ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-0AR-20I0-6U3; FRL- ] 

### Approval and Promulgation ofAir Quality Implementation Plans; Louisiana; Baton Rouge 8 aHour 

### Ozone Nonattainment Area; Determination ofAttainment of tbe 8-Hour Ozone 

### Standard
AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: The EPA has determined that the Baton Rouge (BR) moderate 8-hour ozone nonattainment area 

### has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is based upon complete, quality assured, certified ambient air monitoring data that show the area 

### has monitored attainment ofthe 1997 8-hour ozone NMQS for the 2006-2008 and 2007- 2009 monitoring periods. Preliminary data available for 20lOis consistent 

### with continued attainment. 

### Under the provisions ofEPA'58-hour ozone implementation rule, as a consequence of this determination the requirements for this area to submit an attainment demonstration, a reasonable further progress plan, contingency measures, and other planning State Implementation Plan (SIP) requirements related to attainment ofthe 1997 8-hour ozone NAAQS,
are suspended for so long as the area continues to attain the 1997 8-hour ozone NAAQS.
DATES: This final rule is effective [Insert date 30 days from publication in the Federal Register]. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R06-0AR-2010-0113. All documents in the docket are listed in the www.regulations.gov

### 2 index. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. 

### Certain other material, such as copyrighted material, will 

### hepublicly available only in bard copy. Publicly available docket materials are available either electronically in www.regulations.govor in hard copy at the Air Planning Section (6PDL), 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 to make an appointment. 

### Ifpossible, please make the appointment at least two 

### working days in advance of your visit. There will be

### a feeof 15 cents per page for making photocopies ofdocuments. On the day ofthe visit, please check in at the EPA Region 6 

### reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Ms. Sandra Rennie, Air Planning Section (6PD-L), Enviromnental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7367, fax (214) 665-7263, e-mail address rennie.sandra@epa.gov.



### SUPPLEMENTARY INFORMATION: Throughout this document, "we," "us," and "our"
means EPA. This supplementary information section is arranged as follows: 

### I. 

### What Action is EPA Taking? II. What is the Effect ofThis Action? III. Response to Comments IV. Final Action

### 3
V. 

### Statutory and Executive Order Reviews. I. What Action is EPA Taking? 

### Weare determining 

### that the BR8-hour ozonenonattainment area is currently attaining the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is 

### based upon complete, quality-assured, 

### certifiedambient airmonitoring 

### data that

### show the area has monitored attaimnent ofthe 1997 8-hour ozone NAAQS for the 2006-2008 and 2007-2009 

### monitoring periods, and thatpreliminary data available for 2010 is consistent 

### with continued attainment ofthe NAAQS. 

### As a consequenceofthis determination, 

### under the provisionsofEPA's ozone implementation rule(see 40 CFR section 51.918), therequirements 

### forthis area to submit an 

### attainment demonstration, areasonable further progress plan (RFP), applicable contingency measures, andotherplanning StateImplementation Plan(SIP) requirements related to attainment 

### of the 1997 8-hour ozone NAAQS, are suspended for so long as the areacontinues to attain the 1997 8-hour ozone NAAQS. 

### Therationale forour action is explained in the Notice 

### ofProposed Rulemaking (NPR) published on June 25, 2010 (75 FR 36316) and in today's rulemaking. We received one 

### comment insupport oftheproposal.
II. What is the Effect ofthis Action? Under 

### the provisions ofEPA's ozone implementation rule, 40 CFR 51.918, the 

### requirements forthe StateofLouisianato 

### submit anattainment demonstration, a RFP plan, contingencymeasures 

### under sections 172(c)(9), and any otherplanning SIPS related to attainment 

### of the 1997 8-hourozone NAAQS are suspended for so long as the areacontinues to attain the 1997 8-hour standard.

### 4 IfEPA subsequently determines, after notice-and-comment rulemaking in the 

### Federal Register, that the BR area has violated the 1997 8-hour ozoneNAAQS, the basis for the 

### suspension of therequirements wouldno longer exist, andEPA wouldtakeaction to withdraw the determination and direct the area to address the suspended requirements. 

### This final action does not constitute a redesignation to attainment under CAA section 107(d)(3), because we do not yet have an approved maintenance plan for the area as required under section 

### 175A ofthe eAA, nor a determination 

### that the area 

### has met the other requirements for redesignation. The classification and designation status ofthe area remain moderate nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA determines that it meets all the CAA requirements for redesignation 

### to attainment. 

### III. Response to Comments EPA received one comment letter in response to 

### the proposed rulemaking. The letter, submitted on behalfofthe Louisiana Chemical Association, Louisiana Mid-Continent Oil and Gas Association, and the Baton Rouge Area Chamber ofCommerce, expressed support for EPA'sproposa!.



### IV. Final Action For the reasons set forth in the proposed rulemaking and in this final rulemaking, and based on upon complete, quality- assured, certified ambient air monitoring data showing the BR
areahas monitored attainment ofthe 1997 8-hour ozone NAAQS for the 2006-2008 and 2007- 2009 monitoring periods, and preliminary data for 2010 that is consistent with continued attairunent, EPA is finalizing its determination that the BR area 

### has attained the 1997 8-hour
ozone standard. As provided in 40 CFR 51.918, the requirements for submitting the 19978-5 

### hour ozoneattainment demonstration SIP, theRFP requirements, section 172(c)(9) contingency
measures and anyother planning SIPsrelated to attainment ofthe 

### 19978-hour ozoneNAAQS


### are suspended for so long as thearea continues toattain the 19978-hour ozonestandard.
V. Statutoryand ExecutiveOrder Reviews Thisaction makes a determination 

### ofattainment based upon airquality 

### that results in suspensions ofcertain CleanAirAct requirements, and does not imposeadditional requirements. 

### For that reason, thisaction: • is nota "significantregulatory 

### action" subject to 

### review

### bythe OfficeofManagement and Budget under Executive Order 12866 (58 FR 51735, October 4,1993); 

### • does notimpose aninformation 

### collection burden under the provisions ofthePaperwork Reduction Act (44 U.S.C. 3501 

### et seq.); 

### • is certified as nothaving a significant economic impact on a substantial number ofsmall entities under the Regulatory Flexibility Act (5 U.S.C. 601 

### et seq.); 

### • does notcontain anyunfunded mandate orsignificantly oruniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4); 

### • does not haveFederalism implications as specified inExecutive Order 13132 (64 FR 43255, August 10, 1999); 

### • is not aneconomically significant regulatory action based on healthor safetyrisks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); 

### • is not asignificant regulatory actionsubject to Executive Order 13211 (66 FR28355, May 22, 2001);

### 6
• is not subject to requirements ofSection 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (IS U.S.C. 272 note) because application ofthose 

### requirements wouldbe inconsistent with 

### the CleanAir Act;and

• does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 

### In addition, this rule does not have tribal implications as specified 

### by Executive Order 13175 (65 FR 67249, November 9, 2000), because there is no federally recognized Indian country located in the states, and EPA notes that 

### it 

### willnot 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 ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House ofRepresentatives. and 

### the Comptroller General ofthe United States prior to publication ofthe rules 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) ofthe Clean Air Act, petitions for judicial review ofthese actions must 

### befiled in the United States Court ofAppeals for the appropriate circuit by 

### [FEDERAL REGISTER OFFICE: insert date 60 days from date of pUblieation of this document 

### inthe Federal Register). Filing a petition for reconsideration by the Administrator

### 7 ofthese final rules does not affect the finality ofthis 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 theeffectiveness of suchrule or action. Thisactionmay not bechallenged laterin proceedings to enforce its requirements. (See section 307(b)(2).)



### List of Subjects in 40 CFR Part S2

Al Dated: --'1--'--'''{-'----- Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxides, Oz ne, Re rting and recordkeeping requirements, Volatile organic compounds.



### RegionalAdministrator,**~~~.**

### 8 40 CFR part 52 is amended as follows: 

### PART 52-IAMENDEDI 1. The authority citation for part 52 continues to 

### read as follows: Authority: 42 U.S.c. 7401 et seq.
Subpart T-Louisiana 

### 2. 

### Section 52.977

### is amended bydesignating the existingundesignated paragraph as paragraph (a) and by adding a new paragraph 

### (b) to read as follows:


### § 52.977 Control strategy and regulations: Ozone.



### ... ... 

### ... ... 

### ... (b) Determination 

### ofAttainment. Effective [Insert date 30 days from date of 

### publication in the FederalRegister] 

### EPA 

### has determined 

### that the Baton Rouge 

### 8-hour ozone nonattainment area has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). Under the provisions of40 CFR 51.918 this detennination suspends the 

### requirements for thisarea to submit anattainment demonstration, areasonable further progress plan, applicable contingency measures, andother planning Louisiana State Implementation Plan (SIP) requirements related to attainment ofthe 1997 g-hour ozone NAAQS for so long as the 

### area continues toattain the 1997 

### 8-hour ozoneNAAQS.