### ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2010-0113; FRL-_________________] Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Determination of Attainment of the 1997 Ozone Standard

AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule.
SUMMARY: The EPA is proposing to determine that the Baton Rouge, Louisiana moderate 1997 8-hour ozone nonattainment area has attained the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for ozone. This proposed determination is based upon complete, quality assured, certified ambient air monitoring data that show the area has monitored attainment of the 1997 8-hour ozone NAAQS since the 2006-2008 monitoring period, and continues to monitor attainment of the NAAQS based on 2009 data. If this proposed determination is made final, underthe provisions of EPA’s ozone implementation rule, the requirements for this area to submit an attainment demonstration, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans relatedto attainment of the 1997 8-hour ozone NAAQS shall be suspended for so long as the area continues to attain the 1997 ozone NAAQS.2 DATES: 

### Written comments must be received on or before [Insert date 30 days from date ofpublication in the Federal Register].

ADDRESSES: 

### Submit your comments, identified by Docket No. EPA-R06-0AR-2010- 0113, by one ofthe following methods: Federal Rulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments. U.S. EPA Region 6 "Contact Us" web site: http://epa.gov/region6/r6coment.htm. Please click on "6PD"(Multimedia) and select "Air" before submitting comments. E-mail: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please also send a copy by email to the person listed in the FOR FURTHERINFORMATION CONTACT 

### section below. Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), at fax number 214-665-7263. Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only between the hours of8:00 a.m. and 4:00 p.m. weekdays except for legal holidays. Special arrangements should be made for deliveries ofboxed information.3 

### Instructions: Direct your comments to DocketID No. EPA-R06-0AR-2010-0113.

EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimedto be Confidential Business Information (CBI) or other information the disclosure ofwhich is restricted by statute. Do not submit information through www.regulations.gov or e-mail that you considerto be CBI or otherwise protected from disclosure. The www.regulations.gov website is an anonymous access system, which means EPA will not know your identity or contact information unless you provide it in the body ofyour comment. Ifyou send an e-mail comment directly to EPA without going through www.regulations.gov, your e-mail address will be automatically captured and included as part ofthe commentthat is placed in the public docket and made available on the Internet. Ifyou submit an electronic comment, EPA recommends that you include your name and other contact information in the body ofyour comment and with any disk or CD-ROM you submit. IfEPA cannot read your comment due to technical difficulties and cannot contactyou for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use ofspecial characters, any form ofencryption, and be free ofany defects or viruses. 

### Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available eitherelectronically in www.regulations.gov or in hard4 copy at the Air Planning Section (6PD-L), 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 of8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. Contactthe person listed in the FOR FURTHER INFORMATION CONTACT paragraph belowto make
an appointment. Ifpossible, please make the appointment at least two working days in advance ofyourvisit. 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. SandraRennie, Air Planning Section (6PD-L), Environmental 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 whenever "we," "us," or "our" is used, we mean EPA. Organization ofthis document. The following outline is provided to aid in locating information in this preamble.



### 1. What Action Is EPA Taking? II. What Is the Effect ofThis Action? III. What Is the Background for This Action?

### 5 IV. What Is EPA's Analysis ofthe Relevant Air Quality Data? V. Proposed Action VI. Statutory and Executive OrderReviews

I. What Action Is EPA Taking?

EPA is proposing to determine that the Baton Rouge, Louisiana moderate 1997 8-hour
ozone nonattainment area (hereafterthe Baton Rouge area) has attained the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for ozone. This proposed determination is based upon complete, quality assured and certified ambient air monitoring data that show the area has monitored attainment ofthe ozone NAAQS since the 2006-2008 monitoring period, and monitoring data that continue to show attainment ofthe NAAQS based on 2009 data in the Air Quality System (AQS) database. Preliminary data available to date for the 2010 ozone season are also consistent with continued attainment.

II. What Is the Effect ofThis Action? Ifthis proposed determination is made final, under the provisions ofEPA's ozone implementation rule (see 40 CFR Section 51.918), the requirements for the Baton Rouge area to submit an attainment demonstration, a reasonable further progress plan, section 172(c)(9) contingency measures, and any other State Implementation Plan (SIP) planning
measures related to attainment ofthe 1997 8-hour ozone NAAQS would be suspended for so long as the area continues to attain the ozone NAAQS.

### 6 This proposed action, iffinalized, would not constitute a redesignation to attainment under CAA section 107(d)(3), because we would not yet have an approved maintenance plan for the area as required under section 175A ofthe CAA, nor a determinationthat the area has met the other requirements for redesignation. The classification and designation status ofthe area would remain moderate nonattainment for the 1997 8-hourozone. NAAQS until such time as EPA determines that it meets all the CAA requirements for redesignation to attainment. Ifthis rulemaking is finalized and EPA subsequently determines, after notice-andcommentrulemaking in the Federal Register, that the area has violated the 1997 8-hour
ozone standard, the basis for the suspension ofthese requirements would no longer exist, and the area would thereafterhave to address the pertinent CAA requirements.

III. What Is the Background for This Action?
On April 30, 2004 (69 FR 23857), EPA designated as nonattainment any area that was violating the 1997 8-hourozone NAAQS based on the three most recent years (2001- 2003) ofair 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. The Baton Rouge area was reclassified to moderate on March 21, 2008, effective on April 21, 2008 (73 FR 15087). Recent air quality data indicate that the Baton Rouge area is now attaining the 1997 8-hourozone standard.

IV. What Is EPA's Analysis ofthe Relevant Air Quality Data?7 The EPA has reviewed the Baton Rouge area's 2006-2008 ambient air monitoring data for ozone consistent with the requirements contained in 40 CFR Part 50 and recorded in the EPA AQS database. On the basis ofthat review, EPA has concluded that this area attained the 1997 8-hourozone standard at the end ofthe 2008 ozone season, based on three years ofcomplete, quality-assured and state certified 2006-2008 ozone data. In addition, ozone data for 2007-2009, also in AQS, show the area continues to attain the 1997 8-hour ozone NAAQS. Under EPA regulations at 40 CFR Part 50, the 1997 8-hour ozone standard is attained when the 3-year average ofthe annual fourthhighest daily maximum 8-hour average ozone concentrations at an ozone monitor is less than or equal to 0.08 parts per million (ppm) (i.e., 0.084 ppm, based on the rounding convention in 40 CFRpart 50, Appendix I). This 3-year average is referred to as the design value. When the design value is less than or equal to 0.084 ppm at each monitor within the area, then the area is meeting the NAAQS. (See 69 FR 23857 (April 30, 2004) for further information.) Also, the data completeness requirement is met when the average percent ofdays with valid ambient monitoring data is greaterthan 90%, and no single year has less than 75% data completeness as determined in Appendix I of40 CFR Part 50. Table 1 shows the fourth-highest daily maximum 8-hour average ozone concentrations for the Baton Rouge, Louisiana nonattainment area monitors for the years 2006-2009.

### 8 Table 1 - Fourth High 8-hour Ozone Average Concentrations and Design Values (ppm) in the Baton Rouge Area I
Design Values Site 4th**Hi~hest** Daily Max Three Year 

### Averages 2006 2007 2008 2009 2006- 2007- 2008 2009 Plaquemine (22-047-0009) 0.083 0.079 0.076 0.071 0.079 0.075 Carville (22-047-0012) 0.085 0.086 0.073 0.076 0.081 0.078 Dutchtown (22-005-0004) 0.087 0.088 0.074 0.074 0.083 0.078 Baker (22-033-1001) 0.091 0.077 0.071 0.071 0.079 0.073 LSU (22-033-0003) 0.085 0.085 0.072 0.084 0.080 0.080 Grosse Tete (22-047-0007) 0.086 0.084 0.071 0.070 0.080 0.075 PortAllen (22-121-0001) 0.087 0.076 0.072 0.072 0.078 0.073 Pride (22-033-0013) 0.082 0.077 0.074 0.072 0.077 0.074 French Settlement (22-063- 0.079 0.084 0.075 0.075 0.079 0.078 0002) Capitol (22-033-0009) 0.084 0.074 0.067 0.076 0.075 0.072
I Unlike for the l-hour ozone standard, design value calculations for the 1997 8- hour ozone standard are based on a rolling three-year average ofthe annual 4th highest values (40 CFR Part 50, Appendix I).

EPA's review ofthese data shows that the Baton Rouge ozone nonattainment area has met and continues to meet the 1997 8-hour ozone NAAQS. Data for 2007-2009, show the
area continues to attain the 1997 8-hourozone NAAQS. Preliminary data available to date for the 2010 ozone season are consistent with continued attainment. EPA is soliciting public comments on the issues discussed in this notice or on otherrelevant matters pertaining to this rulemaking action. These comments will be consideredbefore EPA takes final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to the EPA Region 6 Office listed in the ADDRESSES section ofthis Federal Register.

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V. Proposed Action

EPA is proposing to determine that the Baton Rouge 1997 8-hour ozone moderate nonattainment area has attained the 1997 8-hourozone standard, based on complete, quality assured data through 2008, and data for 2007-2009 indicating continued attainment. Preliminary data for the 2010 ozone season available to date are consistent with continued attainment. As provided in 40 CFR Section 51.918, ifEPA finalizes this determination, it would suspend the requirements for the BatonRouge area to submit planning SIPs related to attainmentofthe 1997 8-hour ozone NAAQS for this area, for so long as the area continues to attain the standard.



### VI. Statutory and Executive OrderReviews

This actionproposes to make a determination ofattainmentbased on air quality, and would, iffinalized, result in the suspension ofcertain Federal requirements, and would not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a "significantregulatory action" subjectto review by the Office ofManagement and Budgetunder Executive Order 12866 (58 FR 51735, October4, 1993); • Does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

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• Is certified as not having a significanteconomic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.c. 601 

### etseq.); • 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 significantregulatory action based on health or safety risks subjectto Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significantregulatory action subject to Executive Order 13211 (66 FR 28355, May 22,2001); • Is not subject to the requirements ofSection 12(d) oftheNational Technology Transfer and AdvancementAct of 1995 (15 U.S.c. 272 note) because application ofthose requirements would be inconsistentwith the Clean Air 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 specifiedby Executive Order 13175 (65 FR 67249, November 9,2000), because the SIP is not approvedto apply in Indian country located in the state, and EPA notes that it will not impose substantial directcosts on tribal governments or preempttribal law. List ofSubjects in 40 CFRPart 52

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Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401, et seq.

Dated: Acting Regional Administrator, Region 6.