[Federal Register Volume 73, Number 180 (Tuesday, September 16, 2008)]
[Rules and Regulations]
[Pages 53373-53378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21196]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-0603; FRL-8713-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Louisiana; Approval of Section 110(a)(1) Maintenance Plan for the 1997 
8-Hour Ozone Standard for the New Orleans Ozone Maintenance Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving this revision to the Louisiana State 
Implementation Plan (SIP) concerning the maintenance plan addressing 
the 1997 8-hour ozone standard for the New Orleans Ozone Maintenance 
Area. On June 29, 2007, the State of Louisiana submitted a maintenance 
plan for the New Orleans Ozone Maintenance Area, which includes the 
parishes of Jefferson, Orleans, St. Bernard and St. Charles, which 
ensures continued attainment of the 1997 8-hour ozone National Ambient 
Air Quality Standard (NAAQS) through the year 2014. This maintenance 
plan meets the statutory and regulatory requirements, and is consistent 
with EPA's guidance. EPA is approving the revision pursuant to section 
110 of the Federal Clean Air Act (CAA). On March 12, 2008, EPA issued a 
revised ozone standard. Today's action, however, is being taken to 
address requirements under the 1997 ozone standard. Requirements for 
the New Orleans area under the 2008 standard will be addressed in 
future actions.

DATES: This rule is effective on November 17, 2008 without further 
notice, unless EPA receives relevant adverse comment by October 16, 
2008. 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-
2007-0603, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
    <bullet> E-mail: Mr. Guy Donaldson at <a href="/cdn-cgi/l/email-protection#c0a4afaea1aca4b3afaeeea7b5b980a5b0a1eea7afb6"><span class="__cf_email__" data-cfemail="84e0ebeae5e8e0f7ebeaaae3f1fdc4e1f4e5aae3ebf2">[email protected]</span></a>. Please 
also send a copy by e-mail to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
    <bullet> Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
    <bullet> Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
    <bullet> 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 am and 4 pm 
weekdays except for legal holidays. Special arrangements should be made 
for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2007-0603. 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 whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site 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 
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 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 of special 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 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 am and 4:30 pm weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an 
appointment. If possible, please make the appointment at least two 
working days in advance of your visit. There will be a 15 cent per page 
fee for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment:
    Louisiana Department of Environmental Quality, Public Records 
Center, Room 127, 602 N. Fifth Street, Baton Rouge, Louisiana 70821.

FOR FURTHER INFORMATION CONTACT: Ellen Belk, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 
700, Dallas, Texas 75202-2733, telephone (214) 665-2164, fax number 
214-665-7263; e-mail address <a href="/cdn-cgi/l/email-protection#7311161f185d161f1f161d331603125d141c05"><span class="__cf_email__" data-cfemail="8be9eee7e0a5eee7e7eee5cbeefbeaa5ece4fd">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'' 
``us'' or ``our'' is used, we mean the EPA.

Outline

I. Background
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Under section 107 of the 1977 CAA, Louisiana's New Orleans Ozone 
Maintenance Area, which includes the

[[Page 53374]]

parishes of Jefferson, Orleans, St. Bernard and St. Charles, was 
designated as a nonattainment area because it did not meet the National 
Ambient Air Quality Standards (NAAQS) for 1-hour ozone (40 CFR 81.319). 
As required by section 110 of the CAA, the state of Louisiana submitted 
a SIP to EPA on December 10, 1979. EPA approved this SIP on October 29, 
1981 (46 FR 53412). Under the 1990 CAA Amendments, the New Orleans 
Ozone Maintenance Area was classified as a ``transitional'' ozone 
nonattainment area, and the nonattainment designation for the 1-hour 
ozone NAAQS continued by operation of law since Louisiana had not yet 
collected the required three years of data necessary to petition for 
redesignation to attainment.
    On October 15, 1994, Louisiana submitted a request to redesignate 
the New Orleans Ozone Maintenance Area to attainment for the 1-hour 
ozone standard. At the same time, the State submitted the required 
ozone monitoring data and maintenance plan for the New Orleans Ozone 
Maintenance Area to ensure the area would remain in attainment for 1-
hour ozone for a period of 10 years. At the time of the 1994 
maintenance plan submission, the New Orleans Consolidated Metropolitan 
Statistical Area was comprised of six parishes including Jefferson, 
Orleans, St. Bernard, St. Charles, St. John the Baptist and St. 
Tammany. Maintenance and contingency plans were not included in the 
action for the parishes St. John the Baptist and St. Tammany as St. 
John the Baptist Parish was previously redesignated to attainment and 
St. Tammany Parish was never designated as nonattainment.
    Under the CAA, nonattainment areas may be redesignated to 
attainment if sufficient data are available to warrant the 
redesignation and the area meets the other CAA redesignation 
requirements. The submission met the maintenance plan and redesignation 
requirements set forth in the CAA, and EPA approved Louisiana's request 
to redesignate the New Orleans Ozone Maintenance Area to attainment for 
the 1-hour ozone standard and approved the New Orleans Ozone 
Maintenance Area maintenance plan on October 2, 1995 (60 FR 51354), 
with an effective date of December 1, 1995.
    On April 30, 2004, EPA designated and classified areas for the new 
1997 8-hour ozone NAAQS (69 FR 23858), and published the final Phase 1 
rule for implementation of the 1997 8-hour ozone NAAQS (69 FR 23951). 
The New Orleans Ozone Maintenance Area was designated as 
unclassifiable/attainment for the 1997 ozone standard, effective June 
15, 2004. This designation included the parishes of Jefferson, Orleans, 
St. Bernard and St. Charles. The attainment area was consequently 
required to submit a 10-year maintenance plan under section 110(a)(1) 
of the CAA and the Phase 1 rule. On May 20, 2005, EPA issued guidance 
providing information regarding how a state might fulfill the 
maintenance plan obligation established by the Act and the Rule 
(Memorandum from Lydia N. Wegman to Air Division Directors, Maintenance 
Plan Guidance Document for Certain 8-hour Ozone Areas Under Section 
110(a)(1) of Clean Air Act, May 20, 2005). This SIP revision satisfies 
the section 110(a)(1) CAA requirements for a plan that provides for 
implementation, maintenance, and enforcement of the 1997 8-hour ozone 
NAAQS in the New Orleans Ozone Maintenance Area.
    On December 22, 2006, the United States Court of Appeals for the 
District of Columbia Circuit issued an opinion that vacated EPA's Phase 
1 Implementation Rule for the 1997 Ozone Standard. (South Coast Air 
Quality Management District. v. EPA, 472 F.3d 882 (DC Cir. 2006)). 
Petitions for rehearing were filed with the Court, and on June 8, 2007, 
the Court modified the scope of the vacatur of the Phase 1 rule. The 
Court vacated those portions of the Rule that provide for regulation of 
the 1997 8-hour ozone NAAQS nonattainment areas under Subpart 1 in lieu 
of Subpart 2 and that allow backsliding with respect to new source 
review, penalties, milestones, contingency plans, and motor vehicle 
emission budgets. Consequently, the Court's modified ruling does not 
alter any requirements under the Phase 1 8-hour ozone implementation 
rule for maintenance plans.

II. Analysis of the State's Submittal

    On June 29, 2007, the State of Louisiana submitted a SIP revision 
containing a 1997 8-hour ozone maintenance plan for the New Orleans 
Ozone Maintenance Area, including the parishes of Jefferson, Orleans, 
St. Bernard and St. Charles. This June revision provides the 
maintenance plan for the 1997 8-hour ozone NAAQS for the maintenance 
area named above as required by section 110(a)(1) of the CAA and the 
provisions of EPA's Phase 1 Implementation Rule (see 40 CFR 
51.905(a)(4)). The purpose of this plan is to ensure continued 
attainment and maintenance of the 1997 8-hour ozone NAAQS in the New 
Orleans Ozone Maintenance Area, which includes the parishes of 
Jefferson, Orleans, St. Bernard and St. Charles.
    In this action, EPA is approving the State's maintenance plan for 
the 1997 8-hour ozone NAAQS for the New Orleans Ozone Maintenance Area 
because EPA finds that the LDEQ submittal meets the requirements of 
section 110(a)(1) of the CAA, EPA's rule, and is consistent with EPA's 
guidance. As required, this plan provides for continued attainment and 
maintenance of the 1997 8-hour ozone NAAQS in this area for 10 years 
from the effective date of the area's designation as unclassifiable/
attainment for the 1997 ozone NAAQS, includes components illustrating 
how the New Orleans Ozone Maintenance Area will continue in attainment 
of the 1997 8-hour ozone NAAQS and provides contingency measures. Each 
of the section 110(a)(1) plan components is discussed below.
    (a) Attainment Inventory. The LDEQ developed comprehensive 
inventories of volatile organic compound (VOC) and nitrogen oxide 
(NO<INF>X</INF>) emissions from area, stationary, and mobile sources 
using 2002 as the base year to demonstrate maintenance of the 1997 
ozone NAAQS for the New Orleans Ozone Maintenance Area. The year 2002 
is an appropriate year for the LDEQ to base attainment level emissions 
because States may select any one of the three years on which the 8-
hour attainment designation for the 1997 ozone NAAQS was based (2001, 
2002, and 2003). The State's submittal contains the detailed inventory 
data and summaries by source category. The 2002 base year inventory is 
a good choice. Using the 2002 inventory as a base year reflects one of 
the years used for calculating the air quality design values on which 
the 8-hour ozone designation for the 1997 ozone NAAQS were based. It 
also is one of the years in the 2002-2004 period used to establish 
baseline visibility levels for the regional haze program.
    A practical reason for selecting 2002 as the base year emission 
inventory is that Section 110(a)(2)(B) of the CAA and the Consolidated 
Emissions Reporting Rule (67 FR 39602, June 10, 2002) require States to 
submit emissions inventories for all criteria pollutants and their 
precursors every three years, on a schedule that includes the emissions 
year 2002. The due date for the 2002 emissions inventory was 
established in the rule as June 2004. In accordance with these 
requirements, the State of Louisiana compiles a statewide emissions 
inventory for point sources on an annual basis. For stationary point 
sources in the New Orleans Ozone Maintenance Area, the LDEQ provided 
estimates for each commercial or industrial operation that emits 100 
tons or more per year of VOC or 100 tons or

[[Page 53375]]

more per year of NO<INF>X</INF> in Appendix A.1 of the maintenance 
plan. Stationary non-point source data was provided by E.H. Pechan & 
Associates, Inc., through the Central Regional Air Planning Association 
(CENRAP) using the methodology in ``Consolidation of Emissions 
Inventories'', section C, page 26. On-road mobile emissions of VOC and 
NO<INF>X</INF> were estimated using EPA's MOBILE6.2 motor vehicle 
emissions factor computer model. Non-road mobile emissions data were 
derived from the ``Emission Inventory Development For Mobile Sources 
and Agricultural Dust Sources for the Central States'' produced by 
Sonoma Technology, Inc. for CENRAP in October 2004 using EPA's NONROAD 
2004 non-road mobile emissions computer model. EPA finds that the LDEQ 
prepared the 2002 base year emissions inventories for the New Orleans 
Ozone Maintenance Area consistent with EPA's long-established guidance 
memoranda.
    In projecting data for the attainment year 2014 inventory, LDEQ 
used several methods to project data from the base year 2002 to the 
years 2008, 2011, and 2014. These projected inventories were developed 
using EPA-approved technologies and methodologies. Point source and 
non-point source projections were derived from the Emissions Growth 
Analysis System version 4.0 (EGAS 4.0). Non-road mobile projections 
were derived from EGAS 4.0, as well as from the National Mobile 
Inventory Model.
    The following table provides VOC and NO<INF>X</INF> emissions data 
for the 2002 base attainment year inventory, as well as projected VOC 
and NO<INF>X</INF> emission inventory data for the years 2008, 2011, 
and 2014 for the New Orleans Ozone Maintenance Area. Please see the 
Technical Support Document (TSD) for additional emissions inventory 
data including projections by source category.

 New Orleans Ozone Maintenance Area VOC and NOX Emissions Inventory Baseline (2002) and Projections (2008, 2011,
                                                    and 2014)
----------------------------------------------------------------------------------------------------------------
                                                               2002 tons    2008 tons    2011 tons    2014 tons
                          Emissions                             per day      per day      per day      per day
----------------------------------------------------------------------------------------------------------------
Total VOC...................................................       161.83       140.44       133.08       129.71
Total NOX...................................................       384.83       377.43       381.43       388.83
----------------------------------------------------------------------------------------------------------------

    As shown in the table above, total VOC emissions are projected to 
decrease and total NO<INF>X</INF> emissions are projected to increase 
slightly for the New Orleans Ozone Maintenance Area over the 10-year 
period of the maintenance plan. Emission projections for future years 
in the New Orleans Ozone Maintenance Area indicate a downward trend in 
VOC emissions through 2014 as VOC emissions are projected to decrease 
by 32.12 tpd, or approximately 20% (from 161.83 tpd to 129.71 tpd). 
NO<INF>X</INF> emission projections through 2014 initially show a 
downward trend in emissions, but then reflect an increase of 4 tons per 
day by the year 2014, or approximately 1% (from 384.83 tpd to 388.83 
tpd). This projected increase (1%) is relatively small considering that 
it occurs over a period of approximately twelve years (as from the 2002 
baseline). The slight upward trend in NO<INF>X</INF> emissions results 
from projected increases for the point and non-point source emission 
categories. Emissions from non-road mobile and on-road mobile sources 
are projected to decrease.
    Please see the TSD for more information on EPA's analysis and 
review of the State's methodologies, modeling data and performance, 
etc. for developing the base and attainment year inventories. As shown 
in the table above, the State has demonstrated that the future year 8-
hour ozone emissions will be less than the 2002 base attainment year's 
emissions. The projected 20% reduction (32.12 tpd) in VOC emissions is 
expected to sufficiently offset the projected 1% increase (4 tpd) in 
NO<INF>X</INF> emissions, enabling the area to continue to maintain the 
1997 ozone standard. The attainment inventory submitted by the LDEQ for 
the New Orleans Ozone Maintenance Area is consistent with the criteria 
discussed in the EPA Maintenance Plan Guidance memo dated May 20, 2005. 
EPA finds that the future emissions levels in 2008, 2011 and 2014 are 
expected to be similar to or less than the emissions levels in 2002.
    In the event that a future 8-hour ozone monitoring reading in the 
New Orleans Ozone Maintenance Area is found to violate the 1997 ozone 
NAAQS, the Contingency Plan section of Louisiana's maintenance plan 
includes contingency measures that will be promptly implemented to 
ensure that the area returns to maintenance of the 1997 ozone standard. 
Please see section (d) Contingency Plan, below, for additional 
information related to contingency measures.
    (b) Maintenance Demonstration. The primary purpose of a maintenance 
plan is to demonstrate how an area will continue to remain in 
compliance with the 1997 ozone NAAQS for the 10-year period following 
the effective date of designation as unclassifiable/attainment. The end 
projection year is 10 years from the effective date of the attainment 
designation for the 1997 ozone NAAQS, which for the New Orleans Ozone 
Maintenance Area was June 15, 2004. Therefore, the plan must 
demonstrate attainment through 2014. As discussed in section (a) 
Attainment Inventory above, Louisiana has identified the level of 
ozone-forming emissions in the New Orleans Ozone Maintenance Area; 
Louisiana has projected VOC and NO<INF>X</INF> emissions for the years 
2008, 2011, and 2014 in the New Orleans Ozone Maintenance Area; and EPA 
finds that the future emissions levels in those years are expected to 
be similar to or below the emissions levels in 2002. Please see the TSD 
for more information on EPA's review and evaluation of the State's 
2008, 2011, and 2014 projected emissions inventories.
    Louisiana relies on several air quality measures that will provide 
for additional 8-hour ozone emissions reductions in the New Orleans 
Ozone Maintenance Area. These measures include the following, among 
others: (1) Implementation of EPA's National Rule for VOC Emission 
Standards for Automobile Refinish Coatings (63 FR 48806), Consumer 
Products (63 FR 48819), and Architectural Coatings (63 FR 48848), (2) 
enacting of specific requirements from EPA's Tier 2 Motor Vehicle 
Emission Standards (65 FR 6697), EPA's Heavy-Duty Engine and Vehicle 
Standards (66 FR 5002), as well as EPA's gasoline and highway diesel 
fuel sulfur control requirements (66 FR 5002), and (3) EPA's required 
control of emissions from non-road diesel engines and fuels (69 FR 
38958). The purpose of these control measures is to reduce levels of 8-
hour ozone, including the New Orleans Ozone Maintenance Area.
    (c) Ambient Air Quality Monitoring. The State of Louisiana has 
committed in its maintenance plan for the New

[[Page 53376]]

Orleans Ozone Maintenance Area to continue operation of an appropriate 
ozone monitoring network and to work with EPA in compliance with 40 CFR 
Part 58 with regard to the continued adequacy of the network, if 
additional monitoring is needed, and when monitoring can be 
discontinued. There are four (4) monitoring sites in the New Orleans 
Ozone Maintenance Area that have operated in accordance with the 
requirements of 40 CFR Part 58 and the EPA-approved Quality Assurance 
Program Plan. Based on the June 2007 maintenance plan submission, each 
of the four (4) monitoring sites have recently monitored attainment 
with the 1997 ozone standard. The 1997 ozone NAAQS is 0.08 parts per 
million (ppm) based on the three-year average of the fourth-highest 
daily maximum 8-hour average ozone concentration measured at each 
monitor within an area. The 1997 ozone standard is considered to be 
attained at 84 parts per billion (ppb).
    As identified in the June 2007 maintenance plan submission, the 
Jefferson Parish ozone monitor has monitored attainment with the 1997 
ozone standard for the latest three complete three-year periods. The 
three most recent 8-hour ozone design values for the Jefferson Parish 
monitor, as reported in the June 2007 maintenance plan submission, are 
82 ppb for 2003, 82 ppb for 2004 and 84 ppb for 2005. Based upon the 
most recent data available in EPA's Air Quality System (AQS) for the 
Jefferson Parish monitoring site, the design value for 2006 was 82 ppb, 
and the design value for 2007 was 83 ppb.
    As identified in the June 2007 maintenance plan submission, the 
Orleans Parish ozone monitor has monitored attainment with the 1997 
ozone standard for the latest six complete three-year periods. The 
three most recent 8-hour ozone design values for the Orleans Parish 
monitor, as reported in the June 2007 maintenance plan submission, are 
69 ppb for 2003, 69 ppb for 2004 and 70 ppb for 2005. Hurricane Katrina 
disabled the Orleans Parish monitoring site in August 2005; this 
monitoring site went back into operation in January, 2008, at the same 
location. As a result, no additional monitoring data is available at 
the Orleans Parish monitor site between August 2005 and January 2008. 
The Orleans Parish monitor is back in operation for the 2008 ozone 
season at the same location. Since the 8-hour ozone design value is 
based on a three-year average of the fourth-highest daily maximum 8-
hour average ozone concentration, the next available design value for 
this monitoring location will be when three ozone monitoring seasons 
(2008, 2009 and 2010) have been completed.
    As identified in the June 2007 maintenance plan submission, the St. 
Bernard Parish ozone monitor has also monitored attainment with the 
1997 ozone monitor for the latest six complete three-year periods. The 
three most recent 8-hour ozone design values for the St. Bernard Parish 
monitor, as reported in the June 2007 maintenance plan submission, are 
78 ppb for 2003, 77 ppb for 2004 and 78 ppb for 2005. As with the 
Orleans Parish monitor, this monitoring site was also disabled by 
Hurricane Katrina in August 2005. A new St. Bernard Parish ozone 
monitor began operation at a new location in early 2007, and the summer 
of 2007 was the first full summer of data at the new location since 
Hurricane Katrina. Since the 8-hour ozone design value is based on a 
three-year average of the fourth-highest daily maximum 8-hour average 
ozone concentration, the first available design value for the new 
monitoring location will be available once three ozone monitoring 
seasons (2007, 2008 and 2009) have been completed.
    As identified in the June 2007 maintenance plan submission, the St. 
Charles Parish ozone monitor has monitored attainment with the 1997 
ozone standard for the latest four complete three-year periods. The 
three most recent 8-hour ozone design values for the St. Charles Parish 
monitor, as reported in the June 2007 maintenance plan submission, are 
78 ppb for 2003, 77 ppb for 2004 and 78 ppb for 2005. Based upon the 
most recent data available in EPA's AQS for the St. Charles Parish 
monitoring site, the design value for 2006 was 77 ppb, and the design 
value for 2007 was also 77 ppb.
    Based on the NAAQS discussed above, each of the available design 
values identified is considered to be in attainment of the 1997 ozone 
NAAQS and demonstrates that the New Orleans Ozone Maintenance Area is 
expected to continue attainment of the 1997 ozone NAAQS. However, in 
the event that a design value at one of the New Orleans Ozone 
Maintenance Area monitoring sites exceed the 1997 ozone standard of 84 
ppb, the Contingency Plan included in Louisiana's maintenance plan 
submittal includes contingency measures which will be promptly 
implemented to ensure that the area returns to maintenance of the 1997 
ozone standard. Additional information regarding contingency measures 
is included in section (d) Contingency Plan, below.
    (d) Contingency Plan. The section 110(a)(1) maintenance plan 
includes contingency provisions to promptly correct any violation of 
the 1997 ozone NAAQS that occurs. The contingency indicator for the New 
Orleans Ozone Maintenance Area maintenance plan is based upon 
monitoring. The triggering mechanism for activation of contingency 
measures is a monitoring violation of the 1997 ozone standard and 
analysis of data to determine the cause of the violation. In this 
maintenance plan, if contingency measures are triggered, LDEQ is 
committing to implement the measures as expeditiously as practicable, 
but no longer than 24 months following the trigger.
    The following contingency measures are identified for 
implementation: (1) Lowering VOC RACT applicability thresholds for 
Stage 1 gasoline controls, (2) NO<INF>X</INF> controls on major sources 
(100 tpy and greater), (3) Emission offsets for permits (1.10 ratio for 
VOC and NO<INF>X</INF>), and (4) Other measures deemed appropriate at 
the time as a result of advances in control technologies. These 
contingency measures and schedules for implementation satisfy EPA's 
long-standing guidance on the requirements of section 110(a)(1) for 
continued attainment. Continued attainment of the 1997 ozone NAAQS in 
the New Orleans Ozone Maintenance Area will depend, in part, on the air 
quality measures discussed previously (see II. (b) above). The State 
will continue to operate appropriate ambient ozone monitoring sites in 
the New Orleans Ozone Maintenance Area to verify continued attainment 
of the 1997 ozone NAAQS. The air monitoring results will reveal changes 
in the ambient air quality as well as assist the State in determining 
whether or not implementation of any contingency measures is necessary. 
The state will continue to work with the EPA through the air monitoring 
network review process, as required by 40 CFR Part 58, to determine: 
(1) The adequacy of the ozone monitoring network; (2) if additional 
monitoring is needed; and (3) when monitoring can be discontinued. Air 
monitoring data will continue to be quality assured according to 
federal requirements.

III. Final Action

    Pursuant to section 110 of the Act, EPA is approving the 
maintenance plan addressing the 1997 8-hour ozone standard for the New 
Orleans Ozone Maintenance Area including the parishes of Jefferson, 
Orleans, St. Bernard and St. Charles, which was submitted by LDEQ on 
June 29, 2007, which ensures continued attainment of the 1997 ozone 
NAAQS through the year 2014. We have evaluated the State's submittal 
and have determined that it

[[Page 53377]]

meets the applicable requirements of the Clean Air Act and EPA 
regulations, and is consistent with EPA policy.
    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 be effective on November 17, 2008 
without further notice unless we receive adverse comment by October 16, 
2008. If we receive 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 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

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This rule also is not subject to Executive Order 13045 ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272) do not apply. This rule does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 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. 
section 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 November 17, 2008. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxides, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 29, 2008.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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. In section Sec.  52.970, the table in paragraph (e) entitled, ``EPA 
APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY 
MEASURES'', is amended by adding the new entry to the end of the table 
as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (e) * * *

[[Page 53378]]



                                      EPA-Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Applicable geographic       State
       Name of SIP provision          or  nonattainment    submittal date/            EPA approval date                         Explanation
                                             area          effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
1997 8-Hour Ozone Section 110       New Orleans Ozone             6/29/07  9/16/08.                                .....................................
 Maintenance Plan.                   Maintenance Area                      [Insert FR page number where document
                                     (including                             begins].
                                     Jefferson, Orleans,
                                     St. Bernard and St.
                                     Charles Parishes),
                                     LA.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. Section Sec.  52.975, entitled, ``Redesignations and maintenance 
plans; ozone'', is amended by adding a new paragraph (k) as follows:


Sec.  52.975  Redesignations and maintenance plans; ozone.

* * * * *
    (k) Approval. The LDEQ submitted a maintenance plan addressing the 
1997 8-hour ozone standard for the New Orleans Ozone Maintenance Area 
on June 29, 2007. This area is designated unclassifiable/attainment for 
the 1997 ozone standard. EPA determined this request for the New 
Orleans Ozone Maintenance Area was complete on August 8, 2007. This 
maintenance plan meets the requirements of section 110(a)(1) of the 
CAA, and is consistent with EPA's maintenance plan guidance document 
dated May 20, 2005. The EPA therefore approved the 1997 8-hour ozone 
NAAQS maintenance plan for the New Orleans Ozone Maintenance Area 
including the parishes of Jefferson, Orleans, St. Bernard and St. 
Charles on September 16, 2008.
* * * * *
 [FR Doc. E8-21196 Filed 9-15-08; 8:45 am]
BILLING CODE 6560-50-P


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