[Federal Register Volume 66, Number 90 (Wednesday, May 9, 2001)]
[Proposed Rules]
[Pages 23646-23652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11563]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[FRL-6975-9]
Clean Air Act Reclassification and Notice of Potential
Eligibility for Extension of Attainment Date, Louisiana; Baton Rouge
Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA proposes to find that the Baton Rouge serious ozone
nonattainment area (hereinafter referred to as the Baton Rouge area)
has failed to attain the one-hour ozone National Ambient Air Quality
Standard (NAAQS) by November 15, 1999, the date set forth in the Clean
Air Act (CAA or Act) for serious nonattainment areas. If EPA takes
final action on this proposed finding, the area would be reclassified
as a severe ozone nonattainment area.
Alternatively, EPA is also issuing a notice of the Baton Rouge
area's potential eligibility for an attainment date extension, pursuant
to EPA's ``Guidance on Extension of Attainment Dates for Downwind
Transport Areas'' (hereinafter referred to as the extension policy)
(Richard D. Wilson, Acting Assistant Administrator for Air and
Radiation) issued July 16, 1998. The extension policy provides that a
nonattainment area, such as the Baton Rouge area, may be eligible for
an attainment date extension if it meets certain conditions. The
extension policy applies where pollution from upwind areas interferes
with the ability of a downwind area to demonstrate attainment with the
one-hour ozone standard by the dates prescribed in the Act. Louisiana
is working to comply with the conditions for receiving an extension. If
Louisiana makes a submittal in response to the extension policy, we
will address the adequacy of the submittal in a subsequent supplemental
proposal. If the submittal meets the criteria for an extension, the
attainment date for the Baton Rouge area will be extended, and the area
will not be reclassified. We do not intend to take final action on
reclassification of the Baton Rouge area prior to allowing Louisiana an
opportunity to qualify for an attainment date extension under the
extension policy.
DATES: Comments must be received on or before June 8, 2001.
ADDRESSES: All comments should be addressed to Mr. Thomas H. Diggs,
Chief, Air Planning Section, Environmental Protection Agency, Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
Copies of the Baton Rouge area monitored air quality data analyses,
guidance on extension of attainment dates in downwind transport areas,
State submittal requesting consideration for an attainment date
extension, and other relevant documents used in support of this
proposal are contained in the docket file, which is available at the
following addresses for inspection during normal business hours: U.S.
Environmental Protection Agency Region 6, Air Planning Section, 1445
Ross Avenue, Suite 700, Dallas, Texas 75202; Louisiana Department of
Environmental Quality, 7920 Bluebonnet Boulevard, Baton Rouge,
Louisiana 70884. Please contact the appropriate office at least 24
hours in advance.
FOR FURTHER INFORMATION CONTACT: Ms. Jeanne Schulze, Air Planning
Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733, telephone (214) 665-7254.
SUPPLEMENTARY INFORMATION: The use of ``we,'' ``us,'' or ``our'' in
this document refers to EPA.
Table of Contents
I. What action are we taking today?
II. What are the National Ambient Air Quality Standards?
III. What is the NAAQS for ozone?
IV. What is the Baton Rouge ozone nonattainment area?
V. Why is the Baton Rouge area currently classified as a serious
nonattainment area?
VI. Why are we proposing to reclassify the Baton Rouge area?
VII. Has air quality improved in the Baton Rouge area in recent
years?
VIII. What would a reclassification mean for the Baton Rouge area?
IX. Can an extension of the serious area attainment date be granted
for the Baton Rouge area?
[[Page 23647]]
X. What is EPA's policy regarding extension of attainment dates for
downwind transport areas?
XI. Is the Baton Rouge area eligible for an attainment date
extension under the extension policy?
XII. What progress has Louisiana made to meet the extension policy
so that an attainment date extension can be granted?
XIII. What actions has Louisiana taken to improve air quality in the
Baton Rouge area?
XIV. If we finalize our proposed rulemaking reclassifying the Baton
Rouge area, what would be the Baton Rouge area's new classification?
XV. If the Baton Rouge area is reclassified to severe, what would
its new schedule be?
XVI. When will we make a final decision whether to reclassify or
grant an extension to the Baton Rouge area?
XVII. Administrative requirements.
I. What Action Are We Taking Today?
We are proposing to find that the Baton Rouge area has failed to
attain the one-hour ozone NAAQS by the November 15, 1999, attainment
deadline prescribed under the CAA for serious ozone nonattainment
areas. EPA's authority to make this finding is discussed under section
181(b)(2) of the CAA. Section 181(b)(2) explains the process for
determining whether an area has attained the one-hour ozone standard
and reclassification of the area if necessary. If we finalize this
finding, the Baton Rouge area will be reclassified by operation of law
from serious nonattainment to severe nonattainment.
Alternatively, we are considering an extension of the Baton Rouge
area's attainment date, provided that Louisiana submits, by August 31,
2001, a State Implementation Plan (SIP) that qualifies for an extension
pursuant to EPA's extension policy. If the State meets the extension
policy criteria and we propose to approve the State's submittal, then a
specific extended attainment date will be proposed in the same notice.
We will take final action on the new attainment date at the time we
take final action on the submittal. However, if Louisiana's SIP
submittal fails to meet the criteria of the extension policy, we will
finalize this proposed finding of failure to attain, and the Baton
Rouge area will be reclassified to a severe ozone nonattainment
area.\1\
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\1\ On November 22, 2000, the Louisiana Environmental Action
Network (LEAN) filed a complaint in the United States District Court
for the Middle District of Louisiana regarding the attainment status
and classification of the Baton Rouge area. If EPA needs to take any
action as a result of this litigation, we will publish further
notice in the Federal Register.
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II. What Are the National Ambient Air Quality Standards?
Since the CAA's inception in 1970, EPA has set NAAQS for six common
pollutants: carbon monoxide, lead, nitrogen dioxide, ozone, particulate
matter, and sulfur dioxide. For most of these common air pollutants,
there are two types of pollution limits referred to as the primary and
secondary standards.\2\ The primary standard is based on health
effects; the secondary standard is based on environmental effects such
as damage to property, plants, and visibility. The CAA requires these
standards to be set at levels that protect public health and welfare
with an adequate margin of safety. These standards present state and
local governments with the air quality levels they must meet to achieve
clean air. Also, these standards allow the American people to assess
whether the air quality in their communities is healthful.
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\2\ EPA has established only a primary standard for carbon
monoxide.
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III. What Is the NAAQS for Ozone?
The NAAQS for ozone is expressed in two forms which are referred to
as the one-hour and eight-hour standards. Table 1 summarizes the ozone
standards.
Table 1.--Summary of Ozone Standards
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Value (parts
Standard per million) Type Method of compliance
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1-hour................................ 0.12 Primary and secondary.... Must not be exceeded, on
average, more than one day
per year over any 3-year
period.
8-hour................................ 0.08 Primary and secondary.... The 3-year average of the
annual fourth-highest maxima
8-hour average ozone
concentrations measured at
secondary each monitor
within an area.
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The 1-hour ozone standard of 0.12 ppm has existed since 1979. On
July 18, 1997, EPA adopted the 8-hour ozone standard, which was
intended to replace the one-hour standard in areas that were attaining
the one-hour standard, (62 FR 38856).\3\ The one-hour ozone standard
continues to apply to all areas, notwithstanding promulgation of the 8-
hour standard (40 CFR Sec. 50.9(b)). This document addresses the
classification of the Baton Rouge area relative to the one-hour ozone
standard.
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\3\ EPA revoked the one-hour standard in areas that were
attaining the standard on June 5, 1998 (63 FR 31051). However, on
May 14, 1999, the U.S. Court of Appeals for the District of Columbia
Circuit ruled that the 8-hour ozone standard could not be enforced
by EPA. Although the Court of Appeals determined that the 8-hour
standard could not be enforced, it did not vacate the standard.
Hence, the 8-hour standard remained in effect. While appealing this
decision to the United States Supreme Court, EPA reinstated the one-
hour standard in areas where it had been revoked. (65 FR 45181,
dated July 20, 2000). On February 27, 2001, the Supreme Court upheld
the 8-hour standard and instructed EPA to develop an implementation
plan for the 8 hour standard that is consistent with the Supreme
Court's opinion. Whitman v. American Trucking Assoc., Inc., 531 U.S.
____ (2001), Nos. 99-1257 and 99-1426.
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IV. What Is the Baton Rouge Ozone Nonattainment Area?
The Baton Rouge serious ozone nonattainment area, located in
southern Louisiana, consists of East Baton Rouge, West Baton Rouge,
Ascension, Iberville, and Livingston Parishes.
V. Why Is the Baton Rouge Area Currently Classified as a Serious
Nonattainment Area?
Under section 107(d)(1)(C) of the CAA, each ozone area designated
nonattainment for the one-hour standard prior to enactment of the 1990
CAA amendments, such as the Baton Rouge area, was designated
nonattainment by operation of law upon enactment of the amendments.
Under section 181(a) of the Act, each ozone area designated
nonattainment under section 107(d) was also classified by operation of
law as ``marginal,'' ``moderate,'' ``serious,'' ``severe,'' or
``extreme,'' depending on the severity of the area's air quality
problem. The design value for an area, which characterizes the severity
of the air quality problem, is represented by the highest design value
at any individual
[[Page 23648]]
ozone monitoring site (i.e., the highest of the fourth highest one-hour
daily maximum monitored ozone levels in a given three-year period with
complete monitoring data). Table 2 provides the design value ranges for
each nonattainment classification. Ozone nonattainment areas with
design values between 0.160 and 0.180 ppm, such as the Baton Rouge area
(which had a design value of 0.164 ppm in 1989), were classified as
serious. These nonattainment designations and classifications were
codified in 40 CFR Part 81 (see 56 FR 56694, November 6, 1991).
Table 2.--Ozone Nonattainment Classifications
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Design value
Area class (ppm) Attainment date
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Marginal.................... 0.121 up to November 15, 1993.
0.138.
Moderate.................... 0.138 up to November 15, 1996.
0.160.
Serious..................... 0.160 up to November 15, 1999.
0.180.
Severe...................... 0.180 up to November 15, 2005.
0.280.
Extreme..................... 0.280 and above November 15, 2010.
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In addition, states containing areas that were classified as
serious nonattainment were required to submit SIPs to provide for
certain controls, to show progress toward attainment, and to provide
for attainment as expeditiously as practicable, but not later than
November 15, 1999. Serious area SIP requirements are found primarily in
section 182(c) of the CAA.
VI. Why Are We Proposing To Reclassify the Baton Rouge Area?
Regarding reclassification for failure to attain, section
181(b)(2)(A) of the Act provides that:
Within 6 months following the applicable attainment date (including
any extension thereof) for an ozone nonattainment area, the
Administrator shall determine, based on the area's design value (as of
the attainment date) whether the area attained the standard by that
date. Except for any Severe or Extreme area, any area that the
Administrator finds has not attained the standard by that date shall be
reclassified by operation of law in accordance with table 1 of
subsection (a) to the higher of--
(i) The next higher classification for the area, or
(ii) The classification applicable to the area's design value as
determined at the time of the notice required under subparagraph (B).
No area shall be reclassified as Extreme under clause (ii).
Furthermore, section 181(b)(2)(B) of the Act provides that:
The Administrator shall publish a notice in the Federal Register
no later than 6 months following the attainment date, identifying
each area that the Administrator has determined under subparagraph
(A) as having failed to attain and identifying the reclassification,
if any, described under subparagraph (A).
Table 3 lists the average number of days when ambient ozone
concentrations exceeded the one-hour ozone standard at each monitoring
site in the Baton Rouge area for the period 1997-1999. The ozone design
value for each monitor is also listed for the same period. A complete
listing of the ozone exceedances for each monitoring site, as well as
EPA's calculations of the design values, can be found in the docket
file. The data in Table 3 show that, for 1997-1999, two monitoring
sites in the Baton Rouge area averaged more than one exceedance day per
year. Therefore, pursuant to section 181(b)(2)(B) of the CAA, we
propose to find that the Baton Rouge area did not attain the one-hour
standard by the November 15, 1999, deadline.
Table 3.--Air Quality Data for the Baton Rouge Area (1997-1999)
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Number of Average number
Number of days expected days of expected Site design
Site over standard over standard exceedance value (ppm)
(1997-1999) (1997-1999) days per year
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Site (Parish):
Pride (East Baton Rouge).................... 1 1.1 0.4 0.116
Baker (East Baton Rouge).................... 3 3.0 1.0 0.123
Capitol (East Baton Rouge).................. 3 3.1 1.0 0.122
LSU (East Baton Rouge)...................... 4 a 4.1 a 1.4 b 0.126
Carville (Iberville)........................ 2 2.0 0.7 0.120
Plaquemine (Iberville)...................... 2 2.0 0.7 0.120
Grosse Tete (Iberville)..................... 5 a 5.3 a 1.8 b 0.126
Port Allen (West Baton Rouge)............... 3 3.0 1.0 0.119
Dutchtown (Ascension)....................... 3 3.0 1.0 0.123
French Settlement (Livingston).............. 3 3.0 1.0 0.123
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a A violation occurs when the number of expected exceedances is greater than 3.1 over a 3-year (rolling) period
(or a 3-year (rolling) average greater than 1.04). The statistical term ``expected exceedances'' is an
arithmetic average explained at 40 CFR Part 50, Appendix H.
b Represents the 1997-1999 design value for the Baton Rouge area.
Raw data source: U.S. EPA Aerometric Information Retrieval System (AIRS) database.
As discussed later in this document, because the EPA interprets the
CAA to allow for an extension of the attainment date based on EPA's
findings on the effects of ozone transport, we believe it is fair to
allow Louisiana an opportunity to apply and qualify for an attainment
date extension before we finalize our finding and the area is
reclassified.
This proposal details the following reasons which support our
decision to proceed in this manner:
1. EPA has concluded that this is the best way to reconcile the
Act's
[[Page 23649]]
requirements under section 110(a)(2)(D)(i)(I) as applied to ozone
transport with the attainment dates and graduated control scheme in
sections 181 and 182 of the Act. EPA's extension policy represents a
reasonable effort to avoid thwarting Congressional intent that upwind
areas be responsible for preventing interference with timely downwind
attainment and that downwind areas not be unfairly burdened. The Act
shows Congressional intent that transport be considered when EPA acts
to reclassify an area and a reluctance to subject an area to more
burdensome controls than necessary to bring local sources into
compliance.
2. Louisiana has submitted analyses indicating that Baton Rouge may
be affected by ozone transport from an upwind area.
3. Based on current monitored air quality, if the Baton Rouge area
was newly designated ozone nonattainment today, it would be classified
as a marginal nonattainment area. However, if the area were to be
reclassified, it would be required to impose the controls which are
normally demanded only for an area with severe levels of air pollution.
4. By a letter from the Governor, dated May 10, 2000, Louisiana has
committed to submit by August 31, 2001, a SIP that meets the criteria
of the extension policy.
Furthermore, in this proposal, our recognition that the area should
be given an opportunity to qualify for an extension is balanced by our
action in moving forward with the process of reclassification in the
event that the state is unsuccessful in demonstrating that it can
satisfy the criteria for an extension.
VII. Has Air Quality Improved in the Baton Rouge Area in Recent
Years?
The air quality in the Baton Rouge area has improved significantly
since the area was designated nonattainment following enactment of the
1990 CAA amendments, when the area's (1987-1989) ozone design value was
0.164 ppm. The most recent (i.e. 1997-1999) areawide ozone design
values had shown a continued downward trend measuring 0.139, 0.127, and
0.126 ppm, respectively \4\--very closely approaching the one-hour
NAAQS design value of 0.124 ppm. However, based on exceedances
registered in the Baton Rouge area in 2000, the area's preliminary
(1998-2000) ozone design value has now risen to 0.135 ppm.\5\
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\4\ A listing of the ozone exceedances (1995-1999) and 3-year
design values (95-97, 96-98, 98-00) by monitoring site can be found
in the docket file for this proposed rulemaking.
\5\ A listing of the preliminary ozone exceedances and design
values can be found in the docket file for this proposed rulemaking.
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VIII. What Would a Reclassification Mean for the Baton Rouge Area?
If reclassified, the Baton Rouge area would need to attain the one-
hour ozone NAAQS as expeditiously as practicable, but no later than
November 15, 2005. Louisiana would also need to submit SIP revisions
addressing the severe area requirements for the one-hour standard in
section 182(d) of the Act. The requirements for severe ozone
nonattainment areas include, but are not limited to, the following:
1. Attainment and reasonable further progress demonstrations.
2. A 25 ton-per-year major source threshold for volatile organic
compounds.
3. More stringent new source review requirements.
4. Enforceable transportation control strategies and measures to
offset projected growth in vehicle miles traveled or number of vehicle
trips.
5. Contingency provisions.
6. A plan for assessing fees to major stationary sources in the
event the Baton Rouge area fails to meet the severe attainment date.
7. On-road mobile emissions budget for transportation conformity
purposes.
IX. Can an Extension of the Serious Area Attainment Date Be Granted
for the Baton Rouge Area?
The attainment date specified in the Act for serious nonattainment
areas, such as Baton Rouge, is November 15, 1999. Two separate
mechanisms exist for an area to obtain an extension of this date.
First, pursuant to section 181(a)(5) of the CAA, the state may request,
and EPA may grant, up to two one-year attainment date extensions. EPA
may grant an extension if: (1) The state has complied with the
requirements and commitments pertaining to the applicable
implementation plan for the area, and (2) the area has measured no more
than one exceedance of the ozone standard at any monitoring site in the
nonattainment area in the year in which attainment is required.
As indicated in Table 4, one or fewer actual exceedances occurred
at any given monitoring site in the area in 1999. However, because a
significant amount of air quality data was invalidated due to
malfunctioning equipment at the Grosse Tete site in 1999,\6\ the number
of expected exceedances for that monitor in 1999 was greater than 1.04
(i.e., 1.3). Louisiana did not submit a request for a one-year
extension of the attainment date under section 181(a)(5) of the CAA
based on these 1999 monitoring results.
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\6\ ``Review of the Grosse Tete Ozone Monitor and Data in
Iberville Parish: May 12, 1999--August 6, 1999,'' U.S. EPA Region 6,
Multimedia Planning and Permitting Division, final report dated June
29, 2000.
Table 4.--Ozone Exceedances in the Baton Rouge Area (1999)
------------------------------------------------------------------------
Number of
Number of days expected days
Site over standard over standard
(1999) (1999)
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Site (Parish):
Pride (East Baton Rouge)............ 0 0.0
Baker (East Baton Rouge)............ 1 1.0
Capitol (East Baton Rouge).......... 0 0.0
LSU (East Baton Rouge).............. 0 0.0
Carville (Iberville)................ 0 0.0
Plaquemine (Iberville).............. 1 1.0
Grosse Tete (Iberville)............. 1 1.3
Port Allen (West Baton Rouge)....... 1 1.0
Dutchtown (Ascension)............... 0 0.0
French Settlement (Livingston)...... 0 0.0
------------------------------------------------------------------------
Raw data source: U.S. EPA Aerometric Information Retrieval System
(AIRS) database.
[[Page 23650]]
Instead, Louisiana is seeking an extension of its attainment date
under the second mechanism for obtaining an extension of the attainment
date: EPA's extension policy for areas which are affected by downwind
transport of ozone and ozone precursors. This extension policy
reconciles section 181(b)(2) with other provisions of the CAA to
authorize attainment date extensions for downwind transport areas that
can make appropriate showings. The section that follows discusses the
extension policy in detail.
X. What Is EPA's Policy Regarding Extension of Attainment Dates for
Downwind Transport Areas?
A number of areas in the country that have been classified as
``moderate'' or ``serious'' are affected by pollutants that have
traveled downwind from other areas. For these downwind areas, transport
of pollutants from upwind areas has interfered with their ability to
meet the ozone standard by the dates prescribed by the Act. As a
result, many of these areas, such as Baton Rouge, find themselves
facing the prospect of being reclassified, or ``bumped up'' to a higher
classification for failing to meet the ozone standard by the specified
date.
In consideration of these factors and the realization that many
areas are unable to meet the mandated attainment dates due to transport
\7\, on July 16, 1998, EPA issued a policy memorandum entitled,
``Guidance on Extension of Air Quality Attainment Dates for Downwind
Transport Areas.'' This policy outlines the criteria by which the
attainment date for an area may be extended.
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\7\ Through a two-year effort known as the Ozone Transport
Assessment Group (OTAG), the EPA worked in partnership with the 37
easternmost states and the District of Columbia, industry
representatives, academia, and environmental groups to develop
recommended strategies to address transport of ozone-forming
pollutants across state boundaries.
On November 7, 1997, the EPA acted on OTAG's recommendations and
issued a proposal (the proposed NOX SIP call, 62 FR
60318) requiring 22 states and the District of Columbia to submit
SIPs addressing the regional transport of ozone. These SIPs will
decrease the transport of ozone across state boundaries in the
eastern half of the United States by reducing emissions of nitrogen
oxides (a precursor to ozone formation known as NOX). The
EPA took final action on the NOX SIP call on October 27,
1998 (63 FR 57356). The EPA expects the final NOX SIP
call will assist many areas in attaining the one-hour ozone
standard. Louisiana was a member of the OTAG, but was not included
in the NOX SIP call.
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The extension policy offers an opportunity for Louisiana to request
an extension of the attainment date for the Baton Rouge area. This
policy draws on other provisions of the Act (beyond CAA section
181(a)(5)) to authorize attainment date extensions for downwind
transport areas.
Under the policy, EPA may extend the attainment date for an area
that: (1) Has been identified as a downwind area affected by transport
from either an upwind area in the same state with a later attainment
date or an upwind area in another state that significantly contributes
to downwind nonattainment (by ``affected by transport,'' EPA means an
area whose air quality is affected by transport from an upwind area to
a degree that affects the area's ability to attain); (2) has submitted
an approvable attainment demonstration with any necessary, adopted
local measures and with an attainment date that shows that it will
attain the one-hour standard no later than the date that the reductions
are expected from upwind areas under the final NOX SIP call
and/or the statutory attainment date for upwind nonattainment areas,
i.e., assuming the boundary conditions reflecting those upwind
reductions; (3) has adopted all applicable local measures required
under the area's current classification and any additional measures
necessary to demonstrate attainment, assuming the reductions occur as
required in the upwind areas; and (4) has provided that it will
implement all adopted measures as expeditiously as practicable, but not
later than the date by which the upwind reductions needed for
attainment will be achieved.
XI. Is the Baton Rouge Area Eligible for an Attainment Date
Extension Under the Extension Policy?
It is premature to say whether or not the Baton Rouge area will
qualify for an attainment date extension under the extension policy. We
believe that the area may be affected by upwind transport. However,
before the Baton Rouge area can qualify for an attainment date
extension under the extension policy, all the criteria specified in the
policy must be met.
On May 10, 2000, the Governor of Louisiana submitted a letter to
EPA committing to meet the requirements of the extension policy by
August 31, 2001.\8\ (The Governor's commitment letter and EPA's
response to the letter are included in the docket for this proposed
rulemaking.) The steps we believe Louisiana will need to take in order
for us to consider extending the Baton Rouge area attainment date under
the extension policy include:
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\8\ To support the Governor's request that EPA consider an
attainment date extension for the Baton Rouge area based on
transported air pollution, the Louisiana Department of Environmental
Quality (LDEQ) submitted to EPA a report entitled, ``Assessment of
the Contribution of Emissions from the Houston Area to Ozone
Concentrations in the Five-Parish Baton Rouge Nonattainment Area,''
dated May 3, 2000, indicating that pollution transported from Texas
may have impeded attainment of the 1-hour ozone standard in Baton
Rouge. A copy of this report can be found in the docket for this
proposed rulemaking.
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1. Demonstrate that the Baton Rouge area's air quality is affected
by transport from (a) an upwind area in Louisiana with a later
attainment date, or (b) an upwind area in another State, which
significantly contributes to Baton Rouge's continued ozone
nonattainment.
2. Submit to EPA an approvable attainment demonstration by August
31, 2001. This demonstration must show that the Baton Rouge area will
attain as expeditiously as practicable, but no later than the
attainment date of the upwind area.
3. Submit any additional local control measures needed for
expeditious attainment. Any additional measures must be adopted prior
to August 31, 2001.
4. Submit proof that all applicable local control measures required
under the serious classification have been adopted. As part of this
demonstration, Louisiana's August 31, 2001 SIP submittal must include
at least the following:
(a) Any changes to Louisiana's Nonattainment New Source Review
program necessary to ensure that the State's rules meet EPA's
nonattainment new source review requirements.
(b) Contingency measures that meet the requirements of section
182(c)(9) of the Act.\9\
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\9\ On July 2, 1999, EPA issued final approval of Louisiana's
revised SIP for the Baton Rouge area, which contained a contingency
measures plan using Emission Reductions Credits (``ERCs'') held in
escrow in Louisiana's ERC ``bank'' (64 FR 35930). On August 30,
1999, LEAN, the North Baton Rouge Environmental Association, Save
Our Lakes and Ducks, and the Southern University Environmental Law
Society filed a petition for review in the United States Court of
Appeals for the Fifth Circuit challenging EPA's July 2, 1999 SIP
approval. In response to the litigation, EPA performed a preliminary
investigation and became concerned that Louisiana's application of
its ERC banking rule might not be consistent with EPA regulations
and guidance. As a result, EPA requested a partial voluntary remand
to reconsider its July 2, 1999 final approval of Louisiana's
contingency measures plan for the Baton Rouge area. On October 19,
2000, the Fifth Circuit Court of Appeals granted a Joint Motion for
a Partial Voluntary Remand in Louisiana Environmental Action
Network, et al. v. United States Environmental Protection Agency,
No. 99-60570 (5th Cir.). EPA expects to propose further action and/
or rulemaking to address Louisiana's contingency measures plan
before taking further action on this notice.
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(c) Any revisions to the vehicle inspection and maintenance (I/M)
program necessary to meet the applicable federal I/M program
requirements. Any such changes must be adopted prior to August 31,
2001.
[[Page 23651]]
5. Provide that all newly adopted control measures will be
implemented as expeditiously as practicable. All measures must be
implemented no later than the date that the upwind reductions needed
for attainment will be achieved.
We contemplate that, when we act to approve such an area's
attainment demonstration, we will, as necessary, extend that area's
attainment date to the date appropriate for that area in light of the
schedule for achieving the necessary upwind reductions. The area would
no longer be subject to reclassification or ``bump-up'' for failure to
attain by its original attainment date under section 181(b)(2).
XII. What Progress Has Louisiana Made To Meet the Extension Policy
So That an Attainment Date Extension Can Be Granted?
A local task force comprised of stakeholders has been formed and is
working closely with the LDEQ to develop a submittal that meets the
requirements of the extension policy. Modeling efforts are well
underway, and the State has solicited public input on numerous
potential control measures.
XIII. What Actions Has Louisiana Taken To Improve Air Quality in
the Baton Rouge Area?
EPA has approved, and Louisiana has implemented, VOC emission
reductions as part of the State's 15 Percent Rate-of-Progress Plan (see
61 FR 54737, dated October 22, 1996), and Post-1996 Rate-of-Progress
Plan (see 64 FR 35390, dated July 2, 1999). In addition, Louisiana is
in the process of implementing a low enhanced vehicle inspection and
maintenance program in the Baton Rouge area, which should further
reduce VOC emissions. EPA has proposed to conditionally approve the I/M
program (see 63 FR 71807, dated December 30, 1998).
XIV. If We Finalize Our Proposed Rulemaking Reclassifying the Baton
Rouge Area, What Would Be the Area's New Classification?
As stated previously, section 181(b)(2)(A) of the Act requires
that, when an area is reclassified for failure to attain, its
reclassification must be the higher of the next higher classification
or the classification applicable to the area's ozone design value at
the time the notice of reclassification is published in the Federal
Register. The official design value of the Baton Rouge area at the time
of the proposed finding of failure to attain is based on quality-
assured ozone monitoring data from 1997-1999. This design value is
0.126 ppm, and the classification of ``marginal'' nonattainment would
be applicable to it. By contrast, the next higher classification for
the Baton Rouge area is ``severe'' nonattainment. Since ``severe'' is a
higher nonattainment classification than ``marginal,'' under the
statutory scheme, the area would be reclassified to severe
nonattainment. Refer to Table 3 above.
XV. If the Baton Rouge Area Is Reclassified to Severe, What Would
Its New Schedule Be?
If the Baton Rouge area is reclassified, Louisiana would be
required to submit a SIP that adopts the severe area requirements.
Under section 181(a)(1) of the Act, the new attainment deadline for
serious areas reclassified to severe under section 181(b)(2) would be
as expeditious as practicable, but no later than the date applicable to
the new classification, i.e., November 15, 2005.
If we reclassify the Baton Rouge area, we must also address the
schedule by which Louisiana will be required to submit a SIP revision
meeting the severe area requirements. We propose to have Louisiana
submit this SIP within one year after a final action on the
reclassification is taken. If the submission shows that the area can
attain the one-hour ozone NAAQS sooner than the attainment date
established in the final reclassification notice, we would adjust the
attainment date to reflect the earlier date, consistent with the
requirement in section 181(a)(1) that the NAAQS be attained as
expeditiously as practicable. We solicit comments on this proposed
schedule.
XVI. When Will We Make a Final Decision Whether To Reclassify or
Grant an Extension to the Baton Rouge Area?
We will review Louisiana's proposed SIP submittal during the
State's public comment period. We expect to receive the SIP submittal
by August 31, 2001 and will publish thereafter a document in the
Federal Register to address the approvability of the SIP submittal and
the Baton Rouge area's eligibility for a extension of its attainment
date pursuant to the extension policy. If we propose approval, we would
also propose to extend the attainment date for the Baton Rouge area to
an appropriate expeditious date. However, if Louisiana fails to meet
the requirements of the extension policy by August 31, 2001, we will
finalize the finding of failure to attain, and the Baton Rouge area
will be reclassified to severe ozone nonattainment.
XVII. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. This proposed action merely approves state law as meeting
federal requirements and imposes no additional requirements beyond
those imposed by state law. Accordingly, the Administrator certifies
that this proposed rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et. seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
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). This rule also does not have a substantial
direct effect on one or more Indian tribes, on the relationship between
the Federal government and Indian tribes, or on the distribution of
power and responsibilities between the Federal government and Indian
Tribes, as specified by Executive Order 13175 (65 FR 67249, November 9,
2000). This proposed rule will not have substantial direct effects on
the States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it merely approves a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This proposed rule also is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and
[[Page 23652]]
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. The proposed
rule does not include environmental justice related issues that require
consideration under Executive Order 12898 (59 FR 7629, February 16,
1994). As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this proposed rule, EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct. The EPA has complied with Executive Order 12630 (53 FR 8859,
March 15, 1988) by examining the takings implications of the rule in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. This proposed rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 19, 2001.
Jerry Clifford,
Acting Regional Administrator, Region 6.
[FR Doc. 01-11563 Filed 5-8-01; 8:45 am]
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