81 FR 43490 - Approval and Promulgation of Implementation Plans; Louisiana; Baton Rouge Nonattainment Area; Base Year Emissions Inventory for the 2008 8-Hour Ozone Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 128 (July 5, 2016)
Federal Register Volume 81, Issue 128 (July 5, 2016)
| Page Range | 43490-43492 | |
| FR Document | 2016-15748 |
[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)] [Rules and Regulations] [Pages 43490-43492] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15748] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2016-0278 FRL-9948-60-Region 6] Approval and Promulgation of Implementation Plans; Louisiana; Baton Rouge Nonattainment Area; Base Year Emissions Inventory for the 2008 8-Hour Ozone Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the State Implementation Plan (SIP) submitted by the Louisiana Department of Environmental Quality (LDEQ) to address the emissions inventory (EI) requirement for the Baton Rouge ozone nonattainment area (BRNA) for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS). The Clean Air Act (CAA) requires an EI for all ozone nonattainment areas. The inventory includes emission data for Nitrogen Oxides (NOX ) and Volatile Organic Compounds (VOCs). EPA is approving the revisions pursuant to section 110 and part D of the CAA and EPA's regulations. DATES: This rule is effective on September 6, 2016 without further notice, unless the EPA receives relevant adverse comment by August 4, 2016. If the EPA receives such comment, the 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- 2016-0278, at http://www.regulations.gov or via email to [email protected]. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact Ms. Nevine Salem, 214- 665-7222, [email protected]. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Ms. Nevine Salem, 214-665-7222, [email protected]. To inspect the hard copy materials, please schedule an appointment with Ms. Salem or Mr. Bill Deese at 214-665- 7253. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. I. Background A. The 2008 Ozone National Ambient Air Quality Standards (NAAQS) and Emissions Inventory Requirements On March 12, 2008 EPA revised the eight-hour ozone NAAQS from 0.08 part per million (ppm) to 0.075 ppm. (73 FR 16436, March 27, 2008). In 2012, EPA designated nonattainment areas for the 2008 ozone NAAQS (2008 ozone nonattainment areas) (77 FR 30088, May 21, 2012).\1\ The Baton Rouge area was designated as nonattainment areas for the 2008 ozone NAAQS. The BRNA consists of five parishes: Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge. --------------------------------------------------------------------------- \1\ On October 1, 2015, the EPA strengthened the ozone standard to 0.070 ppm (80 FR 65292, October 26, 2015). The EPA has not made area designations under this new standard and the emissions inventory under evaluation in this rulemaking does not address that standard. --------------------------------------------------------------------------- CAA sections 172(c)(3) and 182(a)(1), require states to develop and submit, as a SIP revision, an EI for all areas designated as nonattainment for the ozone NAAQS. An EI is an estimation of actual emissions of air pollutants in an area. Ground-level ozone, O3 , is a gas that is formed by the reaction of volatile organic compounds (VOCs) and oxides of nitrogen (NOX ) in the atmosphere in the presence of sunlight. (VOCs and NOX are referred to as ozone precursors). Therefore, an EI for ozone covers the emissions of VOC and NOX . These precursor emissions are emitted by many types of pollution sources, including power plants and industrial emissions sources, on-road and off-road motor vehicles and engines, smaller stationary sources, collectively referred to as nonpoint sources, and biogenic sources.\2\ The EI provides emissions data for a variety of air quality planning tasks including establishing baseline [[Page 43491]] emission levels, calculating federally required emission reduction targets needed to attain the NAAQS, determining emission inputs for ozone air quality simulation models, and tracking emissions over time to determine progress toward achieving air quality and emission reduction goals. --------------------------------------------------------------------------- \2\ Biogenic emissions are produced by living organisms and are typically not included in the base year emission inventories, but are considered in ozone modeling analyses, which must consider all emissions in a modeled area. --------------------------------------------------------------------------- As stated above, the CAA requires the states to submit EIs for areas designated as nonattainment for ozone. For the 2008 ozone NAAQS, EPA has recommended that states use 2011 as a base year for the emission estimates (78 FR 34178, 34190, June 6, 2013). However, EPA also allows states to submit base year emissions for other years during a recent ozone standard violation period. States are required to submit estimates of VOC and NOX emissions for four general classes of anthropogenic sources: stationary point sources; nonpoint sources; on-road mobile sources; and off-road mobile sources in their EIs. B. Louisiana's Submittal In a letter dated May 2, 2016, the LDEQ submitted the 2011 base year inventory to the EPA as part of the BRNA designation and maintenance plan. The EPA reviewed the 2011 base year inventory and determined that it was developed in accordance with EPA guidelines. Table 1 summarizes the 2011 VOC and NOX base year emission for the BRNA area for a typical summer day (reflective of the summer period, when the highest ozone concentrations are expected in these ozone nonattainment areas). Table 1--Baton Rouge Nonattainment Area 2011 VOC and NOX Baseline Emissions Inventory [Tons/Day] ------------------------------------------------------------------------ Source type NOX VOC ------------------------------------------------------------------------ Point............................................. 74.2 33.6 Nonpoint.......................................... 17.1 82.6 Onroad Mobile..................................... 38.4 19.2 Nonroad Mobile.................................... 27.3 8.7 ------------------------------------------------------------------------ Total......................................... 157.0 144.0 ------------------------------------------------------------------------ C. CAA Requirements for the SIP Revision The primary CAA requirements pertaining to the SIP revision submitted by LDEQ are found in CAA sections 110(l), 172(c)(3) and 182(a)(1). CAA section 110(l) requires that a SIP revision submitted to EPA be adopted by the State after reasonable notice and public hearing. Section 110(l) also prevents us from approving a SIP revision if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA. CAA sections 172(c)(3) and 182(a) requires a SIP revision that is a comprehensive, accurate, current inventory of actual emissions from all sources. II. EPA's Evaluation EPA has reviewed the revision for the consistency with the requirements of EPA regulations. A summary of EPA's analysis is provided below. For a full discussion of our evaluation, please see our TSD. CAA sections 172 (c)(3) and 182(a)(1) require an inventory of actual emissions from all sources of relevant pollutants in the nonattainment areas. EPA specified in the 2008 ozone standard SIP requirements rule that the states should use 2011 as a base year for EI SIPs to address the EI requirements. LDEQ has developed a 2011 base year emissions inventory for the Baton Rouge nonattainment areas. The 2011 base year emissions includes all point, nonpoint, non-road mobile, and on-road mobile source emissions in BRNA. LDEQ utilized data from the US EPA 2011 National Emissions Inventory (NEI), Version 2 as the baseline emissions inventory to identify the level of emissions in the area during the period of monitored attainment and satisfy the requirement of section 182(a)(1). EPA reviewed the emission inventory and determined that it is approvable because it was developed in accordance with EPA guidance on emission inventory preparation. The inventory is a comprehensive, accurate, and current inventory of actual emissions for all relevant sources in accordance with CAA sections 172(c)(3) and 182(a)(1). Additionally we found that (1) LDEQ adopted after reasonable notice and public hearing and (2) approval would not interfere with any applicable requirement concerning attainment and reasonable further progress or any other applicable requirement of the CAA. A technical support document (TSD) was prepared which details our evaluation. Our TSD may be accessed online at www.regulations.gov, Docket No. EPA-R06-OAR-2016- 0278. III. Final Action We are approving a Louisiana SIP revision submitted to address the emissions inventory requirement for the Baton Rouge 2008 ozone NAAQS nonattainment area. The inventory we are proposing to approve is listed in table 1 above. We are 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 September 6, 2016 without further notice unless we receive relevant adverse comment by August 4, 2016. If we receive relevant 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 relevant 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 CAA, 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 CAA. Accordingly, this action merely proposes to approve 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 (Public Law 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); [[Page 43492]] 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 CAA; 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, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 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. The 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. 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 September 6, 2016. 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: June 22, 2016. Ron Curry, Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart T--Louisiana 0 2. In Sec. 52.970, the second table in paragraph (e) is amended by adding the entry ``2011 Emissions Inventory for the 2008 Ozone NAAQS'' at the end of the table to read as follows: Sec. 52.970 Identification of plan. * * * * * (e) * * * EPA Approved Louisiana Non-Regulatory Provisions and Quasi-Regulatory Measures ---------------------------------------------------------------------------------------------------------------- Applicable State Name of SIP provision geographic or submittal date/ EPA Approval date Explanation nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2011 Emissions Inventory for the Baton Rouge Ozone 5/2/16 7/5/16 [Insert 2008 Ozone NAAQS. Nonattainment Area. Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-15748 Filed 7-1-16; 8:45 am] BILLING CODE 6560-50-P
![43490 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations
coordinate protest activities so that your ACTION: Direct final rule. documents in the docket are listed in
message can be received without the index, some information may be
jeopardizing the safety or security of SUMMARY: The Environmental Protection publicly available only at the hard copy
people, places or vessels. Agency (EPA) is proposing to approve a location (e.g., copyrighted material), and
revision to the State Implementation some may not be publicly available at
List of Subjects in 33 CFR Part 100 Plan (SIP) submitted by the Louisiana either location (e.g., CBI).
Marine safety, Navigation (water), Department of Environmental Quality FOR FURTHER INFORMATION CONTACT: Ms.
Reporting and recordkeeping (LDEQ) to address the emissions Nevine Salem, 214–665–7222,
requirements, and Waterways. inventory (EI) requirement for the Baton salem.nevine@epa.gov. To inspect the
For the reasons discussed in the Rouge ozone nonattainment area hard copy materials, please schedule an
preamble, the Coast Guard amends 33 (BRNA) for the 2008 8-hour ozone appointment with Ms. Salem or Mr. Bill
CFR part 100 as follows: National Ambient Air Quality Standards Deese at 214–665–7253.
(NAAQS). The Clean Air Act (CAA)
SUPPLEMENTARY INFORMATION:
PART 100—SAFETY OF LIFE ON requires an EI for all ozone Throughout this document wherever
NAVIGABLE WATERWAYS nonattainment areas. The inventory ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
includes emission data for Nitrogen the EPA.
■ 1. The authority citation for part 100 Oxides (NOX) and Volatile Organic
continues to read as follows: Compounds (VOCs). EPA is approving I. Background
Authority: 33 U.S.C. 1233. the revisions pursuant to section 110 A. The 2008 Ozone National Ambient
■ 2. Add § 100.35T08–0169 to read as and part D of the CAA and EPA’s Air Quality Standards (NAAQS) and
follows: regulations. Emissions Inventory Requirements
DATES: This rule is effective on On March 12, 2008 EPA revised the
§ 100.35T08–0169 Special Local September 6, 2016 without further
Regulation; Cumberland River Mile 190.0 to eight-hour ozone NAAQS from 0.08 part
Mile 191.5; Nashville, TN.
notice, unless the EPA receives relevant per million (ppm) to 0.075 ppm. (73 FR
adverse comment by August 4, 2016. If 16436, March 27, 2008). In 2012, EPA
(a) Location. All waters of the
the EPA receives such comment, the designated nonattainment areas for the
Cumberland River beginning at mile
EPA will publish a timely withdrawal in 2008 ozone NAAQS (2008 ozone
marker 190.0 and ending at mile marker
the Federal Register informing the nonattainment areas) (77 FR 30088, May
191.5 at Nashville, TN.
(b) Enforcement period. This special public that this rule will not take effect. 21, 2012).1 The Baton Rouge area was
local regulation will be enforced from 9 ADDRESSES: Submit your comments, designated as nonattainment areas for
a.m. until noon on July 30, 2016. identified by Docket No. EPA–R06– the 2008 ozone NAAQS. The BRNA
(c) Regulations. (1) In accordance with OAR–2016–0278, at http:// consists of five parishes: Ascension,
the general regulations in § 100.801 of www.regulations.gov or via email to East Baton Rouge, Iberville, Livingston,
this part, entry into this area is salem.nevine@epa.gov. Follow the and West Baton Rouge.
prohibited unless authorized by the online instructions for submitting CAA sections 172(c)(3) and 182(a)(1),
Captain of the Port Ohio Valley or a comments. Once submitted, comments require states to develop and submit, as
designated representative. cannot be edited or removed from a SIP revision, an EI for all areas
(2) Persons or vessels requiring entry Regulations.gov. The EPA may publish designated as nonattainment for the
into or passage through the area must any comment received to its public ozone NAAQS. An EI is an estimation
request permission from the Captain of docket. Do not submit electronically any of actual emissions of air pollutants in
the Port Ohio Valley or a designated information you consider to be an area. Ground-level ozone, O3, is a gas
representative. U. S. Coast Guard Sector Confidential Business Information (CBI) that is formed by the reaction of volatile
Ohio Valley may be contacted on VHF or other information whose disclosure is organic compounds (VOCs) and oxides
Channel 13 or 16, or at 1–800–253– restricted by statute. Multimedia of nitrogen (NOX) in the atmosphere in
7465. submissions (audio, video, etc.) must be the presence of sunlight. (VOCs and
Dated: June 28, 2016. accompanied by a written comment. NOX are referred to as ozone
R. V. Timme, The written comment is considered the precursors). Therefore, an EI for ozone
official comment and should include covers the emissions of VOC and NOX.
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley. discussion of all points you wish to These precursor emissions are emitted
make. The EPA will generally not by many types of pollution sources,
[FR Doc. 2016–15741 Filed 7–1–16; 8:45 am]
consider comments or comment including power plants and industrial
BILLING CODE 9110–04–P
contents located outside of the primary emissions sources, on-road and off-road
submission (i.e. on the web, cloud, or motor vehicles and engines, smaller
other file sharing system). For stationary sources, collectively referred
ENVIRONMENTAL PROTECTION additional submission methods, please to as nonpoint sources, and biogenic
AGENCY contact Ms. Nevine Salem, 214–665– sources.2 The EI provides emissions
40 CFR Part 52 7222, salem.nevine@epa.gov. For the data for a variety of air quality planning
full EPA public comment policy, tasks including establishing baseline
[EPA–R06–OAR–2016–0278 FRL–9948–60- information about CBI or multimedia
Region 6] submissions, and general guidance on 1 On October 1, 2015, the EPA strengthened the
making effective comments, please visit ozone standard to 0.070 ppm (80 FR 65292, October
Approval and Promulgation of 26, 2015). The EPA has not made area designations
sradovich on DSK3GDR082PROD with RULES
http://www2.epa.gov/dockets/ under this new standard and the emissions
Implementation Plans; Louisiana;
commenting-epa-dockets. inventory under evaluation in this rulemaking does
Baton Rouge Nonattainment Area;
Docket: The index to the docket for not address that standard.
Base Year Emissions Inventory for the 2 Biogenic emissions are produced by living
this action is available electronically at
2008 8-Hour Ozone Standard organisms and are typically not included in the
www.regulations.gov and in hard copy base year emission inventories, but are considered
AGENCY: Environmental Protection at EPA Region 6, 1445 Ross Avenue, in ozone modeling analyses, which must consider
Agency (EPA). Suite 700, Dallas, Texas. While all all emissions in a modeled area.
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emission levels, calculating federally concerning attainment and reasonable anticipate no adverse comments.
required emission reduction targets further progress, or any other applicable However, in the proposed rules section
needed to attain the NAAQS, requirement of the CAA. CAA sections of this Federal Register publication, we
determining emission inputs for ozone 172(c)(3) and 182(a) requires a SIP are publishing a separate document that
air quality simulation models, and revision that is a comprehensive, will serve as the proposal to approve the
tracking emissions over time to accurate, current inventory of actual SIP revision if relevant adverse
determine progress toward achieving air emissions from all sources. comments are received. This rule will
quality and emission reduction goals. be effective on September 6, 2016
As stated above, the CAA requires the II. EPA’s Evaluation
without further notice unless we receive
states to submit EIs for areas designated EPA has reviewed the revision for the relevant adverse comment by August 4,
as nonattainment for ozone. For the consistency with the requirements of 2016. If we receive relevant adverse
2008 ozone NAAQS, EPA has EPA regulations. A summary of EPA’s comments, we will publish a timely
recommended that states use 2011 as a analysis is provided below. For a full withdrawal in the Federal Register
base year for the emission estimates (78 discussion of our evaluation, please see informing the public that the rule will
FR 34178, 34190, June 6, 2013). our TSD. not take effect. We will address all
However, EPA also allows states to CAA sections 172 (c)(3) and 182(a)(1) public comments in a subsequent final
submit base year emissions for other require an inventory of actual emissions rule based on the proposed rule. We
years during a recent ozone standard from all sources of relevant pollutants in will not institute a second comment
violation period. States are required to the nonattainment areas. EPA specified period on this action. Any parties
submit estimates of VOC and NOX in the 2008 ozone standard SIP interested in commenting must do so
emissions for four general classes of requirements rule that the states should now. Please note that if we receive
anthropogenic sources: stationary point use 2011 as a base year for EI SIPs to relevant adverse comment on an
sources; nonpoint sources; on-road address the EI requirements. LDEQ has amendment, paragraph, or section of
mobile sources; and off-road mobile developed a 2011 base year emissions this rule and if that provision may be
sources in their EIs. inventory for the Baton Rouge severed from the remainder of the rule,
nonattainment areas. The 2011 base year we may adopt as final those provisions
B. Louisiana’s Submittal emissions includes all point, nonpoint, of the rule that are not the subject of an
In a letter dated May 2, 2016, the non-road mobile, and on-road mobile adverse comment.
LDEQ submitted the 2011 base year source emissions in BRNA. LDEQ
inventory to the EPA as part of the utilized data from the US EPA 2011 IV. Statutory and Executive Order
BRNA designation and maintenance National Emissions Inventory (NEI), Reviews
plan. The EPA reviewed the 2011 base Version 2 as the baseline emissions Under the CAA, the Administrator is
year inventory and determined that it inventory to identify the level of required to approve a SIP submission
was developed in accordance with EPA emissions in the area during the period that complies with the provisions of the
guidelines. Table 1 summarizes the of monitored attainment and satisfy the Act and applicable Federal regulations.
2011 VOC and NOX base year emission requirement of section 182(a)(1). 42 U.S.C. 7410(k); 40 CFR 52.02(a).
for the BRNA area for a typical summer EPA reviewed the emission inventory
Thus, in reviewing SIP submissions,
day (reflective of the summer period, and determined that it is approvable
EPA’s role is to approve state choices,
when the highest ozone concentrations because it was developed in accordance
provided that they meet the criteria of
are expected in these ozone with EPA guidance on emission
the CAA. Accordingly, this action
nonattainment areas). inventory preparation. The inventory is
merely proposes to approve state law as
a comprehensive, accurate, and current
meeting Federal requirements and does
TABLE 1—BATON ROUGE NONATTAIN- inventory of actual emissions for all not impose additional requirements
MENT AREA 2011 VOC AND NOX relevant sources in accordance with beyond those imposed by state law. For
BASELINE EMISSIONS INVENTORY CAA sections 172(c)(3) and 182(a)(1).
that reason, this action:
Additionally we found that (1) LDEQ
[Tons/Day] • Is not a ‘‘significant regulatory
adopted after reasonable notice and
action’’ subject to review by the Office
Source type NOX VOC public hearing and (2) approval would
of Management and Budget under
not interfere with any applicable
Point .......................... 74.2 33.6 requirement concerning attainment and
Executive Order 12866 (58 FR 51735,
Nonpoint ................... 17.1 82.6 reasonable further progress or any other October 4, 1993);
Onroad Mobile .......... 38.4 19.2 applicable requirement of the CAA. A • Does not impose an information
Nonroad Mobile ........ 27.3 8.7 technical support document (TSD) was collection burden under the provisions
of the Paperwork Reduction Act (44
Total ................... 157.0 144.0 prepared which details our evaluation. U.S.C. 3501 et seq.);
Our TSD may be accessed online at
www.regulations.gov, Docket No. EPA– • Is certified as not having a
C. CAA Requirements for the SIP significant economic impact on a
Revision R06–OAR–2016–0278.
substantial number of small entities
The primary CAA requirements III. Final Action under the Regulatory Flexibility Act (5
pertaining to the SIP revision submitted We are approving a Louisiana SIP U.S.C. 601 et seq.);
by LDEQ are found in CAA sections revision submitted to address the • Does not contain any unfunded
110(l), 172(c)(3) and 182(a)(1). CAA emissions inventory requirement for the mandate or significantly or uniquely
sradovich on DSK3GDR082PROD with RULES
section 110(l) requires that a SIP Baton Rouge 2008 ozone NAAQS affect small governments, as described
revision submitted to EPA be adopted nonattainment area. The inventory we in the Unfunded Mandates Reform Act
by the State after reasonable notice and are proposing to approve is listed in of 1995 (Public Law 104–4);
public hearing. Section 110(l) also table 1 above. • Does not have Federalism
prevents us from approving a SIP We are publishing this rule without implications as specified in Executive
revision if the revision would interfere prior proposal because we view this as Order 13132 (64 FR 43255, August 10,
with any applicable requirement a non-controversial amendment and 1999);
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• Is not an economically significant Fairness Act of 1996, generally provides List of Subjects in 40 CFR Part 52
regulatory action based on health or that before a rule may take effect, the
safety risks subject to Executive Order agency promulgating the rule must Environmental protection, Air
13045 (62 FR 19885, April 23, 1997); submit a rule report, which includes a pollution control, Incorporation by
• Is not a significant regulatory action copy of the rule, to each House of the reference, Nitrogen dioxide, Ozone,
subject to Executive Order 13211 (66 FR Congress and to the Comptroller General Reporting and recordkeeping
28355, May 22, 2001); of the United States. The EPA will requirements, Volatile organic
• Is not subject to requirements of submit a report containing this rule and compounds.
section 12(d) of the National other required information to the U.S. Authority: 42 U.S.C. 7401 et seq.
Technology Transfer and Advancement Senate, the U.S. House of Dated: June 22, 2016.
Act of 1995 (15 U.S.C. 272 note) because Representatives, and the Comptroller Ron Curry,
application of those requirements would General of the United States prior to
be inconsistent with the CAA; and Regional Administrator, Region 6.
publication of the rule in the Federal
• Does not provide EPA with the Register. A major rule cannot take effect 40 CFR part 52 is amended as follows:
discretionary authority to address, as until 60 days after it is published in the
appropriate, disproportionate human Federal Register. This action is not a PART 52—APPROVAL AND
health or environmental effects, using ‘‘major rule’’ as defined by 5 U.S.C. PROMULGATION OF
practicable and legally permissible 804(2). IMPLEMENTATION PLANS
methods, under Executive Order 12898 Under section 307(b)(1) of the CAA,
(59 FR 7629, February 16, 1994). petitions for judicial review of this ■ 1. The authority citation for part 52
In addition, the SIP is not approved to action must be filed in the United States continues to read as follows:
apply on any Indian reservation land or Court of Appeals for the appropriate Authority: 42 U.S.C. 7401 et seq.
in any other area where EPA or an circuit by September 6, 2016. Filing a
Indian tribe has demonstrated that a petition for reconsideration by the Subpart T—Louisiana
tribe has jurisdiction. In those areas of Administrator of this final rule does not
Indian country, the proposed rule does affect the finality of this rule for the ■ 2. In § 52.970, the second table in
not have tribal implications as specified purposes of judicial review nor does it paragraph (e) is amended by adding the
by Executive Order 13175 (65 FR 67249, extend the time within which a petition entry ‘‘2011 Emissions Inventory for the
November 9, 2000), nor will it impose for judicial review may be filed, and 2008 Ozone NAAQS’’ at the end of the
substantial direct costs on tribal shall not postpone the effectiveness of table to read as follows:
governments or preempt tribal law. such rule or action. This action may not
The Congressional Review Act, 5 be challenged later in proceedings to § 52.970 Identification of plan.
U.S.C. 801 et seq., as added by the Small enforce its requirements. (See section * * * * *
Business Regulatory Enforcement 307(b)(2)). (e) * * *
EPA APPROVED LOUISIANA NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
State
Applicable geographic or nonattain- submittal
Name of SIP provision EPA Approval date Explanation
ment area date/effective
date
* * * * * * *
2011 Emissions Inventory for the Baton Rouge Ozone Nonattainment 5/2/16 7/5/16 [INSERT Federal
2008 Ozone NAAQS. Area. Register CITATION].
[FR Doc. 2016–15748 Filed 7–1–16; 8:45 am] regulations are needed to address SUPPLEMENTARY INFORMATION:
BILLING CODE 6560–50–P stormwater discharges from forest roads
I. General Information
under Section 402(p)(6) of the Clean
Water Act (CWA) at this time. This A. Applicability
ENVIRONMENTAL PROTECTION document responds to the remand in This document does not impose
AGENCY Environmental Defense Center, Inc. v. requirements on any entity.
U.S. EPA, 344 F.2d 832 (9th Cir. 2003)
40 CFR Chapter I B. Obtaining Copies of This Document
that requires EPA to consider whether
and Related Information
[EPA–HQ–OW–2015–0668; FRL–9948–62– the CWA requires the Agency to
OW] regulate stormwater discharges from 1. Docket
forest roads.
EPA has established a docket for this
Decision Not To Regulate Forest Road DATES: This decision shall be action under Docket ID No. [EPA–HQ–
Discharges Under the Clean Water Act; considered issued for purposes of OW–2015–0668; FRL–9948–62–OW].
Notice of Decision judicial review at 1 p.m. Eastern time on Publicly available docket materials are
sradovich on DSK3GDR082PROD with RULES
AGENCY: Environmental Protection July 11, 2016. available either electronically through
Agency (EPA). FOR FURTHER INFORMATION CONTACT: www.regulations.gov or in hard copy at
ACTION: Decision. Prasad Chumble, EPA Headquarters, the EPA Docket Center, (EPA/DC) EPA
Office of Water, Office of Wastewater West, Room 3334, 1301 Constitution
SUMMARY: The Environmental Protection Management via email at Ave. NW., Washington, DC. The EPA
Agency (EPA) is providing notice of the chumble.prasad@epa.gov or telephone Docket Center Public Reading Room is
Agency’s decision that no additional at 202–564–0021. open from 8:30 a.m. to 4:30 p.m.,
VerDate Sep<11>2014 16:06 Jul 01, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\05JYR1.SGM 05JYR1](https://thefederalregister.org/doc/81_FR_43618/page/3.svg)
Document Created: 2016-07-01 23:50:19
Document Modified: 2016-07-01 23:50:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on September 6, 2016 without further notice, unless the EPA receives relevant adverse comment by August 4, 2016. If the EPA receives such comment, the EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. | |
| Contact | Ms. Nevine Salem, 214-665-7222, [email protected] To inspect the hard copy materials, please schedule an appointment with Ms. Salem or Mr. Bill Deese at 214-665- 7253. | |
| FR Citation | 81 FR 43490 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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