Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations 21139 

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 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 direct 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: April 3, 2014. 

Karl Brooks, 

Regional Administrator, Region 7. 

Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart AA—Missouri 

■ 2. In § 52.1320 the table in paragraph 

(c) is amended by revising the entry for 

10–5.490 as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective 

date EPA Approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area 

*******

10–5.490 ...................................... Municipal Solid Waste Landfills. .. 5/30/12 4/15/14 insert FEDERAL

REGISTER page number 

where the document begins].

*******

* * * * * 

[FR Doc. 2014–08338 Filed 4–14–14; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 


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21140 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations 

1See Louisiana’s letter from Secretary Peggy 

Hatch to Mr. Ron Curry, dated January 23, 2014 in 

the docket for this action. 

2Our 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. 

3See 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. 

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

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 qualityassured air quality monitoring data. 

Under EPA regulations at 40 CFR Part 

50, the 2008 8-hour ozone standard is 


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Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations 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 qualityassured 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 × 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

Site 

4th Highest daily max Design values 

three year 

averages 

2011 2012 2013 

2011–2013 

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 

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). 2The 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) 

Baton Rouge area overall 

Design value 

three year 

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 


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21142 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart T—Louisiana 

■ 2. Amend § 52.977 to add a new 

paragraph (e) to read as follows: 

§ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0500; FRL–9909–57– 

Region–6] 

Approval and Promulgation of 

Implementation Plans; Louisiana; 

Interstate Transport of Fine Particulate 

Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a portion of 

a State Implementation Plan (SIP) 

submittal, and technical supplement 

from the State of Louisiana to address 

Clean Air Act (CAA) requirements in 

section 110(a)(2)(D)(i)(I) that prohibit air 

emissions which will contribute 

significantly to nonattainment or 

interfere with maintenance in any other 

state for the 2006 fine particulate matter 

(PM2.5) national ambient air quality 

standards (NAAQS). EPA has 

determined that the existing SIP for 

Louisiana contains adequate provisions 

to prohibit air pollutant emissions from 

significantly contributing to 

nonattainment or interfering with 

maintenance of the 2006 24-hour PM2.5

NAAQS (2006 PM2.5 NAAQS) in any 

other state as required by section 

110(a)(2)(D)(i)(I) of the CAA. 

DATES: This final rule is effective on 

May 15, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2011–0500. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 


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