27058 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0206; FRL—9809–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Louisiana; Approval of Section 

110(a)(1) Maintenance Plan for the 

1997 8-Hour Ozone Standard for the 

Parish of Pointe Coupee 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is granting direct final 

approval of a revision to the Louisiana 

State Implementation Plan (SIP) 

concerning a maintenance plan 

addressing the 1997 8-hour ozone 

standard for the parish of Pointe 

Coupee. On February 28, 2007, the State 

of Louisiana submitted a SIP revision 

containing a maintenance plan for the 

1997 ozone standard for Pointe Coupee 

Parish. This plan ensures the continued 

attainment of the 1997 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS) through the year 2014. On 

March 12, 2008, EPA issued a revised 

ozone standard. Today’s action, 

however, is being taken to address 

requirements under the 1997 ozone 

standard. Requirements for this area 

under the 2008 standard will be 

addressed in future actions. This 

maintenance plan meets statutory and 

regulatory requirements, and is 

consistent with EPA’s guidance. 

DATES: This rule is effective on July 8, 

2013 without further notice, unless EPA 

receives relevant adverse comment by 

June 10, 2013. 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: Comments may be mailed to 

Mr. Guy Donaldson, Chief, Air Planning 

Section (6PD–L), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Comments may also be submitted 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the Addresses section of 

the direct final rule located in the rules 

section of this Federal Register. 

Submit your comments, identified by 

Docket No. EPA–R06–OAR–2007–0206, 

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. 

• Email: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. 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 8:00 a.m. and 4:00 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–2007– 

0206. 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 email. 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 email 

comment directly to EPA without going 

through www.regulations.gov your email 

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: Ms. 

Ellen Belk or Ms. Sandra Rennie, Air 

Planning Section (6PD–L), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–2164 or (214) 665–7367; fax 

number 214–665–7263; email address 

belk.ellen@epa.gov or 

rennie.sandra@epa.gov. 

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 Submittal 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Under section 107 of the 1977 CAA, 

Louisiana’s Pointe Coupee Parish was 

designated as a nonattainment area 

because it did not meet the National 

Ambient Air Quality Standards 

(NAAQS) for 1-hour ozone (40 CFR 

81.319). Under the 1990 CAA 

Amendments, Pointe Coupee Parish was 

included as part of the Baton Rouge 

nonattainment area, and continued to be 


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designated nonattainment for the 1-hour 

ozone NAAQS by operation of law. 

Under these Amendments, the Baton 

Rouge area, which included Pointe 

Coupee, was classified as a serious 1- 

hour ozone nonattainment area, 

pursuant to sections 107(d) and 181(a) 

of the CAA Amendments (56 FR 56694). 

On December 20, 1995, Louisiana 

submitted a State Implementation Plan 

(SIP) requesting that Pointe Coupee 

Parish be removed from the Baton 

Rouge nonattainment area and be 

redesignated to attainment for the 1- 

hour standard. As part of the submittal, 

the State provided the required ozone 

monitoring data and a maintenance plan 

for the Parish to ensure the area would 

remain in attainment for 1-hour ozone 

for a period of 10 years. EPA approved 

Louisiana’s request to redesignate 

Pointe Coupee Parish to attainment for 

the 1-hour ozone standard and the 

maintenance plan on January 6, 1997 

(62 FR 648). 

On April 30, 2004, EPA designated 

and classified areas for the 1997 8-hour 

ozone NAAQS (69 FR 23858), and 

published the final Phase 1 rule for 

implementation of the 1997 ozone 

NAAQS (69 FR 23951). Pointe Coupee 

Parish was designated as unclassifiable/ 

attainment for the 1997 ozone standard, 

effective June 15, 2004. The area is 

consequently required to submit a 10- 

year maintenance plan under section 

110(a) (1) of the CAA and the Phase 1 

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 1 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 

1997 8-hour ozone NAAQS in the 

Pointe Coupee Parish 1997 8-hour ozone 

unclassifiable/attainment area. 

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 1997 8- 

Hour Ozone Standard. (South Coast Air 

Quality Management District. v. EPA, 

472 F.3d 882 (DC 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 1 

rule. See 489 F.3d 1245 (DC Cir. 2007), 

cert. denied, 128 S.Ct. 1065 (2008). The 

Court vacated those portions of the Rule 

that provide for regulation of the 1997 

8-hour ozone NAAQS 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 implementation rule 

for the 1997 8-hour ozone NAAQS for 

maintenance plans. 

II. Analysis of the State’s Submittal 

On February 28, 2007, the State of 

Louisiana submitted a SIP revision 

containing a maintenance plan for the 

1997 ozone NAAQS for Pointe Coupee 

Parish. This February revision provides 

a 1997 ozone NAAQS maintenance plan 

for the parish, 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 this plan is to ensure continued 

attainment and maintenance of the 1997 

8-hour ozone NAAQS in Pointe Coupee 

Parish. 

In this action, EPA is approving the 

State’s maintenance plan for the 1997 

ozone NAAQS for Pointe Coupee Parish 

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, this plan provides for 

continued attainment and maintenance 

of the 1997 ozone NAAQS in the area 

for 10 years from the effective date of 

the area’s designation as unclassifiable/ 

attainment for the 1997 8-hour ozone 

NAAQS, and includes components 

illustrating how the Parish will continue 

in attainment of the 1997 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 1997 ozone NAAQS 

for Pointe Coupee Parish. 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 for the 1997 ozone NAAQS 

was based (2001, 2002, and 2003). The 

State’s submittal contains 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 Pointe 

Coupee Parish, 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 the 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 Parish 

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 


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projections by source category for the 

parish. 

POINTE COUPEE PARISH VOC AND NOX EMISSIONS INVENTORY BASELINE (2002) 

AND PROJECTIONS (2008, 2011, AND 2014) 

Emissions 2002 

tons per day 

2008 

tons per day 

2011 

tons per day 

2014 

tons per day 

Total VOC ........................................................................................................ 8.63 8.04 7.75 7.66 

Total NOX ........................................................................................................ 65.72 67.81 70.44 73.27

As shown in the Table, total VOC 

emissions are projected to decrease 

slightly, and total NOX emissions for 

Pointe Coupee Parish are projected to 

increase slightly over the 10-year period 

of the maintenance plan. While 

emission projections for VOC indicate a 

downward trend through 2014, NOX

emission projections through 2014 show 

an increase of 7.55 tons per day, or 

approximately 11% (from 65.72 to 73.27 

tpd). This projected increase is 

relatively small considering that it 

occurs over a period of approximately 

twelve years from the 2002 baseline. 

The slightly upward trend in NOX

emissions results primarily from 

projected increases in emissions for the 

point source category, although there is 

also projected to be a very small 

increase from the nonpoint source 

category. Emissions of NOX from nonroad sources are projected to remain 

nearly the same, and emissions of NOX

from on-road mobile sources are 

projected to decrease. The EGAS system 

for projecting emissions may overstate 

future emissions because the system 

relies principally on economic growth 

for the projections. Specifically, the 

future emissions from NOX point 

sources can be overstated because the 

projections do not include reductions 

from regulatory or permit controls. A 

review of emissions inventory trends, 

now available through 2008, confirms 

that the emission projections in the SIP 

were overstated. In fact rather than an 

11% increase in NOX, emissions have 

declined by almost 40% since 2002. 

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 for the area. As shown in the 

table and discussion above, the State 

projected that the future year ozone 

precursor emissions will be less than or 

similar to the 2002 base attainment 

year’s emissions. The attainment 

inventory submitted by the LDEQ for 

this area is consistent with the criteria 

as discussed in the EPA Maintenance 

Plan Guidance memo dated May 20, 

2005, and in other guidance documents 

(please see the docket for additional 

information). Considering emissions 

projections together with reductions 

from measures not accounted for in the 

state’s projections, EPA finds that the 

future emissions levels in 2008, 2011 

and 2014 are expected to be less than or 

similar to emissions levels in 2002. 

Ambient air monitoring data entered 

into the National Emission Inventory 

database for 2005 and 2008 supports the 

above finding. 

(b) Maintenance Demonstration. The 

primary purpose of a maintenance plan 

is to demonstrate how an area will 

continue to remain in compliance with 

the 1997 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 for the 1997 

ozone NAAQS, which for Pointe Coupee 

Parish was June 15, 2004. Therefore, 

this plan must demonstrate how the 

area will remain in attainment through 

2014. As discussed in section (a) 

Attainment Inventory above, Louisiana 

has identified the level of ozone-forming 

emissions in Pointe Coupee Parish that 

was consistent with attainment of the 

NAAQS for ozone in 2002. Louisiana 

projected VOC and NOX emissions for 

the years 2008, 2011, and 2014 in Pointe 

Coupee Parish and finds that the future 

emissions levels in those years are 

projected to be similar to 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 Point Coupee Parish. 

These measures include the following, 

among others: 

(1) implementation of EPA’s National 

Rules for VOC Emission Standards: for 

Automobile Refinish Coatings (63 FR 

48806), for Consumer Products (63 FR 

48819), and Architectural Coatings (63 

FR 48848), for Consumer and 

Commercial Products Group II (Flexible 

Packaging Printing Materials, 

Lithographic Printing Materials, 

Letterpress Printing Materials) (71 FR 

58745), for Consumer and Commercial 

Products Group III (Paper, Film, and 

Foil Coatings, Metal Furniture Coatings, 

and Large Appliance Coatings) (72 FR 

57215), and for Consumer and 

Commercial Products Group IV 

(Miscellaneous Metal Products Coatings, 

Plastic Parts Coatings, Auto and LightDuty Truck Assembly Coatings, 

Fiberglass Boat and Manufacturing 

Materials, and Miscellaneous Industrial 

Adhesives) (73 FR 58481); 

(2) enacting of specific requirements 

from EPA’s Tier 2 Motor Vehicle 

Emission Standards (65 FR 6697), EPA’s 

Heavy-Duty Engine and Vehicle 

Standards and Highway Diesel Fuel 

Sulfur Control Requirements (66 FR 

5001), as well as EPA’s Tier 2 Motor 

Vehicle Emissions Standards and 

Gasoline Sulfur Control requirements 

(65 FR 6697); 

(3) EPA’s required control of 

emissions from Non-road Diesel Engines 

and Fuels (69 FR 38958); and 

(4) EPA’s Locomotive and Marine 

Compression-Ignition Engines rule (73 

FR 16435). The purpose of these control 

measures is to reduce levels of 8-hour 

ozone precursors, including the area of 

Pointe Coupee Parish, as well as to 

reduce transport to the Pointe Coupee 

Parish area from other areas such as 

Baton Rouge. 

(c) Ambient Air Quality Monitoring. 

The State of Louisiana committed in its 

maintenance plan 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. 

The Point Coupee Parish monitoring 

site monitored attainment with the 1997 

ozone standard from 2002 through 2006. 

The 1997 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 1997 ozone 

standard is considered to be attained at 

84 parts per billion (ppb). In 2007 when 

the maintenance plan was submitted by 


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1A violation is deemed to have occurred upon 

the date of EPA’s certification of the monitoring 

data. EPA certified the 2007 data in July 2008. The 

State’s contingency measures plan provides that if 

there is a violation, then the appropriate control 

measures to bring Pointe Coupee back into 

attainment must be implemented no later than 24 

months, i.e., July 2010. In order to understand the 

source of the 2007 ozone violation in the Parish, 

EPA reviewed the conditions and found that the 

higher ozone days in Pointe Coupee Parish are due 

to ozone concentrations or pre-cursors coming 

primarily from outside of the Parish. Of the twelve 

days in which there was an exceedance in 2005– 

2007, eleven show significant influence coming 

from outside the parish. For ten of the days, the 

trajectories show influence from the industrial area 

of Baton Rouge (southeast of Pointe Coupee), and 

for one of the days the trajectory goes through West 

and East Feliciana (northeast of Pointe Coupee) The 

twelfth exceedance was not high enough to be 

included in the design value calculation. In the 

docket, see the map entitled, ‘‘Analysis of High 

Ozone Concentrations in Pointe Coupee Parish, 

LA.’’ Pointe Coupee’s 2008 monitoring data had no 

exceedances, and the design value for 2008 is below 

the 1997 8-hour ozone standard. EPA certified the 

2008 data in January 2009. 

LDEQ, the three most recent 8-hour 

ozone design values based on certified 

data for the Pointe Coupee Parish site 

were 2003–2005. Table 1 shows the 

design values before and after 2005. 

TABLE 1—POINTE COUPEE PARISH

DESIGN VALUES IN PARTS PER BILLION (PPB) 

Year Design value 

2003 ...................................... 73 

2004 ...................................... 76 

2005 ...................................... 81 

2006 ...................................... 84 

2007 ...................................... 86 

2008 ...................................... 83 

2009 ...................................... 77 

2010 ...................................... 75 

2011 ...................................... 75 

2012 (preliminary) ................. 77 

A violation of the 1997 8-hour ozone 

standard in 2007 prevented us from 

approving this plan earlier. However, 

certified monitoring data now clearly 

show that the Parish came back into 

attainment in 2008 and continues to be 

in attainment of that standard. Further 

analysis of the monitoring data revealed 

that a 4th high exceedance in 2006 was 

the primary cause for the violation in 

2007. Speciated PAMS monitoring data 

from the adjacent Baton Rouge area 

showed a spike in stationary source 

NOX in 2006 which is the likely cause 

of the exceedance in Pointe Coupee 

during 2006. Transport of emissions 

from the Baton Rouge area into Pointe 

Coupee Parish has been demonstrated in 

a number of studies. 

In August and September 2005, the 

Baton Rouge metropolitan area (which 

includes Pointe Coupee) absorbed an 

estimated 75,000 evacuees from 

Hurricane Katrina. Upwards of 15,000 of 

those remained in Baton Rouge through 

2006. Increased demands on power 

generating facilities, and Baton Rouge 

area refineries compensating for other 

area refining facilities that were shut 

down or operating at reduced capacity 

are likely sources of the stationary 

source NOX increase. For these reasons, 

we are considering the 2007 violation an 

anomaly and proposing approval of this 

maintenance plan. See the TSD for this 

action for a more comprehensive 

discussion of this anomalous violation. 

(d) Contingency Plan. The section 

110(a)(1) maintenance plans include 

contingency provisions to correct 

promptly any violation of the 1997 

ozone NAAQS that occurs. The 

contingency indicator for the Pointe 

Coupee Parish maintenance plan is 

based upon monitoring data. The 

triggering mechanism for activation of 

contingency measures is a violation of 

the 1997 ozone standard.1 In this 

maintenance plan, if contingency 

measures are triggered, LDEQ is 

committing to implement the 

appropriate measures as expeditiously 

as practicable, but no later 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 longstanding guidance on the requirements 

of section 110(a)(1) of continued 

attainment. Continued attainment of the 

1997 ozone NAAQS in the area of 

Pointe Coupee Parish 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 of the areas air 

quality through appropriate ambient air 

quality monitoring, and to quality 

assure air quality monitoring data 

according to federal requirements. 

III. Final Action 

Pursuant to section 110 of the Act, 

EPA grants direct final approval of the 

1997 8-hour ozone maintenance plan for 

Pointe Coupee Parish, which was 

submitted by LDEQ on February 28, 

2007, which ensures continued 

attainment of the 1997 8-hour ozone 

NAAQS through the year 2014. We 

evaluated the State’s submittal and 

determine that it meets the applicable 

requirements of the Clean Air Act and 

EPA regulations, and is consistent with 

EPA policy. 

EPA is publishing this Rule without 

prior proposal because we view this as 

a non-controversial action 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 July 8, 2013 without 

further notice unless we receive adverse 

comment by June 10, 2013. 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. 

IV. 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); 


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27062 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations 

• 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. 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 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 July 8, 2013. 

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, 

Ozone, Nitrogen dioxides, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: April 24, 2013. 

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) entitled, ‘‘EPA 

APPROVED LOUISIANA 

NONREGULATORY PROVISIONS AND 

QUASI-REGULATORY MEASURES’’, is 

amended by adding one new entry to 

the end of the table to read as follows: 

§ 52.970 Identification of plan. 

* * * * * 

(e) * * * 

* * * * * 

EPA-APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP provision Applicable geographic or nonattainment area 

State submittal 

date/effective 

date 

EPA Approval date Explanation 

*******

1997 8-Hour Ozone Section 110 

Maintenance Plan.

Pointe Coupee Parish, LA ........... 2/28/2007 5/9/2013 ............................

[Insert FR page number 

where document begins].

■ 3. Section 52.975 is amended by 

adding paragraph (l) to read as follows: 

§ 52.975 Redesignations and maintenance 

plans; ozone. 

* * * * * 

(l) Approval. The Louisiana 

Department of Environmental Quality 

(LDEQ) submitted a 1997 8-hour ozone 

NAAQS maintenance plan for the area 

of Pointe Coupee Parish on February 28, 

2007. The area is designated 

unclassifiable/attainment for the 1997 8- 

hour ozone standard. EPA determined 

this request for Pointe Coupee Parish 

was complete on May 2, 2007. The 

maintenance plan meets the 

requirements of section 110(a)(1) of the 

Clean Air Act, and is consistent with 

EPA’s maintenance plan guidance 

document dated May 20, 2005. The EPA 

therefore approved the 1997 8-hour 

ozone NAAQS maintenance plan for the 

area of Pointe Coupee Parish on May 9, 

2013. 

[FR Doc. 2013–10832 Filed 5–8–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0113; FRL–9810–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Prevention of Significant 

Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is disapproving a narrow 

portion of a State Implementation Plan 

(SIP) revision submitted by the State of 

West Virginia on August 31, 2011. EPA 

is taking this final action because the 


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