[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Rules and Regulations]
[Pages 48880-48882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16476]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R06-OAR-2005-LA-0001; FRL -7955-7]
Approval and Promulgation of Air Quality Implementation Plans;
Louisiana; Attainment Demonstration for the Shreveport-Bossier City
Early Action Compact Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is approving revisions to the State Implementation
Plan (SIP) submitted by the Louisiana Department of Environmental
Quality (LDEQ) on December 28, 2004. The revisions will incorporate the
Shreveport-Bossier City Metropolitan Statistical Area (MSA) Early
Action Compact (EAC) Air Quality Improvement Plan (AQIP) into the
Louisiana SIP. EPA is approving the photochemical modeling in support
of the attainment and maintenance demonstration for the 8-hour ozone
standard within the Shreveport-Bossier City EAC area and is approving
the associated control measures. These actions strengthen the SIP in
accordance with the requirements of sections 110 and 116 of the Federal
Clean Air Act (the Act) and will result in emission reductions needed
to ensure continued attainment and maintenance of the 8-hour National
Ambient Air Quality Standard (NAAQS) for ozone.
DATES: This final rule is effective on September 21, 2005.
ADDRESSES: EPA has established a docket for this action under Regional
Materials in EDocket (RME) ID No. R06-OAR-2005-LA-0001. All documents
in the docket are listed in the RME index at http://docket.epa.gov/rmepub/; once in the system, select ``quick search,'' then type in the
appropriate RME docket identification number. Although listed in the
index, some information is not publicly available, i.e., confidential
business information or other information the disclosure of which is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in RME or in hard copy at the Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 FOIA
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays
except for legal holidays. Contact the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below, or Mr. Bill Deese at 214-665-7253,
to make an appointment. If possible, please make the appointment at
least two working days in advance of your visit. There will be a 15
cents per page fee for making photocopies of documents. On the day of
the visit, please check in at the EPA Region 6 reception area at 1445
Ross Avenue, Suite 700, Dallas, Texas.
The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
Louisiana Department of Environmental Quality, Air Quality
Division, 7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810.
FOR FURTHER INFORMATION CONTACT: Carrie Paige, Air Planning Section
(6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733,
telephone (214) 665-6521, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``our,'' and ``us'' is used, we mean EPA.
Outline
I. Background
II. What Action Is EPA Taking?
III. What Comments Did EPA Receive on the May 12, 2005 Proposed
Rulemaking for the Shreveport-Bossier City EAC Area?
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
On May 12, 2005, EPA proposed approval of the Shreveport-Bossier
City EAC area's Air Quality Improvement Plan (AQIP), the photochemical
modeling in support of the attainment and maintenance demonstration and
related control measures as revisions to the SIP submitted to EPA by
the State of Louisiana. The photochemical modeling predicts that the 8-
hour ozone standard should continue to be attained through December 31,
2007 and maintained through 2012. The proposal provides a detailed
description of these revisions and the rationale for EPA's proposed
actions, together with a discussion of the opportunity to comment. The
public comment period for these actions closed on June 13, 2005. See
the Technical Support Document or our proposed rulemaking at 70 FR
25000 for more information. Two comment letters were received on EPA's
proposed approval of the Shreveport-Bossier City EAC area's AQIP and 8-
hour ozone attainment demonstration for the EAC area.
II. What Action Is EPA Taking?
Today we are approving revisions to the Louisiana SIP under
sections 110 and 116 of the Act. The revisions demonstrate continued
attainment and maintenance of the 8-hour ozone standard within the
Shreveport-Bossier City EAC area. The revisions include the Shreveport-
Bossier City EAC AQIP, photochemical modeling and related control
measures. The intent of the SIP revisions is to reduce ozone pollution
and thereby maintain the 8-hour ozone standard.
III. What Comments Did EPA Receive on the May 12, 2005 Proposed
Rulemaking for Shreveport-Bossier City?
We received two comment letters on the May 12, 2005 proposed
rulemaking for Shreveport-Bossier City. The comments provided both
supportive and adverse discourse.
Comment: One letter supports EPA's approval of the EAC SIP
revisions and one letter commends the State of Louisiana for steps it
has taken to improve air quality.
Response: We appreciate the support expressed towards the State of
Louisiana and towards the efforts made to ensure that the citizens in
the Shreveport-Bossier City EAC area continue to breathe clean air. We
continue to believe that the EAC program, as designed, gives the
Shreveport-Bossier City area the flexibility to develop their own
approach to maintaining the 8-hour ozone standard and believe the
Shreveport-Bossier City area is serious in their commitment to control
emissions from local sources. By involving diverse stakeholders,
including representatives from industry, local and State governments,
and local environmental and citizen groups, the Shreveport-Bossier City
area is implementing regional cooperation in solving air quality
problems that affect the health and welfare of its citizens. Through
implementation of the AQIP, people living in the Shreveport-Bossier
City area will realize reductions in pollution levels and enjoy the
health benefits of cleaner air sooner than might otherwise occur.
Comment: One letter opposes approval of the SIP revision. The
letter contends that, should the area experience a violation of the 8-
hour ozone standard, the SIP revision (1)
[[Page 48881]]
provides for the deferment of the area's nonattainment designation to
as late as December 31, 2007, and (2) relieves the area of its
obligations under Title I, Subpart D of the Act. The letter further
contends that EPA does not have the legal authority to defer the
effective date of an area's nonattainment designation nor to relieve
areas of the obligations of Part D of Title I of the Act when areas are
violating the standard and designated nonattainment.
Response: In the April 2004 designation rule (69 FR 23858), the
Shreveport-Bossier City EAC area was designated as attainment for the
8-hour ozone NAAQS. The commenter incorrectly asserts that approval of
this SIP revision provides for deferment of the designation of the area
as nonattainment should the area experience a violation of the 8-hour
ozone standard. Nor does EPA's approval of this SIP alter the
applicability of the redesignation provision of the Act should the
Shreveport-Bossier City EAC area experience a violation of the 8-hour
ozone NAAQS in the future. Section 107(d)(3)(A) provides that EPA may
redesignate an area ``on the basis of air quality data, planning and
control considerations, or any other air quality-related
considerations.'' Should the Shreveport-Bossier City EAC area
experience a violation of the 8-hour ozone NAAQS in the future, EPA
would consider these statutory factors in determining whether to
redesignate the area to nonattainment for the 8-hour ozone NAAQS.
Finally, approval of this SIP does not relieve the Shreveport-Bossier
City EAC area of the requirements of Part D of Title I of the Act.
These provisions apply to areas designated nonattainment. Because the
Shreveport-Bossier City EAC area is designated attainment for the 8-
hour ozone NAAQS, these provisions do not apply in the Shreveport-
Bossier City EAC area.
IV. Final Action
EPA is approving the attainment and maintenance demonstration, the
Shreveport-Bossier City EAC AQIP, and the related control measures and
incorporating these revisions into the Louisiana SIP. We have
determined that the control measures included in the attainment
demonstration are quantified, surplus, permanent, and are Federally
enforceable once approved into the SIP. The modeling of ozone and ozone
precursor emissions from sources in the Shreveport-Bossier City EAC
area demonstrate that the specified control strategies will provide for
continued attainment of the 8-hour ozone NAAQS by December 31, 2007 and
maintenance of that standard through 2012. We have reviewed the AQIP
and the attainment and maintenance demonstration and determined that
they are consistent with the requirements of the Act, EPA's policy, and
the EAC protocol.
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason and because this action will not have a significant, adverse
effect on the supply, distribution, or use of energy, this action is
also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001). This 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 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
approves 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 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
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 action also does not have Federalism
implications because it does 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). This action 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 rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions under the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note), 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
Advancement Act of 1995 do not apply. This 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.).
The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 21, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
[[Page 48882]]
relations, Nitrogen dioxides, Ozone, Reporting and recordkeeping
requirements, Volatile Organic Compounds.
Dated: August 12, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart T--Louisiana
0
2. The second table in Sec. 52.970(e) entitled ``EPA approved
Louisiana nonregulatory provisions and quasi-regulatory measures'' is
amended by adding a new entry, immediately following the last entry in
the table, to read as follows:
Sec. 52.970 Identification of plan.
* * * * *
(e) * * *
EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
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Applicable State
Name of SIP provision geographic or submittal date/ EPA approval date Explanation
nonattainment area effective date
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* * * * * * *
Air Quality Improvement Plan, 8- Bossier, Caddo and 12/28/2004 8/22/05 [Insert FR
hour ozone standard attainment Webster Parishes, page number where
demonstration and associated LA. document begins].
control measures for the
Shreveport-Bossier City EAC
area.
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[FR Doc. 05-16476 Filed 8-19-05; 8:45 am]
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