Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Proposed Rules 76891 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule will not result in such an 

expenditure, we do discuss the effects of 

this proposed rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule simply promulgates the operating 

regulations or procedures for 

drawbridges. Normally such actions are 

categorically excluded from further 

review, under figure 2–1, paragraph 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, you may review a Privacy 

Act notice regarding the Federal Docket 

Management System in the March 24, 

2005, issue of the Federal Register (70 

FR 15086). 

Documents mentioned in this notice, 

and all public comments, are in our 

online docket at http://

www.regulations.gov and can be viewed 

by following that Web site’s 

instructions. Additionally, if you go to 

the online docket and sign up for email 

alerts, you will be notified when 

comments are posted or a final rule is 

published. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 117.500 to read as follows: 

§ 117.500 Tchefuncta River 

The draw of the SR 22 Bridge, mile 

2.5, at Madisonville, shall open on 

signal from 7 p.m. to 6 a.m. From 6 a.m. 

to 7 p.m., the draw need only open on 

the hour, except that the draw need not 

open for the passage of vessels at 8 a.m., 

5 p.m. and 6 p.m. Monday through 

Friday except federal holidays. The 

bridge will open at any time an 

emergency. 

Dated: October 31, 2016. 

David R. Callahan, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District. 

[FR Doc. 2016–26654 Filed 11–3–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R06–OAR–2016–0293; FRL–9954–35– 

Region 6] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Louisiana; Redesignation of 

Baton Rouge Nonattainment Area, 

2008 8-Hour Ozone Nonattainment 

Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On May 2, 2016, the State of 

Louisiana submitted a request for the 

Environmental Protection Agency (EPA) 

to redesignate the five-parish Baton 

Rouge Nonattainment Area (BRNA or 

Area) for the 2008 8-hour ozone 

National Ambient Air Quality Standards 

(NAAQS or standard) to attainment and 

to approve a State Implementation Plan 

(SIP) revision containing a maintenance 

plan for the area. EPA is proposing to 

determine that the BRNA is continuing 

to attain the 2008 ozone NAAQS; to 

approve into the SIP the State’s plan for 

maintaining attainment of the standard 

in the Area, including the motor vehicle 

emission budgets (MVEBs) for nitrogen 

oxides (NOX) and volatile organic 

compounds (VOC) for the years 2022 

and 2027; and to redesignate the BRNA 

to attainment for the standard. 

DATES: Comments must be received on 

or before December 5, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2016–0293, at http://

www.regulations.gov or via email to 

jacques.wendy@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 Wendy Jacques, (214) 665–7395, 


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1On May 4, 2016, we determined that the BRNA 

had attained the ozone NAAQS, by the applicable 

attainment date of July 20, 2015, based on 2012– 

2014 monitoring data. See 81 FR 26697. 

2This rule, entitled Implementation of the 2008 

National Ambient Air Quality Standards for Ozone: 

State Implementation Plan Requirements and 

published at 80 FR 12264 (March 6, 2015), 

addresses a range of nonattainment area SIP 

requirements for the 2008 ozone NAAQS, including 

requirements pertaining to attainment 

demonstrations, reasonable further progress, RACT, 

reasonably available control measures, major NSR, 

emission inventories, and the timing of SIP 

submissions and of compliance with emission 

control measures in the SIP. This rule also 

addresses the revocation of the 1997 ozone NAAQS 

and the anti-backsliding requirements that apply 

when the 1997 ozone NAAQS are revoked. 

3The SIP Implementation Rule modified 40 CFR 

51.1103 to establish attainment dates that run from 

the effective date of designation, i.e., July 20, 2012. 

This action was in response to the D.C. Circuit’s 

decision in NRDC v. EPA (D.C. Cir. No. 12–1321) 

(Dec. 23, 2014). The Court’s decision held ‘‘that the 

EPA’s decision to run the attainment periods from 

the end of the calendar year in which areas were 

designated was unreasonable.’’ 80 FR 12264, at 

12268. 

jacques.wendy@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 the 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: 

Wendy Jacques, (214) 665–7395, 

jacques.wendy@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Ms. Jacques 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. What are EPA’s proposed actions? 

EPA is proposing to take the following 

three separate but related actions, one of 

which involves multiple elements: (1) 

To determine that the BRNA continues 

to attain the 2008 ozone NAAQS; 1 (2) to 

approve into the SIP, Louisiana’s plan 

for maintaining the 2008 ozone NAAQS 

(maintenance plan), including the 

associated MVEBs for the BRNA; and (3) 

to redesignate the BRNA to attainment 

for the 2008 ozone NAAQS. EPA is also 

notifying the public of the status of 

EPA’s adequacy determination for the 

MVEBs for the BRNA. The BRNA is 

comprised of five parishes that make up 

the historical metropolitan statistical 

area: Ascension, East Baton Rouge, 

Iberville, Livingston, and West Baton 

Rouge. Today’s proposed actions are 

summarized below and described in 

greater detail throughout this notice of 

proposed rulemaking. 

EPA is proposing to approve 

Louisiana’s maintenance plan for the 

BRNA as meeting the requirements of 

section 175A [such approval being one 

of the Clean Air Act (CAA or Act) 

criteria for redesignation to attainment 

status]. The maintenance plan is 

designed to keep the BRNA in 

attainment of the 2008 ozone NAAQS 

through 2027. The maintenance plan 

includes 2022 and 2027 MVEBs for NOX

and VOC for the BRNA for 

transportation conformity purposes. 

EPA is proposing to approve these 

MVEBs and incorporate them into the 

Louisiana SIP. 

EPA also proposes to determine that 

the BRNA has met the requirements for 

redesignation under section 107(d)(3)(E) 

of the CAA. Accordingly, in this action, 

EPA is proposing to approve a request 

to change the legal designation of the 

BRNA, as found at 40 CFR part 81, from 

nonattainment to attainment for the 

2008 ozone NAAQS. 

EPA is also notifying the public of the 

status of EPA’s adequacy process for the 

2022 and 2027 NOX and VOC MVEBs 

for the BRNA. The Adequacy comment 

period began on May 6, 2016, with 

EPA’s posting of the availability of 

Louisiana’s submissions on EPA’s 

Adequacy Web site (http://

www3.epa.gov/otaq/stateresources/ 

transconf/currsips.htm). The Adequacy 

comment period for these MVEBs closed 

on June 6, 2016. No comments, adverse 

or otherwise, were received during the 

Adequacy comment period. Please see 

section VII of this proposed rulemaking 

for further explanation of this process 

and for more details on the MVEBs. 

In summary, today’s notice of 

proposed rulemaking is in response to 

Louisiana’s May 2, 2016, redesignation 

request and associated SIP submission 

that address the specific issues 

summarized above and the necessary 

elements described in section 

107(d)(3)(E) of the CAA for 

redesignation of the BRNA to attainment 

for the 2008 ozone NAAQS. 

II. What is the background for EPA’s 

proposed actions? 

On March 12, 2008, EPA promulgated 

a revised 8-hour ozone NAAQS of 0.075 

parts per million (ppm). See 73 FR 

16436 (March 27, 2008). Under EPA’s 

regulations at 40 CFR part 50, the 2008 

ozone NAAQS is attained when the 3- 

year average of the annual fourth 

highest daily maximum 8-hour average 

ambient air quality ozone 

concentrations is less than or equal to 

0.075 ppm. See 40 CFR 50.15. Ambient 

air quality monitoring data for the 3- 

year period must meet a data 

completeness requirement. The ambient 

air quality monitoring data 

completeness requirement is met when 

the average percent of days with valid 

ambient monitoring data is equal to or 

greater than 90 percent, and no single 

year has less than 75 percent data 

completeness as determined in 

Appendix P of part 50. 

Upon promulgation of a new or 

revised NAAQS, the CAA requires EPA 

to designate as nonattainment any area 

that is violating the NAAQS, based on 

the three most recent years of complete, 

quality assured, and certified ambient 

air quality data at the conclusion of the 

designation process. The BRNA was 

designated nonattainment for the 2008 

ozone NAAQS on May 21, 2012 

(effective July 20, 2012) using 2008– 

2010 ambient air quality data. See 77 FR 

30088 (May 21, 2012). At the time of 

designation, the BRNA was classified as 

a marginal nonattainment area for the 

2008 ozone NAAQS. In the final 

implementation rule for the 2008 ozone 

NAAQS (SIP Implementation Rule),2

EPA established ozone nonattainment 

area attainment dates based on Table 1 

of section 181(a) of the CAA. This rule 

established an attainment date three 

years after the July 20, 2012, effective 

date of designation for areas classified 

as marginal for the 2008 ozone 

nonattainment designations.3 Therefore, 

the BRNA’s attainment date was July 20, 

2015. 

III. What are the criteria for 

redesignation? 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) of the CAA allows for 

redesignation providing that: (1) The 

Administrator determines that the area 

has attained the applicable NAAQS; (2) 

the Administrator has fully approved 

the applicable implementation plan for 

the area under section 110(k); (3) the 

Administrator determines that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable SIP 

and applicable Federal air pollutant 

control regulations and other permanent 

and enforceable reductions; (4) the 

Administrator has fully approved a 

maintenance plan for the area as 

meeting the requirements of section 


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175A; and, (5) the state containing such 

area has met all requirements applicable 

to the area for purposes of redesignation 

under section 110 and part D of the 

CAA. 

On April 16, 1992, EPA provided 

guidance on redesignation in the 

General Preamble for the 

Implementation of title I of the CAA 

Amendments of 1990 (57 FR 13498), 

and supplemented this guidance on 

April 28, 1992 (57 FR 18070). EPA has 

provided further guidance on processing 

redesignation requests in the following 

documents: 

1. ‘‘Ozone and Carbon Monoxide Design 

Value Calculations,’’ Memorandum from 

Bill Laxton, Director, Technical Support 

Division, June 18, 1990; 

2. ‘‘Maintenance Plans for Redesignation of 

Ozone and Carbon Monoxide 

Nonattainment Areas,’’ Memorandum 

from G.T. Helms, Chief, Ozone/Carbon 

Monoxide Programs Branch, April 30, 

1992; 

3. ‘‘Contingency Measures for Ozone and 

Carbon Monoxide (CO) Redesignations,’’ 

Memorandum from G.T. Helms, Chief, 

Ozone/Carbon Monoxide Programs 

Branch, June 1, 1992; 

4. ‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’ 

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, September 4, 1992 (hereafter 

referred to as the ‘‘Calcagni 

Memorandum’’); 

5. ‘‘State Implementation Plan (SIP) Actions 

Submitted in Response to Clean Air Act 

(CAA) Deadlines,’’ Memorandum from 

John Calcagni, Director, Air Quality 

Management Division, October 28, 1992; 

6. ‘‘Technical Support Documents (TSDs) for 

Redesignation of Ozone and Carbon 

Monoxide (CO) Nonattainment Areas,’’ 

Memorandum from G.T. Helms, Chief, 

Ozone/Carbon Monoxide Programs 

Branch, August 17, 1993; 

7. ‘‘State Implementation Plan (SIP) 

Requirements for Areas Submitting 

Requests for Redesignation to 

Attainment of the Ozone and Carbon 

Monoxide (CO) National Ambient Air 

Quality Standards (NAAQS) On or After 

November 15, 1992,’’ Memorandum from 

Michael H. Shapiro, Acting Assistant 

Administrator for Air and Radiation, 

September 17, 1993; 

8. ‘‘Use of Actual Emissions in Maintenance 

Demonstrations for Ozone and CO 

Nonattainment Areas,’’ Memorandum 

from D. Kent Berry, Acting Director, Air 

Quality Management Division, 

November 30, 1993; 

9. ‘‘Part D New Source Review (Part D NSR) 

Requirements for Areas Requesting 

Redesignation to Attainment,’’ 

Memorandum from Mary D. Nichols, 

Assistant Administrator for Air and 

Radiation, October 14, 1994; and 

10. ‘‘Reasonable Further Progress, Attainment 

Demonstration, and Related 

Requirements for Ozone Nonattainment 

Areas Meeting the Ozone National 

Ambient Air Quality Standard,’’ 

Memorandum from John S. Seitz, 

Director, Office of Air Quality Planning 

and Standards, May 10, 1995. 

IV. Why is EPA proposing these 

actions? 

On May 2, 2016, the State of 

Louisiana, through the Louisiana 

Department of Environmental Quality 

(LDEQ), requested that EPA redesignate 

the BRNA to attainment for the 2008 

ozone NAAQS. EPA’s evaluation 

indicates that the entire BRNA has 

attained the 2008 ozone NAAQS, and 

that the BRNA meets the requirements 

for redesignation as set forth in section 

107(d)(3)(E), including the maintenance 

plan requirements under section 175A 

of the CAA. As a result, EPA is 

proposing to take the three related 

actions summarized in section I of this 

notice. 

V. What is EPA’s analysis of the 

request? 

Our analysis of the State’s request 

with respect to the five redesignation 

criteria provided under CAA section 

107(d)(3)(E) is discussed in the 

following paragraphs of this section. 

Criteria (1)—The BRNA has attained 

the 2008 ozone NAAQS. 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the area has 

attained the applicable NAAQS (CAA 

section 107(d)(3)(E)(i)). For ozone, an 

area may be considered to be attaining 

the 2008 ozone NAAQS if it meets the 

2008 ozone NAAQS, as determined in 

accordance with 40 CFR 50.15 and 

Appendix P of part 50, based on three 

complete, consecutive calendar years of 

quality-assured air quality monitoring 

data. To attain the 2008 ozone NAAQS, 

the 3-year average of the fourth-highest 

daily maximum average ozone 

concentrations measured at each 

monitor within an area over each year 

must not exceed 0.075 ppm. Based on 

the data handling and reporting 

convention described in 40 CFR part 50, 

Appendix P, the 2008 ozone NAAQS are 

attained if the design value is 0.075 ppm 

or below. The data must be collected 

and quality-assured in accordance with 

40 CFR part 58 and recorded in the EPA 

Air Quality System (AQS). The monitors 

generally should have remained at the 

same location for the duration of the 

monitoring period required for 

demonstrating attainment. 

EPA is proposing to determine that 

the BRNA is continuing to attain the 

2008 ozone NAAQS. EPA reviewed 

ozone monitoring data from monitoring 

stations in the BRNA for the 2008 8- 

hour ozone NAAQS for 2011–2015, and 

the design values for each monitor in 

the Area are less than 0.075 ppm. These 

data have been quality-assured, are 

recorded in AQS, and indicate that the 

Area is attaining the 2008 ozone 

NAAQS. The fourth-highest 8-hour 

ozone values at each monitor for 2011, 

2012, 2013, 2014, 2015, and the 3-year 

averages of these values (i.e., design 

values), are summarized in Table 1, 

below. 

TABLE 1—2011–2015 DESIGN VALUE CONCENTRATIONS FOR THE BRNA 

Site 

4th Highest 8-hour ozone value 

(ppm) 

3-Year design values 

(ppm) 

2011 2012 2013 2014 2015 2011–2013 2012–2014 2013–2015 

Plaquemine ...................... 0.079 0.074 0.061 0.061 0.069 0.071 0.065 0.063 

Carville ............................. 0.084 0.073 0.068 0.068 0.075 0.075 0.069 0.070 

Dutchtown ........................ 0.080 0.071 0.062 0.069 0.074 0.071 0.067 0.068 

LSU .................................. 0.083 0.075 0.067 0.075 0.073 0.075 0.072 0.071 

Port Allen ......................... 0.074 0.070 0.060 0.066 0.066 0.068 0.065 0.064 

Pride ................................. 0.075 0.070 0.062 0.068 0.062 0.069 0.066 0.064 

French Settlement ............ 0.077 0.071 0.069 0.073 0.070 0.072 0.071 0.070 

Capitol .............................. 0.080 0.072 0.066 0.070 0.069 0.072 0.069 0.068 


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4The monitor with the highest 3-year design 

value is considered the design value for the BRNA. 

The 3-year design value for 2011– 

2013 for the BRNA is 0.075 ppm,4

which meets the 2008 ozone NAAQS. 

Further, quality assured data shows the 

2012–2014 design value for the BRNA 

has decreased to 0.072 ppm and the 

2013–2015 design value for the BRNA 

has decreased to 0.071 ppm. In today’s 

action, EPA is proposing to determine 

that the BRNA is continuing to attain 

the 2008 ozone NAAQS. EPA will not 

take final action to approve the 

redesignation if the 3-year design value 

exceeds the NAAQS prior to EPA 

finalizing the redesignation. As 

discussed in more detail below, the 

State of Louisiana has committed to 

continue monitoring in this Area in 

accordance with 40 CFR part 58. 

Criteria (2)—Louisiana has a fully 

approved SIP under section 110(k) for 

the BRNA; and Criteria (5)—Louisiana 

has met all applicable requirements 

under section 110 and part D of title I 

of the CAA. 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the state has met 

all applicable requirements under 

section 110 and part D of title I of the 

CAA (CAA section 107(d)(3)(E)(v)) and 

that the state has a fully approved SIP 

under section 110(k) for the area (CAA 

section 107(d)(3)(E)(ii)). EPA proposes 

to find that Louisiana has met all 

applicable SIP requirements for the 

BRNA under section 110 of the CAA 

(general SIP requirements) for purposes 

of redesignation. Additionally, EPA 

proposes to find that the Louisiana SIP 

satisfies the criterion that it meets 

applicable SIP requirements for 

purposes of redesignation under part D 

of title I of the CAA in accordance with 

section 107(d)(3)(E)(v). Further, EPA 

proposes to determine that the SIP is 

fully approved with respect to all 

requirements applicable for purposes of 

redesignation in accordance with 

section 107(d)(3)(E)(ii). In making these 

determinations, EPA ascertained which 

requirements are applicable to the Area 

and, if applicable, that they are fully 

approved under section 110(k). SIPs 

must be fully approved only with 

respect to requirements that were 

applicable prior to submittal of the 

complete redesignation request. See 

Sierra Club v. EPA, 375 F.3d 537 (7th 

Cir. 2004). See also 68 FR 25424, 25427 

(May 12, 2003) (redesignation of St. 

Louis, Missouri); September 4, 1992 

Calcagni memorandum; September 17, 

1993 Michael Shapiro memorandum, 

and 60 FR 12459, 12465–66 (March 7, 

1995) (redesignation of Detroit–Ann 

Arbor, MI). 

a. The BRNA Has Met All Applicable 

Requirements Under Section 110 and 

Part D of the CAA 

General SIP requirements. General SIP 

elements and requirements are 

delineated in section 110(a)(2) of title I, 

part A of the CAA. These requirements 

include, but are not limited to, the 

following: Submittal of a SIP that has 

been adopted by the state after 

reasonable public notice and hearing; 

provisions for establishment and 

operation of appropriate procedures 

needed to monitor ambient air quality; 

implementation of a source permit 

program; provisions for the 

implementation of part C requirements 

(Prevention of Significant Deterioration 

(PSD)) and provisions for the 

implementation of part D requirements 

(Nonattainment NSR permit programs); 

provisions for air pollution modeling; 

and provisions for public and local 

agency participation in planning and 

emission control rule development. 

Section 110(a)(2)(D) requires that SIPs 

contain certain measures to prevent 

sources in a state from significantly 

contributing to air quality problems in 

another state. To implement this 

provision, EPA has required certain 

states to establish programs to address 

the interstate transport of air pollutants. 

The section 110(a)(2)(D) requirements 

for a state are not linked with a 

particular nonattainment area’s 

designation and classification in that 

state. EPA believes that the 

requirements linked with a particular 

nonattainment area’s designation and 

classifications are the relevant measures 

to evaluate in reviewing a redesignation 

request. The transport SIP submittal 

requirements, where applicable, 

continue to apply to a state regardless of 

the designation of any one particular 

area in the state. Thus, EPA does not 

believe that the CAA’s interstate 

transport requirements should be 

construed to be applicable requirements 

for purposes of redesignation. See 75 FR 

2091, January 14, 2010. 

In addition, EPA believes other 

section 110 elements that are neither 

connected with nonattainment plan 

submissions nor linked with an area’s 

attainment status are applicable 

requirements for purposes of 

redesignation. The area will still be 

subject to these requirements after the 

area is redesignated. The section 110 

and part D requirements that are linked 

with a particular area’s designation and 

classification are the relevant measures 

to evaluate in reviewing a redesignation 

request. This approach is consistent 

with EPA’s existing policy on 

applicability (i.e., for redesignations) of 

conformity and oxygenated fuels 

requirements, as well as with section 

184 ozone transport requirements. See 

Reading, Pennsylvania, proposed and 

final rulemakings (61 FR 53174, October 

10, 1996), (62 FR 24826, May 7, 1997); 

Cleveland-Akron-Loraine, Ohio, final 

rulemaking (61 FR 20458, May 7, 1996); 

and Tampa, Florida, final rulemaking 

(60 FR 62748, December 7, 1995). See 

also the discussion on this issue in the 

Cincinnati, Ohio, redesignation (65 FR 

37890, June 19, 2000), and in the 

Pittsburgh, Pennsylvania, redesignation 

(66 FR 50399, October 19, 2001). 

Title I, Part D, applicable SIP 

requirements. Section 172(c) of the CAA 

sets forth the basic requirements of 

attainment plans for nonattainment 

areas that are required to submit them 

pursuant to section 172(b). Subpart 2 of 

part D, which includes section 182 of 

the CAA, establishes specific 

requirements for ozone nonattainment 

areas depending on the area’s 

nonattainment classification. As 

provided in Subpart 2, the specific 

requirements of section 182(a) apply in 

lieu of the demonstration of attainment 

(and contingency measures) required by 

section 172(c). 42 U.S.C. 7511a(a). A 

thorough discussion of the requirements 

contained in sections 172(c) and 182 

can be found in the General Preamble 

for Implementation of Title I (57 FR 

13498, April 16, 1992). 

Section 182(a) Requirements. Section 

182(a)(1) requires states to submit a 

comprehensive, accurate, and current 

inventory of actual emissions from 

sources of VOC and NOX emitted within 

the boundaries of the ozone 

nonattainment area. Louisiana provided 

an emissions inventory for the BRNA to 

EPA in this SIP submission. On July 5, 

2016, EPA published a direct final rule 

to approve this emissions inventory into 

the SIP. See 81 FR 43490. 

Under section 182(a)(2)(A), states 

with ozone nonattainment areas that 

were designated prior to the enactment 

of the 1990 CAA amendments were 

required to submit, within six months of 

classification, all rules and corrections 

to existing VOC reasonably available 

control technology (RACT) that were 

required under section 172(b)(3) of the 

CAA (and related guidance) prior to the 

1990 CAA amendments. The BRNA is 

subject to the section 182(a)(2) RACT 

‘‘fix up’’ and has been approved (59 FR 

23166, May 5, 1994). 

Section 182(a)(2)(B) requires each 

state with a marginal ozone 

nonattainment area that implemented, 

or was required to implement, an 

inspection and maintenance (I/M) 


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5CAA section 176(c)(4)(E) requires states to 

submit revisions to their SIPs to reflect certain 

Federal criteria and procedures for determining 

transportation conformity. Transportation 

conformity SIPs are different from the MVEBs that 

are established in control strategy SIPs and 

maintenance plans. 

6Louisiana also identified Tier 3 Motor Vehicle 

Emissions and Fuel Standards as a federal measure. 

EPA issued this rule in April 28, 2014, which 

applies to light duty passenger cars and trucks. EPA 

promulgated this rule to reduce air pollution from 

new passenger cars and trucks beginning in 2017. 

Tier 3 emission standards will lower sulfur content 

of gasoline and lower the emissions standards. 

program prior to the 1990 CAA 

amendments to submit a SIP revision 

providing for an I/M program no less 

stringent than that required prior to the 

1990 CAA amendments or already in 

the SIP at the time of the amendments, 

whichever is more stringent. The BRNA 

is subject to the section 182(a)(2)(B) and 

does have an approved I/M program (71 

FR 66113, November 13, 2006). 

Regarding the permitting and offset 

requirements of section 182(a)(2)(C) and 

section 182(a)(4), Louisiana does have 

an approved part D NSR program in 

place (62 FR 52948, October 10, 1997). 

However, EPA has determined that 

areas being redesignated need not 

comply with the requirement that a NSR 

program be approved prior to 

redesignation, provided that the area 

demonstrates maintenance of the 

NAAQS without part D NSR, because 

PSD requirements will apply after 

redesignation. A more detailed rationale 

for this view is described in a 

memorandum from Mary Nichols, 

Assistant Administrator for Air and 

Radiation, dated October 14, 1994, 

entitled, ‘‘Part D New Source Review 

Requirements for Areas Requesting 

Redesignation to Attainment.’’ 

Louisiana’s PSD program will 

automatically become applicable in the 

BRNA upon redesignation to 

attainment. See Louisiana Regulations 

Title 33, Part III, Chapter 5, section 504 

that is part of the SIP. 

Section 182(a)(3) requires states to 

submit periodic inventories and 

emissions statements. Section 

182(a)(3)(A) requires states to submit a 

periodic inventory every three years. As 

discussed below in the section of this 

notice titled Criteria (4)(e), Verification 

of Continued Attainment, the State will 

continue to update its emissions 

inventory at least once every three 

years. Under section 182(a)(3)(B), each 

state with an ozone nonattainment area 

must submit a SIP revision requiring 

emissions statements to be submitted to 

the state by sources within that 

nonattainment area. Louisiana provided 

a SIP revision to EPA on March 3, 1993, 

addressing the section 182(a)(3)(B) 

emissions statements requirement, and 

on January 6, 1995, EPA published a 

final rule to approve this SIP revision. 

See 60 FR 2014. 

Section 176 Conformity 

Requirements. Section 176(c) of the 

CAA requires states to establish criteria 

and procedures to ensure that federally 

supported or funded projects conform to 

the air quality planning goals in the 

applicable SIP. The requirement to 

determine conformity applies to 

transportation plans, programs, and 

projects that are developed, funded, or 

approved under title 23 of the United 

States Code and the Federal Transit Act 

(transportation conformity) as well as to 

all other federally supported or funded 

projects (general conformity). State 

transportation conformity SIP revisions 

must be consistent with Federal 

conformity regulations relating to 

consultation, enforcement, and 

enforceability that EPA promulgated 

pursuant to its authority under the CAA. 

EPA interprets the conformity SIP 

requirements 5 as not applying for 

purposes of evaluating a redesignation 

request under section 107(d) because 

state conformity rules are still required 

after redesignation and Federal 

conformity rules apply where state rules 

have not been approved. See Wall v. 

EPA, 265 F.3d 426 (6th Cir. 2001) 

(upholding this interpretation); see also 

60 FR 62748 (December 7, 1995) 

(redesignation of Tampa, Florida). 

Nonetheless, Louisiana has an approved 

conformity SIP. See 71 FR 63247 

(October 30, 2006). EPA proposes that 

the BRNA has satisfied all applicable 

requirements for purposes of 

redesignation under section 110 and 

part D of title I of the CAA. 

b. The BRNA has a fully approved 

applicable SIP under section 110(k) of 

the CAA. 

EPA has fully approved the applicable 

Louisiana SIP for the BRNA under 

section 110(k) of the CAA for all 

requirements applicable for purposes of 

redesignation. EPA may rely on prior 

SIP approvals in approving a 

redesignation request (see Calcagni 

Memorandum at p. 3; Southwestern 

Pennsylvania Growth Alliance v. 

Browner, 144 F.3d 984, 989–90 (6th Cir. 

1998); Wall, 265 F.3d 426) plus any 

additional measures it may approve in 

conjunction with a redesignation action 

(see 68 FR 25426, May 12, 2003, and 

citations therein). Louisiana has 

adopted and submitted, and EPA has 

fully approved at various times, 

provisions addressing the various SIP 

elements applicable for the ozone 

NAAQS. See e.g. 76 FR 74000, 

November 15, 2011. 

As indicated above, EPA believes that 

the section 110 elements that are neither 

connected with nonattainment plan 

submissions nor linked to an area’s 

nonattainment status are not applicable 

requirements for purposes of 

redesignation. EPA has approved all 

part D requirements applicable for 

purposes of this redesignation. 

Criteria (3)—The air quality 

improvement in the BRNA is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the SIP and 

applicable Federal air pollution control 

regulations and other permanent and 

enforceable reductions. 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the air quality 

improvement in the area is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the SIP, applicable 

Federal air pollution control 

regulations, and other permanent and 

enforceable reductions (CAA section 

107(d)(3)(E)(iii)). EPA has preliminarily 

determined that Louisiana has 

demonstrated that the observed air 

quality improvement in the BRNA is 

due to permanent and enforceable 

reductions in emissions resulting from 

Federal measures and from state 

measures adopted into the SIP. EPA 

does not have any information to 

suggest that the decrease in ozone 

concentrations in the BRNA is due to 

unusually favorable meteorological 

conditions. 

Federal measures enacted in recent 

years have resulted in permanent 

emission reductions. Most of these 

emission reductions are enforceable 

through regulations. The Federal 

measures that have been implemented 

include the following: 

Tier 2 vehicle and fuel standards. 

Implementation began in 2004 in phases 

and requires all passenger vehicles in 

any manufacturer’s fleet to meet an 

average standard of 0.07 grams of NOX

per mile. In January 2006 the sulfur 

content of gasoline was required to be 

on average 30 ppm which assists in 

lowering the NOX emissions (65 FR 

6698, February 10, 2000).6

Large non-road diesel engines rule. 

This rule was promulgated in 2004, and 

was phased in between 2008 through 

2014 (69 FR 38958, June 29, 2004). This 

rule reduces the sulfur content in the 

nonroad diesel fuel, and also reduces 

NOX, VOC, particulate matter, and 

carbon monoxide emissions. These 

emission reductions are federally 

enforceable. This rule applies to diesel 

engines used in industries, such as 


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7 66 FR 5002, 5012 (January 18, 2001). 

8Procedures for Processing Requests to 

Redesignate Areas to Attainment, Memorandum 

from John Calcagni, Director, Air Quality 

Management Division, September 4, 1992. 

construction, agriculture, and mining. It 

is estimated that compliance with this 

rule will cut NOX emissions from nonroad diesel engines by up to 90 percent 

nationwide. 

Heavy-duty gasoline and diesel 

highway vehicle standards. EPA issued 

this rule in January 2001 (66 FR 5002). 

This rule includes standards limiting 

the sulfur content of diesel fuel, which 

went into effect in 2004. A second phase 

of the rule took effect in 2007, which 

further reduced the highway diesel fuel 

sulfur content to 15 ppm, leading to 

additional reductions in combustion 

NOX and VOC emissions. EPA expects 

that this rule will achieve a 95 percent 

reduction in NOX emissions from diesel 

trucks and buses and will reduce NOX

emissions by 2.6 million tons by 2030 

when the heavy-duty vehicle fleet is 

completely replaced with newer heavyduty vehicles that comply with these 

emission standards.7

Nonroad spark-ignition engines and 

recreational engines standards. The 

nonroad spark-ignition and recreational 

engine standards, effective in January 

2003, regulate NOX, hydrocarbons, and 

carbon monoxide from groups of 

previously unregulated nonroad engines 

(67 FR 68242, November 8, 2002). These 

engine standards apply to large sparkignition engines (e.g., forklifts and 

airport ground service equipment), 

recreational vehicles (e.g., off-highway 

motorcycles and all-terrain-vehicles), 

and recreational marine diesel engines 

sold in the United States and imported 

after the effective date of these 

standards. When all of the nonroad 

spark-ignition and recreational engine 

standards are fully implemented, an 

overall 72 percent reduction in 

hydrocarbons, 80 percent reduction in 

NOX, and 56 percent reduction in 

carbon monoxide emissions are 

expected by 2020. These controls reduce 

ambient concentrations of ozone, carbon 

monoxide, and fine particulate matter. 

National program for greenhouse gas 

(GHG) emissions and fuel economy 

standards. The federal GHG and fuel 

economy standards apply to light-duty 

cars and trucks in model years 2012– 

2016 (phase 1) (75 FR 25324, May 7, 

2010) and 2017–2025 (phase 2) 

(proposed at 80 FR 40138, July 13, 

2015). The final standards are projected 

to result in an average industry fleetwide level of 163 grams/mile of carbon 

dioxide which is equivalent to 54.5 

miles per gallon if achieved exclusively 

through fuel economy improvements. 

The fuel economy standards result in 

less fuel being consumed, and therefore 

less NOX emissions released. 

Point Sources. In the submittal 

Louisiana noted their adoption of a NOX

control rule that was approved by EPA 

(76 FR 38977, July 5, 2011). 

Additionally, we note that RACT 

controls were implemented in the area 

for the 1997 ozone NAAQS (76 FR 

74000, November 30, 2011 and 76 FR 

75467, December 2, 2011). 

Criteria (4)—The BRNA has a fully 

approved maintenance plan pursuant to 

section 175A of the CAA. 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the area has a 

fully approved maintenance plan 

pursuant to section 175A of the CAA 

(CAA section 107(d)(3)(E)(iv)). In 

conjunction with its request to 

redesignate the BRNA to attainment for 

the 2008 ozone NAAQS, LDEQ 

submitted a SIP revision to provide for 

the maintenance of the 2008 ozone 

NAAQS for at least 10 years after the 

effective date of redesignation to 

attainment. EPA believes that this 

maintenance plan meets the 

requirements for approval under section 

175A of the CAA. 

a. What is required in a maintenance 

plan? 

Section 175A of the CAA sets forth 

the elements of a maintenance plan for 

areas seeking redesignation from 

nonattainment to attainment. Under 

section 175A, the plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least 10 

years after the Administrator approves a 

redesignation to attainment. Eight years 

after the redesignation, the state must 

submit a revised maintenance plan 

demonstrating that attainment will 

continue to be maintained for the 10 

years following the initial 10-year 

period. To address the possibility of 

future NAAQS violations, the 

maintenance plan must contain 

contingency measures as necessary to 

assure prompt correction of any future 

violations of the 2008 ozone NAAQS. 

The Calcagni Memorandum provides 

further guidance on the content of a 

maintenance plan, explaining that a 

maintenance plan should address five 

requirements: The attainment emissions 

inventory, maintenance demonstration, 

monitoring, verification of continued 

attainment, and a contingency plan.8 As 

is discussed more fully below, EPA is 

proposing to determine that Louisiana’s 

maintenance plan includes all the 

necessary components and is thus 

proposing to approve it as a revision to 

the Louisiana SIP. 

b. Attainment Emissions Inventory 

EPA is proposing to determine that 

the BRNA has attained the 2008 ozone 

NAAQS based on quality-assured 

monitoring data for the 3-year period 

from 2011–2013, and is continuing to 

attain the standard based on 2012–2014 

and 2013–2015 data. Louisiana selected 

2011 as the base year (i.e., attainment 

emissions inventory year) for 

developing a comprehensive emissions 

inventory for NOx and VOC, for which 

projected emissions could be developed 

for 2022 and 2027. The attainment 

inventory identifies a level of emissions 

in the Area that is sufficient to attain the 

2008 ozone NAAQS. Louisiana began 

development of the attainment 

inventory by first generating a baseline 

emissions inventory for the State’s 

portion of the BRNA. The projected 

emission inventories have been 

estimated using projected rates of 

growth in population, traffic, economic 

activity, and other parameters. In 

addition to comparing the final year of 

the plan (2027) to the base year (2011), 

Louisiana compared an interim year to 

the baseline to demonstrate that this 

year is also expected to show continued 

maintenance of the 2008 ozone 

standard. 

The emissions inventory is composed 

of four major types of sources: nonroad, 

onroad, nonpoint and point. The 

complete descriptions of how the 

inventories were developed are 

discussed in the Appendix F and 

Appendix K of the May 2, 2016, 

submittal, which can be found in the 

docket for this action. The 2011 NOx 

and VOC emissions for the BRNA, as 

well as the emissions for other years, 

were developed consistent with EPA 

guidance and are summarized in Table 

2 of the following subsection discussing 

the maintenance demonstration. 

c. Maintenance Demonstration 

The maintenance plan associated with 

the redesignation request includes a 

maintenance demonstration that: 

(i) Shows compliance with and 

maintenance of the 2008 ozone NAAQS 

by providing information to support the 

demonstration that current and future 

emissions of NOx and VOC remain at or 

below 2011 emissions levels. 

(ii) Uses 2011 as the attainment year 

and includes future emissions inventory 

projections for 2022 and 2027. 

(iii) Identifies an ‘‘out year’’ at least 10 

years after the time necessary for EPA to 

review and approve the maintenance 

plan. Per 40 CFR part 93, NOx and VOC 


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MVEBs were established for 2022 and 

2027 (see section VII below). 

(iv) Provides actual (2011) and 

projected emissions inventories, in tons 

per day (tpd), for the BRNA, as shown 

in Table 2, below. 

On July 5, 2016, we approved the 

BRNA 2011 Base Year Emissions 

Inventory (EI) for the 2008 8 Hour 

NAAQS. See 81 FR 43490. LDEQ 

developed projected EIs for the years 

2022 and 2027 using the 2011 EI (Table 

2). The projected emissions for 2022 and 

2027 indicate that ozone precursor 

emissions in the BRNA will remain 

below those in the attainment year 

inventory for the duration of the 

maintenance plan. While LDEQ 

projected an increase in NOx and VOC 

emissions from the nonpoint source 

sector, they projected that the increases 

from this sector would be offset from 

reductions in the nonroad mobile and 

onroad mobile source sectors. LDEQ 

will compare emission inventory data 

submitted to the National Emission 

Inventory with the emission growth data 

submitted in the maintenance plan to 

ensure emission reductions (from all 

sources, collectively) continue the 

downward trend considering all 

emission sources. 

TABLE 2—SUMMARY OF 2011 AND FUTURE NOX AND VOC EMISSIONS (TPD) FOR THE BRNA 

Sector 

2011 2022 2027 D 2011–2027 

NOX VOC NOX VOC NOX VOC NOX VOC 

Nonpoint ....................................................................................... 17.1 82.6 17.9 90.5 17.9 92.7 0.8 10.1 

Nonroad ....................................................................................... 27.3 8.7 12.6 6.5 15.2 6.1 ¥12.1 ¥2.6 

Onroad ......................................................................................... 38.4 19.2 14.4 13.0 11.0 11.4 ¥27.4 ¥7.8 

Point ............................................................................................. 74.2 33.6 74.2 33.6 74.2 33.6 0.0 0.0 

Total ...................................................................................... 157.0 144.0 119.0 143.5 118.2 143.6 ¥38.8 ¥0.4 

d. Monitoring Network 

There currently are 8 monitors 

measuring ozone in the BRNA. The 

State of Louisiana, through LDEQ, has 

committed to continue operation of the 

monitors in the BRNA throughout the 

maintenance period in compliance with 

40 CFR part 58. 

e. Verification of Continued Attainment 

The State of Louisiana, through 

LDEQ, has the legal authority to enforce 

and implement the maintenance plan 

for the BRNA. This includes the 

authority to adopt, implement, and 

enforce any subsequent emissions 

control contingency measures 

determined to be necessary to correct 

future ozone attainment problems. 

LDEQ will track the progress of the 

maintenance plan through continued 

ambient ozone monitoring in 

accordance with the requirements of 40 

CFR part 58, and by performing future 

reviews of actual emissions from all 

sources in the area using the latest 

emissions factors, models, and 

methodologies. LDEQ will work with 

EPA to ensure that the air monitoring 

network continues to be effective and 

will quality assure the data according to 

Federal requirements as one way to 

verify continued attainment. 

Additionally, under the Air Emissions 

Reporting Requirements (AERR), LDEQ 

is required to develop a comprehensive, 

annual, statewide emissions inventory 

every three years that is due twelve to 

eighteen months after the completion of 

the inventory year. As noted above, 

LDEQ will compare emission inventory 

data submitted to the National Emission 

Inventory with the emission growth data 

submitted in the maintenance plan to 

ensure emission reductions (from all 

sources, collectively) continue the 

downward trend. 

f. Contingency Measures in the 

Maintenance Plan 

Section 175A of the CAA requires that 

a maintenance plan include such 

contingency measures as EPA deems 

necessary to assure that the state will 

promptly correct a violation of the 

NAAQS that occurs after redesignation. 

The maintenance plan should identify 

the contingency measures to be adopted, 

a schedule and procedure for adoption 

and implementation, and a time limit 

for action by the state. A state should 

also identify specific indicators to be 

used to determine when the 

contingency measures need to be 

implemented. 

The contingency plan included in the 

submittal includes a triggering 

mechanism to determine when 

contingency measures are needed and a 

process of developing and 

implementing appropriate control 

measures. The trigger of the contingency 

plan will be a violation of the 2008 

ozone NAAQS (i.e., when the three-year 

average of the 4th highest values is 

equal to or greater than 0.075 ppm at a 

monitor in the Area). 

Once a trigger is activated, the LDEQ 

has committed to adopt additional 

measures, if LDEQ determines that the 

violations are caused by sources within 

the State, and to implement the 

measures as expeditiously as 

practicable, but no later than 24 months 

following the trigger. The following 

contingency measures are identified for 

possible implementation, but may not 

be limited to: 

• Extending the applicability of the 

state’s NOX control rule in LAC 

33:III.2202 to include the months of 

April and October each year (currently 

Chapter 22 applies from May 1 to 

September 30). This would assist in 

reducing incidences of high ozone days 

in the BRNA. In addition, the state will 

consider other measures such as 

lowering the NOX emission factors of 

LAC 33:III.2205.D and/or requiring more 

stringent monitoring of elevated flares, 

as well as measures targeting the 

following: 

• Diesel retrofit/replacement 

initiatives; 

• Programs or incentives to decrease 

motor vehicle use; 

• Implementation of fuel programs, 

including incentives for alternative 

fuels; 

• Employer-based transportation 

management plans; 

• Anti-backsliding ordinances; and 

• Programs to limit or restrict vehicle 

use in areas of high emissions 

concentration during periods of peak 

use. 

Given the substantial amount of 

industrial emissions in the BRNA, and 

the fact the Area’s ozone problem is 

mostly driven by NOX emissions, these 

potential contingency measures would 

be appropriate for adequately correcting 

an attainment problem. 

EPA proposes to conclude that the 

maintenance plan adequately addresses 

the five basic components of a 

maintenance plan: the attainment 

emissions inventory, maintenance 

demonstration, monitoring, verification 

of continued attainment, and a 


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contingency plan. Therefore, EPA 

proposes that the maintenance plan SIP 

revision submitted by Louisiana for the 

BRNA meets the requirements of section 

175A of the CAA and is approvable. 

VI. What is EPA’s analysis of 

louisiana’s proposed NOX and VOC 

MVEBs for the Baton Rouge Area? 

Under section 176(c) of the CAA, new 

transportation plans, programs, and 

projects, such as the construction of 

new highways, must ‘‘conform’’ to (i.e., 

be consistent with) the part of the state’s 

air quality plan that addresses pollution 

from cars and trucks. Conformity to the 

SIP means that transportation activities 

will not cause new air quality 

violations, worsen existing violations, or 

delay timely attainment of the NAAQS 

or any interim milestones. If a 

transportation plan does not conform, 

most new projects that would expand 

the capacity of roadways cannot go 

forward. Regulations at 40 CFR part 93 

set forth EPA policy, criteria, and 

procedures for demonstrating and 

assuring conformity of such 

transportation activities to a SIP. The 

regional emissions analysis is one, but 

not the only, requirement for 

implementing transportation 

conformity. Transportation conformity 

is a requirement for nonattainment and 

maintenance areas. Maintenance areas 

are areas that were previously 

nonattainment for a particular NAAQS 

but have since been redesignated to 

attainment with an approved 

maintenance plan for that NAAQS. 

Under the CAA, states are required to 

submit, at various times, control strategy 

SIPs and maintenance plans for 

nonattainment areas. These control 

strategy SIPs, including maintenance 

plans, create MVEBs for criteria 

pollutants and/or their precursors to 

address pollution from cars and trucks. 

Per 40 CFR part 93, a MVEB must be 

established for the last year of the 

maintenance plan. A state may adopt 

MVEBs for other years as well. The 

MVEB is the portion of the total 

allowable emissions in the maintenance 

demonstration that is allocated to 

highway and transit vehicle use and 

emissions. See 40 CFR 93.101. The 

MVEB serves as a ceiling on emissions 

from an area’s planned transportation 

system. The MVEB concept is further 

explained in the preamble to the 

November 24, 1993, Transportation 

Conformity Rule (58 FR 62188). The 

preamble also describes how to 

establish the MVEB in the SIP and how 

to revise the MVEB. 

As part of the interagency 

consultation process on setting MVEBs, 

LDEQ held discussions to determine 

what years to set MVEBs for the BRNA 

maintenance plan. According to the 

transportation conformity rule, a 

maintenance plan must establish 

MVEBs for the last year of the 

maintenance plan (in this case, 2027). 

See 40 CFR 93.118. Louisiana also 

provided MVEBs for 2022. Table 3 

below provides the NOX and VOC 

MVEBs in tpd for 2022 and 2027, as 

reflected in Section 9, Tables 9.1 and 9.2 

of the State’s submittal. 

TABLE 3—BATON ROUGE MVEBS

[tpd] 

Year NOX VOC 

2022 .................................. 14.37 13.19 

2027 .................................. 10.95 11.55 

Through this rulemaking, EPA is 

proposing to approve the MVEBs for 

NOX and VOC for 2022 and 2027 for the 

Baton Rouge Area because EPA believes 

that the Area maintains the 2008 ozone 

NAAQS with the emissions at the levels 

of the budgets. Once the MVEBs for the 

BRNA are approved, they must be used 

for future conformity determinations. 

VII. What is the status of EPA’s 

adequacy determination for the 

proposed NOX and VOC MVEBs for the 

BRNA? 

EPA found the BRNA MVEBs 

adequate for transportation conformity 

purposes effective July 14, 2016, see 81 

FR 42350 (June 29, 2016). The MVEB 

must be used by state and Federal 

agencies in determining whether 

proposed transportation projects 

conform to the SIP as required by 

section 176(c) of the CAA. 

EPA’s substantive criteria for 

determining adequacy of a MVEB are set 

out in 40 CFR 93.118(e)(4). The process 

for determining adequacy consists of 

three basic steps: public notification of 

a SIP submission, a public comment 

period, and EPA’s adequacy 

determination. This process for 

determining the adequacy of submitted 

MVEBs for transportation conformity 

purposes was initially outlined in EPA’s 

May 14, 1999, guidance, ‘‘Conformity 

Guidance on Implementation of March 

2, 1999, Conformity Court Decision.’’ 

EPA adopted regulations to codify the 

adequacy process in the Transportation 

Conformity Rule Amendments for the 

‘‘New 8-Hour Ozone and PM2.5 National 

Ambient Air Quality Standards and 

Miscellaneous Revisions for Existing 

Areas; Transportation Conformity Rule 

Amendments—Response to Court 

Decision and Additional Rule Change,’’ 

on July 1, 2004 (69 FR 40004). 

Additional information on the adequacy 

process for transportation conformity 

purposes is available in the proposed 

rule entitled, ‘‘Transportation 

Conformity Rule Amendments: 

Response to Court Decision and 

Additional Rule Changes,’’ 68 FR 38974, 

38984 (June 30, 2003). 

VIII. What is the effect of EPA’s 

proposed actions? 

EPA’s proposed actions establish the 

basis upon which EPA may take final 

action on the issues being proposed for 

approval today. Approval of Louisiana’s 

redesignation request would change the 

legal designation of the BRNA as found 

at 40 CFR part 81, from nonattainment 

to attainment for the 2008 ozone 

NAAQS. Approval of Louisiana’s 

associated SIP revision would also 

incorporate a plan for maintaining the 

2008 ozone NAAQS in the BRNA 

through 2027 into the SIP. This 

maintenance plan includes contingency 

measures to remedy any future 

violations of the 2008 ozone NAAQS 

and procedures for evaluation of 

potential violations. The maintenance 

plan also establishes NOx and VOC 

MVEBs for 2022 and 2027 for the Baton 

Rouge Area. The MVEBs are listed in 

Table 5 in section VI. Additionally, EPA 

is notifying the public of the status of 

EPA’s adequacy determination for the 

newly-established NOx and VOC 

MVEBs for 2022 and 2027 for the Baton 

Rouge Area. 

IX. Proposed Actions 

EPA is proposing three separate but 

related actions regarding the 

redesignation and maintenance of the 

2008 ozone NAAQS for the BRNA. EPA 

is proposing to determine that the 

BRNA is attaining the 2008 ozone 

NAAQS. EPA is also proposing to 

approve the maintenance plan for the 

BRNA, including the NOX and VOC 

MVEBs for 2022 and 2027, into the 

Louisiana SIP (under CAA section 

175A). The maintenance plan 

demonstrates that the Area will 

continue to maintain the 2008 ozone 

NAAQS through 2027 and that the 

budgets meet all of the adequacy criteria 

contained in 40 CFR 93.118(e)(4) and 

(5). Further, as part of today’s action, 

EPA is describing the status of its 

adequacy determination for the NOX

and VOC MVEBs for 2022 and 2027 in 

accordance with 40 CFR 93.118(f)(2). 

Within 24 months from the effective 

date of EPA’s adequacy determination 

for the MVEBs or the publication date 

for the final rule for this action, 

whichever is earlier, the transportation 

partners will need to demonstrate 

conformity to the new NOX and VOC 

MVEBs pursuant to 40 CFR 93.104(e)(3). 


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Additionally, EPA is proposing to 

determine that the BRNA has met the 

criteria under CAA section 107(d)(3)(E) 

for redesignation from nonattainment to 

attainment for the 2008 ozone NAAQS. 

On this basis, EPA is proposing to 

approve Louisiana’s redesignation 

request for the BRNA. If finalized, 

approval of the redesignation request 

would change the official designation of 

the portion of BRNA, as found at 40 CFR 

part 81, from nonattainment to 

attainment for the 2008 ozone NAAQS. 

X. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 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, these proposed 

actions merely propose to approve state 

law as meeting Federal requirements 

and do not impose additional 

requirements beyond those imposed by 

state law. For this reason, these 

proposed actions: 

• Are not a significant regulatory 

action subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• are 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.); 

• do 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); 

• do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• are 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 

• do 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 and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control. 

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

Dated: October 27, 2016. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2016–26584 Filed 11–3–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 494 

[CMS–3334–P] 

RIN 0938–AS94 

Medicare and Medicaid Programs; Fire 

Safety Requirements for Certain 

Dialysis Facilities 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

update fire safety standards for 

Medicare and Medicaid participating 

ESRD facilities, adopt the 2012 edition 

of the Life Safety Code and eliminate 

references in our regulations to all 

earlier editions of the Life Safety Code 

and adopt the 2012 edition of the Health 

Care Facilities Code, with some 

exceptions. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses provided below, no later 

than 5 p.m. on January 3, 2017. 

ADDRESSES: In commenting, please refer 

to file code CMS–3334–P. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

four ways (please choose only one of the 

ways listed): 

1. Electronically. You may submit 

electronic comments on this regulation 

to http://www.regulations.gov. Follow 

the ‘‘Submit a comment’’ instructions. 

2. By regular mail. You may mail 

written comments to the following 

address ONLY: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–3334–P, P.O. Box 8010, Baltimore, 

MD 21244–8010. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By express or overnight mail. You 

may send written comments to the 

following address ONLY: Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services, Attention: CMS–3334–P, Mail 

Stop C4–26–05, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

4. By hand or courier. Alternatively, 

you may deliver (by hand or courier) 

your written comments ONLY to the 

following addresses prior to the close of 

the comment period: 


rmajette on DSK2TPTVN1PROD with PROPOSALS