)(3)(E) of the CAA. Accordingly, in this action, EPA is proposing to approve a request to change the legal designation of the BRNA, as found at 40 CFR part 81, from nonattainment to attainment for the 2008 ozone NAAQS. EPA is also notifying the public of the status of EPA’s adequacy process for the 2022 and 2027 NOX and VOC MVEBs for the BRNA. The Adequacy comment period began on May 6, 2016, with EPA’s posting of the availability of Louisiana’s submissions on EPA’s Adequacy Web site (https:// www3.epa.gov/otaq/stateresources/ transconf/currsips.htm). The Adequacy comment period for these MVEBs closed on June 6, 2016. No comments, adverse or otherwise, were received during the Adequacy comment period. Please see section VII of this proposed rulemaking for further explanation of this process and for more details on the MVEBs. In summary, today’s notice of proposed rulemaking is in response to Louisiana’s May 2, 2016, redesignation request and associated SIP submission that address the specific issues summarized above and the necessary elements described in section 107(d)(3)(E) of the CAA for redesignation of the BRNA to attainment for the 2008 ozone NAAQS. II. What is the background for EPA’s proposed actions? On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under EPA’s regulations at 40 CFR part 50, the 2008 ozone NAAQS is attained when the 3year average of the annual fourth highest daily maximum 8-hour average ambient air quality ozone concentrations is less than or equal to 0.075 ppm. See 40 CFR 50.15. Ambient air quality monitoring data for the 3year period must meet a data completeness requirement. The ambient air quality monitoring data completeness requirement is met when the average percent of days with valid ambient monitoring data is equal to or greater than 90 percent, and no single year has less than 75 percent data completeness as determined in Appendix P of part 50. Upon promulgation of a new or revised NAAQS, the CAA requires EPA to designate as nonattainment any area that is violating the NAAQS, based on PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 the three most recent years of complete, quality assured, and certified ambient air quality data at the conclusion of the designation process. The BRNA was designated nonattainment for the 2008 ozone NAAQS on May 21, 2012 (effective July 20, 2012) using 2008– 2010 ambient air quality data. See 77 FR 30088 (May 21, 2012). At the time of designation, the BRNA was classified as a marginal nonattainment area for the 2008 ozone NAAQS. In the final implementation rule for the 2008 ozone NAAQS (SIP Implementation Rule),2 EPA established ozone nonattainment area attainment dates based on Table 1 of section 181(a) of the CAA. This rule established an attainment date three years after the July 20, 2012, effective date of designation for areas classified as marginal for the 2008 ozone nonattainment designations.3 Therefore, the BRNA’s attainment date was July 20, 2015. III. What are the criteria for redesignation? The CAA provides the requirements for redesignating a nonattainment area to attainment. Specifically, section 107(d)(3)(E) of the CAA allows for redesignation providing 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 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 section 2 This rule, entitled Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements and published at 80 FR 12264 (March 6, 2015), addresses a range of nonattainment area SIP requirements for the 2008 ozone NAAQS, including requirements pertaining to attainment demonstrations, reasonable further progress, RACT, reasonably available control measures, major NSR, emission inventories, and the timing of SIP submissions and of compliance with emission control measures in the SIP. This rule also addresses the revocation of the 1997 ozone NAAQS and the anti-backsliding requirements that apply when the 1997 ozone NAAQS are revoked. 3 The SIP Implementation Rule modified 40 CFR 51.1103 to establish attainment dates that run from the effective date of designation, i.e., July 20, 2012. This action was in response to the D.C. Circuit’s decision in NRDC v. EPA (D.C. Cir. No. 12–1321) (Dec. 23, 2014). The Court’s decision held ‘‘that the EPA’s decision to run the attainment periods from the end of the calendar year in which areas were designated was unreasonable.’’ 80 FR 12264, at 12268. E:\FR\FM\04NOP1.SGM 04NOP1 76893 Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Proposed Rules 175A; and, (5) the state containing such area has met all requirements applicable to the area for purposes of redesignation under section 110 and part D of the CAA. On April 16, 1992, EPA provided guidance on redesignation in the General Preamble for the Implementation of title I of the CAA Amendments of 1990 (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, Director, Technical Support Division, 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 (hereafter referred to as the ‘‘Calcagni Memorandum’’); 5. ‘‘State Implementation Plan (SIP) Actions Submitted in Response to Clean Air Act (CAA) 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 H. 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 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. IV. Why is EPA proposing these actions? On May 2, 2016, the State of Louisiana, through the Louisiana Department of Environmental Quality (LDEQ), requested that EPA redesignate the BRNA to attainment for the 2008 ozone NAAQS. EPA’s evaluation indicates that the entire BRNA has attained the 2008 ozone NAAQS, and that the BRNA meets the requirements for redesignation as set forth in section 107(d)(3)(E), including the maintenance plan requirements under section 175A of the CAA. As a result, EPA is proposing to take the three related actions summarized in section I of this notice. V. What is EPA’s analysis of the request? Our analysis of the State’s request with respect to the five redesignation criteria provided under CAA section 107(d)(3)(E) is discussed in the following paragraphs of this section. Criteria (1)—The BRNA has attained the 2008 ozone NAAQS. For redesignating a nonattainment area to attainment, the CAA requires EPA to determine that the area has attained the applicable NAAQS (CAA section 107(d)(3)(E)(i)). For ozone, an area may be considered to be attaining the 2008 ozone NAAQS if it meets the 2008 ozone NAAQS, as determined in accordance with 40 CFR 50.15 and Appendix P of part 50, based on three complete, consecutive calendar years of quality-assured air quality monitoring data. To attain the 2008 ozone NAAQS, the 3-year average of the fourth-highest daily maximum average ozone concentrations measured at each monitor within an area over each year must not exceed 0.075 ppm. Based on the data handling and reporting convention described in 40 CFR part 50, Appendix P, the 2008 ozone NAAQS are attained if the design value is 0.075 ppm or below. 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. EPA is proposing to determine that the BRNA is continuing to attain the 2008 ozone NAAQS. EPA reviewed ozone monitoring data from monitoring stations in the BRNA for the 2008 8hour ozone NAAQS for 2011–2015, and the design values for each monitor in the Area are less than 0.075 ppm. These data have been quality-assured, are recorded in AQS, and indicate that the Area is attaining the 2008 ozone NAAQS. The fourth-highest 8-hour ozone values at each monitor for 2011, 2012, 2013, 2014, 2015, and the 3-year averages of these values (i.e., design values), are summarized in Table 1, below. TABLE 1—2011–2015 DESIGN VALUE CONCENTRATIONS FOR THE BRNA 4th Highest 8-hour ozone value (ppm) Site rmajette on DSK2TPTVN1PROD with PROPOSALS 2011 Plaquemine ...................... Carville ............................. Dutchtown ........................ LSU .................................. Port Allen ......................... Pride ................................. French Settlement ............ Capitol .............................. VerDate Sep<11>2014 11:53 Nov 03, 2016 0.079 0.084 0.080 0.083 0.074 0.075 0.077 0.080 Jkt 241001 2012 2013 0.074 0.073 0.071 0.075 0.070 0.070 0.071 0.072 PO 00000 Frm 00017 0.061 0.068 0.062 0.067 0.060 0.062 0.069 0.066 Fmt 4702 3-Year design values (ppm) 2014 2015 0.061 0.068 0.069 0.075 0.066 0.068 0.073 0.070 Sfmt 4702 2011–2013 0.069 0.075 0.074 0.073 0.066 0.062 0.070 0.069 E:\FR\FM\04NOP1.SGM 0.071 0.075 0.071 0.075 0.068 0.069 0.072 0.072 04NOP1 2012–2014 0.065 0.069 0.067 0.072 0.065 0.066 0.071 0.069 2013–2015 0.063 0.070 0.068 0.071 0.064 0.064 0.070 0.068 rmajette on DSK2TPTVN1PROD with PROPOSALS 76894 Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Proposed Rules The 3-year design value for 2011– 2013 for the BRNA is 0.075 ppm,4 which meets the 2008 ozone NAAQS. Further, quality assured data shows the 2012–2014 design value for the BRNA has decreased to 0.072 ppm and the 2013–2015 design value for the BRNA has decreased to 0.071 ppm. In today’s action, EPA is proposing to determine that the BRNA is continuing to attain the 2008 ozone NAAQS. EPA will not take final action to approve the redesignation if the 3-year design value exceeds the NAAQS prior to EPA finalizing the redesignation. As discussed in more detail below, the State of Louisiana has committed to continue monitoring in this Area in accordance with 40 CFR part 58. Criteria (2)—Louisiana has a fully approved SIP under section 110(k) for the BRNA; and Criteria (5)—Louisiana has met all applicable requirements under section 110 and part D of title I of the CAA. For redesignating a nonattainment area to attainment, the CAA requires EPA to determine that the state has met all applicable requirements under section 110 and part D of title I of the CAA (CAA section 107(d)(3)(E)(v)) and that the state has a fully approved SIP under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA proposes to find that Louisiana has met all applicable SIP requirements for the BRNA under section 110 of the CAA (general SIP requirements) for purposes of redesignation. Additionally, EPA proposes to find that the Louisiana SIP satisfies the criterion that it meets applicable SIP requirements for purposes of redesignation under part D of title I of the CAA in accordance with section 107(d)(3)(E)(v). Further, EPA proposes to determine that the SIP is fully approved with respect to all requirements applicable for purposes of redesignation in accordance with section 107(d)(3)(E)(ii). In making these determinations, EPA ascertained which requirements are applicable to the Area and, if applicable, that they are fully approved under section 110(k). SIPs must be fully approved only with respect to requirements that were applicable prior to submittal of the 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, 4 The monitor with the highest 3-year design value is considered the design value for the BRNA. VerDate Sep<11>2014 11:53 Nov 03, 2016 Jkt 241001 with EPA’s existing policy on applicability (i.e., for redesignations) of conformity and oxygenated fuels a. The BRNA Has Met All Applicable requirements, as well as with section Requirements Under Section 110 and 184 ozone transport requirements. See Part D of the CAA Reading, Pennsylvania, proposed and General SIP requirements. General SIP final rulemakings (61 FR 53174, October elements and requirements are 10, 1996), (62 FR 24826, May 7, 1997); delineated in section 110(a)(2) of title I, Cleveland-Akron-Loraine, Ohio, final part A of the CAA. These requirements rulemaking (61 FR 20458, May 7, 1996); include, but are not limited to, the and Tampa, Florida, final rulemaking following: Submittal of a SIP that has (60 FR 62748, December 7, 1995). See been adopted by the state after also the discussion on this issue in the reasonable public notice and hearing; Cincinnati, Ohio, redesignation (65 FR provisions for establishment and 37890, June 19, 2000), and in the operation of appropriate procedures Pittsburgh, Pennsylvania, redesignation needed to monitor ambient air quality; (66 FR 50399, October 19, 2001). implementation of a source permit Title I, Part D, applicable SIP program; provisions for the requirements. Section 172(c) of the CAA implementation of part C requirements sets forth the basic requirements of (Prevention of Significant Deterioration attainment plans for nonattainment (PSD)) and provisions for the areas that are required to submit them implementation of part D requirements pursuant to section 172(b). Subpart 2 of (Nonattainment NSR permit programs); part D, which includes section 182 of provisions for air pollution modeling; the CAA, establishes specific and provisions for public and local requirements for ozone nonattainment agency participation in planning and areas depending on the area’s emission control rule development. nonattainment classification. As Section 110(a)(2)(D) requires that SIPs provided in Subpart 2, the specific contain certain measures to prevent requirements of section 182(a) apply in sources in a state from significantly lieu of the demonstration of attainment contributing to air quality problems in (and contingency measures) required by another state. To implement this section 172(c). 42 U.S.C. 7511a(a). A provision, EPA has required certain thorough discussion of the requirements states to establish programs to address contained in sections 172(c) and 182 the interstate transport of air pollutants. can be found in the General Preamble The section 110(a)(2)(D) requirements for Implementation of Title I (57 FR for a state are not linked with a 13498, April 16, 1992). particular nonattainment area’s Section 182(a) Requirements. Section designation and classification in that 182(a)(1) requires states to submit a state. EPA believes that the comprehensive, accurate, and current requirements linked with a particular inventory of actual emissions from nonattainment area’s designation and sources of VOC and NOX emitted within classifications are the relevant measures the boundaries of the ozone to evaluate in reviewing a redesignation nonattainment area. Louisiana provided request. The transport SIP submittal an emissions inventory for the BRNA to requirements, where applicable, EPA in this SIP submission. On July 5, continue to apply to a state regardless of 2016, EPA published a direct final rule the designation of any one particular to approve this emissions inventory into area in the state. Thus, EPA does not the SIP. See 81 FR 43490. believe that the CAA’s interstate Under section 182(a)(2)(A), states transport requirements should be with ozone nonattainment areas that construed to be applicable requirements were designated prior to the enactment for purposes of redesignation. See 75 FR of the 1990 CAA amendments were 2091, January 14, 2010. required to submit, within six months of In addition, EPA believes other classification, all rules and corrections section 110 elements that are neither to existing VOC reasonably available connected with nonattainment plan control technology (RACT) that were submissions nor linked with an area’s required under section 172(b)(3) of the attainment status are applicable CAA (and related guidance) prior to the requirements for purposes of 1990 CAA amendments. The BRNA is redesignation. The area will still be subject to the section 182(a)(2) RACT subject to these requirements after the ‘‘fix up’’ and has been approved (59 FR area is redesignated. The section 110 23166, May 5, 1994). and part D requirements that are linked Section 182(a)(2)(B) requires each with a particular area’s designation and state with a marginal ozone classification are the relevant measures nonattainment area that implemented, to evaluate in reviewing a redesignation or was required to implement, an request. This approach is consistent inspection and maintenance (I/M) 1995) (redesignation of Detroit–Ann Arbor, MI). PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\04NOP1.SGM 04NOP1 rmajette on DSK2TPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Proposed Rules program prior to the 1990 CAA amendments to submit a SIP revision providing for an I/M program no less stringent than that required prior to the 1990 CAA amendments or already in the SIP at the time of the amendments, whichever is more stringent. The BRNA is subject to the section 182(a)(2)(B) and does have an approved I/M program (71 FR 66113, November 13, 2006). Regarding the permitting and offset requirements of section 182(a)(2)(C) and section 182(a)(4), Louisiana does have an approved part D NSR program in place (62 FR 52948, October 10, 1997). However, EPA has determined that areas being redesignated need not comply with the requirement that a NSR program be approved prior to redesignation, provided that the area demonstrates maintenance of the NAAQS without part D NSR, because PSD requirements will apply after redesignation. A more detailed rationale for this view is described in a memorandum from Mary Nichols, Assistant Administrator for Air and Radiation, dated October 14, 1994, entitled, ‘‘Part D New Source Review Requirements for Areas Requesting Redesignation to Attainment.’’ Louisiana’s PSD program will automatically become applicable in the BRNA upon redesignation to attainment. See Louisiana Regulations Title 33, Part III, Chapter 5, section 504 that is part of the SIP. Section 182(a)(3) requires states to submit periodic inventories and emissions statements. Section 182(a)(3)(A) requires states to submit a periodic inventory every three years. As discussed below in the section of this notice titled Criteria (4)(e), Verification of Continued Attainment, the State will continue to update its emissions inventory at least once every three years. Under section 182(a)(3)(B), each state with an ozone nonattainment area must submit a SIP revision requiring emissions statements to be submitted to the state by sources within that nonattainment area. Louisiana provided a SIP revision to EPA on March 3, 1993, addressing the section 182(a)(3)(B) emissions statements requirement, and on January 6, 1995, EPA published a final rule to approve this SIP revision. See 60 FR 2014. Section 176 Conformity Requirements. Section 176(c) of the CAA requires states to establish criteria and procedures to ensure that federally supported or funded projects conform to the air quality planning goals in the applicable SIP. The requirement to determine conformity applies to transportation plans, programs, and projects that are developed, funded, or VerDate Sep<11>2014 11:53 Nov 03, 2016 Jkt 241001 approved under title 23 of the United States Code and the Federal Transit Act (transportation conformity) as well as to all other federally supported or funded projects (general conformity). State transportation conformity SIP revisions must be consistent with Federal conformity regulations relating to consultation, enforcement, and enforceability that EPA promulgated pursuant to its authority under the CAA. EPA interprets the conformity SIP requirements 5 as not applying for purposes of evaluating a redesignation request under section 107(d) because state conformity rules are still required after redesignation and Federal conformity rules apply where state rules have not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this interpretation); see also 60 FR 62748 (December 7, 1995) (redesignation of Tampa, Florida). Nonetheless, Louisiana has an approved conformity SIP. See 71 FR 63247 (October 30, 2006). EPA proposes that the BRNA has satisfied all applicable requirements for purposes of redesignation under section 110 and part D of title I of the CAA. b. The BRNA has a fully approved applicable SIP under section 110(k) of the CAA. EPA has fully approved the applicable Louisiana SIP for the BRNA under section 110(k) of the CAA for all requirements applicable for purposes of redesignation. EPA may rely on prior SIP approvals in approving a redesignation request (see Calcagni Memorandum at p. 3; Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989–90 (6th Cir. 1998); Wall, 265 F.3d 426) plus any additional measures it may approve in conjunction with a redesignation action (see 68 FR 25426, May 12, 2003, and citations therein). Louisiana has adopted and submitted, and EPA has fully approved at various times, provisions addressing the various SIP elements applicable for the ozone NAAQS. See e.g. 76 FR 74000, November 15, 2011. As indicated above, EPA believes that the section 110 elements that are neither connected with nonattainment plan submissions nor linked to an area’s nonattainment status are not applicable requirements for purposes of redesignation. EPA has approved all 5 CAA section 176(c)(4)(E) requires states to submit revisions to their SIPs to reflect certain Federal criteria and procedures for determining transportation conformity. Transportation conformity SIPs are different from the MVEBs that are established in control strategy SIPs and maintenance plans. PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 76895 part D requirements applicable for purposes of this redesignation. Criteria (3)—The air quality improvement in the BRNA is due to permanent and enforceable reductions in emissions resulting from implementation of the SIP and applicable Federal air pollution control regulations and other permanent and enforceable reductions. For redesignating a nonattainment area to attainment, the CAA requires EPA to determine that the air quality improvement in the area is due to permanent and enforceable reductions in emissions resulting from implementation of the SIP, applicable Federal air pollution control regulations, and other permanent and enforceable reductions (CAA section 107(d)(3)(E)(iii)). EPA has preliminarily determined that Louisiana has demonstrated that the observed air quality improvement in the BRNA is due to permanent and enforceable reductions in emissions resulting from Federal measures and from state measures adopted into the SIP. EPA does not have any information to suggest that the decrease in ozone concentrations in the BRNA is due to unusually favorable meteorological conditions. Federal measures enacted in recent years have resulted in permanent emission reductions. Most of these emission reductions are enforceable through regulations. The Federal measures that have been implemented include the following: Tier 2 vehicle and fuel standards. Implementation began in 2004 in phases and requires all passenger vehicles in any manufacturer’s fleet to meet an average standard of 0.07 grams of NOX per mile. In January 2006 the sulfur content of gasoline was required to be on average 30 ppm which assists in lowering the NOX emissions (65 FR 6698, February 10, 2000).6 Large non-road diesel engines rule. This rule was promulgated in 2004, and was phased in between 2008 through 2014 (69 FR 38958, June 29, 2004). This rule reduces the sulfur content in the nonroad diesel fuel, and also reduces NOX, VOC, particulate matter, and carbon monoxide emissions. These emission reductions are federally enforceable. This rule applies to diesel engines used in industries, such as 6 Louisiana also identified Tier 3 Motor Vehicle Emissions and Fuel Standards as a federal measure. EPA issued this rule in April 28, 2014, which applies to light duty passenger cars and trucks. EPA promulgated this rule to reduce air pollution from new passenger cars and trucks beginning in 2017. Tier 3 emission standards will lower sulfur content of gasoline and lower the emissions standards. E:\FR\FM\04NOP1.SGM 04NOP1 rmajette on DSK2TPTVN1PROD with PROPOSALS 76896 Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Proposed Rules construction, agriculture, and mining. It is estimated that compliance with this rule will cut NOX emissions from nonroad diesel engines by up to 90 percent nationwide. Heavy-duty gasoline and diesel highway vehicle standards. EPA issued this rule in January 2001 (66 FR 5002). This rule includes standards limiting the sulfur content of diesel fuel, which went into effect in 2004. A second phase of the rule took effect in 2007, which further reduced the highway diesel fuel sulfur content to 15 ppm, leading to additional reductions in combustion NOX and VOC emissions. EPA expects that this rule will achieve a 95 percent reduction in NOX emissions from diesel trucks and buses and will reduce NOX emissions by 2.6 million tons by 2030 when the heavy-duty vehicle fleet is completely replaced with newer heavyduty vehicles that comply with these emission standards.7 Nonroad spark-ignition engines and recreational engines standards. The nonroad spark-ignition and recreational engine standards, effective in January 2003, regulate NOX, hydrocarbons, and carbon monoxide from groups of previously unregulated nonroad engines (67 FR 68242, November 8, 2002). These engine standards apply to large sparkignition engines (e.g., forklifts and airport ground service equipment), recreational vehicles (e.g., off-highway motorcycles and all-terrain-vehicles), and recreational marine diesel engines sold in the United States and imported after the effective date of these standards. When all of the nonroad spark-ignition and recreational engine standards are fully implemented, an overall 72 percent reduction in hydrocarbons, 80 percent reduction in NOX, and 56 percent reduction in carbon monoxide emissions are expected by 2020. These controls reduce ambient concentrations of ozone, carbon monoxide, and fine particulate matter. National program for greenhouse gas (GHG) emissions and fuel economy standards. The federal GHG and fuel economy standards apply to light-duty cars and trucks in model years 2012– 2016 (phase 1) (75 FR 25324, May 7, 2010) and 2017–2025 (phase 2) (proposed at 80 FR 40138, July 13, 2015). The final standards are projected to result in an average industry fleetwide level of 163 grams/mile of carbon dioxide which is equivalent to 54.5 miles per gallon if achieved exclusively through fuel economy improvements. The fuel economy standards result in less fuel being consumed, and therefore less NOX emissions released. 7 66 FR 5002, 5012 (January 18, 2001). VerDate Sep<11>2014 11:53 Nov 03, 2016 Jkt 241001 Point Sources. In the submittal Louisiana noted their adoption of a NOX control rule that was approved by EPA (76 FR 38977, July 5, 2011). Additionally, we note that RACT controls were implemented in the area for the 1997 ozone NAAQS (76 FR 74000, November 30, 2011 and 76 FR 75467, December 2, 2011). Criteria (4)—The BRNA has a fully approved maintenance plan pursuant to section 175A of the CAA. For redesignating a nonattainment area to attainment, the CAA requires EPA to determine that the area has a fully approved maintenance plan pursuant to section 175A of the CAA (CAA section 107(d)(3)(E)(iv)). In conjunction with its request to redesignate the BRNA to attainment for the 2008 ozone NAAQS, LDEQ submitted a SIP revision to provide for the maintenance of the 2008 ozone NAAQS for at least 10 years after the effective date of redesignation to attainment. EPA believes that this maintenance plan meets the requirements for approval under section 175A of the CAA. a. What is required in a maintenance plan? Section 175A of the CAA sets forth the elements of a maintenance plan for areas seeking redesignation from nonattainment to attainment. Under section 175A, the plan must demonstrate continued attainment of the applicable NAAQS for at least 10 years after the Administrator approves a redesignation to attainment. Eight years after the redesignation, the state must submit a revised maintenance plan demonstrating that attainment will continue to be maintained for the 10 years following the initial 10-year period. To address the possibility of future NAAQS violations, the maintenance plan must contain contingency measures as necessary to assure prompt correction of any future violations of the 2008 ozone NAAQS. The Calcagni Memorandum provides further guidance on the content of a maintenance plan, explaining that a maintenance plan should address five requirements: The attainment emissions inventory, maintenance demonstration, monitoring, verification of continued attainment, and a contingency plan.8 As is discussed more fully below, EPA is proposing to determine that Louisiana’s maintenance plan includes all the necessary components and is thus 8 Procedures for Processing Requests to Redesignate Areas to Attainment, Memorandum from John Calcagni, Director, Air Quality Management Division, September 4, 1992. PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 proposing to approve it as a revision to the Louisiana SIP. b. Attainment Emissions Inventory EPA is proposing to determine that the BRNA has attained the 2008 ozone NAAQS based on quality-assured monitoring data for the 3-year period from 2011–2013, and is continuing to attain the standard based on 2012–2014 and 2013–2015 data. Louisiana selected 2011 as the base year (i.e., attainment emissions inventory year) for developing a comprehensive emissions inventory for NOx and VOC, for which projected emissions could be developed for 2022 and 2027. The attainment inventory identifies a level of emissions in the Area that is sufficient to attain the 2008 ozone NAAQS. Louisiana began development of the attainment inventory by first generating a baseline emissions inventory for the State’s portion of the BRNA. The projected emission inventories have been estimated using projected rates of growth in population, traffic, economic activity, and other parameters. In addition to comparing the final year of the plan (2027) to the base year (2011), Louisiana compared an interim year to the baseline to demonstrate that this year is also expected to show continued maintenance of the 2008 ozone standard. The emissions inventory is composed of four major types of sources: nonroad, onroad, nonpoint and point. The complete descriptions of how the inventories were developed are discussed in the Appendix F and Appendix K of the May 2, 2016, submittal, which can be found in the docket for this action. The 2011 NOx and VOC emissions for the BRNA, as well as the emissions for other years, were developed consistent with EPA guidance and are summarized in Table 2 of the following subsection discussing the maintenance demonstration. c. Maintenance Demonstration The maintenance plan associated with the redesignation request includes a maintenance demonstration that: (i) Shows compliance with and maintenance of the 2008 ozone NAAQS by providing information to support the demonstration that current and future emissions of NOx and VOC remain at or below 2011 emissions levels. (ii) Uses 2011 as the attainment year and includes future emissions inventory projections for 2022 and 2027. (iii) Identifies an ‘‘out year’’ at least 10 years after the time necessary for EPA to review and approve the maintenance plan. Per 40 CFR part 93, NOx and VOC E:\FR\FM\04NOP1.SGM 04NOP1 76897 Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Proposed Rules MVEBs were established for 2022 and 2027 (see section VII below). (iv) Provides actual (2011) and projected emissions inventories, in tons per day (tpd), for the BRNA, as shown in Table 2, below. On July 5, 2016, we approved the BRNA 2011 Base Year Emissions Inventory (EI) for the 2008 8 Hour NAAQS. See 81 FR 43490. LDEQ developed projected EIs for the years 2022 and 2027 using the 2011 EI (Table 2). The projected emissions for 2022 and 2027 indicate that ozone precursor emissions in the BRNA will remain below those in the attainment year inventory for the duration of the maintenance plan. While LDEQ projected an increase in NOx and VOC emissions from the nonpoint source sector, they projected that the increases from this sector would be offset from reductions in the nonroad mobile and onroad mobile source sectors. LDEQ will compare emission inventory data submitted to the National Emission Inventory with the emission growth data submitted in the maintenance plan to ensure emission reductions (from all sources, collectively) continue the downward trend considering all emission sources. TABLE 2—SUMMARY OF 2011 AND FUTURE NOX AND VOC EMISSIONS (TPD) FOR THE BRNA 2011 2022 D 2011–2027 2027 Sector NOX VOC NOX VOC NOX VOC NOX VOC Nonpoint ....................................................................................... Nonroad ....................................................................................... Onroad ......................................................................................... Point ............................................................................................. 17.1 27.3 38.4 74.2 82.6 8.7 19.2 33.6 17.9 12.6 14.4 74.2 90.5 6.5 13.0 33.6 17.9 15.2 11.0 74.2 92.7 6.1 11.4 33.6 0.8 ¥12.1 ¥27.4 0.0 10.1 ¥2.6 ¥7.8 0.0 Total ...................................................................................... 157.0 144.0 119.0 143.5 118.2 143.6 ¥38.8 ¥0.4 d. Monitoring Network There currently are 8 monitors measuring ozone in the BRNA. The State of Louisiana, through LDEQ, has committed to continue operation of the monitors in the BRNA throughout the maintenance period in compliance with 40 CFR part 58. rmajette on DSK2TPTVN1PROD with PROPOSALS e. Verification of Continued Attainment The State of Louisiana, through LDEQ, has the legal authority to enforce and implement the maintenance plan for the BRNA. This includes the authority to adopt, implement, and enforce any subsequent emissions control contingency measures determined to be necessary to correct future ozone attainment problems. LDEQ will track the progress of the maintenance plan through continued ambient ozone monitoring in accordance with the requirements of 40 CFR part 58, and by performing future reviews of actual emissions from all sources in the area using the latest emissions factors, models, and methodologies. LDEQ will work with EPA to ensure that the air monitoring network continues to be effective and will quality assure the data according to Federal requirements as one way to verify continued attainment. Additionally, under the Air Emissions Reporting Requirements (AERR), LDEQ is required to develop a comprehensive, annual, statewide emissions inventory every three years that is due twelve to eighteen months after the completion of the inventory year. As noted above, LDEQ will compare emission inventory data submitted to the National Emission Inventory with the emission growth data VerDate Sep<11>2014 11:53 Nov 03, 2016 Jkt 241001 submitted in the maintenance plan to ensure emission reductions (from all sources, collectively) continue the downward trend. f. Contingency Measures in the Maintenance Plan Section 175A of the CAA requires that a maintenance plan include such contingency measures as EPA deems necessary to assure that the state will promptly correct a violation of the NAAQS that occurs after redesignation. The maintenance plan should identify the contingency measures to be adopted, a schedule and procedure for adoption and implementation, and a time limit for action by the state. A state should also identify specific indicators to be used to determine when the contingency measures need to be implemented. The contingency plan included in the submittal includes a triggering mechanism to determine when contingency measures are needed and a process of developing and implementing appropriate control measures. The trigger of the contingency plan will be a violation of the 2008 ozone NAAQS (i.e., when the three-year average of the 4th highest values is equal to or greater than 0.075 ppm at a monitor in the Area). Once a trigger is activated, the LDEQ has committed to adopt additional measures, if LDEQ determines that the violations are caused by sources within the State, and to implement the measures as expeditiously as practicable, but no later than 24 months following the trigger. The following contingency measures are identified for PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 possible implementation, but may not be limited to: • Extending the applicability of the state’s NOX control rule in LAC 33:III.2202 to include the months of April and October each year (currently Chapter 22 applies from May 1 to September 30). This would assist in reducing incidences of high ozone days in the BRNA. In addition, the state will consider other measures such as lowering the NOX emission factors of LAC 33:III.2205.D and/or requiring more stringent monitoring of elevated flares, as well as measures targeting the following: • Diesel retrofit/replacement initiatives; • Programs or incentives to decrease motor vehicle use; • Implementation of fuel programs, including incentives for alternative fuels; • Employer-based transportation management plans; • Anti-backsliding ordinances; and • Programs to limit or restrict vehicle use in areas of high emissions concentration during periods of peak use. Given the substantial amount of industrial emissions in the BRNA, and the fact the Area’s ozone problem is mostly driven by NOX emissions, these potential contingency measures would be appropriate for adequately correcting an attainment problem. EPA proposes to conclude that the maintenance plan adequately addresses the five basic components of a maintenance plan: the attainment emissions inventory, maintenance demonstration, monitoring, verification of continued attainment, and a E:\FR\FM\04NOP1.SGM 04NOP1 76898 Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Proposed Rules rmajette on DSK2TPTVN1PROD with PROPOSALS contingency plan. Therefore, EPA proposes that the maintenance plan SIP revision submitted by Louisiana for the BRNA meets the requirements of section 175A of the CAA and is approvable. VI. What is EPA’s analysis of louisiana’s proposed NOX and VOC MVEBs for the Baton Rouge Area? Under section 176(c) of the CAA, new transportation plans, programs, and projects, such as the construction of new highways, must ‘‘conform’’ to (i.e., be consistent with) the part of the state’s air quality plan that addresses pollution from cars and trucks. Conformity to the SIP means that transportation activities will not cause new air quality violations, worsen existing violations, or delay timely attainment of the NAAQS or any interim milestones. If a transportation plan does not conform, most new projects that would expand the capacity of roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA policy, criteria, and procedures for demonstrating and assuring conformity of such transportation activities to a SIP. The regional emissions analysis is one, but not the only, requirement for implementing transportation conformity. Transportation conformity is a requirement for nonattainment and maintenance areas. Maintenance areas are areas that were previously nonattainment for a particular NAAQS but have since been redesignated to attainment with an approved maintenance plan for that NAAQS. Under the CAA, states are required to submit, at various times, control strategy SIPs and maintenance plans for nonattainment areas. These control strategy SIPs, including maintenance plans, create MVEBs for criteria pollutants and/or their precursors to address pollution from cars and trucks. Per 40 CFR part 93, a MVEB must be established for the last year of the maintenance plan. A state may adopt MVEBs for other years as well. The MVEB is the portion of the total allowable emissions in the maintenance demonstration that is allocated to highway and transit vehicle use and emissions. See 40 CFR 93.101. The MVEB serves as a ceiling on emissions from an area’s planned transportation system. The MVEB concept is further explained in the preamble to the November 24, 1993, Transportation Conformity Rule (58 FR 62188). The preamble also describes how to establish the MVEB in the SIP and how to revise the MVEB. As part of the interagency consultation process on setting MVEBs, LDEQ held discussions to determine VerDate Sep<11>2014 11:53 Nov 03, 2016 Jkt 241001 what years to set MVEBs for the BRNA maintenance plan. According to the transportation conformity rule, a maintenance plan must establish MVEBs for the last year of the maintenance plan (in this case, 2027). See 40 CFR 93.118. Louisiana also provided MVEBs for 2022. Table 3 below provides the NOX and VOC MVEBs in tpd for 2022 and 2027, as reflected in Section 9, Tables 9.1 and 9.2 of the State’s submittal. TABLE 3—BATON ROUGE MVEBS [tpd] Year NOX 2022 .................................. 2027 .................................. VOC 14.37 10.95 13.19 11.55 Through this rulemaking, EPA is proposing to approve the MVEBs for NOX and VOC for 2022 and 2027 for the Baton Rouge Area because EPA believes that the Area maintains the 2008 ozone NAAQS with the emissions at the levels of the budgets. Once the MVEBs for the BRNA are approved, they must be used for future conformity determinations. VII. What is the status of EPA’s adequacy determination for the proposed NOX and VOC MVEBs for the BRNA? EPA found the BRNA MVEBs adequate for transportation conformity purposes effective July 14, 2016, see 81 FR 42350 (June 29, 2016). The MVEB must be used by state and Federal agencies in determining whether proposed transportation projects conform to the SIP as required by section 176(c) of the CAA. EPA’s substantive criteria for determining adequacy of a MVEB are set out in 40 CFR 93.118(e)(4). The process for determining adequacy consists of three basic steps: public notification of a SIP submission, a public comment period, and EPA’s adequacy determination. This process for determining the adequacy of submitted MVEBs for transportation conformity purposes was initially outlined in EPA’s May 14, 1999, guidance, ‘‘Conformity Guidance on Implementation of March 2, 1999, Conformity Court Decision.’’ EPA adopted regulations to codify the adequacy process in the Transportation Conformity Rule Amendments for the ‘‘New 8-Hour Ozone and PM2.5 National Ambient Air Quality Standards and Miscellaneous Revisions for Existing Areas; Transportation Conformity Rule Amendments—Response to Court Decision and Additional Rule Change,’’ on July 1, 2004 (69 FR 40004). Additional information on the adequacy PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 process for transportation conformity purposes is available in the proposed rule entitled, ‘‘Transportation Conformity Rule Amendments: Response to Court Decision and Additional Rule Changes,’’ 68 FR 38974, 38984 (June 30, 2003). VIII. What is the effect of EPA’s proposed actions? EPA’s proposed actions establish the basis upon which EPA may take final action on the issues being proposed for approval today. Approval of Louisiana’s redesignation request would change the legal designation of the BRNA as found at 40 CFR part 81, from nonattainment to attainment for the 2008 ozone NAAQS. Approval of Louisiana’s associated SIP revision would also incorporate a plan for maintaining the 2008 ozone NAAQS in the BRNA through 2027 into the SIP. This maintenance plan includes contingency measures to remedy any future violations of the 2008 ozone NAAQS and procedures for evaluation of potential violations. The maintenance plan also establishes NOx and VOC MVEBs for 2022 and 2027 for the Baton Rouge Area. The MVEBs are listed in Table 5 in section VI. Additionally, EPA is notifying the public of the status of EPA’s adequacy determination for the newly-established NOx and VOC MVEBs for 2022 and 2027 for the Baton Rouge Area. IX. Proposed Actions EPA is proposing three separate but related actions regarding the redesignation and maintenance of the 2008 ozone NAAQS for the BRNA. EPA is proposing to determine that the BRNA is attaining the 2008 ozone NAAQS. EPA is also proposing to approve the maintenance plan for the BRNA, including the NOX and VOC MVEBs for 2022 and 2027, into the Louisiana SIP (under CAA section 175A). The maintenance plan demonstrates that the Area will continue to maintain the 2008 ozone NAAQS through 2027 and that the budgets meet all of the adequacy criteria contained in 40 CFR 93.118(e)(4) and (5). Further, as part of today’s action, EPA is describing the status of its adequacy determination for the NOX and VOC MVEBs for 2022 and 2027 in accordance with 40 CFR 93.118(f)(2). Within 24 months from the effective date of EPA’s adequacy determination for the MVEBs or the publication date for the final rule for this action, whichever is earlier, the transportation partners will need to demonstrate conformity to the new NOX and VOC MVEBs pursuant to 40 CFR 93.104(e)(3). E:\FR\FM\04NOP1.SGM 04NOP1 Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Proposed Rules rmajette on DSK2TPTVN1PROD with PROPOSALS Additionally, EPA is proposing to determine that the BRNA has met the criteria under CAA section 107(d)(3)(E) for redesignation from nonattainment to attainment for the 2008 ozone NAAQS. On this basis, EPA is proposing to approve Louisiana’s redesignation request for the BRNA. If finalized, approval of the redesignation request would change the official designation of the portion of BRNA, as found at 40 CFR part 81, from nonattainment to attainment for the 2008 ozone NAAQS. X. Statutory and Executive Order Reviews Under the CAA, 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 CAA 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. See 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 CAA. Accordingly, these proposed actions merely propose to approve state law as meeting Federal requirements and do not impose additional requirements beyond those imposed by state law. For this reason, these proposed actions: • Are not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • 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 (Public Law 104–4); • do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); VerDate Sep<11>2014 11:53 Nov 03, 2016 Jkt 241001 • are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • are not significant regulatory actions 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 CAA; 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 the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. 40 CFR Part 81 Environmental protection, Air pollution control. Authority: 42 U.S.C. 7401 et seq. Dated: October 27, 2016. Samuel Coleman, Acting Regional Administrator, Region 6. [FR Doc. 2016–26584 Filed 11–3–16; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 76899 DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 494 [CMS–3334–P] RIN 0938–AS94 Medicare and Medicaid Programs; Fire Safety Requirements for Certain Dialysis Facilities Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Proposed rule. AGENCY: This proposed rule would update fire safety standards for Medicare and Medicaid participating ESRD facilities, adopt the 2012 edition of the Life Safety Code and eliminate references in our regulations to all earlier editions of the Life Safety Code and adopt the 2012 edition of the Health Care Facilities Code, with some exceptions. SUMMARY: To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on January 3, 2017. ADDRESSES: In commenting, please refer to file code CMS–3334–P. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission. You may submit comments in one of four ways (please choose only one of the ways listed): 1. Electronically. You may submit electronic comments on this regulation to https://www.regulations.gov. Follow the ‘‘Submit a comment’’ instructions. 2. By regular mail. You may mail written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–3334–P, P.O. Box 8010, Baltimore, MD 21244–8010. Please allow sufficient time for mailed comments to be received before the close of the comment period. 3. By express or overnight mail. You may send written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–3334–P, Mail Stop C4–26–05, 7500 Security Boulevard, Baltimore, MD 21244–1850. 4. By hand or courier. Alternatively, you may deliver (by hand or courier) your written comments ONLY to the following addresses prior to the close of the comment period: DATES: E:\FR\FM\04NOP1.SGM 04NOP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Proposed Rules]
[Pages 76891-76899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26584]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R06-OAR-2016-0293; FRL-9954-35-Region 6]

Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Louisiana; Redesignation of
Baton Rouge Nonattainment Area, 2008 8-Hour Ozone Nonattainment Area to
Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On May 2, 2016, the State of Louisiana submitted a request for
the Environmental Protection Agency (EPA) to redesignate the five-
parish Baton Rouge Nonattainment Area (BRNA or Area) for the 2008 8-
hour ozone National Ambient Air Quality Standards (NAAQS or standard)
to attainment and to approve a State Implementation Plan (SIP) revision
containing a maintenance plan for the area. EPA is proposing to
determine that the BRNA is continuing to attain the 2008 ozone NAAQS;
to approve into the SIP the State's plan for maintaining attainment of
the standard in the Area, including the motor vehicle emission budgets
(MVEBs) for nitrogen oxides (NOX) and volatile organic
compounds (VOC) for the years 2022 and 2027; and to redesignate the
BRNA to attainment for the standard.

DATES: Comments must be received on or before December 5, 2016.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2016-0293, at https://www.regulations.gov or via email to
jacques.wendy@epa.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact Wendy Jacques, (214) 665-
7395,

[[Page 76892]]

jacques.wendy@epa.gov. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the 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).

FOR FURTHER INFORMATION CONTACT: Wendy Jacques, (214) 665-7395,
jacques.wendy@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Ms. Jacques or Mr. Bill Deese at 214-665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'', or ``our'' is used, we mean the EPA.

I. What are EPA's proposed actions?

EPA is proposing to take the following three separate but related
actions, one of which involves multiple elements: (1) To determine that
the BRNA continues to attain the 2008 ozone NAAQS; \1\ (2) to approve
into the SIP, Louisiana's plan for maintaining the 2008 ozone NAAQS
(maintenance plan), including the associated MVEBs for the BRNA; and
(3) to redesignate the BRNA to attainment for the 2008 ozone NAAQS. EPA
is also notifying the public of the status of EPA's adequacy
determination for the MVEBs for the BRNA. The BRNA is comprised of five
parishes that make up the historical metropolitan statistical area:
Ascension, East Baton Rouge, Iberville, Livingston, and West Baton
Rouge. Today's proposed actions are summarized below and described in
greater detail throughout this notice of proposed rulemaking.
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\1\ On May 4, 2016, we determined that the BRNA had attained the
ozone NAAQS, by the applicable attainment date of July 20, 2015,
based on 2012-2014 monitoring data. See 81 FR 26697.
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EPA is proposing to approve Louisiana's maintenance plan for the
BRNA as meeting the requirements of section 175A [such approval being
one of the Clean Air Act (CAA or Act) criteria for redesignation to
attainment status]. The maintenance plan is designed to keep the BRNA
in attainment of the 2008 ozone NAAQS through 2027. The maintenance
plan includes 2022 and 2027 MVEBs for NOX and VOC for the
BRNA for transportation conformity purposes. EPA is proposing to
approve these MVEBs and incorporate them into the Louisiana SIP.
EPA also proposes to determine that the BRNA has met the
requirements for redesignation under section 107(d)(3)(E) of the CAA.
Accordingly, in this action, EPA is proposing to approve a request to
change the legal designation of the BRNA, as found at 40 CFR part 81,
from nonattainment to attainment for the 2008 ozone NAAQS.
EPA is also notifying the public of the status of EPA's adequacy
process for the 2022 and 2027 NOX and VOC MVEBs for the
BRNA. The Adequacy comment period began on May 6, 2016, with EPA's
posting of the availability of Louisiana's submissions on EPA's
Adequacy Web site (https://www3.epa.gov/otaq/stateresources/transconf/currsips.htm). The Adequacy comment period for these MVEBs closed on
June 6, 2016. No comments, adverse or otherwise, were received during
the Adequacy comment period. Please see section VII of this proposed
rulemaking for further explanation of this process and for more details
on the MVEBs.
In summary, today's notice of proposed rulemaking is in response to
Louisiana's May 2, 2016, redesignation request and associated SIP
submission that address the specific issues summarized above and the
necessary elements described in section 107(d)(3)(E) of the CAA for
redesignation of the BRNA to attainment for the 2008 ozone NAAQS.

II. What is the background for EPA's proposed actions?

On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under
EPA's regulations at 40 CFR part 50, the 2008 ozone NAAQS is attained
when the 3-year average of the annual fourth highest daily maximum 8-
hour average ambient air quality ozone concentrations is less than or
equal to 0.075 ppm. See 40 CFR 50.15. Ambient air quality monitoring
data for the 3-year period must meet a data completeness requirement.
The ambient air quality monitoring data completeness requirement is met
when the average percent of days with valid ambient monitoring data is
equal to or greater than 90 percent, and no single year has less than
75 percent data completeness as determined in Appendix P of part 50.
Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that is violating the NAAQS,
based on the three most recent years of complete, quality assured, and
certified ambient air quality data at the conclusion of the designation
process. The BRNA was designated nonattainment for the 2008 ozone NAAQS
on May 21, 2012 (effective July 20, 2012) using 2008-2010 ambient air
quality data. See 77 FR 30088 (May 21, 2012). At the time of
designation, the BRNA was classified as a marginal nonattainment area
for the 2008 ozone NAAQS. In the final implementation rule for the 2008
ozone NAAQS (SIP Implementation Rule),\2\ EPA established ozone
nonattainment area attainment dates based on Table 1 of section 181(a)
of the CAA. This rule established an attainment date three years after
the July 20, 2012, effective date of designation for areas classified
as marginal for the 2008 ozone nonattainment designations.\3\
Therefore, the BRNA's attainment date was July 20, 2015.
---------------------------------------------------------------------------

\2\ This rule, entitled Implementation of the 2008 National
Ambient Air Quality Standards for Ozone: State Implementation Plan
Requirements and published at 80 FR 12264 (March 6, 2015), addresses
a range of nonattainment area SIP requirements for the 2008 ozone
NAAQS, including requirements pertaining to attainment
demonstrations, reasonable further progress, RACT, reasonably
available control measures, major NSR, emission inventories, and the
timing of SIP submissions and of compliance with emission control
measures in the SIP. This rule also addresses the revocation of the
1997 ozone NAAQS and the anti-backsliding requirements that apply
when the 1997 ozone NAAQS are revoked.
\3\ The SIP Implementation Rule modified 40 CFR 51.1103 to
establish attainment dates that run from the effective date of
designation, i.e., July 20, 2012. This action was in response to the
D.C. Circuit's decision in NRDC v. EPA (D.C. Cir. No. 12-1321) (Dec.
23, 2014). The Court's decision held ``that the EPA's decision to
run the attainment periods from the end of the calendar year in
which areas were designated was unreasonable.'' 80 FR 12264, at
12268.
---------------------------------------------------------------------------

III. What are the criteria for redesignation?

The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation providing 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 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
section

[[Page 76893]]

175A; and, (5) the state containing such area has met all requirements
applicable to the area for purposes of redesignation under section 110
and part D of the CAA.
On April 16, 1992, EPA provided guidance on redesignation in the
General Preamble for the Implementation of title I of the CAA
Amendments of 1990 (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, Director, Technical Support Division,
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 (hereafter referred to as the
``Calcagni Memorandum'');
5. ``State Implementation Plan (SIP) Actions Submitted in Response
to Clean Air Act (CAA) 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 H. 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 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.

IV. Why is EPA proposing these actions?

On May 2, 2016, the State of Louisiana, through the Louisiana
Department of Environmental Quality (LDEQ), requested that EPA
redesignate the BRNA to attainment for the 2008 ozone NAAQS. EPA's
evaluation indicates that the entire BRNA has attained the 2008 ozone
NAAQS, and that the BRNA meets the requirements for redesignation as
set forth in section 107(d)(3)(E), including the maintenance plan
requirements under section 175A of the CAA. As a result, EPA is
proposing to take the three related actions summarized in section I of
this notice.

V. What is EPA's analysis of the request?

Our analysis of the State's request with respect to the five
redesignation criteria provided under CAA section 107(d)(3)(E) is
discussed in the following paragraphs of this section.
Criteria (1)--The BRNA has attained the 2008 ozone NAAQS.
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). For ozone, an area may be
considered to be attaining the 2008 ozone NAAQS if it meets the 2008
ozone NAAQS, as determined in accordance with 40 CFR 50.15 and Appendix
P of part 50, based on three complete, consecutive calendar years of
quality-assured air quality monitoring data. To attain the 2008 ozone
NAAQS, the 3-year average of the fourth-highest daily maximum average
ozone concentrations measured at each monitor within an area over each
year must not exceed 0.075 ppm. Based on the data handling and
reporting convention described in 40 CFR part 50, Appendix P, the 2008
ozone NAAQS are attained if the design value is 0.075 ppm or below. 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.
EPA is proposing to determine that the BRNA is continuing to attain
the 2008 ozone NAAQS. EPA reviewed ozone monitoring data from
monitoring stations in the BRNA for the 2008 8-hour ozone NAAQS for
2011-2015, and the design values for each monitor in the Area are less
than 0.075 ppm. These data have been quality-assured, are recorded in
AQS, and indicate that the Area is attaining the 2008 ozone NAAQS. The
fourth-highest 8-hour ozone values at each monitor for 2011, 2012,
2013, 2014, 2015, and the 3-year averages of these values (i.e., design
values), are summarized in Table 1, below.

Table 1--2011-2015 Design Value Concentrations for the BRNA
--------------------------------------------------------------------------------------------------------------------------------------------------------
4th Highest 8-hour ozone value (ppm) 3-Year design values (ppm)
Site -------------------------------------------------------------------------------------------------------
2011 2012 2013 2014 2015 2011-2013 2012-2014 2013-2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
Plaquemine...................................... 0.079 0.074 0.061 0.061 0.069 0.071 0.065 0.063
Carville........................................ 0.084 0.073 0.068 0.068 0.075 0.075 0.069 0.070
Dutchtown....................................... 0.080 0.071 0.062 0.069 0.074 0.071 0.067 0.068
LSU............................................. 0.083 0.075 0.067 0.075 0.073 0.075 0.072 0.071
Port Allen...................................... 0.074 0.070 0.060 0.066 0.066 0.068 0.065 0.064
Pride........................................... 0.075 0.070 0.062 0.068 0.062 0.069 0.066 0.064
French Settlement............................... 0.077 0.071 0.069 0.073 0.070 0.072 0.071 0.070
Capitol......................................... 0.080 0.072 0.066 0.070 0.069 0.072 0.069 0.068
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 76894]]

The 3-year design value for 2011-2013 for the BRNA is 0.075 ppm,\4\
which meets the 2008 ozone NAAQS. Further, quality assured data shows
the 2012-2014 design value for the BRNA has decreased to 0.072 ppm and
the 2013-2015 design value for the BRNA has decreased to 0.071 ppm. In
today's action, EPA is proposing to determine that the BRNA is
continuing to attain the 2008 ozone NAAQS. EPA will not take final
action to approve the redesignation if the 3-year design value exceeds
the NAAQS prior to EPA finalizing the redesignation. As discussed in
more detail below, the State of Louisiana has committed to continue
monitoring in this Area in accordance with 40 CFR part 58.
---------------------------------------------------------------------------

\4\ The monitor with the highest 3-year design value is
considered the design value for the BRNA.
---------------------------------------------------------------------------

Criteria (2)--Louisiana has a fully approved SIP under section
110(k) for the BRNA; and Criteria (5)--Louisiana has met all applicable
requirements under section 110 and part D of title I of the CAA.
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the state has met all applicable
requirements under section 110 and part D of title I of the CAA (CAA
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA
proposes to find that Louisiana has met all applicable SIP requirements
for the BRNA under section 110 of the CAA (general SIP requirements)
for purposes of redesignation. Additionally, EPA proposes to find that
the Louisiana SIP satisfies the criterion that it meets applicable SIP
requirements for purposes of redesignation under part D of title I of
the CAA in accordance with section 107(d)(3)(E)(v). Further, EPA
proposes to determine that the SIP is fully approved with respect to
all requirements applicable for purposes of redesignation in accordance
with section 107(d)(3)(E)(ii). In making these determinations, EPA
ascertained which requirements are applicable to the Area and, if
applicable, that they are fully approved under section 110(k). SIPs
must be fully approved only with respect to requirements that were
applicable prior to submittal of the 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).

a. The BRNA Has Met All Applicable Requirements Under Section 110 and
Part D of the CAA

General SIP requirements. General SIP elements and requirements are
delineated in section 110(a)(2) of title I, part A of the CAA. These
requirements include, but are not limited to, the following: Submittal
of a SIP that has been adopted by the state after reasonable public
notice and hearing; provisions for establishment and operation of
appropriate procedures needed to monitor ambient air quality;
implementation of a source permit program; provisions for the
implementation of part C requirements (Prevention of Significant
Deterioration (PSD)) and provisions for the implementation of part D
requirements (Nonattainment NSR permit programs); provisions for air
pollution modeling; and provisions for public and local agency
participation in planning and emission control rule development.
Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address the interstate
transport of air pollutants. The section 110(a)(2)(D) requirements for
a state are not linked with a particular nonattainment area's
designation and classification in that state. EPA believes that the
requirements linked with a particular nonattainment area's designation
and classifications are the relevant measures to evaluate in reviewing
a redesignation request. The transport SIP submittal requirements,
where applicable, continue to apply to a state regardless of the
designation of any one particular area in the state. Thus, EPA does not
believe that the CAA's interstate transport requirements should be
construed to be applicable requirements for purposes of redesignation.
See 75 FR 2091, January 14, 2010.
In addition, EPA believes other section 110 elements that are
neither connected with nonattainment plan submissions nor linked with
an area's attainment status are applicable requirements for purposes of
redesignation. The area will still be subject to these requirements
after the area is redesignated. The section 110 and part D requirements
that are linked with a particular area's designation and classification
are the relevant measures to evaluate in reviewing a redesignation
request. This approach is consistent with EPA's existing policy on
applicability (i.e., for redesignations) of conformity and oxygenated
fuels requirements, as well as with section 184 ozone transport
requirements. See Reading, Pennsylvania, proposed and final rulemakings
(61 FR 53174, October 10, 1996), (62 FR 24826, May 7, 1997); Cleveland-
Akron-Loraine, 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,
redesignation (65 FR 37890, June 19, 2000), and in the Pittsburgh,
Pennsylvania, redesignation (66 FR 50399, October 19, 2001).
Title I, Part D, applicable SIP requirements. Section 172(c) of the
CAA sets forth the basic requirements of attainment plans for
nonattainment areas that are required to submit them pursuant to
section 172(b). Subpart 2 of part D, which includes section 182 of the
CAA, establishes specific requirements for ozone nonattainment areas
depending on the area's nonattainment classification. As provided in
Subpart 2, the specific requirements of section 182(a) apply in lieu of
the demonstration of attainment (and contingency measures) required by
section 172(c). 42 U.S.C. 7511a(a). A thorough discussion of the
requirements contained in sections 172(c) and 182 can be found in the
General Preamble for Implementation of Title I (57 FR 13498, April 16,
1992).
Section 182(a) Requirements. Section 182(a)(1) requires states to
submit a comprehensive, accurate, and current inventory of actual
emissions from sources of VOC and NOX emitted within the
boundaries of the ozone nonattainment area. Louisiana provided an
emissions inventory for the BRNA to EPA in this SIP submission. On July
5, 2016, EPA published a direct final rule to approve this emissions
inventory into the SIP. See 81 FR 43490.
Under section 182(a)(2)(A), states with ozone nonattainment areas
that were designated prior to the enactment of the 1990 CAA amendments
were required to submit, within six months of classification, all rules
and corrections to existing VOC reasonably available control technology
(RACT) that were required under section 172(b)(3) of the CAA (and
related guidance) prior to the 1990 CAA amendments. The BRNA is subject
to the section 182(a)(2) RACT ``fix up'' and has been approved (59 FR
23166, May 5, 1994).
Section 182(a)(2)(B) requires each state with a marginal ozone
nonattainment area that implemented, or was required to implement, an
inspection and maintenance (I/M)

[[Page 76895]]

program prior to the 1990 CAA amendments to submit a SIP revision
providing for an I/M program no less stringent than that required prior
to the 1990 CAA amendments or already in the SIP at the time of the
amendments, whichever is more stringent. The BRNA is subject to the
section 182(a)(2)(B) and does have an approved I/M program (71 FR
66113, November 13, 2006).
Regarding the permitting and offset requirements of section
182(a)(2)(C) and section 182(a)(4), Louisiana does have an approved
part D NSR program in place (62 FR 52948, October 10, 1997). However,
EPA has determined that areas being redesignated need not comply with
the requirement that a NSR program be approved prior to redesignation,
provided that the area demonstrates maintenance of the NAAQS without
part D NSR, because PSD requirements will apply after redesignation. A
more detailed rationale for this view is described in a memorandum from
Mary Nichols, Assistant Administrator for Air and Radiation, dated
October 14, 1994, entitled, ``Part D New Source Review Requirements for
Areas Requesting Redesignation to Attainment.'' Louisiana's PSD program
will automatically become applicable in the BRNA upon redesignation to
attainment. See Louisiana Regulations Title 33, Part III, Chapter 5,
section 504 that is part of the SIP.
Section 182(a)(3) requires states to submit periodic inventories
and emissions statements. Section 182(a)(3)(A) requires states to
submit a periodic inventory every three years. As discussed below in
the section of this notice titled Criteria (4)(e), Verification of
Continued Attainment, the State will continue to update its emissions
inventory at least once every three years. Under section 182(a)(3)(B),
each state with an ozone nonattainment area must submit a SIP revision
requiring emissions statements to be submitted to the state by sources
within that nonattainment area. Louisiana provided a SIP revision to
EPA on March 3, 1993, addressing the section 182(a)(3)(B) emissions
statements requirement, and on January 6, 1995, EPA published a final
rule to approve this SIP revision. See 60 FR 2014.
Section 176 Conformity Requirements. Section 176(c) of the CAA
requires states to establish criteria and procedures to ensure that
federally supported or funded projects conform to the air quality
planning goals in the applicable SIP. The requirement to determine
conformity applies to transportation plans, programs, and projects that
are developed, funded, or approved under title 23 of the United States
Code and the Federal Transit Act (transportation conformity) as well as
to all other federally supported or funded projects (general
conformity). State transportation conformity SIP revisions must be
consistent with Federal conformity regulations relating to
consultation, enforcement, and enforceability that EPA promulgated
pursuant to its authority under the CAA.
EPA interprets the conformity SIP requirements \5\ as not applying
for purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and Federal conformity rules apply where state rules have not been
approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this
interpretation); see also 60 FR 62748 (December 7, 1995) (redesignation
of Tampa, Florida). Nonetheless, Louisiana has an approved conformity
SIP. See 71 FR 63247 (October 30, 2006). EPA proposes that the BRNA has
satisfied all applicable requirements for purposes of redesignation
under section 110 and part D of title I of the CAA.
---------------------------------------------------------------------------

\5\ CAA section 176(c)(4)(E) requires states to submit revisions
to their SIPs to reflect certain Federal criteria and procedures for
determining transportation conformity. Transportation conformity
SIPs are different from the MVEBs that are established in control
strategy SIPs and maintenance plans.
---------------------------------------------------------------------------

b. The BRNA has a fully approved applicable SIP under section
110(k) of the CAA.
EPA has fully approved the applicable Louisiana SIP for the BRNA
under section 110(k) of the CAA for all requirements applicable for
purposes of redesignation. EPA may rely on prior SIP approvals in
approving a redesignation request (see Calcagni Memorandum at p. 3;
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984,
989-90 (6th Cir. 1998); Wall, 265 F.3d 426) plus any additional
measures it may approve in conjunction with a redesignation action (see
68 FR 25426, May 12, 2003, and citations therein). Louisiana has
adopted and submitted, and EPA has fully approved at various times,
provisions addressing the various SIP elements applicable for the ozone
NAAQS. See e.g. 76 FR 74000, November 15, 2011.
As indicated above, EPA believes that the section 110 elements that
are neither connected with nonattainment plan submissions nor linked to
an area's nonattainment status are not applicable requirements for
purposes of redesignation. EPA has approved all part D requirements
applicable for purposes of this redesignation.
Criteria (3)--The air quality improvement in the BRNA is due to
permanent and enforceable reductions in emissions resulting from
implementation of the SIP and applicable Federal air pollution control
regulations and other permanent and enforceable reductions.
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the air quality improvement in the area
is due to permanent and enforceable reductions in emissions resulting
from implementation of the SIP, applicable Federal air pollution
control regulations, and other permanent and enforceable reductions
(CAA section 107(d)(3)(E)(iii)). EPA has preliminarily determined that
Louisiana has demonstrated that the observed air quality improvement in
the BRNA is due to permanent and enforceable reductions in emissions
resulting from Federal measures and from state measures adopted into
the SIP. EPA does not have any information to suggest that the decrease
in ozone concentrations in the BRNA is due to unusually favorable
meteorological conditions.
Federal measures enacted in recent years have resulted in permanent
emission reductions. Most of these emission reductions are enforceable
through regulations. The Federal measures that have been implemented
include the following:
Tier 2 vehicle and fuel standards. Implementation began in 2004 in
phases and requires all passenger vehicles in any manufacturer's fleet
to meet an average standard of 0.07 grams of NOX per mile.
In January 2006 the sulfur content of gasoline was required to be on
average 30 ppm which assists in lowering the NOX emissions
(65 FR 6698, February 10, 2000).\6\
---------------------------------------------------------------------------

\6\ Louisiana also identified Tier 3 Motor Vehicle Emissions and
Fuel Standards as a federal measure. EPA issued this rule in April
28, 2014, which applies to light duty passenger cars and trucks. EPA
promulgated this rule to reduce air pollution from new passenger
cars and trucks beginning in 2017. Tier 3 emission standards will
lower sulfur content of gasoline and lower the emissions standards.
---------------------------------------------------------------------------

Large non-road diesel engines rule. This rule was promulgated in
2004, and was phased in between 2008 through 2014 (69 FR 38958, June
29, 2004). This rule reduces the sulfur content in the nonroad diesel
fuel, and also reduces NOX, VOC, particulate matter, and
carbon monoxide emissions. These emission reductions are federally
enforceable. This rule applies to diesel engines used in industries,
such as

[[Page 76896]]

construction, agriculture, and mining. It is estimated that compliance
with this rule will cut NOX emissions from non-road diesel
engines by up to 90 percent nationwide.
Heavy-duty gasoline and diesel highway vehicle standards. EPA
issued this rule in January 2001 (66 FR 5002). This rule includes
standards limiting the sulfur content of diesel fuel, which went into
effect in 2004. A second phase of the rule took effect in 2007, which
further reduced the highway diesel fuel sulfur content to 15 ppm,
leading to additional reductions in combustion NOX and VOC
emissions. EPA expects that this rule will achieve a 95 percent
reduction in NOX emissions from diesel trucks and buses and
will reduce NOX emissions by 2.6 million tons by 2030 when
the heavy-duty vehicle fleet is completely replaced with newer heavy-
duty vehicles that comply with these emission standards.\7\
---------------------------------------------------------------------------

\7\ 66 FR 5002, 5012 (January 18, 2001).
---------------------------------------------------------------------------

Nonroad spark-ignition engines and recreational engines standards.
The nonroad spark-ignition and recreational engine standards, effective
in January 2003, regulate NOX, hydrocarbons, and carbon
monoxide from groups of previously unregulated nonroad engines (67 FR
68242, November 8, 2002). These engine standards apply to large spark-
ignition engines (e.g., forklifts and airport ground service
equipment), recreational vehicles (e.g., off-highway motorcycles and
all-terrain-vehicles), and recreational marine diesel engines sold in
the United States and imported after the effective date of these
standards. When all of the nonroad spark-ignition and recreational
engine standards are fully implemented, an overall 72 percent reduction
in hydrocarbons, 80 percent reduction in NOX, and 56 percent
reduction in carbon monoxide emissions are expected by 2020. These
controls reduce ambient concentrations of ozone, carbon monoxide, and
fine particulate matter.
National program for greenhouse gas (GHG) emissions and fuel
economy standards. The federal GHG and fuel economy standards apply to
light-duty cars and trucks in model years 2012-2016 (phase 1) (75 FR
25324, May 7, 2010) and 2017-2025 (phase 2) (proposed at 80 FR 40138,
July 13, 2015). The final standards are projected to result in an
average industry fleet-wide level of 163 grams/mile of carbon dioxide
which is equivalent to 54.5 miles per gallon if achieved exclusively
through fuel economy improvements. The fuel economy standards result in
less fuel being consumed, and therefore less NOX emissions
released.
Point Sources. In the submittal Louisiana noted their adoption of a
NOX control rule that was approved by EPA (76 FR 38977, July
5, 2011). Additionally, we note that RACT controls were implemented in
the area for the 1997 ozone NAAQS (76 FR 74000, November 30, 2011 and
76 FR 75467, December 2, 2011).
Criteria (4)--The BRNA has a fully approved maintenance plan
pursuant to section 175A of the CAA.
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has a fully approved
maintenance plan pursuant to section 175A of the CAA (CAA section
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the
BRNA to attainment for the 2008 ozone NAAQS, LDEQ submitted a SIP
revision to provide for the maintenance of the 2008 ozone NAAQS for at
least 10 years after the effective date of redesignation to attainment.
EPA believes that this maintenance plan meets the requirements for
approval under section 175A of the CAA.

a. What is required in a maintenance plan?

Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the 10
years following the initial 10-year period. To address the possibility
of future NAAQS violations, the maintenance plan must contain
contingency measures as necessary to assure prompt correction of any
future violations of the 2008 ozone NAAQS. The Calcagni Memorandum
provides further guidance on the content of a maintenance plan,
explaining that a maintenance plan should address five requirements:
The attainment emissions inventory, maintenance demonstration,
monitoring, verification of continued attainment, and a contingency
plan.\8\ As is discussed more fully below, EPA is proposing to
determine that Louisiana's maintenance plan includes all the necessary
components and is thus proposing to approve it as a revision to the
Louisiana SIP.
---------------------------------------------------------------------------

\8\ Procedures for Processing Requests to Redesignate Areas to
Attainment, Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992.
---------------------------------------------------------------------------

b. Attainment Emissions Inventory

EPA is proposing to determine that the BRNA has attained the 2008
ozone NAAQS based on quality-assured monitoring data for the 3-year
period from 2011-2013, and is continuing to attain the standard based
on 2012-2014 and 2013-2015 data. Louisiana selected 2011 as the base
year (i.e., attainment emissions inventory year) for developing a
comprehensive emissions inventory for NOx and VOC, for which projected
emissions could be developed for 2022 and 2027. The attainment
inventory identifies a level of emissions in the Area that is
sufficient to attain the 2008 ozone NAAQS. Louisiana began development
of the attainment inventory by first generating a baseline emissions
inventory for the State's portion of the BRNA. The projected emission
inventories have been estimated using projected rates of growth in
population, traffic, economic activity, and other parameters. In
addition to comparing the final year of the plan (2027) to the base
year (2011), Louisiana compared an interim year to the baseline to
demonstrate that this year is also expected to show continued
maintenance of the 2008 ozone standard.
The emissions inventory is composed of four major types of sources:
nonroad, onroad, nonpoint and point. The complete descriptions of how
the inventories were developed are discussed in the Appendix F and
Appendix K of the May 2, 2016, submittal, which can be found in the
docket for this action. The 2011 NOx and VOC emissions for the BRNA, as
well as the emissions for other years, were developed consistent with
EPA guidance and are summarized in Table 2 of the following subsection
discussing the maintenance demonstration.

c. Maintenance Demonstration

The maintenance plan associated with the redesignation request
includes a maintenance demonstration that:
(i) Shows compliance with and maintenance of the 2008 ozone NAAQS
by providing information to support the demonstration that current and
future emissions of NOx and VOC remain at or below 2011 emissions
levels.
(ii) Uses 2011 as the attainment year and includes future emissions
inventory projections for 2022 and 2027.
(iii) Identifies an ``out year'' at least 10 years after the time
necessary for EPA to review and approve the maintenance plan. Per 40
CFR part 93, NOx and VOC

[[Page 76897]]

MVEBs were established for 2022 and 2027 (see section VII below).
(iv) Provides actual (2011) and projected emissions inventories, in
tons per day (tpd), for the BRNA, as shown in Table 2, below.
On July 5, 2016, we approved the BRNA 2011 Base Year Emissions
Inventory (EI) for the 2008 8 Hour NAAQS. See 81 FR 43490. LDEQ
developed projected EIs for the years 2022 and 2027 using the 2011 EI
(Table 2). The projected emissions for 2022 and 2027 indicate that
ozone precursor emissions in the BRNA will remain below those in the
attainment year inventory for the duration of the maintenance plan.
While LDEQ projected an increase in NOx and VOC emissions from the
nonpoint source sector, they projected that the increases from this
sector would be offset from reductions in the nonroad mobile and onroad
mobile source sectors. LDEQ will compare emission inventory data
submitted to the National Emission Inventory with the emission growth
data submitted in the maintenance plan to ensure emission reductions
(from all sources, collectively) continue the downward trend
considering all emission sources.

Table 2--Summary of 2011 and Future NOX and VOC Emissions (tpd) for the BRNA
----------------------------------------------------------------------------------------------------------------
2011 2022 2027 [Delta] 2011-2027
Sector -------------------------------------------------------------------------
NOX VOC NOX VOC NOX VOC NOX VOC
----------------------------------------------------------------------------------------------------------------
Nonpoint.............................. 17.1 82.6 17.9 90.5 17.9 92.7 0.8 10.1
Nonroad............................... 27.3 8.7 12.6 6.5 15.2 6.1 -12.1 -2.6
Onroad................................ 38.4 19.2 14.4 13.0 11.0 11.4 -27.4 -7.8
Point................................. 74.2 33.6 74.2 33.6 74.2 33.6 0.0 0.0
-------------------------------------------------------------------------
Total............................. 157.0 144.0 119.0 143.5 118.2 143.6 -38.8 -0.4
----------------------------------------------------------------------------------------------------------------

d. Monitoring Network

There currently are 8 monitors measuring ozone in the BRNA. The
State of Louisiana, through LDEQ, has committed to continue operation
of the monitors in the BRNA throughout the maintenance period in
compliance with 40 CFR part 58.

e. Verification of Continued Attainment

The State of Louisiana, through LDEQ, has the legal authority to
enforce and implement the maintenance plan for the BRNA. This includes
the authority to adopt, implement, and enforce any subsequent emissions
control contingency measures determined to be necessary to correct
future ozone attainment problems.
LDEQ will track the progress of the maintenance plan through
continued ambient ozone monitoring in accordance with the requirements
of 40 CFR part 58, and by performing future reviews of actual emissions
from all sources in the area using the latest emissions factors,
models, and methodologies. LDEQ will work with EPA to ensure that the
air monitoring network continues to be effective and will quality
assure the data according to Federal requirements as one way to verify
continued attainment.
Additionally, under the Air Emissions Reporting Requirements
(AERR), LDEQ is required to develop a comprehensive, annual, statewide
emissions inventory every three years that is due twelve to eighteen
months after the completion of the inventory year. As noted above, LDEQ
will compare emission inventory data submitted to the National Emission
Inventory with the emission growth data submitted in the maintenance
plan to ensure emission reductions (from all sources, collectively)
continue the downward trend.

f. Contingency Measures in the Maintenance Plan

Section 175A of the CAA requires that a maintenance plan include
such contingency measures as EPA deems necessary to assure that the
state will promptly correct a violation of the NAAQS that occurs after
redesignation. The maintenance plan should identify the contingency
measures to be adopted, a schedule and procedure for adoption and
implementation, and a time limit for action by the state. A state
should also identify specific indicators to be used to determine when
the contingency measures need to be implemented.
The contingency plan included in the submittal includes a
triggering mechanism to determine when contingency measures are needed
and a process of developing and implementing appropriate control
measures. The trigger of the contingency plan will be a violation of
the 2008 ozone NAAQS (i.e., when the three-year average of the 4th
highest values is equal to or greater than 0.075 ppm at a monitor in
the Area).
Once a trigger is activated, the LDEQ has committed to adopt
additional measures, if LDEQ determines that the violations are caused
by sources within the State, and to implement the measures as
expeditiously as practicable, but no later than 24 months following the
trigger. The following contingency measures are identified for possible
implementation, but may not be limited to:
Extending the applicability of the state's NOX
control rule in LAC 33:III.2202 to include the months of April and
October each year (currently Chapter 22 applies from May 1 to September
30). This would assist in reducing incidences of high ozone days in the
BRNA. In addition, the state will consider other measures such as
lowering the NOX emission factors of LAC 33:III.2205.D and/
or requiring more stringent monitoring of elevated flares, as well as
measures targeting the following:
Diesel retrofit/replacement initiatives;
Programs or incentives to decrease motor vehicle use;
Implementation of fuel programs, including incentives for
alternative fuels;
Employer-based transportation management plans;
Anti-backsliding ordinances; and
Programs to limit or restrict vehicle use in areas of high
emissions concentration during periods of peak use.
Given the substantial amount of industrial emissions in the BRNA,
and the fact the Area's ozone problem is mostly driven by
NOX emissions, these potential contingency measures would be
appropriate for adequately correcting an attainment problem.
EPA proposes to conclude that the maintenance plan adequately
addresses the five basic components of a maintenance plan: the
attainment emissions inventory, maintenance demonstration, monitoring,
verification of continued attainment, and a

[[Page 76898]]

contingency plan. Therefore, EPA proposes that the maintenance plan SIP
revision submitted by Louisiana for the BRNA meets the requirements of
section 175A of the CAA and is approvable.

VI. What is EPA's analysis of louisiana's proposed NOX and
VOC MVEBs for the Baton Rouge Area?

Under section 176(c) of the CAA, new transportation plans,
programs, and projects, such as the construction of new highways, must
``conform'' to (i.e., be consistent with) the part of the state's air
quality plan that addresses pollution from cars and trucks. Conformity
to the SIP means that transportation activities will not cause new air
quality violations, worsen existing violations, or delay timely
attainment of the NAAQS or any interim milestones. If a transportation
plan does not conform, most new projects that would expand the capacity
of roadways cannot go forward. Regulations at 40 CFR part 93 set forth
EPA policy, criteria, and procedures for demonstrating and assuring
conformity of such transportation activities to a SIP. The regional
emissions analysis is one, but not the only, requirement for
implementing transportation conformity. Transportation conformity is a
requirement for nonattainment and maintenance areas. Maintenance areas
are areas that were previously nonattainment for a particular NAAQS but
have since been redesignated to attainment with an approved maintenance
plan for that NAAQS.
Under the CAA, states are required to submit, at various times,
control strategy SIPs and maintenance plans for nonattainment areas.
These control strategy SIPs, including maintenance plans, create MVEBs
for criteria pollutants and/or their precursors to address pollution
from cars and trucks. Per 40 CFR part 93, a MVEB must be established
for the last year of the maintenance plan. A state may adopt MVEBs for
other years as well. The MVEB is the portion of the total allowable
emissions in the maintenance demonstration that is allocated to highway
and transit vehicle use and emissions. See 40 CFR 93.101. The MVEB
serves as a ceiling on emissions from an area's planned transportation
system. The MVEB concept is further explained in the preamble to the
November 24, 1993, Transportation Conformity Rule (58 FR 62188). The
preamble also describes how to establish the MVEB in the SIP and how to
revise the MVEB.
As part of the interagency consultation process on setting MVEBs,
LDEQ held discussions to determine what years to set MVEBs for the BRNA
maintenance plan. According to the transportation conformity rule, a
maintenance plan must establish MVEBs for the last year of the
maintenance plan (in this case, 2027). See 40 CFR 93.118. Louisiana
also provided MVEBs for 2022. Table 3 below provides the NOX
and VOC MVEBs in tpd for 2022 and 2027, as reflected in Section 9,
Tables 9.1 and 9.2 of the State's submittal.

Table 3--Baton Rouge MVEBs
[tpd]
------------------------------------------------------------------------
Year NOX VOC
------------------------------------------------------------------------
2022.................................................. 14.37 13.19
2027.................................................. 10.95 11.55
------------------------------------------------------------------------

Through this rulemaking, EPA is proposing to approve the MVEBs for
NOX and VOC for 2022 and 2027 for the Baton Rouge Area
because EPA believes that the Area maintains the 2008 ozone NAAQS with
the emissions at the levels of the budgets. Once the MVEBs for the BRNA
are approved, they must be used for future conformity determinations.

VII. What is the status of EPA's adequacy determination for the
proposed NOX and VOC MVEBs for the BRNA?

EPA found the BRNA MVEBs adequate for transportation conformity
purposes effective July 14, 2016, see 81 FR 42350 (June 29, 2016). The
MVEB must be used by state and Federal agencies in determining whether
proposed transportation projects conform to the SIP as required by
section 176(c) of the CAA.
EPA's substantive criteria for determining adequacy of a MVEB are
set out in 40 CFR 93.118(e)(4). The process for determining adequacy
consists of three basic steps: public notification of a SIP submission,
a public comment period, and EPA's adequacy determination. This process
for determining the adequacy of submitted MVEBs for transportation
conformity purposes was initially outlined in EPA's May 14, 1999,
guidance, ``Conformity Guidance on Implementation of March 2, 1999,
Conformity Court Decision.'' EPA adopted regulations to codify the
adequacy process in the Transportation Conformity Rule Amendments for
the ``New 8-Hour Ozone and PM2.5 National Ambient Air
Quality Standards and Miscellaneous Revisions for Existing Areas;
Transportation Conformity Rule Amendments--Response to Court Decision
and Additional Rule Change,'' on July 1, 2004 (69 FR 40004). Additional
information on the adequacy process for transportation conformity
purposes is available in the proposed rule entitled, ``Transportation
Conformity Rule Amendments: Response to Court Decision and Additional
Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).

VIII. What is the effect of EPA's proposed actions?

EPA's proposed actions establish the basis upon which EPA may take
final action on the issues being proposed for approval today. Approval
of Louisiana's redesignation request would change the legal designation
of the BRNA as found at 40 CFR part 81, from nonattainment to
attainment for the 2008 ozone NAAQS. Approval of Louisiana's associated
SIP revision would also incorporate a plan for maintaining the 2008
ozone NAAQS in the BRNA through 2027 into the SIP. This maintenance
plan includes contingency measures to remedy any future violations of
the 2008 ozone NAAQS and procedures for evaluation of potential
violations. The maintenance plan also establishes NOx and VOC MVEBs for
2022 and 2027 for the Baton Rouge Area. The MVEBs are listed in Table 5
in section VI. Additionally, EPA is notifying the public of the status
of EPA's adequacy determination for the newly-established NOx and VOC
MVEBs for 2022 and 2027 for the Baton Rouge Area.

IX. Proposed Actions

EPA is proposing three separate but related actions regarding the
redesignation and maintenance of the 2008 ozone NAAQS for the BRNA. EPA
is proposing to determine that the BRNA is attaining the 2008 ozone
NAAQS. EPA is also proposing to approve the maintenance plan for the
BRNA, including the NOX and VOC MVEBs for 2022 and 2027,
into the Louisiana SIP (under CAA section 175A). The maintenance plan
demonstrates that the Area will continue to maintain the 2008 ozone
NAAQS through 2027 and that the budgets meet all of the adequacy
criteria contained in 40 CFR 93.118(e)(4) and (5). Further, as part of
today's action, EPA is describing the status of its adequacy
determination for the NOX and VOC MVEBs for 2022 and 2027 in
accordance with 40 CFR 93.118(f)(2). Within 24 months from the
effective date of EPA's adequacy determination for the MVEBs or the
publication date for the final rule for this action, whichever is
earlier, the transportation partners will need to demonstrate
conformity to the new NOX and VOC MVEBs pursuant to 40 CFR
93.104(e)(3).

[[Page 76899]]

Additionally, EPA is proposing to determine that the BRNA has met
the criteria under CAA section 107(d)(3)(E) for redesignation from
nonattainment to attainment for the 2008 ozone NAAQS. On this basis,
EPA is proposing to approve Louisiana's redesignation request for the
BRNA. If finalized, approval of the redesignation request would change
the official designation of the portion of BRNA, as found at 40 CFR
part 81, from nonattainment to attainment for the 2008 ozone NAAQS.

X. Statutory and Executive Order Reviews

Under the CAA, 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 CAA 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. See 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 CAA.
Accordingly, these proposed actions merely propose to approve state law
as meeting Federal requirements and do not impose additional
requirements beyond those imposed by state law. For this reason, these
proposed actions:
Are not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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 (Public Law 104-4);
do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
are not significant regulatory actions 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 CAA; 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 the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

Environmental protection, Air pollution control.

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

Dated: October 27, 2016.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2016-26584 Filed 11-3-16; 8:45 am]
BILLING CODE 6560-50-P

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