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, under the 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 related to 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 of publication 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 FURTHER INFORMATION

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 of 8:00 a.m. and

4:00 p.m. weekdays except for legal holidays. Special arrangements should be made for

deliveries of boxed information.
3

Instructions: Direct your comments to Docket ID 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 claimed to be

Confidential Business Information (CBI) or other information the disclosure of which is

restricted by statute. Do not submit information through www.regulations.gov or e-mail

that you consider to 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 of your

comment. If you 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 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 and with any disk or

CD-ROM you submit. 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 ofspecial characters, any form of encryption, and be

free of any 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 either electronically in www.regulations.gov or in hard
4

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 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. If possible, 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), 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 of This 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 Order Reviews

I. What Action Is EPA Taking?

EPA is proposing to determine that the Baton Rouge, Louisiana moderate 1997 8-hour

ozone nonattainment area (hereafter the 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 of This Action?

Ifthis proposed determination is made final, under the provisions of EPA'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 determination that the

area has met the other requirements for redesignation. The classification and designation

status ofthe area would 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.

Ifthis rulemaking is finalized and EPA subsequently determines, after notice-andcomment rulemaking 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 thereafter have 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-hour ozone NAAQS based on the three most recent years (2001-

2003) 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. 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-hour ozone 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-hour ozone standard at the end ofthe 2008 ozone season,

based on three years of complete, 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 CFR part 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 of days with valid ambient monitoring data is greater than 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

Port Allen (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-hour ozone 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 other relevant

matters pertaining to this rulemaking action. These comments will be considered before

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.
9

V. Proposed Action

EPA is proposing to determine that the Baton Rouge 1997 8-hour ozone moderate

nonattainment area has attained the 1997 8-hour ozone 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 Baton Rouge area to submit

planning SIPs related to attainment ofthe 1997 8-hour ozone NAAQS for this area, for so

long as the area continues to attain the standard.

VI. Statutory and Executive Order Reviews

This action proposes to make a determination of attainment based on air quality, and

would, iffinalized, result in the suspension of certain Federal requirements, and would

not impose additional requirements beyond those imposed by state law. For that reason,

this proposed action:

• Is not a "significant regulatory action" subject to review by the Office ofManagement

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

• Does not impose an information collection burden under the provisions ofthe

Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
10

• 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 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 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 the requirements of Section 12(d) ofthe National Technology Transfer

and Advancement Act of 1995 (15 U.S.c. 272 note) because application ofthose

requirements would be inconsistent with 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 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.

List of Subjects in 40 CFR Part 52
11

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.