[Federal Register Volume 74, Number 170 (Thursday, September 3, 2009)]
[Rules and Regulations]
[Pages 45561-45564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21188]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2007-1064; FRL-8952-5]
Approval and Promulgation of Air Quality Implementation Plans;
Louisiana; Emissions Inventory; Baton Rouge Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Louisiana State Implementation Plan (SIP) to meet the
Emissions Inventory (EI) requirements of the Clean Air Act (CAA) for
the Baton Rouge ozone nonattainment area. EPA is approving the SIP
revision because it satisfies the EI requirements for areas classified
as nonattainment for the 1997 8-hour ozone national ambient air quality
standard. EPA is approving the revisions pursuant to section 110 of the
CAA.
DATES: This direct final rule will be effective November 2, 2009
without further notice unless EPA receives adverse comments by October
5, 2009. If adverse comments are received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-1064, by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the online 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 e-mail 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, and not
on legal holidays. Special arrangements should be made for deliveries
of boxed information.
Instructions: Direct your comments to Docket No. EPA-R06-OAR-2007-
1064. 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 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
[[Page 45562]]
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, during
official business hours by appointment, at the Louisiana Department of
Environmental Quality, Air Quality Assessment Division, 602 North Fifth
Street, P.O. Box 4314, Baton Rouge, Louisiana 70821-4314.
FOR FURTHER INFORMATION CONTACT: Emad Shahin, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-6717; 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. What Action Is EPA Taking?
II. What Is a SIP?
III. What Is the Background for This Action?
IV. What Is EPA's Evaluation of the Revision?
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
We are approving a revision to the Louisiana SIP submitted by the
State to meet the EI requirements of the CAA for the Baton Rouge 8-hour
ozone nonattainment area. The Baton Rouge area EI was submitted to EPA
on September 29, 2007 and entitled the ``2002 Base Year Emissions
Inventory for the Baton Rouge Ozone Nonattainment Area''. We are
approving the Baton Rouge area EI pursuant to section 110 of the CAA.
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant 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 November 2, 2009
without further notice unless we receive relevant adverse comment by
October 5, 2009. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
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.
II. What Is a SIP?
Section 110 of the CAA requires states to develop air pollution
regulations and control strategies to ensure that air quality meets the
national ambient air quality standards (NAAQS) established by EPA.
NAAQS are established under section 109 of the CAA, and currently
address six criteria pollutants: Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
The SIP is a set of air pollution regulations, control strategies,
other means or techniques, and technical analyses developed by the
state, to ensure that the state meets the NAAQS. The SIP is required by
section 110 and other provisions of the CAA. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emissions inventories, monitoring
networks, and modeling demonstrations. Each state must submit these
regulations and control strategies to EPA for approval and
incorporation into the federally-enforceable SIP. Each federally-
approved SIP protects air quality primarily by addressing air pollution
at its point of origin.
III. What Is the Background for This Action?
On July 18, 1997, EPA published the 8-hour ozone standard of 0.08
ppm (62 FR 38856). On April 30, 2004, EPA published designations for
the 8-hour ozone standard (69 FR 23858). The Baton Rouge 8-hour ozone
nonattainment area, consisting of the Parishes of Ascension, East Baton
Rouge, Iberville, Livingston, and West Baton Rouge in Louisiana, was
classified as a marginal nonattainment area with an attainment date of
no later than June 15, 2007. The area did not attain the 8-hour ozone
standard by June 15, 2007 and on March 21, 2008 was reclassified to a
``moderate'' 8-hour ozone nonattainment area (73 FR 15087).
The CAA (see section 182) and EPA's 8-hour ozone regulations (see
40 CFR 51.915) require a state to submit an emissions inventory for
each area designated as nonattainment for the standard. An emissions
inventory is an estimation of actual emissions of air pollutants in an
area. The emissions inventory consists of volatile organic compound
(VOC) and oxides of nitrogen (NOx) emissions as they are ``ozone
precursors''. On September 29, 2007 the Louisiana Department of
Environmental Quality submitted the ``2002 Base Year Emissions
Inventory for the Baton Rouge Ozone Nonattainment Area'' to EPA.
IV. What Is EPA's Evaluation of the Revision?
EPA has reviewed the revision for consistency with the requirements
of EPA regulations. A summary of EPA's analysis is provided below. For
a full discussion of our evaluation, please refer to our Technical
Support Document (TSD), found in the electronic docket.
Sections 172(c)(3) and 182(b)(1) of the CAA require that
nonattainment plan provisions include an inventory of actual emissions
from all sources of relevant pollutants in the nonattainment area. EPA
strongly recommended using 2002 as the base year for the emissions
inventory (40 CFR 51.915). EPA determined that LDEQ has developed an
inventory of actual emissions from all sources in the Baton Rouge
nonattainment area in accordance with EPA guidelines. The 2002 base
year inventory includes all point, area, non-road mobile, and on-road
mobile source emissions. Table 1 lists the 2002 EI for the Baton Rouge
area. For more detail on how emissions inventories were estimated,
please see the TSD. Since this SIP revision consists of just the 2002
Base Year inventory, it fully complies with section 110(l) of the CAA.
Table 1--Baton Rouge 2002 Base Year Emissions Inventory (TPD)
------------------------------------------------------------------------
Source category VOC NOX CO
------------------------------------------------------------------------
Point.................................. 40.17 117.91 76.11
Non-Point.............................. 29.71 3.90 64.43
[[Page 45563]]
On-Road................................ 22.97 43.59 331.23
Non-Road............................... 14.99 34.01 121.56
--------------------------------
County Total....................... 107.84 199.41 593.33
------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the 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 November 2, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: August 21, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
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 to the end of the table for ``2002
Emission Inventory'', for the Baton Rouge, LA area to read as follows:
Sec. 52.970 Identification of plan.
* * * * *
(e) * * *
* * * * *
EPA APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY
MEASURES
----------------------------------------------------------------------------------------------------------------
State
Applicable geographic approval/
Name of SIP provision or non- attainment submittal EPA approval date Explanation
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2002 Emission Inventory............ Baton Rouge, LA....... 7/31/2007 9/3/2009, [Insert FR
page number where
document begins].
----------------------------------------------------------------------------------------------------------------
[[Page 45564]]
[FR Doc. E9-21188 Filed 9-2-09; 8:45 am]
BILLING CODE 6560-50-P