81 FR 95051 - Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Louisiana; Redesignation of Baton Rouge 2008 8-Hour Ozone Nonattainment Area to Attainment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 248 (December 27, 2016)

Page Range		95051-95052
FR Document		2016-30776

Pursuant to the Federal Clean Air Act (CAA or the Act) the Environmental Protection Agency (EPA) is approving the State of Louisiana's request to redesignate the five-parish Baton Rouge Nonattainment Area (BRNA or Area) for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or standard) to attainment. EPA is also approving a State Implementation Plan (SIP) revision containing a maintenance plan for the area, including motor vehicle emission budgets (MVEBs) for nitrogen oxides (NO<INF>X</INF>) and volatile organic compounds (VOC) for the years 2022 and 2027. EPA has determined that the BRNA is continuing to attain the 2008 ozone NAAQS and has met the CAA criteria for redesignation to attainment.

Federal Register, Volume 81 Issue 248 (Tuesday, December 27, 2016)

[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Rules and Regulations]
[Pages 95051-95052]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30776]



[[Page 95051]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R06-OAR-2016-0293; FRL-9956-92-Region 6]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Louisiana; Redesignation of 
Baton Rouge 2008 8-Hour Ozone Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act) the 
Environmental Protection Agency (EPA) is approving the State of 
Louisiana's request to redesignate the five-parish Baton Rouge 
Nonattainment Area (BRNA or Area) for the 2008 8-hour ozone National 
Ambient Air Quality Standards (NAAQS or standard) to attainment. EPA is 
also approving a State Implementation Plan (SIP) revision containing a 
maintenance plan for the area, including motor vehicle emission budgets 
(MVEBs) for nitrogen oxides (NOX) and volatile organic 
compounds (VOC) for the years 2022 and 2027. EPA has determined that 
the BRNA is continuing to attain the 2008 ozone NAAQS and has met the 
CAA criteria for redesignation to attainment.

DATES: This rule is effective on January 26, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2016-0293. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Wendy Jacques, (214) 665-7395, 
[email protected].

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

I. Background

    The background for this action is discussed in detail in our 
November 4, 2016 proposal (81 FR 76891). In that document we proposed 
to determine that the BRNA continues to attain the 2008 ozone NAAQS; to 
approve into the SIP Louisiana's plan for maintaining the 2008 ozone 
NAAQS (maintenance plan), including the associated MVEBs; and to 
redesignate the BRNA to attainment for the 2008 ozone NAAQS. We did not 
receive any comments regarding our proposal.

II. What are the effects of EPA's final action?

    Approval of Louisiana's redesignation request changes the legal 
designation of the BRNA as found at 40 CFR part 81, from nonattainment 
to attainment for the 2008 ozone NAAQS. Approval of Louisiana's 
associated SIP revision also incorporates a plan for maintaining the 
2008 ozone NAAQS in the BRNA through 2027 into the SIP. This 
maintenance plan includes contingency measures to remedy any future 
violations of the 2008 ozone NAAQS and procedures for evaluation of 
potential violations. The maintenance plan also establishes 
NOX and VOC MVEBs for 2022 and 2027 for the Baton Rouge 
Area. The MVEBs, in tons per day (tpd) are listed in Table 1.

                 Table 1--MVEBs for the Baton Rouge Area
                                  [tpd]
------------------------------------------------------------------------
                     Year                           NOX          VOC
------------------------------------------------------------------------
2022..........................................        14.37        13.19
2027..........................................        10.95        11.55
------------------------------------------------------------------------

III. Final Action

    We are approving the State of Louisiana's request to redesignate 
the BRNA for the 2008 8-hour ozone NAAQS to attainment; and the 
associated maintenance plan SIP revision for the area, including 
NOX and VOC MVEBs for the years 2022 and 2027. We have 
determined that the BRNA is continuing to attain the 2008 ozone NAAQS 
and has met the CAA criteria for redesignation from nonattainment to 
attainment for the 2008 ozone NAAQS.

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, the 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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, 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 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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

[[Page 95052]]

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 February 27, 2017. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: December 16, 2016.
Samuel Coleman,
Acting 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(e) the second table titled ``EPA-Approved Louisiana 
Nonregulatory Provisions and Quasi-Regulatory Measures'' is amended by 
adding an entry at the end for ``2008 8-hour Ozone NAAQS Redesignation 
Request and Maintenance Plan'' to read as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (e) * * *

                  EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                                                State
       Name of SIP provision        Applicable geographic    submittal/      EPA approval date      Explanation
                                    or nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2008 8-hour Ozone NAAQS             Baton Rouge Area.....        5/2/2015  12/27/2016, [Insert
 Redesignation Request and                                                  Federal Register
 Maintenance Plan.                                                          citation].
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
4. In Sec.  81.319, the table entitled ``Louisiana-2008 8-Hour Ozone 
NAAQS (Primary and secondary)'' is amended by revising the entry for 
``Baton Rouge, LA'' to read as follows:


Sec.  81.319  Louisiana.

* * * * *

                                       Louisiana--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                    Designation                           Classification
         Designated area          ------------------------------------------------------------------------------
                                           Date \1\                  Type            Date \1\          Type
----------------------------------------------------------------------------------------------------------------
Baton Rouge, LA \2\..............  12/27/2016, [Insert       Attainment.........      12/27/2016
                                    Federal Register
                                    citation].
    Ascension Parish.
    East Baton Rouge Parish.
    Iberville Parish.
    Livingston Parish.
    West Baton Rouge Parish.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

* * * * *

[FR Doc. 2016-30776 Filed 12-23-16; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations 95051

ENVIRONMENTAL PROTECTION 2016 proposal (81 FR 76891). In that Act. Accordingly, this action merely
AGENCY document we proposed to determine approves state law as meeting Federal
that the BRNA continues to attain the requirements and does not impose
40 CFR Parts 52 and 81 2008 ozone NAAQS; to approve into the additional requirements beyond those
[EPA–R06–OAR–2016–0293; FRL–9956–92– SIP Louisiana’s plan for maintaining the imposed by state law. For that reason,
Region 6] 2008 ozone NAAQS (maintenance plan), this action:
including the associated MVEBs; and to • Is not a ‘‘significant regulatory
Approval and Promulgation of redesignate the BRNA to attainment for action’’ subject to review by the Office
Implementation Plans and Designation the 2008 ozone NAAQS. We did not of Management and Budget under
of Areas for Air Quality Planning receive any comments regarding our Executive Orders 12866 (58 FR 51735,
Purposes; Louisiana; Redesignation of proposal. October 4, 1993) and 13563 (76 FR 3821,
Baton Rouge 2008 8-Hour Ozone January 21, 2011);
II. What are the effects of EPA’s final
Nonattainment Area to Attainment • Does not impose an information
action?
AGENCY: Environmental Protection collection burden under the provisions
Approval of Louisiana’s redesignation of the Paperwork Reduction Act (44
Agency (EPA).
request changes the legal designation of U.S.C. 3501 et seq.);
ACTION: Final rule.
the BRNA as found at 40 CFR part 81, • Is certified as not having a
SUMMARY: Pursuant to the Federal Clean from nonattainment to attainment for significant economic impact on a
Air Act (CAA or the Act) the the 2008 ozone NAAQS. Approval of substantial number of small entities
Environmental Protection Agency (EPA) Louisiana’s associated SIP revision also under the Regulatory Flexibility Act (5
is approving the State of Louisiana’s incorporates a plan for maintaining the U.S.C. 601 et seq.);
request to redesignate the five-parish 2008 ozone NAAQS in the BRNA • Does not contain any unfunded
Baton Rouge Nonattainment Area through 2027 into the SIP. This mandate or significantly or uniquely
(BRNA or Area) for the 2008 8-hour maintenance plan includes contingency affect small governments, as described
ozone National Ambient Air Quality measures to remedy any future in the Unfunded Mandates Reform Act
Standards (NAAQS or standard) to violations of the 2008 ozone NAAQS of 1995 (Pub. L. 104–4);
attainment. EPA is also approving a and procedures for evaluation of • Does not have Federalism
State Implementation Plan (SIP) potential violations. The maintenance implications as specified in Executive
revision containing a maintenance plan plan also establishes NOX and VOC Order 13132 (64 FR 43255, August 10,
for the area, including motor vehicle MVEBs for 2022 and 2027 for the Baton 1999);
emission budgets (MVEBs) for nitrogen Rouge Area. The MVEBs, in tons per • Is not an economically significant
oxides (NOX) and volatile organic day (tpd) are listed in Table 1. regulatory action based on health or
compounds (VOC) for the years 2022 safety risks subject to Executive Order
and 2027. EPA has determined that the TABLE 1—MVEBS FOR THE BATON 13045 (62 FR 19885, April 23, 1997);
BRNA is continuing to attain the 2008 ROUGE AREA • Is not a significant regulatory action
ozone NAAQS and has met the CAA [tpd] subject to Executive Order 13211 (66 FR
criteria for redesignation to attainment. 28355, May 22, 2001);
DATES: This rule is effective on January Year NOX VOC • Is not subject to requirements of
26, 2017. section 12(d) of the National
ADDRESSES: The EPA has established a 2022 .................. 14.37 13.19 Technology Transfer and Advancement
2027 .................. 10.95 11.55 Act of 1995 (15 U.S.C. 272 note) because
docket for this action under Docket ID
No. EPA–R06–OAR–2016–0293. All application of those requirements would
documents in the docket are listed on III. Final Action be inconsistent with the Clean Air Act;
the http://www.regulations.gov Web We are approving the State of and
site. Although listed in the index, some Louisiana’s request to redesignate the • Does not provide EPA with the
information is not publicly available, BRNA for the 2008 8-hour ozone discretionary authority to address, as
e.g., Confidential Business Information NAAQS to attainment; and the appropriate, disproportionate human
or other information whose disclosure is associated maintenance plan SIP health or environmental effects, using
restricted by statute. Certain other revision for the area, including NOX and practicable and legally permissible
material, such as copyrighted material, VOC MVEBs for the years 2022 and methods, under Executive Order 12898
is not placed on the Internet and will be 2027. We have determined that the (59 FR 7629, February 16, 1994).
publicly available only in hard copy BRNA is continuing to attain the 2008 In addition, the SIP is not approved to
form. Publicly available docket ozone NAAQS and has met the CAA apply on any Indian reservation land or
materials are available either criteria for redesignation from in any other area where EPA or an
electronically through http:// nonattainment to attainment for the Indian tribe has demonstrated that a
www.regulations.gov or in hard copy at 2008 ozone NAAQS. tribe has jurisdiction. In those areas of
the EPA Region 6, 1445 Ross Avenue, Indian country, the rule does not have
Suite 700, Dallas, Texas 75202–2733. IV. Statutory and Executive Order
tribal implications and will not impose
Reviews
FOR FURTHER INFORMATION CONTACT: substantial direct costs on tribal
Wendy Jacques, (214) 665–7395, Under the Clean Air Act, the governments or preempt tribal law as
asabaliauskas on DSK3SPTVN1PROD with RULES

jacques.wendy@epa.gov. Administrator is required to approve a specified by Executive Order 13175 (65
SUPPLEMENTARY INFORMATION: SIP submission that complies with the FR 67249, November 9, 2000).
Throughout this document ‘‘we,’’ ‘‘us,’’ provisions of the Act and applicable The Congressional Review Act, 5
and ‘‘our’’ means the EPA. Federal regulations. 42 U.S.C. 7410(k); U.S.C. 801 et seq., as added by the Small
40 CFR 52.02(a). Thus, in reviewing SIP Business Regulatory Enforcement
I. Background submissions, the EPA’s role is to Fairness Act of 1996, generally provides
The background for this action is approve state choices, provided that that before a rule may take effect, the
discussed in detail in our November 4, they meet the criteria of the Clean Air agency promulgating the rule must

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95052 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations

submit a rule report, which includes a review may be filed, and shall not PART 52—APPROVAL AND
copy of the rule, to each House of the postpone the effectiveness of such rule PROMULGATION OF
Congress and to the Comptroller General or action. This action may not be IMPLEMENTATION PLANS
of the United States. EPA will submit a challenged later in proceedings to
report containing this action and other enforce its requirements. (See section ■ 1. The authority citation for part 52
required information to the U.S. Senate, 307(b)(2).) continues to read as follows:
the U.S. House of Representatives, and
the Comptroller General of the United List of Subjects Authority: 42 U.S.C. 7401 et seq.
States prior to publication of the rule in 40 CFR Part 52
the Federal Register. A major rule Subpart T—Louisiana
cannot take effect until 60 days after it Environmental protection, Air
is published in the Federal Register. pollution control, Incorporation by ■ 2. In § 52.970(e) the second table titled
This action is not a ‘‘major rule’’ as reference, Intergovernmental relations, ‘‘EPA-Approved Louisiana
defined by 5 U.S.C. 804(2). Nitrogen dioxide, Ozone, Reporting and Nonregulatory Provisions and Quasi-
Under section 307(b)(1) of the Clean recordkeeping requirements, Volatile Regulatory Measures’’ is amended by
Air Act, petitions for judicial review of organic compounds. adding an entry at the end for ‘‘2008 8-
this action must be filed in the United 40 CFR Part 81 hour Ozone NAAQS Redesignation
States Court of Appeals for the Request and Maintenance Plan’’ to read
appropriate circuit by February 27, Environmental protection, Air as follows:
2017. Filing a petition for pollution control.
reconsideration by the Administrator of Dated: December 16, 2016. § 52.970 Identification of plan.
this final rule does not affect the finality Samuel Coleman, * * * * *
of this action for the purposes of judicial
Acting Regional Administrator, Region 6. (e) * * *
review nor does it extend the time
within which a petition for judicial 40 CFR part 52 is amended as follows:

EPA APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
State
Applicable geographic or submittal/
Name of SIP provision EPA approval date Explanation
nonattainment area effective
date

* * * * * * *
2008 8-hour Ozone NAAQS Redesignation Request Baton Rouge Area ........... 5/2/2015 12/27/2016, [Insert Fed-
and Maintenance Plan. eral Register citation].

PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401 et seq. by revising the entry for ‘‘Baton Rouge,
FOR AIR QUALITY PLANNING ■ 4. In § 81.319, the table entitled LA’’ to read as follows:
PURPOSES ‘‘Louisiana-2008 8-Hour Ozone NAAQS § 81.319 Louisiana.
■ 3. The authority citation for part 81 (Primary and secondary)’’ is amended
* * * * *
continues to read as follows:

LOUISIANA—2008 8-HOUR OZONE NAAQS
[Primary and secondary]

Designation Classification
Designated area
Date 1 Type Date 1 Type

Baton Rouge, LA 2 ..................................... 12/27/2016, [Insert Federal Register cita- Attainment ............... 12/27/2016
tion].
Ascension Parish.
East Baton Rouge Parish.
Iberville Parish.
Livingston Parish.
West Baton Rouge Parish.

* * * * * * *
1 This date is July 20, 2012, unless otherwise noted.
asabaliauskas on DSK3SPTVN1PROD with RULES

2 Excludes Indian country located in each area, unless otherwise noted.

* * * * *
[FR Doc. 2016–30776 Filed 12–23–16; 8:45 am]
BILLING CODE 6560–50–P

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Document Created: 2018-02-14 09:13:44
Document Modified: 2018-02-14 09:13:44

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		Final rule.
Dates		This rule is effective on January 26, 2017.
Contact		Wendy Jacques, (214) 665-7395, [email protected]
FR Citation		81 FR 95051
CFR Citation		40 CFR 52 40 CFR 81
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds