[Federal Register Volume 74, Number 170 (Thursday, September 3, 2009)]
[Rules and Regulations]
[Pages 45561-45564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21188]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-1064; FRL-8952-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Louisiana; Emissions Inventory; Baton Rouge Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Louisiana State Implementation Plan (SIP) to meet the 
Emissions Inventory (EI) requirements of the Clean Air Act (CAA) for 
the Baton Rouge ozone nonattainment area. EPA is approving the SIP 
revision because it satisfies the EI requirements for areas classified 
as nonattainment for the 1997 8-hour ozone national ambient air quality 
standard. EPA is approving the revisions pursuant to section 110 of the 
CAA.

DATES: This direct final rule will be effective November 2, 2009 
without further notice unless EPA receives adverse comments by October 
5, 2009. If adverse comments are received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-1064, by one of the following methods:
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov.
    <bullet> Follow the online instructions for submitting comments.
    <bullet> EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD (Multimedia)'' and select 
``Air'' before submitting comments.
    <bullet> E-mail: Mr. Guy Donaldson at <a href="/cdn-cgi/l/email-protection#593d363738353d2a3637773e2c20193c2938773e362f"><span class="__cf_email__" data-cfemail="2a4e45444b464e594544044d5f536a4f5a4b044d455c">[email protected]</span></a>. Please 
also send a copy by e-mail to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
    <bullet> Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
    <bullet> Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
    <bullet> Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are 
accepted only between the hours of 8 a.m. and 4 p.m. weekdays, and not 
on legal holidays. Special arrangements should be made for deliveries 
of boxed information.
    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2007-
1064. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Planning Section 
(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, 
Dallas, Texas 75202-2733. The file will be made available by 
appointment for public inspection in the Region 6 FOIA Review Room 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below or Mr. Bill Deese at

[[Page 45562]]

214-665-7253 to make an appointment. If possible, please make the 
appointment at least two working days in advance of your visit. There 
will be a 15 cent per page fee for making photocopies of documents. On 
the day of the visit, please check in at the EPA Region 6 reception 
area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection, during 
official business hours by appointment, at the Louisiana Department of 
Environmental Quality, Air Quality Assessment Division, 602 North Fifth 
Street, P.O. Box 4314, Baton Rouge, Louisiana 70821-4314.

FOR FURTHER INFORMATION CONTACT: Emad Shahin, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-6717; fax number 
214-665-7263; e-mail address <a href="/cdn-cgi/l/email-protection#8efde6efe6e7e0a0ebe3efeaceebfeefa0e9e1f8"><span class="__cf_email__" data-cfemail="e89b8089808186c68d85898ca88d9889c68f879e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'', 
``us'', or ``our'' is used, we mean the EPA.

Outline

I. What Action Is EPA Taking?
II. What Is a SIP?
III. What Is the Background for This Action?
IV. What Is EPA's Evaluation of the Revision?
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    We are approving a revision to the Louisiana SIP submitted by the 
State to meet the EI requirements of the CAA for the Baton Rouge 8-hour 
ozone nonattainment area. The Baton Rouge area EI was submitted to EPA 
on September 29, 2007 and entitled the ``2002 Base Year Emissions 
Inventory for the Baton Rouge Ozone Nonattainment Area''. We are 
approving the Baton Rouge area EI pursuant to section 110 of the CAA.
    EPA is publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate no relevant adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on November 2, 2009 
without further notice unless we receive relevant adverse comment by 
October 5, 2009. If we receive relevant adverse comments, we will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on this action. Any parties 
interested in commenting must do so now. Please note that if we receive 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision may be severed from the remainder of the rule, we may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

II. What Is a SIP?

    Section 110 of the CAA requires states to develop air pollution 
regulations and control strategies to ensure that air quality meets the 
national ambient air quality standards (NAAQS) established by EPA. 
NAAQS are established under section 109 of the CAA, and currently 
address six criteria pollutants: Carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide.
    The SIP is a set of air pollution regulations, control strategies, 
other means or techniques, and technical analyses developed by the 
state, to ensure that the state meets the NAAQS. The SIP is required by 
section 110 and other provisions of the CAA. These SIPs can be 
extensive, containing state regulations or other enforceable documents 
and supporting information such as emissions inventories, monitoring 
networks, and modeling demonstrations. Each state must submit these 
regulations and control strategies to EPA for approval and 
incorporation into the federally-enforceable SIP. Each federally-
approved SIP protects air quality primarily by addressing air pollution 
at its point of origin.

III. What Is the Background for This Action?

    On July 18, 1997, EPA published the 8-hour ozone standard of 0.08 
ppm (62 FR 38856). On April 30, 2004, EPA published designations for 
the 8-hour ozone standard (69 FR 23858). The Baton Rouge 8-hour ozone 
nonattainment area, consisting of the Parishes of Ascension, East Baton 
Rouge, Iberville, Livingston, and West Baton Rouge in Louisiana, was 
classified as a marginal nonattainment area with an attainment date of 
no later than June 15, 2007. The area did not attain the 8-hour ozone 
standard by June 15, 2007 and on March 21, 2008 was reclassified to a 
``moderate'' 8-hour ozone nonattainment area (73 FR 15087).
    The CAA (see section 182) and EPA's 8-hour ozone regulations (see 
40 CFR 51.915) require a state to submit an emissions inventory for 
each area designated as nonattainment for the standard. An emissions 
inventory is an estimation of actual emissions of air pollutants in an 
area. The emissions inventory consists of volatile organic compound 
(VOC) and oxides of nitrogen (NOx) emissions as they are ``ozone 
precursors''. On September 29, 2007 the Louisiana Department of 
Environmental Quality submitted the ``2002 Base Year Emissions 
Inventory for the Baton Rouge Ozone Nonattainment Area'' to EPA.

IV. What Is EPA's Evaluation of the Revision?

    EPA has reviewed the revision for consistency with the requirements 
of EPA regulations. A summary of EPA's analysis is provided below. For 
a full discussion of our evaluation, please refer to our Technical 
Support Document (TSD), found in the electronic docket.
    Sections 172(c)(3) and 182(b)(1) of the CAA require that 
nonattainment plan provisions include an inventory of actual emissions 
from all sources of relevant pollutants in the nonattainment area. EPA 
strongly recommended using 2002 as the base year for the emissions 
inventory (40 CFR 51.915). EPA determined that LDEQ has developed an 
inventory of actual emissions from all sources in the Baton Rouge 
nonattainment area in accordance with EPA guidelines. The 2002 base 
year inventory includes all point, area, non-road mobile, and on-road 
mobile source emissions. Table 1 lists the 2002 EI for the Baton Rouge 
area. For more detail on how emissions inventories were estimated, 
please see the TSD. Since this SIP revision consists of just the 2002 
Base Year inventory, it fully complies with section 110(l) of the CAA.

      Table 1--Baton Rouge 2002 Base Year Emissions Inventory (TPD)
------------------------------------------------------------------------
            Source category                 VOC        NOX         CO
------------------------------------------------------------------------
Point..................................      40.17     117.91      76.11
Non-Point..............................      29.71       3.90      64.43

[[Page 45563]]

 
On-Road................................      22.97      43.59     331.23
Non-Road...............................      14.99      34.01     121.56
                                        --------------------------------
    County Total.......................     107.84     199.41     593.33
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V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 2, 2009. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Volatile organic compounds.

    Dated: August 21, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart T--Louisiana

0
2. The second table in Sec.  52.970(e), entitled ``EPA Approved 
Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures'' is 
amended by adding a new entry to the end of the table for ``2002 
Emission Inventory'', for the Baton Rouge, LA area to read as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (e) * * *
* * * * *
EPA APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY 
MEASURES

----------------------------------------------------------------------------------------------------------------
                                                                State
                                      Applicable geographic   approval/
       Name of SIP  provision          or non- attainment     submittal      EPA approval date      Explanation
                                              area               date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2002 Emission Inventory............  Baton Rouge, LA.......    7/31/2007  9/3/2009, [Insert FR
                                                                           page number where
                                                                           document begins].
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[[Page 45564]]

[FR Doc. E9-21188 Filed 9-2-09; 8:45 am]
BILLING CODE 6560-50-P


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