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[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Rules and Regulations]
[Pages 21139-21142]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08369]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0145; FRL-9909-53-Region 6]

Approval and Promulgation of Air Quality Implementation Plans; 
Louisiana; Clean Data Determination for the Baton Rouge Area for the 
2008 Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) has determined that 
the Baton Rouge, Louisiana marginal 2008 8-hour ozone nonattainment 
area is currently attaining the 2008 8-hour National Ambient Air 
Quality Standard (NAAQS) for ozone. This determination is based upon 
complete, quality assured, certified ambient air monitoring data that 
show the area has monitored attainment of the 2008 8-hour ozone NAAQS 
during the 2011-2013 monitoring period, and continues to

[[Page 21140]]

monitor attainment of the NAAQS based on preliminary 2014 data.

DATES: This rule is effective on June 16, 2014 without further notice, 
unless EPA receives relevant adverse comment by May 15, 2014. If EPA 
receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2014-0145, by one of the following methods:
    www.regulations.gov. Follow the on-line instructions.
     Email: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please 
also send a copy by email to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2014-0145. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through http://www.regulations.gov or email, if you believe that it is 
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means that EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment along with any disk or CD-ROM 
submitted. 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 and any form of encryption and should be free of any 
defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI). 
To inspect the hard copy materials, please schedule an appointment with 
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph 
below or Mr. Bill Deese at 214-665-7253.

FOR FURTHER INFORMATION CONTACT: Ms. Ellen Belk, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733, telephone (214) 665-2164, fax 
(214) 665-6762, email address belk.ellen@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Table of Contents

I. Background
II. EPA's Evaluation
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On May 21, 2012 (77 FR 30088), effective July 20, 2012, EPA 
designated as nonattainment any area that was violating the 2008 8-hour 
ozone NAAQS based on the three most recent years (2008-2010) of air 
quality data. The Baton Rouge area (specifically, Ascension, East Baton 
Rouge, Iberville, Livingston, and West Baton Rouge Parishes) was 
designated as a marginal ozone nonattainment area. Recent air quality 
data indicate that the Baton Rouge area is now attaining the 2008 8-
hour ozone standard.
    EPA is taking direct final action in determining that the Baton 
Rouge, Louisiana marginal 2008 8-hour ozone nonattainment area 
(hereafter the Baton Rouge area) has attained the 2008 8-hour NAAQS for 
ozone. This determination is based upon complete, quality assured and 
certified ambient air monitoring data that show the area has monitored 
attainment of the ozone NAAQS during the 2011-2013 monitoring period. 
Data entered into EPA's Air Quality System database (AQS) for 2014, but 
not yet certified also show that the area continues to attain the 
standard.
    This clean data determination for the Baton Rouge area is being 
taken at the request of the State of Louisiana \1\ and in accordance 
with our Clean Data Policy.\2\ This Clean Data Determination serves as 
notice to the public that the nonattainment area's air quality meets 
the 2008 ozone NAAQS.\3\
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    \1\ See Louisiana's letter from Secretary Peggy Hatch to Mr. Ron 
Curry, dated January 23, 2014 in the docket for this action.
    \2\ Our Clean Data Policy is set forth in a May 10, 1995, EPA 
memorandum from John S. Seitz, Director, Office of Air Quality 
Planning and Standards, entitled ``Reasonable Further Progress, 
Attainment Demonstration, and Related Requirements for Ozone 
Nonattainment Areas Meeting the Ozone National Ambient Air Quality 
Standard.'' This policy is included in the docket for this action.
    \3\ See Memorandum from Janet McCabe, Deputy Assistant 
Administrator, Office of Air & Radiation, to Regional 
Administrators, Region I-X, dated April 6, 2011, entitled, 
``Regional consistency for the Administrative Requirements of State 
Implementation Plan Submittals and the use of ``Letter Notices'', 
``Attachment C--Determinations of Attainment by an Area's attainment 
Date v. Clean Data Determinations & Redesignation Requests and 
Maintenance Plans'' (p. 9) in the docket for this action.
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    To clarify, this action does not constitute a redesignation to 
attainment under CAA section 107(d)(3)(E)(i). This is because we do not 
yet have an approved maintenance plan for the area as required under 
section 175A of the CAA, nor have we found that the area has met the 
other applicable requirements for redesignation. The classification and 
designation status of the area will remain marginal nonattainment for 
the 2008 8-hour ozone NAAQS, and will be subject to marginal 
nonattainment applicable requirements including a nonattainment NSR SIP 
and an EI, until such time as EPA determines that the area meets all 
the CAA applicable requirements for redesignation to attainment. This 
finding means the area will have met one important requirement for 
redesignation, that is, having air quality that meets the standard. EPA 
expects that Louisiana will be providing the remaining elements 
necessary for redesignation in a SIP revision. Also, this action does 
not constitute a Determination of Attainment by an Area's Attainment 
Date under CAA section 179(c), 181(b)(2) and 188(b)(2).

II. EPA's Evaluation

    For ozone, an area may be considered to be attaining the 2008 8-
hour ozone NAAQS if there are no violations, as determined in 
accordance with 40 CFR 50, based on three complete, consecutive 
calendar years of quality-assured air quality monitoring data. Under 
EPA regulations at 40 CFR Part 50, the 2008 8-hour ozone standard is

[[Page 21141]]

attained when the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ozone concentrations at an ozone monitor is less 
than or equal to 0.075 parts per million (ppm) (i.e., 0.075 ppm, based 
on the truncating conventions in 40 CFR part 50, Appendix P). This 3-
year average is referred to as the design value. When the design value 
is less than or equal to 0.075 ppm at each monitor within the area, 
then the area is meeting the NAAQS. Also, the data completeness 
requirement is met when the average percent of days with valid ambient 
monitoring data is greater than or equal to 90%, and no single year has 
less than 75% data completeness as determined in Appendix P of 40 CFR 
Part 50. 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. For ease of communication, many reports of ozone 
concentrations are given in parts per billion (ppb); ppb = ppm x 1,000. 
Thus, 0.075 ppm equals 75 ppb.
    EPA reviewed the Baton Rouge area ozone monitoring data from 
ambient ozone monitoring stations for the ozone seasons 2011 through 
2013, as well as data for the 2014 ozone in AQS but not yet certified. 
The 2011-2013 ozone season data for all the ozone monitors in the Baton 
Rouge area have been quality assured and certified by EPA. The design 
value for 2011-2013 is 0.075 ppm, and is not changed by the preliminary 
data for 2014 (at this time of this writing, March 7, 2014, preliminary 
data available in AQS included data for the month of January, 2014). 
The data for the three ozone seasons 2011-2013, and preliminary data 
for 2014, show that the Baton Rouge area is attaining the 2008 8-hour 
ozone NAAQS.
    Table 1 shows the fourth-highest daily maximum 8-hour average ozone 
concentrations for the Baton Rouge, Louisiana nonattainment area 
monitors for the years 2011-2013. (To find the overall design value for 
the area for a given year, simply find the highest design value from 
any of the eight monitors for that year.) The location of each 
monitoring site in the Baton Rouge area is shown on the map entitled, 
``Baton Rouge ozone and ozone precursor monitoring network'' included 
in the docket associated with this action.

      Table 1--Baton Rouge Area Fourth High 8-hour Ozone Average Concentrations and Design Values (ppm) 1 2
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                                                               4th Highest daily max               Design values
                                                 ------------------------------------------------   three year
                      Site                                                                           averages
                                                       2011            2012            2013      ---------------
                                                                                                     2011-2013
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Plaquemine (22-047-0009)........................           0.079           0.074           0.061           0.071
Carville (22-047-0012)..........................           0.084           0.073           0.068           0.075
Dutchtown (22-005-0004).........................           0.080           0.071           0.062           0.071
LSU (22-033-0003)...............................           0.083           0.075           0.067           0.075
Port Allen (22-121-0001)........................           0.074           0.070           0.060           0.068
Pride (22-033-0013).............................           0.075           0.070           0.062           0.069
French Settlement (22-063-0002).................           0.077           0.071           0.069           0.072
Capitol (22-033-0009)...........................           0.080           0.072           0.066           0.072
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\1\ Unlike for the 1-hour ozone standard, design value calculations for the 2008 8-hour ozone standard are based
  on a rolling three-year average of the annual 4th highest values. This is the same as design value
  calculations for the 1997 8-hour ozone standard. (40 CFR Part 50, Appendix I).
\2\ The Baker and Grosse Tete ozone monitoring sites were shut down after 2010; no data from these sites was
  used in the design values included in this table.

    The 8-hour ozone design value for the Baton Rouge area based on 
monitoring data for 2011 through 2013 is provided in Table 2:

        Table 2--Baton Rouge Area 8-hour Ozone Design Value (ppm)
------------------------------------------------------------------------
                                                          Design value
                                                           three year
               Baton Rouge area overall                      average
                                                       -----------------
                                                            2011-2013
------------------------------------------------------------------------
                                                                  0.075
------------------------------------------------------------------------

    As shown in Table 2, the 8-hour ozone design value for 2011-2013, 
which is based on a three-year average of the fourth-highest daily 
maximum average ozone concentration at the monitor recording the 
highest concentrations, is 0.075 ppm, which meets the 2008 8-hour ozone 
NAAQS. Data through 2013 have been quality assured, as recorded in AQS. 
Data for 2014 not yet certified also indicate that the area continues 
to attain the 2008 8-hour NAAQS. In summary, monitoring data for Baton 
Rouge for the three years 2011 through 2013, as well as preliminary 
monitoring data for 2014, show continued attainment of the 2008 8-hour 
ozone standard. Preliminary data for Baton Rouge for 2014 are included 
in the docket.
    EPA's review of these data confirms that the Baton Rouge ozone 
nonattainment area has met and continues to meet the 2008 8-hour ozone 
NAAQS. Data for 2011-2013, show the area continues to attain the 2008 
8-hour ozone NAAQS. Preliminary data available to date for the 2014 
ozone season are consistent with continued attainment.

III. Final Action

    We are taking direct final action to find that the Baton Rouge, 
Louisiana marginal 2008 8-hour ozone nonattainment area has attained 
the 2008 8-hour NAAQS for ozone. This action is based on complete, 
quality assured data for 2011-2013 indicating attainment as well as on 
preliminary data for the 2014 ozone season available to date which are 
consistent with continued attainment. As provided in 40 CFR Section 
51.918, this action provides formal acknowledgement that the Baton 
Rouge area air quality data for 2011-2013, including preliminary data 
for 2014, meet the applicable requirements of EPA's Clean Data Policy 
for the 2008 8-hour ozone standard.
    EPA is publishing this rule without prior proposal because we view 
this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will

[[Page 21142]]

be effective on June 16, 2014 without further notice unless we receive 
relevant adverse comments by May 15, 2014. 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 a relevant adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, we may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

    This action makes a determination based on air quality data. For 
that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because it merely makes a determination based on air quality data.
    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 rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 16, 2014. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, 
Incorporation by reference.

    Dated: April 1, 2014.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. Amend Sec.  52.977 to add a new paragraph (e) to read as follows:

Sec.  52.977  Control strategy and regulations: Ozone.

* * * * *
    (e) Clean Data Determination. Effective June 16, 2014 EPA has 
determined that the Baton Rouge, Louisiana, marginal 2008 8-hour ozone 
nonattainment area is currently attaining the 2008 8-hour NAAQS for 
ozone.

[FR Doc. 2014-08369 Filed 4-14-14; 8:45 am]
BILLING CODE 6560-50-P
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