Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules 5555

anticipate that any further extensions

are necessary or appropriate.

In addition to this action extending

the comment period, MSHA will hold

public hearings to receive comments.

The hearings will address any issues

relevant to the rulemaking such as the

requirements for dose determination,

threshold level, exchange rate, action

level, permissible exposure level,

administrative/engineering controls,

dual hearing protection level, ceiling

level, operator exposure monitoring,

employee notification, hearing

protectors, training, audiometric testing,

follow-up evaluation, follow-up

corrective measures, notification of

results, reporting requirements, access

to records, and transfer of records.

The hearings will be conducted in an

informal manner by a panel of MSHA

officials. Although formal rules of

evidence or cross examination will not

apply, the presiding official may

exercise discretion to ensure the orderly

progress of the hearings and may

exclude irrelevant or unduly repetitious

material and questions.

Each session will begin with an

opening statement from MSHA,

followed by an opportunity for members

of the public to make oral presentations.

The hearing panel may ask questions of

speakers. At the discretion of the

presiding official, the time allocated to

speakers for their presentations may be

limited. In the interest of conducting

productive hearings, MSHA will

schedule speakers in a manner that

allows all points of view to be heard as

effectively as possible.

Verbatim transcripts of the

proceedings will be prepared and made

a part of the rulemaking record. Copies

of the hearing transcripts will be made

available for public review.

MSHA will accept additional written

comments and other appropriate data

for the record from any interested party,

including those not presenting oral

statements. Written comments and data

submitted to MSHA will be included in

the rulemaking record. To allow for the

submission of posthearing comments,

the record will remain open until June

16, 1997. This provides a total of 6

months from publication for the public

to comment on this proposed rule.

Dated: January 31, 1997.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 97–3001 Filed 2–5–97; 8:45 am]

BILLING CODE 4510–43–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[LA–38–1–7322; FRL–5683–5]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; State of Louisiana;

Approval of the Maintenance Plan for

Calcasieu Parish; Redesignation of

Calcasieu Parish to Attainment for

Ozone

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: This document announces the

Regional Administrator’s decision to

propose approval of a request from the

State of Louisiana to redesignate

Calcasieu Parish to attainment for

ozone. On December 20, 1995, the State

of Louisiana submitted a maintenance

plan and request to redesignate the

Calcasieu Parish marginal ozone

nonattainment area to attainment.

Under the Clean Air Act (the Act),

nonattainment areas may be

redesignated to attainment if sufficient

data are available to warrant the

redesignation and the area meets the

other Act redesignation requirements. In

this action, EPA is proposing approval

of Louisiana’s redesignation request and

maintenance plan because they meet

requirements set forth in the Act. The

EPA is also proposing approval of the

1993 base year emissions inventory for

Calcasieu Parish. If approved, the

maintenance plan and emissions

inventory will become a federally

enforceable part of the State

Implementation Plan (SIP) for

Louisiana.

DATES: Comments on this proposed rule

must be postmarked by March 10, 1997.

ADDRESSES: Comments should be

mailed to Thomas H. Diggs, Chief, Air

Planning Section (6PD–L), EPA Region

6, 1445 Ross Avenue, Dallas, Texas

75202–2733. Copies of the State’s

submittal and other information

relevant to this action are available for

inspection during normal hours at the

following locations:

Environmental Protection Agency,

Region 6, Air Planning Section (6PD–

L), 1445 Ross Avenue, Suite 700,

Dallas, Texas 75202–2733.

Louisiana Department of Environmental

Quality, Office of Air Quality, 7290

Bluebonnet Boulevard, Baton Rouge,

Louisiana 70810.

Anyone wishing to review this

proposal at the Region 6 EPA office is

asked to contact the person below to

schedule an appointment 24 hours in

advance.

FOR FURTHER INFORMATION CONTACT: Lt.

Mick Cote, Air Planning Section (6PD–

L), EPA Region 6, telephone (214) 665–

7219.

SUPPLEMENTARY INFORMATION:

I. Background

The Clean Air Act, as amended in

1977, required areas that were

designated nonattainment based on a

failure to meet the ozone National

Ambient Air Quality Standards

(NAAQS) to develop SIPs with

sufficient control measures to

expeditiously attain and maintain the

standard. Calcasieu Parish was

designated under section 107 of the

1977 Clean Air Act as nonattainment

with respect to the ozone NAAQS on

September 11, 1978. For purposes of

redesignations, the State of Louisiana

has an approved ozone SIP for Calcasieu

Parish.

The LDEQ has collected ambient

monitoring data since 1992 that show

no violations of the ozone NAAQS of

0.12 parts per million. The LDEQ has

developed a maintenance plan for

Calcasieu Parish, and solicited public

comment. Subsequently, LDEQ

submitted a request, through the

Governor’s office, to redesignate this

parish to attainment with respect to the

ozone NAAQS. This maintenance plan

and redesignation request for Calcasieu

Parish was submitted to EPA on

December 20, 1995.

II. Analysis of State Submittal

A. Evaluation Criteria

The Act revised section 107(d)(3)(E)

to provide five specific requirements

that an area must meet in order to be

redesignated from nonattainment to

attainment: (1) The area must have

attained the applicable NAAQS; (2) the

area must meet all applicable

requirements under section 110 and part

D of the Act; (3) the area must have a

fully approved SIP under section 110(k)

of the Act; (4) the air quality

improvement must be permanent and

enforceable; and, (5) the area must have

a fully approved maintenance plan

pursuant to section 175A of the Act.

Section 107(d)(3)(D) of the Act allows a

Governor to initiate the redesignation

process for an area to apply for

attainment status.

(1) Attainment of the NAAQS for Ozone

Attainment of the ozone NAAQS is

determined based on the expected

number of exceedances in a calendar

year. The method for determining
5556 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules

attainment of the ozone NAAQS is

contained in 40 CFR 50.9 and appendix

H to that section. The simplest method

by which expected exceedances are

calculated is by averaging actual

exceedances at each monitoring site

over a three year period. An area is in

attainment of the standard if this

average results in expected exceedances

for each monitoring site of 1.0 or less

per calendar year. When a valid daily

maximum hourly average value is not

available for each required monitoring

day during the year, the missing days

must be accounted for when estimating

exceedances for the year. Appendix H

provides the formula used to estimate

the expected number of exceedances for

each year.

The State of Louisiana’s request is

based on an analysis of quality-assured

ozone air quality data which is relevant

to both the maintenance plan and to the

redesignation request. The data come

from the State and Local Air Monitoring

Station network. This request is based

on ambient air ozone monitoring data

collected from four ozone monitoring

stations for more than 3 consecutive

years in the area. Ozone data has been

collected since 1981 at the Westlake

monitoring site, since 1984 at the

Carlyss site, and since 1991 at the

Vinton and LeBleu sites. The data

clearly show an expected exceedance

rate of less than 1 since 1992. Please see

the technical support document (TSD)

for the detailed air quality monitoring

data.

In addition to the demonstration

discussed above, EPA required

completion of air network monitoring

requirements set forth in 40 CFR part

58. This included a quality assurance

plan revision and a monitoring network

review to determine the adequacy of the

ozone monitoring network. The LDEQ

fulfilled these requirements to complete

documentation for the air quality

demonstration. The LDEQ has also

committed to continue monitoring in

Calcasieu Parish in accordance with 40

CFR part 58.

In summary, EPA believes that the

data submitted by the LDEQ provides an

adequate demonstration that Calcasieu

Parish attained the ozone NAAQS.

Moreover, the monitoring data continue

to show attainment to date.

If the State’s monitoring data

demonstrates a valid violation of the

NAAQS before the final action is

effective, approval of the redesignation

will be withdrawn and a proposed

disapproval substituted for the final

approval.

(2) Section 110 Requirements

For purposes of redesignation, to meet

the requirement that the SIP contain all

applicable requirements under the Act,

EPA has reviewed the SIP to ensure that

it contains all measures that were due

under the Act prior to or at the time the

State submitted its redesignation

request, as set forth in EPA policy. The

EPA interprets section 107(d)(3)(E)(v) of

the Act to mean that, for a redesignation

request to be approved, the State must

have met all requirements that applied

to the subject area prior to or at the same

time as the submission of a complete

redesignation request. In this case, the

date of submission of a complete

redesignation request is December 20,

1995.

Requirements of the Act that come

due subsequently continue to be

applicable to the area at later dates (see

section 175A of the Act) and, if

redesignation of any of the areas is

disapproved, the State remains

obligated to fulfill those requirements.

These requirements are discussed in the

following EPA documents: ‘‘Procedures

for Processing Requests to Redesignate

Areas to Attainment,’’ John Calcagni,

Director, Air Quality Management

Division, September 4, 1992; ‘‘State

Implementation Plan (SIP) Actions

Submitted in Response to Clean Air Act

(CAA) Deadlines,’’ John Calcagni,

Director, Air Quality Management

Division, October 28, 1992; and ‘‘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,’’ Michael H.

Shapiro, Acting Assistant

Administrator, September 17, 1993.

The EPA has analyzed the Louisiana

SIP and determined that it is consistent

with the requirements of amended

section 110(a)(2) of the Act. The SIP

contains enforceable emission

limitations; requires monitoring,

compiling, and analyzing ambient air

quality data; requires preconstruction

review of new major stationary sources

and major modifications to existing

ones; provides for adequate funding,

staff, and associated resources necessary

to implement its requirements; and

requires stationary source emissions

monitoring and reporting. For purposes

of redesignation, the Calcasieu SIP was

reviewed to ensure that all requirements

of section 110(a)(2) of the Act,

containing general SIP elements, were

satisfied. As noted above, EPA believes

the SIP satisfies all of those

requirements.

(3) Part D Requirements

Before Calcasieu Parish can be

redesignated to attainment, the

Louisiana SIP must have fulfilled the

applicable requirements of part D of the

Act. Under part D, an area’s

classification indicates the requirements

to which it will be subject. Subpart 1 of

part D sets forth the basic nonattainment

requirements applicable to all

nonattainment areas, classified as well

as nonclassifiable. Subpart 2 of part D

establishes additional requirements for

nonattainment areas classified under

table 1 of section 181(a)(1) of the Act.

(a) Subpart 1 of Part D—Section 172(c)

Plan Provisions

Under section 172(b) of the Act, the

Administrator established that States

containing nonattainment areas shall

submit a plan or plan revision meeting

the applicable requirements of section

172(c) of the Act no later than three

years after an area is designated as

nonattainment, i.e., unless EPA

establishes an earlier date. Calcasieu

Parish had an attainment date of

November 15, 1993. Due to technical

problems with the Vinton monitoring

site in 1993, EPA deferred making an

attainment determination for Calcasieu

Parish until the monitoring issue was

resolved. The monitoring issue was

recently resolved to EPA’s satisfaction,

and EPA agrees with the State that

Calcasieu Parish has attained the ozone

standard.

The EPA has determined that the

Act’s section 172(c)(2) reasonable

further progress requirement is not

applicable to Calcasieu Parish; likewise,

the section 172(c)(9) contingency

measures and additional section

172(c)(1) non-RACT reasonable

available control measures beyond what

may already be required in the SIP are

not necessary, since section 182(a) of

the Act specifically excludes marginal

areas from these requirements.

The Act’s section 172(c)(3) emissions

inventory requirement has been met by

the prior submission and approval of

the 1990 base year inventory required

under subpart 2 of part D, section

182(a)(1) of the Act.

As for the Act’s section 172(c)(5) NSR

requirement, EPA has determined that

areas being redesignated need not

comply with the NSR requirement prior

to redesignation provided that the area

demonstrates maintenance of the

standard without part D NSR in effect.

The maintenance plan proposed for

approval with this notice does

demonstrate maintenance of the ozone

standard without NSR. See

memorandum from Mary Nichols,
Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules 5557

Assistant Administrator for Air and

Radiation, dated October 14, 1994,

entitled ‘‘Part D New Source Review

(part D NSR) Requirements for Areas

Requesting Redesignation to

Attainment’’. The rationale for this view

is described fully in that memorandum,

and is based on EPA’s authority to

establish de minimis exceptions to

statutory requirements. See, Alabama

Power Co. v. Costle, 636 F. 2d 323, 360–

61 (D.C. Cir. 1979).

Section 176 of the Act requires States

to revise their SIP’s to establish criteria

and procedures to ensure that Federal

actions, before they are taken, conform

to the air quality planning goals in the

applicable State SIP. The requirement to

determine conformity applies to

transportation plans, programs and

projects developed, funded, or approved

under title 23 U.S.C. or the Federal

Transit Act (‘‘transportation

conformity’’), as well as to all other

Federal actions (‘‘general conformity’’).

Section 176 of the Act further

provides that the conformity revisions

to be submitted by the States must be

consistent with Federal conformity

regulations that the Act required EPA to

promulgate. Congress provided for the

State revisions to be submitted one year

after the date for promulgation of final

EPA conformity regulations. When that

date passed without such promulgation,

EPA’s General Preamble for the

implementation of title I of the Act

informed the State that its conformity

regulations would establish a submittal

date. See 57 FR 13498, 13557 (April 16,

1992). The EPA promulgated final

transportation conformity regulations on

November 24, 1993 (58 FR 62118) and

general conformity regulations on

November 30, 1993 (58 FR 63214).

These conformity rules require that

States adopt both transportation and

general conformity provisions in the SIP

for areas designated nonattainment or

subject to a maintenance plan approved

under section 175A of the Act.

Pursuant to 40 CFR 51.396 of the

transportation conformity rule and 40

CFR 51.851 of the general conformity

rule, the State of Louisiana was required

to submit a SIP revision containing

transportation conformity criteria and

procedures consistent with those

established in the Federal rule by

November 25, 1994. Similarly,

Louisiana was required to submit a SIP

revision containing general conformity

criteria and procedures consistent with

those established in the Federal rule by

December 1, 1994.

Louisiana submitted both its

transportation and general conformity

rules to EPA on November 10, 1994.

Although this redesignation request was

submitted to EPA after the due dates for

the SIP revisions for transportation

conformity (58 FR 62188) and general

conformity (58 FR 63214) rules, EPA

believes it is reasonable to interpret the

conformity requirements as not being

applicable requirements for purposes of

evaluating the redesignation request

under section 107(d) of the Act. The

rationale for this is based on a

combination of two factors.

First, the requirement to submit SIP

revisions to comply with the conformity

provisions of the Act continues to apply

to areas after redesignation to

attainment. Therefore, the State remains

obligated to adopt the transportation

and general conformity rules even after

redesignation and would risk sanctions

for failure to do so. While redesignation

of an area to attainment enables the area

to avoid further compliance with most

requirements of section 110 and part D

of the Act, since those requirements are

linked to the nonattainment status of an

area, the conformity requirements apply

to both nonattainment and maintenance

areas. Second, EPA’s federal conformity

rules require the performance of

conformity analyses in the absence of

state-adopted rules. Therefore, a delay

in adopting State rules does not relieve

an area from the obligation to

implement conformity requirements.

Because areas are subject to the

conformity requirements regardless of

whether they are redesignated to

attainment and must implement

conformity under Federal rules if State

rules are not yet adopted, EPA believes

it is reasonable to view these

requirements as not being applicable

requirements for purposes of evaluating

a redesignation request.

Therefore, EPA has modified its

national policy regarding the

interpretation of the provisions of

section 107(d)(3)(E) of the Act

concerning the applicable requirements

for purposes of reviewing an ozone

redesignation request. This modified

policy is discussed in a memorandum

entitled ‘‘Reasonable Further Progress;

Attainment Demonstration, and Related

Requirements for Ozone Nonattainment

Areas Meeting the Ozone National

Ambient Air Quality Standard’’, John S.

Seitz, Director, Office of Air Quality

Planning and Standards (OAQPS), dated

May 10, 1995. Under this new policy,

for the reasons just discussed, EPA

believes that the ozone redesignation

request for Calcasieu Parish may be

approved notwithstanding the lack of

approved state transportation and

general conformity rules.

(b) Subpart 2 of Part D—Section 182(a)

Requirements

The Act was amended on November

15, 1990, Public Law 101–549, 104 Stat.

2399, codified at 42 U.S.C. 7401–7671q.

The EPA was required to classify ozone

nonattainment areas according to the

severity of their problem. The EPA has

analyzed the SIP and determined that it

is consistent with the requirements of

amended section 182 of the Act. Below

is a summary of how the area has met

the requirements of section 182(a) of the

Act.

The Act required an inventory of all

actual emissions from all sources, as

described in section 172(c)(3) of the Act

by November 15, 1992. On November

16, 1992, LDEQ submitted an emission

inventory for Calcasieu Parish. The EPA

approved this 1990 base year inventory

on March 15, 1995. To be redesignated,

all SIP revisions required by section

182(a)(2)(A) and 182(b)(2) of the Act

concerning RACT requirements must

have been submitted to EPA and fully

approved. Louisiana has met all RACT

requirements. Section 182(a)(3) of the

Act required a SIP submission by

November 15, 1992, to require

stationary sources of NOX and VOCs to

provide statements of actual emissions.

Louisiana submitted an annual

emissions statement SIP revision on

March 3, 1993. This revision was

approved in the Federal Register on

January 6, 1995.

(3) Fully Approved SIP Under Section

110(k) of the Act

Based on the approval of provisions

under the pre-amended Act and EPA’s

prior approval of SIP revisions under

the Act, EPA has determined that

Calcasieu Parish has a fully approved

SIP under section 110(k)of the Act,

which also meets the applicable

requirements of section 110 and part D

of the Act as discussed above.

(4) Improvement in Air Quality Due to

Permanent and Enforceable Measures

The EPA approved the Louisiana SIP

control strategy for Calcasieu Parish,

satisfied that the rules and the emission

reductions achieved as a result of those

rules were enforceable. The control

measures to which the emission

reductions are attributed are VOC RACT

regulations, the Federal Motor Vehicle

Control Program (FMVCP), and lower

Reid Vapor Pressure (RVP). In addition,

the State permits program, the

Prevention of Significant Deterioration

permits program, and the Federal

Operating Permits program will help

counteract future emissions growth.

In association with its emission

inventory discussed below, the State of
5558 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules

Louisiana has demonstrated that actual

enforceable emission reductions are

responsible for the air quality

improvement and that the VOC

emissions in the base year are not

artificially low due to local economic

downturn. The EPA finds that the

combination of existing EPA-approved

state and federal measures contribute to

the permanence and enforceability of

reduction in ambient ozone levels that

have allowed the area to attain the

NAAQS.

(5) Fully Approved Maintenance Plan

Under Section 175A of the Act

Section 175A of the Act sets forth the

elements of a maintenance plan for

areas seeking redesignation from

nonattainment to attainment. The plan

must demonstrate continued attainment

of the applicable NAAQS for at least ten

years after the Administrator approves a

redesignation to attainment. Eight years

after the redesignation, the State must

submit a revised maintenance plan

which demonstrates attainment for the

ten years following the initial ten-year

period. To provide for the possibility of

future NAAQS violations, the

maintenance plan must contain

contingency measures, with a schedule

for implementation, adequate to assure

prompt correction of any air quality

problems. In this document EPA is

proposing approval of the maintenance

plan for Calcasieu Parish because EPA

finds that Louisiana’s submittal meets

the requirements of section 175A of the

Act.

On December 20, 1995, the State of

Louisiana submitted comprehensive

inventories of VOCs, NOx, and CO

emissions from Calcasieu Parish. The

inventories include area, stationary, and

mobile sources using 1993 as the base

year for calculations to demonstrate

maintenance. The 1993 inventory is

considered representative of attainment

conditions because the NAAQS was not

violated during 1993 and was one of the

three years upon which the attainment

demonstration was based. The EPA is

proposing approval of the 1993 base

year inventory in this document.

The State submittal contains the

detailed inventory data and summaries

by source category. Growth Projections

were derived from the Bureau of

Economic Analysis Factors, and were

used to generate the growth projections

for the emissions inventory. These

factors were applied to the 1993

inventory to reflect the expected

emission levels through 2010.

The following table is a summary of

the revised average peak ozone season

weekday VOC, NOX, and CO emissions

for the major anthropogenic source

categories for the 1993 attainment year

inventory.

SUMMARY OF EMISSION PROJECTIONS FOR CALCASIEU PARISH

[In Tons Per Day]

1993 1995 2000 2005 2010

Point Source CO ........................................................................................................... 27.35 26.93 26.80 26.22 25.79

Point Source VOC ........................................................................................................ 35.87 35.18 35.30 34.42 33.54

Point Source NOX ......................................................................................................... 106.96 104.94 103.81 102.41 101.05

Area Source CO ........................................................................................................... 0.54 0.54 0.55 0.55 0.55

Area Source VOC ......................................................................................................... 6.94 7.00 7.04 7.03 7.01

Area Source NOX ......................................................................................................... 0.45 0.46 0.46 0.46 0.46

Nonroad CO .................................................................................................................. 58.14 58.97 58.97 58.92 59.53

Nonroad VOC ............................................................................................................... 9.81 9.95 9.95 9.94 9.91

Nonroad NOX ................................................................................................................ 38.05 38.59 38.59 38.56 38.43

Onroad CO ................................................................................................................... 89.82 85.51 70.60 63.85 67.19

Onroad VOC ................................................................................................................. 9.22 8.77 7.96 7.78 8.21

Onroad NOX ................................................................................................................. 17.93 17.72 16.31 15.67 16.53

Total CO ....................................................................................................................... 175.85 171.95 156.92 149.54 153.06

Total VOC ..................................................................................................................... 61.84 60.90 60.25 59.17 58.67

Total NOX ..................................................................................................................... 163.39 161.71 159.17 157.10 156.47

Continued attainment of the ozone

NAAQS in Calcasieu Parish will

depend, in part, on the Federal and

State control measures discussed

previously. However, the ambient air

monitoring network will remain active

during the maintenance period. These

data will be quality assured and

submitted to the Aerometric Information

and Retrieval System (AIRS) on a

monthly basis. A monitored violation of

the ozone NAAQS will provide the basis

for triggering measures contained in the

contingency plans. Additionally, as

discussed above, during year 8 of the

maintenance period, the LDEQ is

required to submit a revised plan to

provide for maintenance of the ozone

standard in Pointe Coupee for the next

ten years.

Section 175A of the Act requires that

a maintenance plan include contingency

provisions, as necessary, to promptly

correct any violation of the NAAQS that

occurs after redesignation of the area to

attainment. The contingency plan

should clearly identify the measures to

be adopted, a schedule and procedure

for adoption and implementation, and a

specific time limit for action by the

State. The State should also identify

specific triggers which will be used to

determine when the measures need to

be implemented.

The LDEQ has selected new Control

Techniques Guidelines or Alternative

Control Technology rule

implementation and NOX RACT as

contingency measures in Calcasieu

Parish. If at any time during the

maintenance period Calcasieu Parish

records a violation of the ozone

NAAQS, LDEQ will evaluate the

source(s) of that violation and

promulgate either VOC or NOX RACT

rules for the appropriate source

category. The LDEQ will adopt rules

within 9 months of the violation, and

affected sources must be in compliance

with the these rules within 2 years of

the violation. These contingency

measures and schedules for

implementation satisfy the requirements

of section 175A(d) of the Act.

In accordance with section 175A(b) of

the Act, the State has agreed to submit

a revised maintenance SIP eight years

after the area is redesignated to

attainment. Such revised SIP will

provide for maintenance for an

additional ten years.

III. Interim Implementation Policy (IIP)

Impact

On December 13, 1996, EPA

published proposed revisions to the

ozone and particulate matter NAAQS.

Also on December 13, 1996, EPA

published its proposed policy regarding
Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules 5559

the interim implementation

requirements for ozone and particulate

matter during the time period following

any promulgation of a revised ozone or

particulate matter NAAQS (61 FR

65751). This IIP includes proposed

policy regarding ozone redesignation

actions submitted to and approved by

EPA prior to promulgation of a new

ozone standard, as well as those

submitted prior to and approved by EPA

after the promulgation date of a new or

revised ozone standard.

Complete redesignation requests,

submitted and approved by EPA prior to

the promulgation date of the new or

revised ozone standard, will be allowed

to redesignate to attainment based on

the maintenance plan’s ability to

demonstrate attainment of the current 1-

hour standard and compliance with

existing redesignation criteria. Any

redesignation requests submitted prior

to promulgation, which are not acted

upon by EPA prior to that promulgation

date, must then also include a

maintenance plan which demonstrates

attainment of both the current 1-hour

standard and the new or revised ozone

standard to be considered for

redesignation.

As discussed previously, the

Calcasieu Parish redesignation request

demonstrates attainment under the

current 1-hour ozone standard. Since

the EPA plans to approve this request

prior to the promulgation date of the

new or revised ozone standard, The

Calcasieu Parish redesignation request

meets the proposed IIP.

IV. Proposed Action

The EPA has evaluated the State’s

redesignation request for Calcasieu

Parish for consistency with the Act, EPA

regulations, and EPA policy. The EPA

believes that the redesignation request

and monitoring data demonstrate that

this area has attained the ozone

standard. In addition, EPA has

determined that the redesignation

request meets the requirements and

policy set forth in the General Preamble

and policy memorandum discussed in

this notice for area redesignations, and

today is proposing approval of

Louisiana’s redesignation request for

Calcasieu Parish.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

IV. Administrative Requirements

A. Executive Order (E.O.) 12866

This action has been classified for

signature by the Regional Administrator

under the procedures published in the

Federal Register on January 19, 1989

(54 FR 2214–2225), as revised by a July

10, 1995, memorandum from Mary

Nichols, Assistant Administrator for Air

and Radiation. The Office of

Management and Budget has exempted

this regulatory action from E.O. 12866

review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. See 5 U.S.C.

603 and 604. Alternatively, EPA may

certify that the rule will not have a

significant impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

The SIP approvals under section 110

and subchapter I, part D of the Act do

not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moreover, due to the nature of the

Federal-State relationship under the

Act, preparation of a flexibility analysis

would constitute Federal inquiry into

the economic reasonableness of State

action. The Act forbids EPA to base its

actions concerning SIPs on such

grounds. See Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255–66 (1976); 42

U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

The EPA has determined that the

proposed approval action will not

include a Federal mandate that may

result in estimated costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

proposes approval of preexisting

requirements under State or local law,

and imposes no new Federal

requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of this

proposed approval in today’s Federal

Register. This proposal is not a ‘‘major

rule’’ as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by April 7, 1997. Filing a petition

for reconsideration by the Administrator

of this final rule does not affect the

finality of this rule for the purposes of

judicial review nor does it extend the

time within which a petition for judicial

review may be filed, and shall not

postpone the effectiveness of such rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements. See section

307(b)(2) of the Act.

List of Subjects

40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental regulations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

40 CFR Part 81

Air Pollution control, Designation of

areas for air quality planning purposes.

Authority: 42 U.S.C. 7401–7671q.

Dated: January 24, 1997.

Jerry Clifford,

Acting Regional Administrator.

[FR Doc. 97–2998 Filed 2–5–97; 8:45 am]

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