43490 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations 

1On October 1, 2015, the EPA strengthened the 

ozone standard to 0.070 ppm (80 FR 65292, October 

26, 2015). The EPA has not made area designations 

under this new standard and the emissions 

inventory under evaluation in this rulemaking does 

not address that standard. 

2Biogenic emissions are produced by living 

organisms and are typically not included in the 

base year emission inventories, but are considered 

in ozone modeling analyses, which must consider 

all emissions in a modeled area. 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, and Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERWAYS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add § 100.35T08–0169 to read as 

follows: 

§ 100.35T08–0169 Special Local 

Regulation; Cumberland River Mile 190.0 to 

Mile 191.5; Nashville, TN. 

(a) Location. All waters of the 

Cumberland River beginning at mile 

marker 190.0 and ending at mile marker 

191.5 at Nashville, TN. 

(b) Enforcement period. This special 

local regulation will be enforced from 9 

a.m. until noon on July 30, 2016. 

(c) Regulations. (1) In accordance with 

the general regulations in § 100.801 of 

this part, entry into this area is 

prohibited unless authorized by the 

Captain of the Port Ohio Valley or a 

designated representative. 

(2) Persons or vessels requiring entry 

into or passage through the area must 

request permission from the Captain of 

the Port Ohio Valley or a designated 

representative. U. S. Coast Guard Sector 

Ohio Valley may be contacted on VHF 

Channel 13 or 16, or at 1–800–253– 

7465. 

Dated: June 28, 2016. 

R. V. Timme, 

Captain, U.S. Coast Guard, Captain of the 

Port Ohio Valley. 

[FR Doc. 2016–15741 Filed 7–1–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2016–0278 FRL–9948–60- 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Louisiana; 

Baton Rouge Nonattainment Area; 

Base Year Emissions Inventory for the 

2008 8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the State Implementation 

Plan (SIP) submitted by the Louisiana 

Department of Environmental Quality 

(LDEQ) to address the emissions 

inventory (EI) requirement for the Baton 

Rouge ozone nonattainment area 

(BRNA) for the 2008 8-hour ozone 

National Ambient Air Quality Standards 

(NAAQS). The Clean Air Act (CAA) 

requires an EI for all ozone 

nonattainment areas. The inventory 

includes emission data for Nitrogen 

Oxides (NOX) and Volatile Organic 

Compounds (VOCs). EPA is approving 

the revisions pursuant to section 110 

and part D of the CAA and EPA’s 

regulations. 

DATES: This rule is effective on 

September 6, 2016 without further 

notice, unless the EPA receives relevant 

adverse comment by August 4, 2016. If 

the EPA receives such comment, the 

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–2016–0278, at http:// 

www.regulations.gov or via email to 

salem.nevine@epa.gov. Follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact Ms. Nevine Salem, 214–665– 

7222, salem.nevine@epa.gov. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Nevine Salem, 214–665–7222, 

salem.nevine@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Ms. Salem or Mr. Bill 

Deese at 214–665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

A. The 2008 Ozone National Ambient 

Air Quality Standards (NAAQS) and 

Emissions Inventory Requirements 

On March 12, 2008 EPA revised the 

eight-hour ozone NAAQS from 0.08 part 

per million (ppm) to 0.075 ppm. (73 FR 

16436, March 27, 2008). In 2012, EPA 

designated nonattainment areas for the 

2008 ozone NAAQS (2008 ozone 

nonattainment areas) (77 FR 30088, May 

21, 2012).1 The Baton Rouge area was 

designated as nonattainment areas for 

the 2008 ozone NAAQS. The BRNA 

consists of five parishes: Ascension, 

East Baton Rouge, Iberville, Livingston, 

and West Baton Rouge. 

CAA sections 172(c)(3) and 182(a)(1), 

require states to develop and submit, as 

a SIP revision, an EI for all areas 

designated as nonattainment for the 

ozone NAAQS. An EI is an estimation 

of actual emissions of air pollutants in 

an area. Ground-level ozone, O3, is a gas 

that is formed by the reaction of volatile 

organic compounds (VOCs) and oxides 

of nitrogen (NOX) in the atmosphere in 

the presence of sunlight. (VOCs and 

NOX are referred to as ozone 

precursors). Therefore, an EI for ozone 

covers the emissions of VOC and NOX. 

These precursor emissions are emitted 

by many types of pollution sources, 

including power plants and industrial 

emissions sources, on-road and off-road 

motor vehicles and engines, smaller 

stationary sources, collectively referred 

to as nonpoint sources, and biogenic 

sources.2 The EI provides emissions 

data for a variety of air quality planning 

tasks including establishing baseline 


sradovich on DSK3GDR082PROD with RULES
Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations 43491 

emission levels, calculating federally 

required emission reduction targets 

needed to attain the NAAQS, 

determining emission inputs for ozone 

air quality simulation models, and 

tracking emissions over time to 

determine progress toward achieving air 

quality and emission reduction goals. 

As stated above, the CAA requires the 

states to submit EIs for areas designated 

as nonattainment for ozone. For the 

2008 ozone NAAQS, EPA has 

recommended that states use 2011 as a 

base year for the emission estimates (78 

FR 34178, 34190, June 6, 2013). 

However, EPA also allows states to 

submit base year emissions for other 

years during a recent ozone standard 

violation period. States are required to 

submit estimates of VOC and NOX

emissions for four general classes of 

anthropogenic sources: stationary point 

sources; nonpoint sources; on-road 

mobile sources; and off-road mobile 

sources in their EIs. 

B. Louisiana’s Submittal 

In a letter dated May 2, 2016, the 

LDEQ submitted the 2011 base year 

inventory to the EPA as part of the 

BRNA designation and maintenance 

plan. The EPA reviewed the 2011 base 

year inventory and determined that it 

was developed in accordance with EPA 

guidelines. Table 1 summarizes the 

2011 VOC and NOX base year emission 

for the BRNA area for a typical summer 

day (reflective of the summer period, 

when the highest ozone concentrations 

are expected in these ozone 

nonattainment areas). 

TABLE 1—BATON ROUGE NONATTAINMENT AREA 2011 VOC AND NOX

BASELINE EMISSIONS INVENTORY

[Tons/Day] 

Source type NOX VOC 

Point .......................... 74.2 33.6 

Nonpoint ................... 17.1 82.6 

Onroad Mobile .......... 38.4 19.2 

Nonroad Mobile ........ 27.3 8.7 

Total ................... 157.0 144.0 

C. CAA Requirements for the SIP 

Revision 

The primary CAA requirements 

pertaining to the SIP revision submitted 

by LDEQ are found in CAA sections 

110(l), 172(c)(3) and 182(a)(1). CAA 

section 110(l) requires that a SIP 

revision submitted to EPA be adopted 

by the State after reasonable notice and 

public hearing. Section 110(l) also 

prevents us from approving a SIP 

revision if the revision would interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress, or any other applicable 

requirement of the CAA. CAA sections 

172(c)(3) and 182(a) requires a SIP 

revision that is a comprehensive, 

accurate, current inventory of actual 

emissions from all sources. 

II. EPA’s Evaluation 

EPA has reviewed the revision for the 

consistency with the requirements of 

EPA regulations. A summary of EPA’s 

analysis is provided below. For a full 

discussion of our evaluation, please see 

our TSD. 

CAA sections 172 (c)(3) and 182(a)(1) 

require an inventory of actual emissions 

from all sources of relevant pollutants in 

the nonattainment areas. EPA specified 

in the 2008 ozone standard SIP 

requirements rule that the states should 

use 2011 as a base year for EI SIPs to 

address the EI requirements. LDEQ has 

developed a 2011 base year emissions 

inventory for the Baton Rouge 

nonattainment areas. The 2011 base year 

emissions includes all point, nonpoint, 

non-road mobile, and on-road mobile 

source emissions in BRNA. LDEQ 

utilized data from the US EPA 2011 

National Emissions Inventory (NEI), 

Version 2 as the baseline emissions 

inventory to identify the level of 

emissions in the area during the period 

of monitored attainment and satisfy the 

requirement of section 182(a)(1). 

EPA reviewed the emission inventory 

and determined that it is approvable 

because it was developed in accordance 

with EPA guidance on emission 

inventory preparation. The inventory is 

a comprehensive, accurate, and current 

inventory of actual emissions for all 

relevant sources in accordance with 

CAA sections 172(c)(3) and 182(a)(1). 

Additionally we found that (1) LDEQ 

adopted after reasonable notice and 

public hearing and (2) approval would 

not interfere with any applicable 

requirement concerning attainment and 

reasonable further progress or any other 

applicable requirement of the CAA. A 

technical support document (TSD) was 

prepared which details our evaluation. 

Our TSD may be accessed online at 

www.regulations.gov, Docket No. EPA– 

R06–OAR–2016–0278. 

III. Final Action 

We are approving a Louisiana SIP 

revision submitted to address the 

emissions inventory requirement for the 

Baton Rouge 2008 ozone NAAQS 

nonattainment area. The inventory we 

are proposing to approve is listed in 

table 1 above. 

We are 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 September 6, 2016 

without further notice unless we receive 

relevant adverse comment by August 4, 

2016. 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 

relevant 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. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. Accordingly, this action 

merely proposes to approve 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 (Public Law 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 


sradovich on DSK3GDR082PROD with RULES
43492 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations 

• 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 CAA; 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, the SIP is not approved to 

apply on any Indian reservation land or 

in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it 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. The 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 September 6, 2016. 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, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: June 22, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart T—Louisiana 

■ 2. In § 52.970, the second table in 

paragraph (e) is amended by adding the 

entry ‘‘2011 Emissions Inventory for the 

2008 Ozone NAAQS’’ at the end of the 

table to read as follows: 

§ 52.970 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED LOUISIANA NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP provision Applicable geographic or nonattainment area 

State 

submittal 

date/effective 

date 

EPA Approval date Explanation 

*******

2011 Emissions Inventory for the 

2008 Ozone NAAQS.

Baton Rouge Ozone Nonattainment 

Area.

5/2/16 7/5/16 [INSERT Federal 

Register CITATION].

[FR Doc. 2016–15748 Filed 7–1–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Chapter I 

[EPA–HQ–OW–2015–0668; FRL–9948–62– 

OW] 

Decision Not To Regulate Forest Road 

Discharges Under the Clean Water Act; 

Notice of Decision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Decision. 

SUMMARY: The Environmental Protection 

Agency (EPA) is providing notice of the 

Agency’s decision that no additional 

regulations are needed to address 

stormwater discharges from forest roads 

under Section 402(p)(6) of the Clean 

Water Act (CWA) at this time. This 

document responds to the remand in 

Environmental Defense Center, Inc. v. 

U.S. EPA, 344 F.2d 832 (9th Cir. 2003) 

that requires EPA to consider whether 

the CWA requires the Agency to 

regulate stormwater discharges from 

forest roads. 

DATES: This decision shall be 

considered issued for purposes of 

judicial review at 1 p.m. Eastern time on 

July 11, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Prasad Chumble, EPA Headquarters, 

Office of Water, Office of Wastewater 

Management via email at 

chumble.prasad@epa.gov or telephone 

at 202–564–0021. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Applicability 

This document does not impose 

requirements on any entity. 

B. Obtaining Copies of This Document 

and Related Information 

1. Docket 

EPA has established a docket for this 

action under Docket ID No. [EPA–HQ– 

OW–2015–0668; FRL–9948–62–OW]. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the EPA Docket Center, (EPA/DC) EPA 

West, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC. The EPA 

Docket Center Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 


sradovich on DSK3GDR082PROD with RULES