59518 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 

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[FR Doc. E8–24054 Filed 10–8–08; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0659; FRL–8727–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Louisiana; Approval of Section 

110(a)(1) Maintenance Plans for the 

1997 8-Hour Ozone Standard for the 

Parishes of Calcasieu and St. James 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving revisions to 

the Louisiana State Implementation 

Plan (SIP) concerning maintenance 

plans addressing the 1997 8-hour ozone 

standard for the parishes of Calcasieu 

and St. James. On July 20, 2007, and 

August 24, 2007, the State of Louisiana 

submitted separate SIP revisions 

containing maintenance plans for the 

1997 ozone standard for Calcasieu and 

St. James Parishes, respectively. These 

plans ensure the continued attainment 

of the 1997 8-hour ozone National 

Ambient Air Quality Standard (NAAQS) 

through the year 2014. 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 these areas under the 

2008 standard will be addressed in 

future actions. These maintenance plans 

meet the statutory and regulatory 

requirements, and are consistent with 

EPA’s guidance. EPA is approving the 

revisions pursuant to section 110 of the 

Federal Clean Air Act (CAA). 

DATES: This rule is effective on 

December 8, 2008 without further 

notice, unless EPA receives relevant 

adverse comment by November 10, 

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–2007–0659, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• 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 a.m. and 4 p.m. 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– 

0659. 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 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

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 http:// 

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 


erowe on PROD1PC64 with RULES
Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 59519 

materials are available either 

electronically in http:// 

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 a.m. 

and 4:30 p.m. 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 

belk.ellen@epa.gov. 

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 Submittals 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Under section 107 of the 1977 CAA, 

Louisiana’s Calcasieu and St. James 

Parishes were designated as 

nonattainment areas because they did 

not meet the National Ambient Air 

Quality Standards (NAAQS) for 1-hour 

ozone (40 CFR 81.319). Under the 1990 

CAA Amendments, the Calcasieu and 

St. James Parish nonattainment areas 

continued to be designated 

nonattainment for the 1-hour ozone 

NAAQS by operation of law since 

Louisiana had not yet collected the 

required three years of data necessary to 

petition for redesignation to attainment. 

In two separate submittals in the mid1990’s, Louisiana submitted requests to 

redesignate Calcasieu Parish and St. 

James Parish to attainment for the 1- 

hour ozone standard. As part of each 

submittal, the State provided the 

required ozone monitoring data and 

maintenance plan for each parish (each 

area includes only the one Parish) to 

ensure the areas would remain in 

attainment for 1-hour ozone for a period 

of 10 years. EPA approved Louisiana’s 

requests to redesignate these Parishes to 

attainment for the 1-hour ozone 

standard and approved the maintenance 

plan on May 2, 1997 (62 FR 24036), 

with an effective date of June 2, 1997. 

On April 30, 2004, EPA designated 

and classified areas for the 1997 8-hour 

ozone NAAQS (69 FR 23858), and 

published the final Phase 1 rule for 

implementation of the 1997 ozone 

NAAQS (69 FR 23951). Calcasieu and 

St. James Parishes were designated as 

unclassifiable/attainment for the 1997 

ozone standard, effective June 15, 2004. 

Consequently, both of these attainment 

areas were 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 Phase 1 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 

Calcasieu and St. James Parish 

unclassifiable/attainment areas. 

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 8- 

Hour Ozone Standard. (South Coast Air 

Quality Management District. v. EPA, 

472 F.3d 882 (D.C. 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. See 489 F.3d 1245 (D.C. Cir. 2007), 

cert. denied, 128 S.Ct. 1065 (2008). 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 implementation rule 

for the 1997 8-hour ozone NAAQS for 

maintenance plans. 

II. Analysis of the State’s Submittals 

On July 20, 2007, and August 24, 

2007, the State of Louisiana submitted 

separate SIP revisions containing 

maintenance plans for the 1997 ozone 

NAAQS for Calcasieu and St. James 

Parishes. These July and August 

revisions provide 1997 ozone NAAQS 

maintenance plans for the two parishes 

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 these plans is to ensure continued 

attainment and maintenance of the 1997 

ozone NAAQS in Calcasieu and St. 

James Parishes. 

In this action, EPA is approving the 

State’s maintenance plans for the 1997 

ozone NAAQS for the areas of Calcasieu 

and St. James Parishes 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, these 

plans provide for continued attainment 

and maintenance of the 1997 ozone 

NAAQS in the area for 10 years from the 

effective date of the area’s designation 

as unclassifiable/attainment for the 1997 

ozone NAAQS, and include components 

illustrating how each Parish will 

continue in attainment of the 1997 

ozone NAAQS and contingency 

measures. Each of the section 110(a)(1) 

plan components is discussed below. 

(a) Attainment Inventory. The LDEQ 

developed comprehensive inventories of 

VOC and NOX emissions from area, 

stationary, and mobile sources using 

2002 as the base year to demonstrate 

maintenance of the 1997 ozone NAAQS 

for Calcasieu and St. James Parishes. 

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 submittals 

contain 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 

decisions 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) 


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59520 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 

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 is established in 

the rule as June 2004. In accordance 

with these requirements, the State of 

Louisiana compiles a statewide EI for 

point sources on an annual basis. For 

stationary point sources, for Calcasieu 

and St. James Parishes, the LDEQ 

provided estimates for each commercial 

or industrial operation that emits 100 

tons or more per year of VOC or NOX

in Appendix A of each 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. Onroad mobile emissions of VOC and NOX

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 two 

Parishes consistent with EPA’s longestablished 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 tables provide VOC and 

NOX emissions data for the 2002 base 

attainment year inventory, as well as 

projected VOC and NOX emission 

inventory data for the years 2008, 2011, 

and 2014. Please see the Technical 

Support Document (TSD) for additional 

emissions inventory data including 

projections by source category for each 

parish. 

CALCASIEU PARISH VOC AND NOX EMISSIONS INVENTORY BASELINE (2002) AND PROJECTIONS (2008, 2011, AND 2014) 

[Tons per day] 

Emissions 2002 2008 2011 2014 

Total VOC ........................................................................................................................ 49.59 48.40 48.56 48.93 

Total NOX ........................................................................................................................ 133.35 133.18 135.99 138.94 

As shown in the Table, total VOC and 

total NOX emissions for Calcasieu Parish 

are projected to decrease slightly, and 

increase slightly, respectively, over the 

10-year period of the maintenance plan. 

While emission projections for VOC 

indicate a downward trend through 

2014, NOX emission projections through 

2014 show an increase of 5.59 tons per 

day, or approximately 4 percent (from 

133.35 to 138.94 tpd). This projected 

increase is relatively small considering 

that it occurs over a period of 

approximately twelve (as from the 2002 

baseline) years. The slightly upward 

trend in NOX emissions results from 

projected increases in emissions for the 

point and non-point source categories. 

The EGAS system for projecting 

emissions tends to overstate future 

emissions since the system relies 

principally on economic growth for the 

projections. Specifically, the projected 

future emissions from NOX point 

sources is overstated because the 

projections do not include reductions 

from regulatory or permit controls, or 

account for reductions from consent 

decrees. The control measures 

contained in rules for point and nonpoint stationary sources, which were 

not included in the EGAS program, 

which was used to project emissions for 

Calcasieu Parish, are expected to fully 

offset the slight increase in NOX in 

Calcasieu Parish which was projected 

without the controls. Emissions of NOX

from non-road mobile and on-road 

mobile sources are projected to 

decrease. 

ST. JAMES PARISH VOC AND NOX EMISSIONS INVENTORY BASELINE (2002) AND PROJECTIONS (2008, 2011, AND 2014) 

[Tons per day] 

Emissions 2002 2008 2011 2014 

Total VOC ........................................................................................................................ 7.81 7.90 8.09 8.28 

Total NOX ........................................................................................................................ 38.83 40.74 42.02 42.98 

As shown in the table above, total 

VOC and total NOX emissions for St. 

James Parish are both projected to 

increase slightly over the 10-year period 

of the maintenance plan. Emission 

projections for VOC indicate an increase 

of 0.47 tons through 2014, which is an 

increase of approximately 6 percent 

(from 7.81 to 8.28 tpd). The slightly 

upward trend in VOC emissions results 

primarily from the point source 

category, although there is also 

projected to be a very small increase 

from the nonpoint source category. VOC 

emissions from nonroad mobile and 

onroad mobile sources are projected to 

decrease. For NOX, emission projections 

through 2014 show an increase of 4.15 

tons per day, or approximately 10 

percent (from 38.83 to 42.98 tpd). These 

projected increases are relatively small 

considering that they occur over a 

period of approximately twelve (as from 

the 2002 baseline) years. The slightly 

upward trend in NOX emissions results 

from projected increases in emissions 

for the point and non-road mobile 

source categories. One will note that the 

absolute number of tons per day for both 

VOC and NOX is very small, making any 

change (either an increase or a decrease) 

appear more pronounced when it is 

calculated as a percentage. In absolute 

terms, these are de minimis increases. 

Additionally, Louisiana’s projections for 

the total NOX emissions in 2014 did not 


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Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 59521 

take into account regulatory controls 

which will reduce actual VOC and NOX

emissions from point and stationary 

non-point (area) sources, as well as nonroad mobile sources. National rules 

which were not included in the growth 

estimates include EPA’s rules for VOC 

emission standards for Consumer and 

Commercial Products and EPA’s 

Locomotive and Marine CompressionIgnition Engines rule. Also, a consent 

decree which includes a large refinery 

in the area that was not accounted for 

in the projections is expected to further 

reduce actual VOC and NOX emissions. 

EPA is aware that a company has 

applied for a permit with the LDEQ to 

construct a large facility in St. James. 

We do not want to prejudge whether the 

permit will be issued, but the proposed 

emissions in the company’s permit 

application for this facility: (1) Are large 

relative to this rural area’s emissions (as 

noted above, the absolute number of 

tons per day for both VOC and NOX is 

very small in this area), (2) ordinarily 

would not be accounted for using the 

EPA’s methodologies for growth 

estimates in a maintenance plan, and (3) 

could potentially impact the Baton 

Rouge ozone nonattainment area. The 

company, however, will have to satisfy 

the Prevention of Significant 

Deterioration (PSD) SIP permitting 

requirements by demonstrating that this 

facility will not interfere with 

maintenance in St. James and will not 

contribute to nonattainment in the 

Baton Rouge area. With this safeguard, 

we believe continued maintenance in 

the St. James Parish will be protected. 

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 for the two areas. As shown 

in the tables and discussion above, the 

State has demonstrated that the future 

year ozone precursor emissions will be 

less than or similar to the 2002 base 

attainment year’s emissions. The 

attainment inventories submitted by the 

LDEQ for these areas are consistent with 

the criteria as discussed in the EPA 

Maintenance Plan Guidance memo 

dated May 20, 2005 and in other 

guidance documents (please see the 

docket for additional information). 

Considering emissions projections 

together with reductions from measures 

not accounted for in the state’s 

projections, EPA finds that the future 

emissions levels in 2008, 2011 and 2014 

are expected to be less than or similar 

to emissions levels in 2002. 

(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 standard 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 Calcasieu and 

St. James Parishes was June 15, 2004. 

Therefore, these plans must demonstrate 

attainment through 2014. As discussed 

in section (a) Attainment Inventory 

above, Louisiana has identified the level 

of ozone-forming emissions in Calcasieu 

and St. James Parishes that were 

consistent with attainment of the 

NAAQS for ozone in 2002. Louisiana 

has projected VOC and NOX emissions 

for the years 2008, 2011, and 2014 in 

Calcasieu and St. James Parishes 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 Calcasieu and St. James 

Parishes. These measures include the 

following, among others: (1) 

Implementation of EPA’s National Rules 

for VOC Emission Standards: For 

Automobile Refinish Coatings (63 FR 

48806), for Consumer Products (63 FR 

48819), and Architectural Coatings (63 

FR 48848), for Consumer and 

Commercial Products Group II (Flexible 

Packaging Printing Materials, 

Lithographic Printing Materials, 

Letterpress Printing Materials) (71 FR 

58745), for Consumer and Commercial 

Products Group III (Paper, Film, and 

Foil Coatings, Metal Furniture Coatings, 

and Large Appliance Coatings) (72 FR 

57215), and for Consumer and 

Commercial Products Group IV (to be 

published in the fall of 2008); (2) 

enacting of specific requirements from 

EPA’s Tier 2 Motor Vehicle Emission 

Standards (65 FR 6697), EPA’s HeavyDuty Engine and Vehicle Standards and 

Highway Diesel Fuel Sulfur Control 

Requirements (66 FR 5001), as well as 

EPA’s Tier 2 Motor Vehicle Emissions 

Standards and Gasoline Sulfur Control 

requirements (65 FR 6697); (3) EPA’s 

required control of emissions from Nonroad Diesel Engines and Fuels (69 FR 

38958); and (4) EPA’s Locomotive and 

Marine Compression-Ignition Engines 

rule (73 FR 16435). The purpose of these 

control measures is to reduce levels of 

8-hour ozone, including the areas of 

Calcasieu and St. James Parishes. 

(c) Ambient Air Quality Monitoring. 

The State of Louisiana has committed in 

its maintenance plans for Calcasieu and 

St. James Parishes to provide 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 

such a network. 

The Convent monitoring site in St. 

James Parish has monitored attainment 

with the 1997 ozone standard from 2002 

through 2007. The 1997 ozone NAAQS 

is 0.08 parts per million 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). At the time 

the maintenance plan was submitted by 

LDEQ, the three most recent 8-hour 

ozone design values for the Convent site 

in St. James Parish are 73 ppb for 2003, 

73 ppb for 2004, and 76 ppb for 2005. 

Also, the design value for St. James 

Parish for 2006 is 76 ppb, and the 

design value for 2007 is 77 ppb. 

In Calcasieu Parish there are three 

monitoring sites, each of which has 

monitored attainment with the 1997 

ozone standard from 2002 through 2005. 

At the time the maintenance plan was 

submitted by LDEQ, the three most 

recent 8-hour ozone design values for 

Calcasieu Parish are 78 ppb for 2003, 80 

ppb for 2004, and 83 ppb for 2005. Also, 

the design value for Calcasieu Parish for 

2006 is 82 ppb, and the design value for 

2007 is 81 ppb. 

(d) Contingency Plan. The section 

110(a)(1) maintenance plans include 

contingency provisions to correct 

promptly any violation of the 1997 

ozone NAAQS that occurs. The 

contingency indicator for the Calcasieu 

and St. James Parish maintenance plans 

is based upon monitoring data. The 

triggering mechanism for activation of 

contingency measures is a monitoring 

violation of the 1997 ozone standard. In 

these maintenance plans, 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) NOX controls on major sources (100 

tpy and greater), (3) Emission offsets for 

permits (1.10 ratio for VOC and NOX), 

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 longstanding guidance on the requirements 

of section 110(a)(1) of continued 


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59522 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 

attainment. Continued attainment of the 

1997 ozone NAAQS in the areas of 

Calcasieu and St. James Parishes will 

depend, in part, on the air quality 

measures discussed previously (see 

II.(b) above). In addition, Louisiana 

commits to verify the 8-hour ozone 

status in each maintenance plan through 

appropriate ambient air quality 

monitoring, and to quality assure air 

quality monitoring data according to 

federal requirements. 

III. Final Action 

Pursuant to section 110 of the Act, 

EPA is approving the 1997 8-hour ozone 

maintenance plans for Calcasieu and St. 

James Parishes, which were submitted 

by LDEQ on July 20, 2007 and August 

24, 2007, respectively, which ensure 

continued attainment of the 1997 8-hour 

ozone NAAQS through the year 2014. 

We have evaluated the State’s 

submittals and have determined that 

they meet 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 December 8, 2008 

without further notice unless we receive 

adverse comment by November 10, 

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 the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. 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 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. 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 8, 

2008. 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).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Nitrogen dioxides, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: September 29, 2008. 

Richard E. Greene, 

Regional Administrator, Region 6. 

■ 40 CFR part 52 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 T—Louisiana 

■ 2. In § 52.970, the table in paragraph 

(e) entitled, ‘‘EPA APPROVED 

LOUISIANA NONREGULATORY 

PROVISIONS AND QUASIREGULATORY MEASURES’’, is 

amended by adding two new entries to 

the end of the table as follows: 

§ 52.970 Identification of plan. 

* * * * * 

(e) * * * 


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Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 59523 

EPA-APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP provision Applicable geographic or nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanation 

* * * * * * * 

1997 8-Hour Ozone Section 

110 Maintenance Plan.

Calcasieu Parish (Lake 

Charles Area), LA.

7/20/07 10/09/08 [Insert FR page 

number where document 

begins].

1997 8-Hour Ozone Section 

110 Maintenance Plan.

St. James Parish, LA ............. 8/24/07 10/09/08 [Insert FR page 

number where document 

begins].

■ 3. Section 52.975, entitled, 

‘‘Redesignations and maintenance 

plans; ozone’’, is amended by adding a 

new paragraph (j) as follows: 

§ 52.975 Redesignations and maintenance 

plans; ozone. 

* * * * * 

(j) Approval. The Louisiana 

Department of Environmental Quality 

(LDEQ) submitted 1997 8-hour ozone 

NAAQS maintenance plans for the areas 

of Calcasieu and St. James Parishes on 

July 20, 2007, and August 24, 2007, 

respectively. The two areas are 

designated unclassifiable/attainment for 

the 1997 8-hour ozone standard. EPA 

determined these requests for Calcasieu 

and St. James Parishes were complete 

on October 5, 2007, and October 16, 

2007, respectively. The maintenance 

plans meet the requirements of section 

110(a)(1) of the Clean Air Act, and are 

consistent with EPA’s maintenance plan 

guidance document dated May 20, 2005. 

The EPA therefore approved the 1997 8- 

hour ozone NAAQS maintenance plans 

for the areas of Calcasieu and St. James 

Parishes on October 9, 2008. 

* * * * * 

[FR Doc. E8–23867 Filed 10–8–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[EPA–R06–RCRA–2008–0418; SW–FRL– 

8727–8] 

Hazardous Waste Management 

System; Identification and Listing of 

Hazardous Waste; Final Exclusion 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: Environmental Protection 

Agency (EPA) is granting a petition 

submitted by Lockheed Martin 

Aeronautics Company to exclude (or 

delist) the sludge from its wastewater 

treatment plant generated by Lockheed 

Martin Aeronautics Company in Fort 

Worth, Texas from the lists of hazardous 

wastes. This final rule responds to the 

petition submitted by Lockheed Martin 

Aeronautics Company to delist F019 

sludge generated from the facility’s 

wastewater treatment plant. 

After careful analysis and use of the 

Delisting Risk Assessment Software 

(DRAS), EPA has concluded the 

petitioned waste is not hazardous waste. 

This exclusion applies to 90 cubic yards 

per year of the F019 sludge. 

Accordingly, this final rule excludes the 

petitioned waste from the requirements 

of hazardous waste regulations under 

the Resource Conservation and 

Recovery Act (RCRA) when it is 

disposed in a Subtitle D Landfill. 

DATES: Effective Date: October 9, 2008. 

ADDRESSES: The public docket for this 

final rule is located at the 

Environmental Protection Agency 

Region 6, 1445 Ross Avenue, Dallas, 

Texas 75202, and is available for 

viewing in EPA Freedom of Information 

Act review room on the 7th floor from 

8 a.m. to 4 p.m., Monday through 

Friday, excluding Federal holidays. Call 

(214) 665–6444 for appointments. The 

reference number for this docket is 

EPA–R06–RCRA–2008–0418. The 

public may copy material from any 

regulatory docket at no cost for the first 

100 pages and at a cost of $0.15 per page 

for additional copies. 

FOR FURTHER INFORMATION CONTACT: Ben 

Banipal, Section Chief of the Corrective 

Action and Waste Minimization 

Section, Multimedia Planning and 

Permitting Division (6PD–C), 

Environmental Protection Agency 

Region 6, 1445 Ross Avenue, Dallas, 

Texas 75202. 

For technical information concerning 

this notice, contact Wendy Jacques, 

Environmental Protection Agency 

Region 6, 1445 Ross Avenue, (6PD–F), 

Dallas, Texas 75202, at (214) 665–7395, 

or jacques.wendy@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

information in this section is organized 

as follows: 

I. Overview Information 

A. What action is EPA finalizing? 

B. Why is EPA approving this action? 

C. What are the limits of this exclusion? 

D. How will Lockheed Martin Aeronautics 

Company manage the waste if it is 

delisted? 

E. When is the final delisting exclusion 

effective? 

F. How does this final rule affect states? 

II. Background 

A. What is a delisting? 

B. What regulations allow facilities to 

delist a waste? 

C. What information must the generator 

supply? 

III. EPA’s Evaluation of the Waste 

Information and Data 

A. What waste did Lockheed Martin 

Aeronautics Company petition EPA to 

delist? 

B. How much waste did Lockheed Martin 

Aeronautics Company propose to delist? 

C. How did Lockheed Martin Aeronautics 

Company sample and analyze the waste 

data in this petition? 

IV. Public Comments Received on the 

proposed exclusion 

Who submitted comments on the proposed 

rule? 

V. Statutory and Executive Order Reviews 

I. Overview Information 

A. What action is EPA finalizing? 

After evaluating the petition, EPA 

proposed, on May 19, 2008, to exclude 

the wastewater treatment plant sludge 

from the lists of hazardous waste under 

40 CFR 261.31 and 261.32 (see 70 FR 

41358). EPA is finalizing the decision to 

grant Lockheed Martin Aeronautics 

Company’s delisting petition to have its 

waste water treatment sludge managed 

and disposed as non-hazardous waste 

provided certain verification and 

monitoring conditions are met. 

B. Why is EPA approving this action? 

Lockheed Martin Aeronautics 

Company’s petition requests a delisting 

from the F019 waste listing under 40 

CFR 260.20 and 260.22. Lockheed 

Martin Aeronautics Company does not 


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