[Federal Register Volume 72, Number 214 (Tuesday, November 6, 2007)]
[Rules and Regulations]
[Pages 62579-62585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21687]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2006-0271; FRL-8491-4]
Approval and Promulgation of Air Quality Implementation Plans;
Louisiana; Approval of 8-Hour Ozone Section 110(a)(1) Maintenance Plans
for the Parishes of Beauregard, Grant, and St. Mary
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the Louisiana State
Implementation Plan (SIP) concerning the 8-hour ozone maintenance plans
for the parishes of Beauregard, Grant, and St. Mary. On August 23,
2006, the State of Louisiana submitted separate SIP revisions
containing 8-hour ozone maintenance plans for Beauregard and Grant
Parishes, and on October 10, 2006, Louisiana submitted an 8-hour ozone
maintenance plan for St. Mary Parish. These plans ensure the continued
attainment of the 8-hour ozone National Ambient Air Quality Standard
(NAAQS) through the year 2014. These maintenance plans meet the
statutory and regulatory requirements, and are consistent with EPA's
guidance. EPA is approving the revisions pursuant to section 110 of the
Federal Clean Air Act (CAA).
DATES: This rule is effective on January 7, 2008 without further
notice, unless EPA receives relevant adverse comment by December 6,
2007. If EPA receives such comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2006-0271, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
E-mail: Mr. Guy Donaldson at [email protected]. Please
also send a copy by email to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-0271. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information
[[Page 62580]]
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or e-mail. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov 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 cent 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, Public Records
Center, Room 127, 602 N. Fifth Street, Baton Rouge, Louisiana 70821.
FOR FURTHER INFORMATION CONTACT: Ellen Belk, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite
700, Dallas, Texas 75202-2733, telephone (214) 665-2164; fax number
214-665-7263; e-mail address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we''
``us'' or ``our'' is used, we mean the EPA.
Outline
I. Background
II. Analysis of the State's Submittals
III. The State of Louisiana's Request To Relax the Federal Reid
Vapor Pressure Standard in Grant Parish
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
Under section 107 of the 1977 CAA, Louisiana's Beauregard, Grant,
and St. Mary Parishes were designated as nonattainment areas because
they did not meet the National Ambient Air Quality Standards (NAAQS)
for 1-hour ozone (40 CFR 81.319). As required by section 110 of the
CAA, the state of Louisiana submitted a SIP to EPA on December 10,
1979. This SIP was approved by EPA on October 29, 1981 (46 FR 53412).
Under the 1990 CAA Amendments, the Beauregard, Grant, and St. Mary
Parish nonattainment areas continued to be designated nonattainment for
the 1-hour ozone NAAQS by operation of law since Louisiana had not yet
collected the required three years of data necessary to petition for
redesignation to attainment.
On December 12, 1994, Louisiana submitted a request to redesignate
Beauregard, Grant, and St. Mary Parishes to attainment for the 1-hour
ozone standard. At the same time, the State submitted the required
ozone monitoring data and maintenance plan for each parish (each area
includes only the one Parish) to ensure the areas would remain in
attainment for 1-hour ozone for a period of 10 years. The maintenance
plans submitted by Louisiana followed EPA guidance for limited
maintenance areas, which provides for 1-hour ozone areas that have
design values less than 85% of the applicable standard. In this case,
the applicable standard was the 1-hour ozone standard of 0.12 parts per
million (ppm). At the time of the redesignation request, the design
values for Beauregard, Grant, and St. Mary Parishes were 0.106, 0.071,
and 0.092 ppm, respectively. Since each of these values was at or below
the 85% threshold of 0.106 ppm, EPA approved Louisiana's requests to
redesignate Beauregard, Grant, and St. Mary Parishes to attainment for
the 1-hour ozone standard and approved the Parishes' maintenance plans,
on August 18, 1995 (60 FR 43020), with an effective date of October 17,
1995.
On April 30, 2004, EPA designated and classified areas for the new
8-hour ozone NAAQS (69 FR 23858), and published the final phase 1 rule
for implementation of the 8-hour ozone NAAQS (69 FR 23951). Beauregard,
Grant, and St. Mary Parishes were designated as unclassifiable/
attainment for the 8-hour ozone standard, effective June 15, 2004. The
three attainment areas consequently are required to submit a 10-year
maintenance plan under section 110(a)(1) of the CAA and the Phase I
rule. On May 20, 2005, EPA issued guidance providing information
regarding how a state might fulfill the maintenance plan obligation
established by the Act and the Phase I rule (Memorandum from Lydia N.
Wegman to Air Division Directors, Maintenance Plan Guidance Document
for Certain 8-hour Ozone Areas Under Section 110(a)(1) of Clean Air
Act, May 20, 2005). This SIP revision satisfies the section 110(a)(1)
CAA requirements for a plan that provides for implementation,
maintenance, and enforcement of the 8-hour ozone NAAQS in the
Beauregard, Grant, and St. Mary Parish 8-hour ozone unclassifiable/
attainment areas.
On December 22, 2006, the United States Court of Appeals for the
District of Columbia Circuit issued an opinion that vacated EPA's Phase
1 Implementation Rule for the 8-hour Ozone Standard. (South Coast Air
Quality Management District. v. EPA, 472 F.3d 882 (D.C. Cir. 2006).
Petitions for rehearing were filed with the Court, and on June 8, 2007,
the Court modified the scope of the vacatur of the Phase I rule. The
Court vacated those portions of the Rule that provide for regulation of
8-hour ozone nonattainment areas under Subpart 1 in lieu of Subpart 2
and that allow backsliding with respect to new source review,
penalties, milestones, contingency plans, and motor vehicle emission
budgets. Consequently, the Court's modified ruling does not alter any
requirements under the Phase 1 8-hour ozone implementation rule for
maintenance plans.
II. Analysis of the State's Submittals
On August 23, 2006, the State of Louisiana submitted separate SIP
revisions containing 8-hour ozone maintenance plans for Beauregard and
Grant Parishes, and on October 10, 2006, Louisiana submitted an 8-hour
[[Page 62581]]
ozone maintenance plan for St. Mary Parish. (The August 23, 2006
submittal for Grant Parish superseded a previous one dated March 2006,
and included substantive changes to the contingency plan section. The
August 23, 2006 submittal for Grant Parish was preceded by a proposal
in June 2006, and a public hearing July 25, 2006.) These August and
October revisions provide 8-hour ozone maintenance plans for the three
parishes named above, as required by section 110(a)(1) of the CAA and
the provisions of EPA's Phase 1 Implementation Rule (see 40 CFR
51.905(a)(4)). The purpose of these plans is to ensure continued
attainment and maintenance of the NAAQS for 8-hour ozone in Beauregard,
Grant, and St. Mary Parishes.
In this action, EPA is approving the State's 8-hour ozone
maintenance plans for the areas of Beauregard, Grant, and St. Mary
Parishes because EPA finds that the LDEQ submittal meets the
requirements of section 110(a)(1) of the CAA, EPA's rule, and is
consistent with EPA's guidance. As required, these plans provide for
continued attainment and maintenance of the 8-hour ozone NAAQS in the
area for 10 years from the effective date of the area's designation as
unclassifiable/attainment for the 8-hour ozone NAAQS, and include
components illustrating how each Parish will continue in attainment of
the 8-hour ozone NAAQS and contingency measures. Each of the section
110(a) (1) plan components is discussed below.
(a) Attainment Inventory. The LDEQ developed comprehensive
inventories of VOC and NOX emissions from area, stationary,
and mobile sources using 2002 as the base year to demonstrate
maintenance of the 8-hour ozone NAAQS for Beauregard, Grant, and St.
Mary Parishes. The year 2002 is an appropriate year for the LDEQ to
base attainment level emissions because States may select any one of
the three years on which the 8-hour attainment designation was based
(2001, 2002, and 2003). The State's submittals contain the detailed
inventory data and summaries by source category. The 2002 base year
inventory is a good choice. Using the 2002 inventory as a base year
reflects one of the years used for calculating the air quality design
values on which the 8-hour ozone designation decisions were based. It
also is one of the years in the 2002-2004 period used to establish
baseline visibility levels for the regional haze program.
A practical reason for selecting 2002 as the base year emission
inventory is that Section 110(a)(2)(B) of the CAA and the Consolidated
Emissions Reporting Rule (67 FR 39602, June 10, 2002) require States to
submit emissions inventories for all criteria pollutants and their
precursors every three years, on a schedule that includes the emissions
year 2002. The due date for the 2002 emissions inventory is established
in the rule as June 2004. In accordance with these requirements, the
State of Louisiana compiles a statewide EI for point sources on an
annual basis. For stationary point sources, for Beauregard, Grant, and
St. Mary Parishes, the LDEQ provided estimates for each commercial or
industrial operation that emits 100 tons or more per year of VOC or
NOX in Appendix A of each maintenance plan. Stationary non-
point source data was provided by E.H. Pechan & Associates, Inc.,
through the Central Regional Air Planning Association (CENRAP) using
the methodology in ``Consolidation of Emissions Inventories'', section
C, page 26. On-road mobile emissions of VOC and NOX were
estimated using EPA's MOBILE6.2 motor vehicle emissions factor computer
model. Non-road mobile emissions data were derived from the ``Emission
Inventory Development For Mobile Sources and Agricultural Dust Sources
for the Central States'' produced by Sonoma Technology, Inc. for CENRAP
in October 2004 using EPA's NONROAD 2004 non-road mobile emissions
computer model. EPA finds that the LDEQ prepared the 2002 base year
emissions inventories for the three Parishes consistent with EPA's
long-established guidance memoranda.
In projecting data for the attainment year 2014 inventory, LDEQ
used several methods to project data from the base year 2002 to the
years 2008, 2011, and 2014. These projected inventories were developed
using EPA-approved technologies and methodologies. Point source and
non-point source projections were derived from the Emissions Growth
Analysis System version 4.0 (EGAS 4.0). Non-road mobile projections
were derived from EGAS 4.0, as well as from the National Mobile
Inventory Model.
The following tables provide VOC and NOX emissions data
for the 2002 base attainment year inventory, as well as projected VOC
and NOX emission inventory data for the years 2008, 2011,
and 2014. Please see the Technical Support Document (TSD) for
additional emissions inventory data including projections by source
category for each parish.
Beauregard Parish VOC and NOX Emissions Inventory Baseline (2002) and Projections
(2008, 2011, and 2014)
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2002 tons 2008 tons 2011 tons 2014 tons
Emissions per day per day per day per day
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Total VOC................................................... 13.91 13.96 13.96 14.02
Total NOX................................................... 20.88 20.79 20.78 20.84
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As shown in the table above, total VOC and total NOX
emissions for Beauregard Parish are projected to remain nearly the same
over the 10-year period of the maintenance plan.
Grant Parish VOC and NOX Emissions Inventory Baseline (2002) and Projections (2008, 2011, and 2014)
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2002 tons 2008 tons 2011 tons 2014 tons
Emissions per day per day per day per day
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Total VOC................................................... 8.99 8.23 7.57 7.09
Total NOX................................................... 5.73 5.13 4.82 4.58
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[[Page 62582]]
As shown in the table above, total VOC and total NOX
emissions for Grant Parish are projected to decrease somewhat over the
10-year period of the maintenance plan.
St. Mary Parish VOC and NOX Emissions Inventory Baseline (2002) and Projections
(2008, 2011, and 2014)
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2002 tons 2008 tons 2011 tons 2014 tons
Emissions per day per day per day per day
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Total VOC................................................... 18.74 16.29 15.50 15.01
Total NOX................................................... 37.10 37.79 38.43 39.15
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Emission projections for future years in St. Mary Parish indicate a
downward trend in VOC emissions through 2014. NOX emission
projections through 2014 reflect an increase of 2.05 tons per day by
the year 2014, or approximately 5%, from 37.10 to 39.15 tpd. This small
projected increase which occurs over a 12-year period is a result of
calculations for the point and non-point source emissions categories.
Emissions from non-road mobile and on-road mobile sources are projected
to decrease. In contrast, VOC emissions are projected to decrease by
3.73 tons per day, or approximately 20%, from 18.74 to 15.01 tpd. The
projected 20% reduction in VOC emissions is expected to sufficiently
offset the projected 5% increase in NOX emissions, enabling
the area to continue to maintain the 8-hour ozone standard.
Please see the TSD for more information on EPA's analysis and
review of the State's methodologies, modeling data and performance,
etc. for developing the base and attainment year inventories. As shown
in the tables above, the State has demonstrated that the future year 8-
hour ozone emissions will be less than the 2002 base attainment year's
emissions. The attainment inventories submitted by the LDEQ for these
areas are consistent with the criteria as discussed in the EPA
Maintenance Plan Guidance memo dated May 20, 2005. EPA finds that the
future emissions levels in 2008, 2011 and 2014 are expected to be
similar to or less than the emissions levels in 2002.
(b) Maintenance Demonstration. The primary purpose of a maintenance
plan is to demonstrate how an area will continue to remain in
compliance with the 8-hour ozone standard for the 10 year period
following the effective date of designation as unclassifiable/
attainment. The end projection year is 10 years from the effective date
of the attainment designation, which for Beauregard, Grant, and St.
Mary Parishes was June 15, 2004. Therefore, these plans must
demonstrate attainment through 2014. As discussed in section (a)
Attainment Inventory above, Louisiana has identified the level of
ozone-forming emissions in Beauregard, Grant, and St. Mary Parishes
that were consistent with attainment of the NAAQS for ozone in 2002.
Louisiana has projected VOC and NOX emissions for the years
2008, 2011, and 2014 in Beauregard, Grant, and St. Mary Parishes and
EPA finds that the future emissions levels in those years are expected
to be similar or below the emissions levels in 2002. Please see the TSD
for more information on EPA's review and evaluation of the State's
2008, 2011, and 2014 projected emissions inventories.
Louisiana relies on several air quality measures that will provide
for additional 8-hour ozone emissions reductions in Beauregard, Grant,
and St. Mary Parishes. These measures include the following, among
others: (1) Implementation of EPA's National Rule for VOC Emission
Standards for Automobile Refinish Coatings, Consumer Products, and
Architectural Coatings, (2) enacting of specific requirements from
EPA's Tier 2 Motor Vehicle Emission Standards, EPA's Heavy-Duty Engine
and Vehicle Standards, as well as EPA's gasoline and highway diesel
fuel sulfur control requirements, (3) EPA's required control of
emissions from non-road diesel engines and fuels, and (4)
implementation of the Federal Clean Air Interstate Rule (CAIR) (70 FR
25162). The purpose of these control measures is to reduce levels of 8-
hour ozone, including the areas of Beauregard, Grant, and St. Mary
Parishes.
As an additional demonstration of maintenance, Louisiana references
the EPA modeling conducted for CAIR in the maintenance plan submittals.
Louisiana is a state that must implement CAIR, and the EPA CAIR
modeling indicates that all Louisiana parishes will be in attainment
with the 8-hour ozone standard by 2010, with continued attainment
projected through 2015. This analysis is consistent with the
projections discussed above in (a) Attainment Inventory.
(c) Ambient Air Quality Monitoring. In May 2003, after a technical
and statistical analysis, the Regional Office agreed with the State of
Louisiana that the Ragley monitoring site in Beauregard Parish and the
Bentley monitoring site in Grant Parish could be discontinued upon
submittal of a revised maintenance plan, which turned out to be
November 28, 2005 for Grant Parish and May 19, 2006 for Beauregard
Parish. The Bentley site in Grant Parish, however, was destroyed by
fire on August 13, 2005, before the end of the 2005 ozone season. Since
there was not adequate time to establish a new monitor for the
remainder of the 2005 ozone season, EPA calculated its 2005 design
value with the available information as 73 ppb. (The ozone season in
the State of Louisiana is from January to December for the Parishes
discussed in this notice.) In the same May 2003 letter, after the
completion of the technical and statistical analysis, the Regional
Office agreed with the State that the Morgan City monitoring site in
St. Mary Parish could be discontinued at the end of the 2003 ozone
season. Nevertheless, the State of Louisiana has committed in its
maintenance plans for Beauregard, Grant, and St. Mary Parishes to
provide operation of an appropriate ozone monitoring network and to
work with EPA in compliance with 40 CFR part 58 with regard to the
continued adequacy of such a network, if EPA determines monitoring is
needed.
The Ragley monitoring site in Beauregard Parish has monitored
attainment with the 8-hour ozone standard since 1998 through 2005. The
8-hour ozone NAAQS is 0.08 parts per million based on the three-year
average of the fourth-highest daily maximum 8-hour average ozone
concentration measured at each monitor within an area. The standard is
considered to be attained at 84 parts per billion (ppb). The three most
recent 8-hour ozone design values for the Ragley site in Beauregard
Parish are 73 ppb for 2003, 73 ppb for 2004, and 75 ppb for 2005. The
Bentley monitoring site in Grant Parish has monitored attainment with
[[Page 62583]]
the 8-hour ozone standard since 1998 through 2004. The most recent 8-
hour ozone design values for the Bentley site in Grant Parish are 78
ppb for 2002, 74 ppb for 2003, 73 ppb for 2004, and 73 ppb for 2005.
The design value for 2005 is calculated to be 73 ppb, based upon the 8
months and 12 days of available data.
In St. Mary Parish, the Morgan City monitoring site has monitored
attainment with the 8-hour ozone standard since 2001 through 2005. The
State did not discontinue the monitor after the end of the 2003 ozone
season as allowed but continued to operate it through the 2005 ozone
season. The three most recent 8-hour ozone design values for St. Mary
Parish are 74 ppb for 2003, 73 ppb for 2004, and 76 ppb for 2005.
(d) Contingency Plan. The section 110(a) (1) maintenance plans
include contingency provisions to correct promptly any violation of the
NAAQS that occurs. The contingency indicator for the Beauregard, Grant,
and St. Mary Parish maintenance plans is based on updates to the
emission inventories. The triggering mechanism for activation of
contingency measures is a ten percent or greater increase in emissions
of either VOC or NOX based on the 2002 emissions inventory.
In these maintenance plans, if contingency measures are triggered, LDEQ
is committing to implement the measures as expeditiously as
practicable, but no longer than 24 months following the trigger.
The following contingency measures are identified for
implementation: (1) Lowering VOC RACT applicability thresholds for
Stage 1 gasoline controls, (2) NOX controls on major sources
(100 tpy and greater), (3) Emission offsets for permits (1.10 ratio for
VOC and NOX), and (4) Other measures deemed appropriate at
the time as a result of advances in control technologies. These
contingency measures and schedules for implementation satisfy EPA's
long-standing guidance on the requirements of section 110(a) (1) of
Continued Attainment. Continued attainment of the 8-hour ozone NAAQS in
the areas of Beauregard, Grant, and St. Mary Parishes will depend, in
part, on the air quality measures discussed previously (see II. b)
above). In addition, Louisiana commits to verify the 8-hour ozone
status in each maintenance plan through annual and periodic evaluations
of the emissions inventories. In the annual evaluations, Louisiana will
review VOC and NOX emission data from stationary point
sources. During the periodic evaluations (every three years), Louisiana
will update the emissions inventory for all emissions source
categories, and compare the updated emissions inventory data to the
projected 2008, 2011 and 2014 attainment emissions inventories to
verify continued attainment of the 8-hour ozone standard.
III. The State of Louisiana's Request To Relax the Federal Reid Vapor
Pressure Standard in Grant Parish
The State of Louisiana has submitted a request to EPA to relax the
federal Reid Vapor Pressure (RVP) standard from 7.8 psi to 9.0 psi in
Grant Parish during the ozone control season (June 1 to September 15).
The Grant Parish section 110(a) (1) maintenance plan provides a modeled
analysis of emissions from on-road mobile sources, including a
comparison of VOC emissions using both the 7.8 and 9.0 psi RVP
gasoline, for the three projection years: 2008, 2011, and 2014. The
following Table provides the data resulting from the State's analysis
comparing projected VOC emissions in Grant Parish for an RVP of 7.8 psi
and 9.0 psi.
Grant Parish: RVP Comparison Effect on VOC Emissions
------------------------------------------------------------------------
7.8 psi 9.0 psi
Year RVP VOC RVP VOC
(tpd) (tpd)
------------------------------------------------------------------------
2002.............................................. 1.27 N/A
2008.............................................. 0.80 0.90
2011.............................................. 0.63 0.70
2014.............................................. 0.52 0.57
------------------------------------------------------------------------
The Table above shows that Grant Parish is projected to continue to
attain the 8-hour ozone standard with either a 7.8 or 9.0 psi RVP
gasoline. The overall effect on VOC emissions from the difference
between 7.8 and 9.0 psi RVP gasoline is 0.1 tpd or less for each of the
three projection years. Further, each of the projected VOC emission
inventories using 9.0 psi RVP gasoline is less than the baseline VOC
emission inventory for the 2002 attainment year. Based upon this data,
the Grant Parish 8-hour maintenance plan demonstrates that the use of
either 7.8 or 9.0 psi RVP gasoline in the parish will allow the area to
continue to meet the 8-hour ozone NAAQS.
EPA has promulgated regulations establishing the volatility
standards. In a separate rulemaking, EPA will address the State's
request.
IV. Final Action
Pursuant to section 110 of the Act, EPA is approving the 8-hour
ozone maintenance plans for Beauregard, Grant, and St. Mary Parishes,
which were submitted by LDEQ on August 23, 2006, August 23, 2006, and
October 10, 2006, respectively, which ensure continued attainment of
the 8-hour ozone NAAQS through the year 2014. We have evaluated the
State's submittals and have determined that they meet the applicable
requirements of the Clean Air Act and EPA regulations, and are
consistent with EPA policy.
EPA is publishing this rule without prior proposal because we view
this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on January 7, 2008
without further notice unless we receive adverse comment by December 6,
2007. If we receive adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
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, 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
[[Page 62584]]
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 CAA.
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, 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 CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) 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. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 7, 2008. 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
relations, Ozone, Nitrogen dioxide, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: October 26, 2007.
Lawrence E. Starfield,
Acting 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. In Sec. 52.970, the table in paragraph (e) entitled, ``EPA APPROVED
LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES'', is
amended by adding three new entries to the end of the table as follows:
Sec. 52.970 Identification of plan.
* * * * *
(e) * * *
Epa-Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
State
Name of SIP provision Applicable geographic submittal date/ EPA approval date Explanation
or nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8-Hour Ozone Section 110 Beauregard Parish, LA 8/23/06 11/06/07 [Insert FR
Maintenance Plan. page number where
document begins].
8-Hour Ozone Section 110 Grant Parish, LA..... 8/23/06 11/06/07 [Insert FR
Maintenance Plan. page number where
document begins].
8-Hour Ozone Section 110 St. Mary Parish, LA.. 9/27/06 11/06/07 [Insert FR
Maintenance Plan. page number where
document begins].
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.975, entitled, ``Redesignations and maintenance plans;
ozone'', is amended by adding a new paragraph (h) as follows:
Sec. 52.975 Redesignations and maintenance plans; ozone.
* * * * *
(h) Approval. The Louisiana Department of Environmental Quality
(LDEQ) submitted 8-hour ozone maintenance plans for the areas of
Beauregard, Grant, and St. Mary Parishes on August 23, 2006, August 23,
2006, and October 10, 2006, respectively. The three areas are
designated unclassifiable/attainment for the 8-hour ozone standard. EPA
determined these requests for Beauregard, Grant, and St. Mary Parishes
were complete on October 9, 2006, October 9, 2006, and November 30,
2006, respectively. The maintenance plans meet the requirements of
section 110(a)(1) of the Clean Air Act, and are consistent with EPA's
maintenance plan guidance document dated May 20, 2005. The EPA
therefore approved the 8-hour ozone maintenance plans for the areas
[[Page 62585]]
of Beauregard, Grant, and St. Mary parishes on November 6, 2007.
* * * * *
[FR Doc. E7-21687 Filed 11-5-07; 8:45 am]
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