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[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Rules and Regulations]
[Pages 101475-101477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29438]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2024-0380; FRL-12206-02-R6]

Finding of Failure To Attain by the Attainment Date for the 2010 
1-Hour Primary Sulfur Dioxide National Ambient Air Quality Standard; 
Louisiana; Evangeline Parish Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is making a 
determination that the Evangeline Parish, Louisiana, sulfur dioxide 
(SO2) nonattainment area (NAA) failed to attain the 2010 1-
hour primary SO2 national ambient air quality standard (2010 
SO2 NAAQS) under the Clean Air Act (CAA or the Act) by the 
applicable statutory attainment date of April 9, 2023. This 
determination is based upon consideration and review of all relevant 
and available information for the NAA, including reported emissions 
records and available modeling data for the area's primary 
SO2 source, Cabot Corporation's Ville Platte Plant (Cabot).

DATES: This rule is effective on January 15, 2025.

ADDRESSES: EPA established a docket for this action under Docket ID No. 
EPA-R06-OAR-2024-0380. All documents in the docket are listed on the 
https://www.regulations.gov website. 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. Publicly available docket materials are 
available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ronald Thomas, SO2 and 
Regional Haze Section (R6-ARSH), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region 6, 1201 Elm Street, Suite 500, 
Dallas, Texas 75270. His direct telephone number is (214) 665-7478. Mr. 
Thomas can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our 
September 4, 2024, proposal (89 FR 71872). In that document, we 
proposed to determine that the Evangeline Parish SO2 
nonattainment area failed to attain the 2010 SO2 NAAQS by 
the applicable statutory attainment date of April 9, 2023. In summary, 
our proposed determination was based upon evaluation of SO2 
emissions data and prior modeling for the NAA. Specifically, this 
proposed determination was supported by data showing that emissions 
have increased when comparing the 2020-2022 period to the modeled 
emissions at designation. Based on this increase in emissions, there is 
nothing to suggest that the area is no longer in violation of the NAAQS 
as demonstrated by the 2017 modeling analysis for the initial 
designation of the area.
    The public comment period for our proposed determination expired on 
October 4, 2024. The EPA received no comments on our September 4, 2024, 
proposal. Therefore, we are finalizing our action as proposed.

II. Final Action

    The EPA is finalizing the September 4, 2024, proposed finding, and 
per CAA section 179(c)(1)-(2), the EPA determines that the Evangeline 
Parish SO2 NAA has not attained the 2010 one-hour 
SO2 NAAQS of 75 ppb by the applicable statutory attainment 
date of April 9, 2023.

[[Page 101476]]

    Publication of this final rule has the following consequences for 
the State of Louisiana: (1) under CAA section 179(d), the State has up 
to 12 months from the publication of this notice to submit a revised 
SIP for the area demonstrating attainment and containing any additional 
measures that the EPA may reasonably prescribe that can be feasibly 
implemented in the area in light of technological achievability, costs, 
and any non-air quality and other air quality-related health and 
environmental impacts as required; (2) according to CAA section 
179(d)(3), such a revised SIP is to achieve attainment of the 2010 
SO2 NAAQS as expeditiously as practicable, but no later than 
5 years from the date of notice of the area's failure to attain (i.e., 
5 years after the EPA publishes a final action in the Federal Register 
determining that the area failed to attain the 2010 SO2 
NAAQS); and (3) in addition to triggering requirements for a new SIP 
submittal, this final determination triggers the implementation of 
contingency measures in this NAA adopted under 172(c)(9).

III. Environmental Justice Considerations

    Information on Executive Order 12898 (Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations, 59 FR 7629, February 16, 1994) and how EPA defines 
environmental justice (EJ) can be found in the section titled ``IV. 
Statutory and Executive Order Reviews.'' EPA provided analysis of 
environmental justice associated with this action solely for 
informational purposes, and the results of this analysis were addressed 
in Section IV of our proposal.
    This final rule formalizes EPA's determination that the Evangeline 
Parish SO2 NAA has failed to attain the 2010 SO2 
NAAQS of 75 ppb by the applicable attainment date of April 9, 2023, in 
accordance with EPA's obligation to make a determination on attainment 
by the attainment date in section 179(c)(1)-(2) of the CAA. This action 
provides notice to the public that the area has failed to attain the 
NAAQS and informs the State of Louisiana of CAA requirements that the 
State needs to meet.
    Information on SO2 and its relationship to negative 
health impacts can be found at final Federal Register notice titled 
``Primary National Ambient Air Quality Standard for Sulfur Dioxide'' 
(75 FR 35520, June 22, 2010).\1\ We expect that this action will not 
have a detrimental impact on the population, including communities with 
EJ concerns, in and near the Evangeline Parish NAA.
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    \1\ See https://www.federalregister.gov/d/2010-13947.
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IV. Statutory and Executive Order Reviews

    This action finds that an area has failed to attain the NAAQS by 
the relevant attainment date and does not impose additional or modify 
existing requirements. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     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); and
     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 Clean Air Act;
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with EJ concerns to the 
greatest extent practicable and permitted by law. The EPA defines EJ as 
``the fair treatment and meaningful involvement of all people 
regardless of race, color, national origin, or income with respect to 
the development, implementation, and enforcement of environmental laws, 
regulations, and policies.'' The EPA further defines the term fair 
treatment to mean that ``no group of people should bear a 
disproportionate burden of environmental harms and risks, including 
those resulting from the negative environmental consequences of 
industrial, governmental, and commercial operations or programs and 
policies.''
    Section IV of the proposal for this action presented our EJ 
analysis, but we did not consider EJ as a basis for this action. Due to 
the nature of the action being taken here, this action is not expected 
to have a detrimental impact on the populations, including communities 
with EJ concerns, in the Evangeline Parish NAA. Consideration of EJ is 
not required as part of this action, which finds that the NAA failed to 
attain the 2010 SO2 NAAQS by the applicable attainment date, 
and there is no information in the record inconsistent with the stated 
goal of E.O. 12898 of achieving environmental justice for communities 
with EJ concerns.
    In addition, this final rulemaking, the finding of failure to 
attain by the attainment date for the Evangeline Parish SO2 
NAA, does not have tribal implications as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), because this action is not 
intended to apply in Indian country located in the State, and the EPA 
notes that it will not impose substantial direct costs on tribal 
governments or preempt tribal law.
    This action is exempt from the Congressional Review Act because it 
is a rule of particular applicability. The rule makes factual 
determinations for an identified entity (the Evangeline Parish area of 
Louisiana), based on facts and circumstances specific to that entity. 
The determination of failure to attain the 2010 SO2 NAAQS 
does not in itself create any new requirements beyond what is mandated 
by the CAA.
    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 February 14, 2025. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this 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 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).)

[[Page 101477]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Pollution, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: December 9, 2024.
Earthea Nance,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the EPA amends chapter I, 
title 40 of the Code of Federal Regulations 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.  52.978 by adding paragraph (b) to read as follows:

Sec.  52.978  Control strategy and regulations: Sulfur Dioxide.

* * * * *
    (b) Determination of failure to attain. Effective January 15, 2025, 
the EPA has determined that the Evangeline Parish nonattainment area 
failed to attain the 2010 1-hour primary sulfur dioxide 
(SO2) national ambient air quality standard (NAAQS) by the 
applicable statutory attainment date of April 9, 2023. This 
determination triggers the requirements of CAA section 179(d) for the 
State of Louisiana to submit a revision to the Louisiana SIP for the 
Evangeline Parish nonattainment area to the EPA December 16, 2024. The 
SIP revision must, among other elements, provide for attainment of the 
1-hour primary SO2 NAAQS in the Evangeline Parish 
SO2 nonattainment area as expeditiously as practicable but 
no later than December 16, 2029.

[FR Doc. 2024-29438 Filed 12-13-24; 8:45 am]
BILLING CODE 6560-50-P
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