ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-0AR-20I0-6U3; FRL- ]

Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Baton Rouge

8aHourOzone 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 20 lOis

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
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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 he publicly 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 fee of 15 cents per page for making

photocopies of documents. 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
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V. Statutory and Executive Order Reviews.

I. What Action is EPA Taking?

We are determining that the BR 8-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 thatshow the area

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

monitoring periods, and that preliminary 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), the requirements forthis area to submit an

attainment demonstration, a reasonable further progress plan (RFP), applicable contingency

measures, andotherplanning State Implementation 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.

The rationale forour action is explained in the Notice of Proposed Rulemaking (NPR)

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

comment in support ofthe proposal.

II. What is the Effect ofthis Action?

Under the provisions of EPA's ozone implementation rule, 40 CFR 51.918, the

requirements forthe Stateof Louisiana to submit an attainment demonstration, a RFP plan,

contingency measures 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.
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IfEPA subsequently determines, after notice-and-comment rulemaking in the Federal

Register, that the BR area has violated the 1997 8-hour ozone NAAQS, the basis for the

suspension of the requirements wouldno longer exist, andEPA wouldtake action 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 behalf ofthe 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

area has 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-
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hour ozone attainment demonstration SIP, theRFP requirements, section 172(c)(9) contingency

measures and any other planning SIPs related to attainment ofthe 1997 8-hour ozoneNAAQS

are suspended for so long as thearea continues to attain the 1997 8-hour ozone standard.

V. Statutoryand ExecutiveOrder Reviews

This action makes a determination of attainment based upon airquality that results in

suspensions ofcertain CleanAirAct requirements, and does not imposeadditional requirements.

For that reason, thisaction:

• is nota "significant regulatory action" subject to reviewby the Office ofManagement

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 not contain anyunfunded mandate or significantly or uniquely 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 an economically significant regulatory action based on healthor safetyrisks subject

to Executive Order 13045 (62 FR 19885, April 23, 1997);

• is not a significant regulatory actionsubject to Executive Order 13211 (66 FR28355,

May 22, 2001);
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• is not subject to requirements of Section 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 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 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 be filed in the United States Court of Appeals for the appropriate circuit by

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

document in the Federal Register). Filing a petition for reconsideration by the Administrator
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ofthese final rules does not affect the finality ofthis action for the purposes ofjudicial review

nor does it extend the time within which a petition for judicial review may be filed, and shall not

postpone the effectiveness of suchrule or action. Thisactionmay not be challenged 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.

Regional Administrator, ~~~.
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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 by designating 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 of 40 CFR 51.918 this detennination suspends the

requirements for this area to submit an attainment demonstration, a reasonable 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 to attain the 1997 8-hour ozoneNAAQS.