[Federal Register Volume 75, Number 122 (Friday, June 25, 2010)]
[Proposed Rules]
[Pages 36316-36318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15471]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2010-0113; FRL-9168-4]
Approval and Promulgation of Air Quality Implementation Plans;
Louisiana; Determination of Attainment of the 1997 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to determine that the Baton Rouge,
Louisiana moderate 1997 8-hour ozone nonattainment area has attained
the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for
ozone. This proposed determination is based upon complete, quality
assured, certified ambient air monitoring data that show the area has
monitored attainment of the 1997 8-hour ozone NAAQS since the 2006-2008
monitoring period, and continues to monitor attainment of the NAAQS
based on 2009 data. If this proposed determination is made final, under
the provisions of EPA's ozone implementation rule, the requirements for
this area to submit an attainment demonstration, a reasonable further
progress plan, contingency measures, and other planning State
Implementation Plans related to attainment of the 1997 8-hour ozone
NAAQS shall be suspended for so long as the area continues to attain
the 1997 ozone NAAQS.
DATES: Written comments must be received on or before July 26, 2010.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2010-0113, by one of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
U.S. 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-
2010-0113. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or e-mail that you consider to be
CBI or otherwise protected from disclosure. The http://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 http://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 http://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 http://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 to make an appointment. If possible, please
make the appointment at least two working days in advance of your
visit. There will be a fee of 15 cents per page 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
75202-2733.
FOR FURTHER INFORMATION CONTACT: Ms. Sandra Rennie, Air Planning
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7367,
fax (214) 665-7263, e-mail address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. What action Is EPA taking?
II. What is the effect of this action?
III. What is the background for this action?
IV. What is EPA's analysis of the relevant Air Quality Data?
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is proposing to determine that the Baton Rouge, Louisiana
moderate 1997 8-hour ozone nonattainment area (hereafter the Baton
Rouge area) has attained the 1997 8-hour National Ambient Air Quality
Standard (NAAQS) for ozone. This proposed determination is based upon
complete, quality assured and certified ambient air monitoring data
that show the area has monitored attainment of the ozone NAAQS since
[[Page 36317]]
the 2006-2008 monitoring period, and monitoring data that continue to
show attainment of the NAAQS based on 2009 data in the Air Quality
System (AQS) database. Preliminary data available to date for the 2010
ozone season are also consistent with continued attainment.
II. What is the effect of this action?
If this proposed determination is made final, under the provisions
of EPA's ozone implementation rule (see 40 CFR Section 51.918), the
requirements for the Baton Rouge area to submit an attainment
demonstration, a reasonable further progress plan, section 172(c)(9)
contingency measures, and any other State Implementation Plan (SIP)
planning measures related to attainment of the 1997 8-hour ozone NAAQS
would be suspended for so long as the area continues to attain the
ozone NAAQS.
This proposed action, if finalized, would not constitute a
redesignation to attainment under CAA section 107(d)(3), because we
would not yet have an approved maintenance plan for the area as
required under section 175A of the CAA, nor a determination that the
area has met the other requirements for redesignation. The
classification and designation status of the area would remain moderate
nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA
determines that it meets all the CAA requirements for redesignation to
attainment.
If this rulemaking is finalized and EPA subsequently determines,
after notice-and-comment rulemaking in the Federal Register, that the
area has violated the 1997 8-hour ozone standard, the basis for the
suspension of these requirements would no longer exist, and the area
would thereafter have to address the pertinent CAA requirements.
III. What is the background for this action?
On April 30, 2004 (69 FR 23857), EPA designated as nonattainment
any area that was violating the 1997 8-hour ozone NAAQS based on the
three most recent years (2001-2003) of air quality data. The Baton
Rouge area (specifically, Ascension, East Baton Rouge, Iberville,
Livingston, and West Baton Rouge Parishes) was designated as a marginal
ozone nonattainment area. The Baton Rouge area was reclassified to
moderate on March 21, 2008, effective on April 21, 2008 (73 FR 15087).
Recent air quality data indicate that the Baton Rouge area is now
attaining the 1997 8-hour ozone standard.
IV. What is EPA's analysis of the relevant air quality data?
The EPA has reviewed the Baton Rouge area's 2006-2008 ambient air
monitoring data for ozone consistent with the requirements contained in
40 CFR part 50 and recorded in the EPA AQS database. On the basis of
that review, EPA has concluded that this area attained the 1997 8-hour
ozone standard at the end of the 2008 ozone season, based on three
years of complete, quality-assured and state certified 2006-2008 ozone
data. In addition, ozone data for 2007-2009, also in AQS, show the area
continues to attain the 1997 8-hour ozone NAAQS. Under EPA regulations
at 40 CFR part 50, the 1997 8-hour ozone standard is attained when the
3-year average of the annual fourth-highest daily maximum 8-hour
average ozone concentrations at an ozone monitor is less than or equal
to 0.08 parts per million (ppm) (i.e., 0.084 ppm, based on the rounding
convention in 40 CFR part 50, Appendix I). This 3-year average is
referred to as the design value. When the design value is less than or
equal to 0.084 ppm at each monitor within the area, then the area is
meeting the NAAQS. (See 69 FR 23857 (April 30, 2004) for further
information.) Also, the data completeness requirement is met when the
average percent of days with valid ambient monitoring data is greater
than 90%, and no single year has less than 75% data completeness as
determined in Appendix I of 40 CFR part 50.
Table 1 shows the fourth-highest daily maximum 8-hour average ozone
concentrations for the Baton Rouge, Louisiana nonattainment area
monitors for the years 2006-2009.
Table 1--Fourth High 8-Hour Ozone Average Concentrations and Design Values (ppm) in the Baton Rouge Area \1\
----------------------------------------------------------------------------------------------------------------
4th Highest daily max Design values three year
---------------------------------------------------- averages
Site -------------------------
2006 2007 2008 2009 2006-2008 2007-2009
----------------------------------------------------------------------------------------------------------------
Plaquemine (22-047-0009).......... 0.083 0.079 0.076 0.071 0.079 0.075
Carville (22-047-0012)............ 0.085 0.086 0.073 0.076 0.081 0.078
Dutchtown (22-005-0004)........... 0.087 0.088 0.074 0.074 0.083 0.078
Baker (22-033-1001)............... 0.091 0.077 0.071 0.071 0.079 0.073
LSU (22-033-0003)................. 0.085 0.085 0.072 0.084 0.080 0.080
Grosse Tete (22-047-0007)......... 0.086 0.084 0.071 0.070 0.080 0.075
Port Allen (22-121-0001).......... 0.087 0.076 0.072 0.072 0.078 0.073
Pride (22-033-0013)............... 0.082 0.077 0.074 0.072 0.077 0.074
French Settlement (22-063-0002)... 0.079 0.084 0.075 0.075 0.079 0.078
Capitol (22-033-0009)............. 0.084 0.074 0.067 0.076 0.075 0.072
----------------------------------------------------------------------------------------------------------------
\1\ Unlike for the 1-hour ozone standard, design value calculations for the 1997 8-hour ozone standard are based
on a rolling three-year average of the annual 4th highest values (40 CFR part 50, Appendix I).
EPA's review of these data shows that the Baton Rouge ozone
nonattainment area has met and continues to meet the 1997 8-hour ozone
NAAQS. Data for 2007-2009, show the area continues to attain the 1997
8-hour ozone NAAQS. Preliminary data available to date for the 2010
ozone season are consistent with continued attainment. EPA is
soliciting public comments on the issues discussed in this notice or on
other relevant matters pertaining to this rulemaking action. These
comments will be considered before EPA takes final action. Interested
parties may participate in the Federal rulemaking procedure by
submitting written comments to the EPA Region 6 Office listed in the
ADDRESSES section of this Federal Register.
V. Proposed Action
EPA is proposing to determine that the Baton Rouge 1997 8-hour
ozone moderate nonattainment area has attained the 1997 8-hour ozone
standard, based on complete, quality assured data through 2008, and
data for
[[Page 36318]]
2007-2009 indicating continued attainment. Preliminary data for the
2010 ozone season available to date are consistent with continued
attainment. As provided in 40 CFR 51.918, if EPA finalizes this
determination, it would suspend the requirements for the Baton Rouge
area to submit planning SIPs related to attainment of the 1997 8-hour
ozone NAAQS for this area, for so long as the area continues to attain
the standard.
VI. Statutory and Executive Order Reviews
This action proposes to make a determination of attainment based on
air quality, and would, if finalized, result in the suspension of
certain Federal requirements, and would not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed 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 the 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.
List of Subjects in 40 CFR part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401, et seq.
Dated: June 14, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 2010-15471 Filed 6-24-10; 8:45 am]
BILLING CODE 6560-50-P