83_FR_16089 83 FR 16017 - Approval and Promulgation of Implementation Plans; Louisiana; 2008 8-Hour Ozone Maintenance Plan Revision for Baton Rouge

83 FR 16017 - Approval and Promulgation of Implementation Plans; Louisiana; 2008 8-Hour Ozone Maintenance Plan Revision for Baton Rouge

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 72 (April 13, 2018)

Page Range16017-16021
FR Document2018-07678

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Louisiana on January 31, 2018, revising the 2008 8-hour ozone maintenance plan and requesting a relaxation of the Federal Reid Vapor Pressure (RVP) requirements for the five-parish Baton Rouge area. EPA is proposing to determine that the relaxation of the RVP requirement would not interfere with attainment or maintenance of the NAAQS or with any other CAA requirement.

Federal Register, Volume 83 Issue 72 (Friday, April 13, 2018)
[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Proposed Rules]
[Pages 16017-16021]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07678]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0111; FRL-9976-03--Region 6]


Approval and Promulgation of Implementation Plans; Louisiana; 
2008 8-Hour Ozone Maintenance Plan Revision for Baton Rouge

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve a State

[[Page 16018]]

Implementation Plan (SIP) revision submitted by the State of Louisiana 
on January 31, 2018, revising the 2008 8-hour ozone maintenance plan 
and requesting a relaxation of the Federal Reid Vapor Pressure (RVP) 
requirements for the five-parish Baton Rouge area. EPA is proposing to 
determine that the relaxation of the RVP requirement would not 
interfere with attainment or maintenance of the NAAQS or with any other 
CAA requirement.

DATES: Written comments must be received on or before May 14, 2018.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0111, at http://www.regulations.gov or via email 
jacques.wendy@epa.gov. 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. Wendy Jacques, (214) 
665-7395, jacques.wendy@epa.gov. 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 the 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. Wendy Jacques, (214) 665-7395, 
jacques.wendy@epa.gov. To inspect the hard copy materials, please 
schedule an appointment with Ms. Wendy Jacques 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 Baton Rouge Area and Requirements for Low RVP Gasoline

    In 2008 we revised the 8-hour ozone NAAQS from 0.08 part per 
million (ppm) to 0.075 ppm. (73 FR 16436, March 27, 2008.) The Baton 
Rouge area, consisting of five parishes (Ascension, East Baton Rouge, 
Iberville, Livingston, and West Baton Rouge), was designated 
nonattainment for the 2008 ozone NAAQS (77 FR 30088, May 21, 2012). In 
2016 we approved a SIP revision to provide for maintenance of the NAAQS 
in the area (maintenance plan) and redesignated the area to attainment 
(81 FR 95051, December 27, 2016). Among the air pollution controls 
included in the maintenance plan was the continued use of low RVP 
gasoline in the area.
    On April 19, 1987 (52 FR 31274), EPA determined that gasoline 
nationwide was becoming increasingly volatile, causing an increase in 
evaporative emissions from gasoline-powered vehicles and equipment. 
Under CAA section 211(c), EPA promulgated regulations on March 22, 1989 
(54 FR 11868) that set maximum limits for the RVP of gasoline sold 
during the regulatory control periods that were established on a state-
by-state basis in the final rule. On June 11, 1990 (55 FR 23658), EPA 
promulgated more stringent volatility controls establishing maximum RVP 
standards of 9.0 pounds per square inch (psi) or 7.8 psi (depending on 
the state, the month, and the area's initial ozone attainment 
designation with respect to the 1-hour ozone NAAQS).

B. Revision to the Baton Rouge Area Maintenance Plan for the 2008 Ozone 
NAAQS

    The December 12, 1991 (56 FR 64704), Phase II rulemaking explains 
that EPA believes that relaxation of an applicable RVP standard is best 
accomplished in conjunction with the redesignation process. In order 
for an ozone nonattainment area to be redesignated as an attainment 
area, section 107(d)(3) of the Act requires the state to make a 
showing, pursuant to section 175A of the Act, that the area is capable 
of maintaining attainment for the ozone NAAQS for ten years after 
redesignation. Depending on the area's circumstances, this maintenance 
plan will either demonstrate that the area is capable of maintaining 
attainment for ten years without the more stringent volatility standard 
or that the more stringent volatility standard may be necessary for the 
area to maintain its attainment with the ozone NAAQS. Therefore, in the 
context of a request for redesignation, EPA will not relax the 
volatility standard unless the state requests a relaxation and the 
maintenance plan demonstrates, to the satisfaction of EPA, that the 
area will maintain attainment for ten years without the need for the 
more stringent volatility standard.
    Louisiana did not request relaxation of the applicable 7.8 psi 
federal RVP standard when the Baton Rouge area was initially 
redesignated to attainment for the 2008 8-hour ozone NAAQS. Louisiana 
is now requesting that EPA relax the federal 7.8 psi RVP requirement 
for the Baton Rouge area by approving its revised maintenance plan that 
includes modeling demonstrating the continuous attainment of the 2008 
8-hour ozone NAAQS without the RVP requirement.

II. The EPA's Evaluation

A. Demonstration That the 2008 Ozone NAAQS Will Continue To Be 
Maintained in the Baton Rouge Area

    On January 31, 2018, Louisiana submitted a SIP revision making 
changes to the maintenance plan for the Baton Rouge area. This revision 
demonstrates that the relaxation of the 7.8 psi federal RVP requirement 
would have no impact on maintaining the 2008 8-hour NAAQS. Louisiana's 
analysis utilized EPA's 2014 Motor Vehicle Emissions Simulator 
(MOVES2014a) emission modeling system to project revised on-road and 
non-road mobile source emission inventories for the 2011 base year and 
future years 2022 and 2027.
    Table 1 below is a comparison of daily nitrogen oxide 
(NOX) and volatile organic compounds (VOC) emissions in 
2011, 2022, and 2027 for on-road, non-road, point, and non-point 
sectors of the five parish Baton Rouge area. Relative changes are shown 
for the Maintenance Plan (MP) Inventory from 2011 to 2022 and 2027, the 
updated inventory (UI) and the relaxed 9.0 psi RVP scenario inventory 
for the same years.

[[Page 16019]]



         Table 1--Comparison of Daily NOX and VOC Emissions, tons per day (tpd) in 2011, 2022, and 2027
----------------------------------------------------------------------------------------------------------------
                                         2011                     2022                          2027
                                 -------------------------------------------------------------------------------
                                     MP      UI/7.8      MP      UI/7.8    UI/9.0      MP      UI/7.8    UI/9.0
----------------------------------------------------------------------------------------------------------------
NOX:
    On-road +...................      38.4      37.5      14.4      10.8      10.8      11.0       6.8       6.8
    Non-road +..................      27.3      28.1      12.6      18.5      18.5      15.2      15.3      15.3
    Nonpoint *..................      17.1      17.1      17.9      17.9      17.9      17.9      17.9      17.9
    Point *.....................      74.2      74.2      74.2      74.2      74.2      74.2      74.2      74.2
                                 -------------------------------------------------------------------------------
        Total...................     157.0     156.9     119.1     121.3     121.4     118.3     114.2     114.2
% Difference from 2011..........  ........  ........    -24.1%    -22.7%    -22.7%    -24.6%    -27.2%    -27.2%
----------------------------------------------------------------------------------------------------------------
VOC:
    On-road +...................      19.2      19.0      13.0      10.3      10.5      11.4       7.9       8.1
    Non-road +..................       8.7      10.3       6.5       6.3       6.6       6.1       6.1       6.4
    Nonpoint *..................      82.6      82.6      90.5      90.5      90.5      92.7      92.7      92.7
    Point *.....................      33.6      33.6      33.6      33.6      33.6      33.6      33.6      33.6
                                 -------------------------------------------------------------------------------
        Total...................     144.1     145.5     143.6     140.7     141.2     143.8     140.3     140.8
% Difference from 2011..........  ........  ........     -0.3%     -3.3%     -2.9%     -0.2%     -3.5%     -3.2%
----------------------------------------------------------------------------------------------------------------
* Average annual day emissions from the Maintenance Plan.
+ Average August day emissions estimated with MOVES; average annual day emissions for non-road ALM and 2011
  NEIv2.

    Louisiana's analysis shows consistent decreases in the Maintenance 
Plan inventory from 2011 to both future years for NOX and 
VOC. The updated NOX inventory shows a smaller 2011-2022 
reduction of 23 percent, but a larger 2011-2027 reduction of 27 percent 
than the Maintenance Plan inventory. The updated VOC inventory shows a 
larger reduction of 3.3-3.5 percent for 2022 and 2027 years than the 
existing Maintenance Plan inventory. The 9.0 psi RVP scenarios in 2022 
and 2027 indicate no change in NOX and only a small change 
of 0.2-0.3 percent increase in VOC.

B. Demonstration That Motor Vehicle Emissions Budgets (MVEBs) Are 
Approvable

    The maintenance plan creates MVEBs for criteria pollutants and/or 
their precursors to address pollution from cars and trucks. The MVEB is 
the amount of emissions allowed in the State Implementation Plan (SIP) 
for on-road motor vehicles; it establishes an emissions ceiling for the 
regional transportation network. The previously approved Maintenance 
Plan established MVEBs for the Baton Rouge area for the years 2022 and 
2027. Using the MOVES2014a model and evaluating the 9.0 psi RVP 
scenarios in 2022 and 2027, the average daily on-road NOX 
and VOC tpd emissions are less than the previously approved budgets. 
Table 2 below is a comparison of these on-road emissions projections.

                              Table 2--Comparison of Baton Rouge On-Road Emissions
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                                                               2022                            2027
                      Year                       ---------------------------------------------------------------
                                                        7.8           UI/9.0            7.8           UI/9.0
----------------------------------------------------------------------------------------------------------------
NOX.............................................         * 14.37           10.78         * 10.95            6.79
VOC.............................................         * 13.19           10.52         * 11.55            8.09
----------------------------------------------------------------------------------------------------------------
* MVEBs approved 12/27/2016 (81 FR 95051).

    The Transportation Conformity Rule at 40 CFR 93.101 defines a 
``safety margin'' as an amount by which the total projected emissions 
from all sources of a given pollutant are less than the total emissions 
that would satisfy the applicable requirement for reasonable further 
progress, attainment, or maintenance. This would represent emission 
reductions of a given pollutant in the SIP beyond those needed to 
demonstrate maintenance. The available safety margin, once quantified, 
may be allocated towards projected on-road emissions to establish MVEBs 
for purposes of conformity. The State has demonstrated that the total 
revised NOX and VOC emissions in 2022 and 2027 are less than 
those emissions in the 2011 base year, and has quantified the total 
available safety margin for each pollutant. The calculated safety 
margin amounts are as follows: NOX 35.5 tpd/VOC 4.3 tpd for 
2022 and NOX 42.7 tpd/VOC 4.7 tpd for 2027. Table 3 below 
summarizes the average daily on-road NOX and VOC emissions 
added to the revised 2022 and 2027 on-road inventories to result in the 
MVEB levels recommended.

                    Table 3--Safety Margin Allocation
------------------------------------------------------------------------
                                               2022            2027
                                         -------------------------------
                                            UI/9.0 RVP      UI/9.0 RVP
------------------------------------------------------------------------
NOX:
    On-road (tpd).......................            10.8             6.8

[[Page 16020]]

 
    Allocated safety margin (tpd).......            3.57            4.15
    MVEB (tpd)..........................           14.37           10.95
VOC:
    On-road (tpd).......................            10.5             8.1
    Allocated safety margin (tpd).......            2.69            3.45
    MVEB (tpd)..........................           13.19           11.55
------------------------------------------------------------------------

C. Demonstration That the SIP Revision Will Not Interfere With Any 
Other Clean Air Act Requirement

    To support Louisiana's request to relax the federal RVP requirement 
in the Baton Rouge area, the state must demonstrate that the requested 
change will satisfy section 110(l) of the CAA. Section 110(l) requires 
that a revision to the SIP not interfere with any applicable 
requirement concerning attainment and reasonable further progress (as 
defined in section 171), or any other applicable requirement of the 
Act. EPA's criterion for determining the approvability of the SIP 
revision is whether the noninterference demonstration associated with 
the relaxation request satisfies section 110(l). The modeling 
associated with Louisiana's previously approved maintenance plan for 
the 2008 8-hour ozone NAAQS is premised upon the 7.8 psi RVP 
requirements. The revised maintenance plan is based on allowing a 
relaxed requirement of 9.0 psi RVP. EPA is proposing approval of the 
revised maintenance plan based on information provided in the revised 
maintenance plan, modeling results and an evaluation of quality assured 
air monitoring data previously reviewed as part of the Baton Rouge 
Nonattainment Area 2008 8-hour Ozone NAAQS Redesignation rulemaking (81 
FR 95051, December 27, 2016).
    The relaxation of the RVP requirement would not impact emission 
levels of any pollutant except VOCs which indirectly could impact ozone 
levels. The updated inventory presented in Table 1 shows that emissions 
for NOX and VOC in 2022 and 2027 remain well below the 
levels of those emissions in 2011 of the approved maintenance plan. 
Because future emissions are well below the level of emissions that 
provided for attainment of the 2008 ozone standard, the revised plan 
continues to provide for maintenance of that standard. Point source and 
non-point source emissions remain unchanged in the revised 
demonstration. On-road emission results show that there is virtually no 
change in the amount of expected NOX emission reductions in 
2022 and 2027 from 2011. Emissions projection modeling indicate a small 
increase in projected VOC emissions in on-road and nonroad categories 
due to the higher gasoline RVP and the elimination of Stage II vapor 
recovery (82 FR 14822). Table 1 shows that the change will result in a 
less than 1% change in projected area VOC emissions. Due to the Baton 
Rouge area being NOX limited, the rate of ozone formation is 
limited by the amount of NOX present rather than the amount 
of VOCs present, it is reasonable to conclude that this small VOC 
increase should not contribute to additional ozone formation. 
Therefore, we find that this revision will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress (as defined in section 171), or any other applicable 
requirement of the Act.

III. Proposed Action

    We are proposing to approve a revision to the Louisiana SIP that 
would modify the Baton Rouge area maintenance plan for the 2008 8-hour 
ozone NAAQS which demonstrates that relaxing the federal RVP 
requirements for gasoline in the Baton Rouge area would not interfere 
with the area's maintenance of the 2008 8-hour ozone NAAQS or any 
applicable requirement of the CAA. We are also proposing to approve the 
2022 and 2027 MVEBs included in this maintenance plan revision. The 
Agency will respond to Louisiana's request to relax the federal RVP 
requirements for gasoline in the Baton Rouge area in a separate 
rulemaking.

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, the 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 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

[[Page 16021]]

Indian tribe has demonstrated that a tribe has jurisdiction. In those 
areas of Indian country, the proposed 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).

List of Subjects in 40 CFR Part 52

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

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

    Dated: April 3, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-07678 Filed 4-12-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                                           Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Proposed Rules                                                 16017

                                                 (f) Compliance                                          Model CL–600–2D15 (Regional Jet Series                 actions from a manufacturer, the action must
                                                    Comply with this AD within the                       705) airplanes and Model CL–600–2D24                   be accomplished using a method approved
                                                 compliance times specified, unless already              (Regional Jet Series 900) airplanes), or CMM           by the Manager, New York ACO Branch,
                                                 done.                                                   32–11–34 (for Model CL–600–2E25 (Regional              FAA; or Transport Canada Civil Aviation
                                                                                                         Jet Series 1000) airplanes); and                       (TCCA); or Bombardier Inc.’s TCCA Design
                                                 (g) Inspection and Replacement                             (ii) AMM Task 32–32–05–400–804,                     Approval Organization (DAO). If approved by
                                                    For any MLG dressed shock strut assembly             Installation of the Inboard MLG Retraction-            the DAO, the approval must include the
                                                 with part numbers and serial numbers                    Actuator Bracket Pin, or equivalent task in            DAO-authorized signature.
                                                 specified in paragraph 1.A., ‘‘Effectivity,’’ of        CMM 32–11–05 (for Model CL–600–2C10
                                                                                                         (Regional Jet Series 700, 701, & 702)                  (k) Related Information
                                                 Bombardier Service Bulletin 670BA–32–060,
                                                 Revision B, dated November 10, 2017, at the             airplanes), or CMM 32–11–06 (for Model CL–               (1) Refer to Mandatory Continuing
                                                 applicable compliance times specified in                600–2D15 (Regional Jet Series 705) airplanes           Airworthiness Information (MCAI) Canadian
                                                 paragraphs (g)(1), (g)(2), or (g)(3) of this AD,        and Model CL–600–2D24 (Regional Jet Series             Airworthiness Directive CF–2017–34, dated
                                                 do a detailed visual inspection of the                  900) airplanes), or CMM 32–11–34 (for Model            October 19, 2017, for related information.
                                                 retraction actuator brackets, their associated          CL–600–2E25 (Regional Jet Series 1000)                 This MCAI may be found in the AD docket
                                                 pins and hardware, and the mating lugs on               airplanes); and                                        on the internet at http://www.regulations.gov
                                                 the MLG outer cylinder for any corrosion,                  (iii) AMM Task 32–32–05–400–805,                    by searching for and locating Docket No.
                                                 and do all applicable replacements, in                  Installation of the Inboard-MLG Retraction-            FAA–2018–0275.
                                                 accordance with the Accomplishment                      Actuator Pin, or AMM Task 32–32–05–400–                  (2) For more information about this AD,
                                                 Instructions of Bombardier Service Bulletin             801, Installation of the MLG Retraction-               contact Dorie Resnik, Aerospace Engineer,
                                                 670BA–32–060, Revision B, dated November                Actuator, or AMM Task 32–11–05–400–801,                Aviation Safety Section AIR–7B1, Boston
                                                 10, 2017. Do all applicable replacements                Installation of the MLG Shock-Strut                    ACO Branch, FAA, 1200 District Avenue,
                                                 before further flight.                                  Assembly; and                                          Burlington, MA 01803; telephone 781–238–
                                                    (1) For any MLG dressed shock strut                     (iv) For Model CL–600–2C10 (Regional Jet            7693.
                                                 assembly that has accumulated less than                 Series 700, 701, & 702) airplanes, Model CL–             (3) For information about AMOCs, contact
                                                 10,000 total flight hours on the MLG dressed            600–2D15 (Regional Jet Series 705) airplanes,          Aziz Ahmed, Aerospace Engineer, Airframe
                                                 shock strut assembly and has been in service            and Model CL–600–2D24 (Regional Jet Series             and Mechanical Systems Section, FAA, New
                                                 for less than 60 months since its first                 900) airplanes equipped with MLG auxiliary             York ACO Branch, 1600 Stewart Avenue,
                                                 installation on an airplane: Within 6,600               actuators: AMM Task 32–32–03–400–801,                  Suite 410, Westbury, NY 11590; telephone
                                                 flight hours or 39 months, whichever occurs             Installation of the MLG Auxiliary Actuator,            516–228–7329; fax 516–794–5531.
                                                 first, after the effective date of this AD.             or AMM Task 32–11–05–400–801,                            (4) For service information identified in
                                                    (2) For any MLG dressed shock strut                  Installation of the MLG Shock-Strut                    this AD, contact Bombardier, Inc., 400 Côte-
                                                 assembly that has accumulated less than or              Assembly.                                              Vertu Road West, Dorval, Québec H4S 1Y9,
                                                 equal to 14,000 total flight hours on the MLG              (2) AMM Task 32–32–05–400–806,                      Canada; Widebody Customer Response
                                                                                                         Installation of the MLG Retraction-Actuator            Center North America toll-free telephone 1–
                                                 dressed shock strut assembly, and has been
                                                                                                         Bracket has been accomplished on the MLG               866–538–1247 or direct-dial telephone 1–
                                                 in service for less than 84 months since its
                                                                                                         dressed shock strut assembly since its entry-          514–855–2999; fax 514–855–7401; email
                                                 first installation on an airplane, and does not
                                                                                                         into-service date.                                     ac.yul@aero.bombardier.com; internet http://
                                                 meet the criteria in paragraph (g)(1) of this
                                                                                                            (3) AMM-Tasks 32–11–00–610–801                      www.bombardier.com. You may view this
                                                 AD: Within 4,400 flight hours or 26 months,
                                                                                                         Restoration (Overhaul) of the MLG Assembly             service information at the FAA, Transport
                                                 whichever occurs first, after the effective date
                                                                                                         has been accomplished since its entry into             Standards Branch, 2200 South 216th St., Des
                                                 of this AD, but not to exceed 16,600 total
                                                                                                         service date.                                          Moines, WA. For information on the
                                                 flight hours on the MLG dressed shock strut
                                                 assembly or 99 months since its first                   (i) Credit for Previous Actions                        availability of this material at the FAA, call
                                                 installation on an airplane, whichever occurs                                                                  206–231–3195.
                                                                                                            This paragraph provides credit for actions
                                                 first.                                                  required by paragraph (g) of this AD, if those           Issued in Des Moines, Washington, on
                                                    (3) For any MLG dressed shock strut                  actions were performed before the effective            March 29, 2018.
                                                 assembly that has accumulated more than                 date of this AD using Bombardier Service               Chris Spangenberg,
                                                 14,000 total flight hours on the MLG dressed            Bulletin 670BA–32–060, dated May 2, 2017,
                                                 shock strut assembly or 84 months or more                                                                      Acting Director, System Oversight Division,
                                                                                                         or Bombardier Service Bulletin 670BA–32–
                                                 since its first installation on an airplane:                                                                   Aircraft Certification Service.
                                                                                                         060, Revision A, dated June 22, 2017.
                                                 Within 2,600 flight hours or 15 months,                                                                        [FR Doc. 2018–07631 Filed 4–12–18; 8:45 am]
                                                 whichever occurs first, after the effective date        (j) Other FAA AD Provisions                            BILLING CODE 4910–13–P
                                                 of this AD.                                                The following provisions also apply to this
                                                 (h) Parts Exempted From This AD                         AD:
                                                                                                            (1) Alternative Methods of Compliance
                                                   For any MLG dressed shock strut assembly              (AMOCs): The Manager, New York ACO
                                                                                                                                                                ENVIRONMENTAL PROTECTION
                                                 with part numbers and serial numbers                    Branch, FAA, has the authority to approve              AGENCY
                                                 specified in paragraph 1.A., ‘‘Effectivity,’’ of        AMOCs for this AD, if requested using the
                                                 Bombardier Service Bulletin 670BA–32–060,               procedures found in 14 CFR 39.19. In                   40 CFR Part 52
                                                 Revision B, dated November 10, 2017: The                accordance with 14 CFR 39.19, send your                [EPA–R06–OAR–2018–0111; FRL–9976–
                                                 actions specified in paragraph (g) of this AD           request to your principal inspector or local           03—Region 6]
                                                 are not required provided that the actions in           Flight Standards District Office, as
                                                 paragraphs (h)(1), (h)(2), or (h)(3) of this AD         appropriate. If sending information directly           Approval and Promulgation of
                                                 have been done.                                         to the manager of the certification office,
                                                   (1) The actions in paragraphs (h)(1)(i),                                                                     Implementation Plans; Louisiana; 2008
                                                                                                         send it to ATTN: Program Manager,
                                                 (h)(1)(ii), (h)(1)(iii), and (h)(1)(iv) of this AD,     Continuing Operational Safety, FAA, New                8-Hour Ozone Maintenance Plan
                                                 as applicable, have been done on the MLG                York ACO Branch, 1600 Stewart Avenue,                  Revision for Baton Rouge
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 dressed shock strut assembly since its entry-           Suite 410, Westbury, NY 11590; telephone               AGENCY:  Environmental Protection
                                                 into-service date.                                      516–228–7300; fax 516–794–5531. Before
                                                   (i) Airplane maintenance manual (AMM)                 using any approved AMOC, notify your                   Agency (EPA).
                                                 Task 32–32–05–400–803, Installation of the              appropriate principal inspector, or lacking a          ACTION: Proposed rule.
                                                 Outboard MLG Retraction Actuator Bracket                principal inspector, the manager of the local
                                                 Pin, or equivalent task in component                    flight standards district office/certificate           SUMMARY:  Pursuant to the Federal Clean
                                                 maintenance manual (CMM) 32–11–05 (for                  holding district office.                               Air Act (CAA or the Act), the
                                                 Model CL–600–2C10 (Regional Jet Series 700,                (2) Contacting the Manufacturer: For any            Environmental Protection Agency (EPA)
                                                 701, & 702) airplanes), or CMM 32–11–06 (for            requirement in this AD to obtain corrective            is proposing to approve a State


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                                                 16018                     Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Proposed Rules

                                                 Implementation Plan (SIP) revision                      appointment with Ms. Wendy Jacques                     the ozone NAAQS for ten years after
                                                 submitted by the State of Louisiana on                  or Mr. Bill Deese at 214–665–7253.                     redesignation. Depending on the area’s
                                                 January 31, 2018, revising the 2008 8-                  SUPPLEMENTARY INFORMATION:                             circumstances, this maintenance plan
                                                 hour ozone maintenance plan and                         Throughout this document wherever                      will either demonstrate that the area is
                                                 requesting a relaxation of the Federal                  ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean            capable of maintaining attainment for
                                                 Reid Vapor Pressure (RVP) requirements                  the EPA.                                               ten years without the more stringent
                                                 for the five-parish Baton Rouge area.                                                                          volatility standard or that the more
                                                 EPA is proposing to determine that the                  I. Background                                          stringent volatility standard may be
                                                 relaxation of the RVP requirement                       A. The Baton Rouge Area and                            necessary for the area to maintain its
                                                 would not interfere with attainment or                  Requirements for Low RVP Gasoline                      attainment with the ozone NAAQS.
                                                 maintenance of the NAAQS or with any                       In 2008 we revised the 8-hour ozone                 Therefore, in the context of a request for
                                                 other CAA requirement.                                  NAAQS from 0.08 part per million                       redesignation, EPA will not relax the
                                                 DATES: Written comments must be                         (ppm) to 0.075 ppm. (73 FR 16436,                      volatility standard unless the state
                                                 received on or before May 14, 2018.                     March 27, 2008.) The Baton Rouge area,                 requests a relaxation and the
                                                                                                         consisting of five parishes (Ascension,                maintenance plan demonstrates, to the
                                                 ADDRESSES: Submit your comments,
                                                                                                         East Baton Rouge, Iberville, Livingston,               satisfaction of EPA, that the area will
                                                 identified by Docket No. EPA–R06–
                                                                                                         and West Baton Rouge), was designated                  maintain attainment for ten years
                                                 OAR–2018–0111, at http://
                                                                                                         nonattainment for the 2008 ozone                       without the need for the more stringent
                                                 www.regulations.gov or via email
                                                                                                         NAAQS (77 FR 30088, May 21, 2012).                     volatility standard.
                                                 jacques.wendy@epa.gov. Follow the
                                                 online instructions for submitting                      In 2016 we approved a SIP revision to                     Louisiana did not request relaxation
                                                 comments. Once submitted, comments                      provide for maintenance of the NAAQS                   of the applicable 7.8 psi federal RVP
                                                 cannot be edited or removed from                        in the area (maintenance plan) and                     standard when the Baton Rouge area
                                                 Regulations.gov. The EPA may publish                    redesignated the area to attainment (81                was initially redesignated to attainment
                                                 any comment received to its public                      FR 95051, December 27, 2016). Among                    for the 2008 8-hour ozone NAAQS.
                                                 docket. Do not submit electronically any                the air pollution controls included in                 Louisiana is now requesting that EPA
                                                 information you consider to be                          the maintenance plan was the continued                 relax the federal 7.8 psi RVP
                                                 Confidential Business Information (CBI)                 use of low RVP gasoline in the area.                   requirement for the Baton Rouge area by
                                                 or other information whose disclosure is                   On April 19, 1987 (52 FR 31274), EPA                approving its revised maintenance plan
                                                 restricted by statute. Multimedia                       determined that gasoline nationwide                    that includes modeling demonstrating
                                                 submissions (audio, video, etc.) must be                was becoming increasingly volatile,                    the continuous attainment of the 2008 8-
                                                 accompanied by a written comment.                       causing an increase in evaporative                     hour ozone NAAQS without the RVP
                                                 The written comment is considered the                   emissions from gasoline-powered                        requirement.
                                                                                                         vehicles and equipment. Under CAA
                                                 official comment and should include                                                                            II. The EPA’s Evaluation
                                                                                                         section 211(c), EPA promulgated
                                                 discussion of all points you wish to
                                                                                                         regulations on March 22, 1989 (54 FR                   A. Demonstration That the 2008 Ozone
                                                 make. The EPA will generally not
                                                                                                         11868) that set maximum limits for the                 NAAQS Will Continue To Be
                                                 consider comments or comment
                                                                                                         RVP of gasoline sold during the                        Maintained in the Baton Rouge Area
                                                 contents located outside of the primary
                                                                                                         regulatory control periods that were
                                                 submission (i.e., on the web, cloud, or                                                                           On January 31, 2018, Louisiana
                                                                                                         established on a state-by-state basis in
                                                 other file sharing system). For                                                                                submitted a SIP revision making
                                                                                                         the final rule. On June 11, 1990 (55 FR
                                                 additional submission methods, please                                                                          changes to the maintenance plan for the
                                                                                                         23658), EPA promulgated more
                                                 contact Ms. Wendy Jacques, (214) 665–                                                                          Baton Rouge area. This revision
                                                                                                         stringent volatility controls establishing
                                                 7395, jacques.wendy@epa.gov. For the                                                                           demonstrates that the relaxation of the
                                                                                                         maximum RVP standards of 9.0 pounds
                                                 full EPA public comment policy,                                                                                7.8 psi federal RVP requirement would
                                                                                                         per square inch (psi) or 7.8 psi
                                                 information about CBI or multimedia                                                                            have no impact on maintaining the 2008
                                                                                                         (depending on the state, the month, and
                                                 submissions, and general guidance on                                                                           8-hour NAAQS. Louisiana’s analysis
                                                                                                         the area’s initial ozone attainment
                                                 making effective comments, please visit                                                                        utilized EPA’s 2014 Motor Vehicle
                                                                                                         designation with respect to the 1-hour
                                                 http://www2.epa.gov/dockets/                                                                                   Emissions Simulator (MOVES2014a)
                                                                                                         ozone NAAQS).
                                                 commenting-epa-dockets.                                                                                        emission modeling system to project
                                                    Docket: The index to the docket for                  B. Revision to the Baton Rouge Area                    revised on-road and non-road mobile
                                                 this action is available electronically at              Maintenance Plan for the 2008 Ozone                    source emission inventories for the 2011
                                                 www.regulations.gov and in hard copy                    NAAQS                                                  base year and future years 2022 and
                                                 at the EPA Region 6, 1445 Ross Avenue,                    The December 12, 1991 (56 FR                         2027.
                                                 Suite 700, Dallas, Texas. While all                     64704), Phase II rulemaking explains                      Table 1 below is a comparison of
                                                 documents in the docket are listed in                   that EPA believes that relaxation of an                daily nitrogen oxide (NOX) and volatile
                                                 the index, some information may be                      applicable RVP standard is best                        organic compounds (VOC) emissions in
                                                 publicly available only at the hard copy                accomplished in conjunction with the                   2011, 2022, and 2027 for on-road, non-
                                                 location (e.g., copyrighted material), and              redesignation process. In order for an                 road, point, and non-point sectors of the
                                                 some may not be publicly available at                   ozone nonattainment area to be                         five parish Baton Rouge area. Relative
                                                 either location (e.g., CBI).                            redesignated as an attainment area,                    changes are shown for the Maintenance
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                                                 FOR FURTHER INFORMATION CONTACT: Ms.                    section 107(d)(3) of the Act requires the              Plan (MP) Inventory from 2011 to 2022
                                                 Wendy Jacques, (214) 665–7395,                          state to make a showing, pursuant to                   and 2027, the updated inventory (UI)
                                                 jacques.wendy@epa.gov. To inspect the                   section 175A of the Act, that the area is              and the relaxed 9.0 psi RVP scenario
                                                 hard copy materials, please schedule an                 capable of maintaining attainment for                  inventory for the same years.




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                                                                                      Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Proposed Rules                                                                                16019

                                                            TABLE 1—COMPARISON OF DAILY NOX AND VOC EMISSIONS, TONS PER DAY (tpd) IN 2011, 2022, AND 2027
                                                                                                                                                       2011                                  2022                                     2027

                                                                                                                                                MP             UI/7.8           MP          UI/7.8          UI/9.0         MP         UI/7.8        UI/9.0

                                                 NOX:
                                                    On-road + ..................................................................                  38.4              37.5         14.4           10.8             10.8       11.0           6.8             6.8
                                                    Non-road + ................................................................                   27.3              28.1         12.6           18.5             18.5       15.2          15.3            15.3
                                                    Nonpoint * ..................................................................                 17.1              17.1         17.9           17.9             17.9       17.9          17.9            17.9
                                                    Point * ........................................................................              74.2              74.2         74.2           74.2             74.2       74.2          74.2            74.2

                                                          Total ...................................................................              157.0            156.9         119.1       121.3            121.4         118.3      114.2         114.2
                                                 % Difference from 2011 ...................................................                 ..............   ..............   ¥24.1%      ¥22.7%           ¥22.7%        ¥24.6%     ¥27.2%        ¥27.2%

                                                 VOC:
                                                    On-road + ..................................................................                  19.2              19.0         13.0           10.3             10.5       11.4           7.9             8.1
                                                    Non-road + ................................................................                    8.7              10.3          6.5            6.3              6.6        6.1           6.1             6.4
                                                    Nonpoint * ..................................................................                 82.6              82.6         90.5           90.5             90.5       92.7          92.7            92.7
                                                    Point * ........................................................................              33.6              33.6         33.6           33.6             33.6       33.6          33.6            33.6

                                                          Total ...................................................................              144.1            145.5         143.6        140.7            141.2        143.8       140.3         140.8
                                                 % Difference from 2011 ...................................................                 ..............   ..............    ¥0.3%        ¥3.3%            ¥2.9%        ¥0.2%       ¥3.5%         ¥3.2%
                                                    * Average annual day emissions from the Maintenance Plan.
                                                    + Average August day emissions estimated with MOVES; average annual day emissions for non-road ALM and 2011 NEIv2.


                                                   Louisiana’s analysis shows consistent                                     indicate no change in NOX and only a                                  road motor vehicles; it establishes an
                                                 decreases in the Maintenance Plan                                           small change of 0.2–0.3 percent increase                              emissions ceiling for the regional
                                                 inventory from 2011 to both future years                                    in VOC.                                                               transportation network. The previously
                                                 for NOX and VOC. The updated NOX                                                                                                                  approved Maintenance Plan established
                                                                                                                             B. Demonstration That Motor Vehicle
                                                 inventory shows a smaller 2011–2022                                                                                                               MVEBs for the Baton Rouge area for the
                                                                                                                             Emissions Budgets (MVEBs) Are
                                                 reduction of 23 percent, but a larger                                                                                                             years 2022 and 2027. Using the
                                                                                                                             Approvable
                                                 2011–2027 reduction of 27 percent than                                                                                                            MOVES2014a model and evaluating the
                                                 the Maintenance Plan inventory. The                                           The maintenance plan creates MVEBs                                  9.0 psi RVP scenarios in 2022 and 2027,
                                                 updated VOC inventory shows a larger                                        for criteria pollutants and/or their                                  the average daily on-road NOX and VOC
                                                 reduction of 3.3–3.5 percent for 2022                                       precursors to address pollution from                                  tpd emissions are less than the
                                                 and 2027 years than the existing                                            cars and trucks. The MVEB is the                                      previously approved budgets. Table 2
                                                 Maintenance Plan inventory. The 9.0 psi                                     amount of emissions allowed in the                                    below is a comparison of these on-road
                                                 RVP scenarios in 2022 and 2027                                              State Implementation Plan (SIP) for on-                               emissions projections.

                                                                                                     TABLE 2—COMPARISON OF BATON ROUGE ON-ROAD EMISSIONS
                                                                                                                                                              [tpd]

                                                                                                                                                                                          2022                                       2027
                                                                                                        Year
                                                                                                                                                                                7.8                   UI/9.0                7.8                  UI/9.0

                                                 NOX ..................................................................................................................           * 14.37                    10.78              * 10.95                   6.79
                                                 VOC .................................................................................................................            * 13.19                    10.52              * 11.55                   8.09
                                                    * MVEBs approved 12/27/2016 (81 FR 95051).


                                                    The Transportation Conformity Rule                                       in the SIP beyond those needed to                                     total available safety margin for each
                                                 at 40 CFR 93.101 defines a ‘‘safety                                         demonstrate maintenance. The available                                pollutant. The calculated safety margin
                                                 margin’’ as an amount by which the                                          safety margin, once quantified, may be                                amounts are as follows: NOX 35.5 tpd/
                                                 total projected emissions from all                                          allocated towards projected on-road                                   VOC 4.3 tpd for 2022 and NOX 42.7 tpd/
                                                 sources of a given pollutant are less than                                  emissions to establish MVEBs for                                      VOC 4.7 tpd for 2027. Table 3 below
                                                 the total emissions that would satisfy                                      purposes of conformity. The State has                                 summarizes the average daily on-road
                                                 the applicable requirement for                                              demonstrated that the total revised NOX                               NOX and VOC emissions added to the
                                                 reasonable further progress, attainment,                                    and VOC emissions in 2022 and 2027                                    revised 2022 and 2027 on-road
                                                 or maintenance. This would represent                                        are less than those emissions in the                                  inventories to result in the MVEB levels
                                                 emission reductions of a given pollutant                                    2011 base year, and has quantified the                                recommended.
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                                                                                                                            TABLE 3—SAFETY MARGIN ALLOCATION
                                                                                                                                                                                                                           2022                  2027

                                                                                                                                                                                                                         UI/9.0 RVP          UI/9.0 RVP

                                                 NOX:
                                                    On-road (tpd) ....................................................................................................................................................             10.8                    6.8



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                                                 16020                              Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Proposed Rules

                                                                                                              TABLE 3—SAFETY MARGIN ALLOCATION—Continued
                                                                                                                                                                                                                           2022          2027

                                                                                                                                                                                                                         UI/9.0 RVP    UI/9.0 RVP

                                                    Allocated safety margin (tpd) ...........................................................................................................................                   3.57          4.15
                                                    MVEB (tpd) .......................................................................................................................................................         14.37         10.95
                                                 VOC:
                                                    On-road (tpd) ....................................................................................................................................................          10.5           8.1
                                                    Allocated safety margin (tpd) ...........................................................................................................................                   2.69          3.45
                                                    MVEB (tpd) .......................................................................................................................................................         13.19         11.55



                                                 C. Demonstration That the SIP Revision                                   from 2011. Emissions projection                                          merely proposes to approve state law as
                                                 Will Not Interfere With Any Other Clean                                  modeling indicate a small increase in                                    meeting Federal requirements and does
                                                 Air Act Requirement                                                      projected VOC emissions in on-road and                                   not impose additional requirements
                                                    To support Louisiana’s request to                                     nonroad categories due to the higher                                     beyond those imposed by state law. For
                                                 relax the federal RVP requirement in the                                 gasoline RVP and the elimination of                                      that reason, this action:
                                                 Baton Rouge area, the state must                                         Stage II vapor recovery (82 FR 14822).                                      • Is not a ‘‘significant regulatory
                                                 demonstrate that the requested change                                    Table 1 shows that the change will                                       action’’ subject to review by the Office
                                                 will satisfy section 110(l) of the CAA.                                  result in a less than 1% change in                                       of Management and Budget under
                                                 Section 110(l) requires that a revision to                               projected area VOC emissions. Due to                                     Executive Orders 12866 (58 FR 51735,
                                                 the SIP not interfere with any applicable                                the Baton Rouge area being NOX                                           October 4, 1993) and 13563 (76 FR 3821,
                                                 requirement concerning attainment and                                    limited, the rate of ozone formation is                                  January 21, 2011);
                                                 reasonable further progress (as defined                                  limited by the amount of NOX present                                        • Is not an Executive Order 13771 (82
                                                 in section 171), or any other applicable                                 rather than the amount of VOCs present,                                  FR 9339, February 2, 2017) regulatory
                                                 requirement of the Act. EPA’s criterion                                  it is reasonable to conclude that this                                   action because SIP approvals are
                                                 for determining the approvability of the                                 small VOC increase should not                                            exempted under Executive Order 12866;
                                                                                                                          contribute to additional ozone                                              • Does not impose an information
                                                 SIP revision is whether the
                                                                                                                          formation. Therefore, we find that this                                  collection burden under the provisions
                                                 noninterference demonstration
                                                 associated with the relaxation request                                   revision will not interfere with any                                     of the Paperwork Reduction Act (44
                                                 satisfies section 110(l). The modeling                                   applicable requirement concerning                                        U.S.C. 3501 et seq.);
                                                                                                                          attainment and reasonable further                                           • Is certified as not having a
                                                 associated with Louisiana’s previously
                                                                                                                          progress (as defined in section 171), or                                 significant economic impact on a
                                                 approved maintenance plan for the 2008
                                                                                                                          any other applicable requirement of the                                  substantial number of small entities
                                                 8-hour ozone NAAQS is premised upon
                                                                                                                          Act.                                                                     under the Regulatory Flexibility Act (5
                                                 the 7.8 psi RVP requirements. The
                                                                                                                                                                                                   U.S.C. 601 et seq.);
                                                 revised maintenance plan is based on                                     III. Proposed Action                                                        • Does not contain any unfunded
                                                 allowing a relaxed requirement of 9.0                                                                                                             mandate or significantly or uniquely
                                                 psi RVP. EPA is proposing approval of                                      We are proposing to approve a
                                                                                                                                                                                                   affect small governments, as described
                                                 the revised maintenance plan based on                                    revision to the Louisiana SIP that would
                                                                                                                                                                                                   in the Unfunded Mandates Reform Act
                                                 information provided in the revised                                      modify the Baton Rouge area
                                                                                                                                                                                                   of 1995 (Pub. L. 104–4);
                                                 maintenance plan, modeling results and                                   maintenance plan for the 2008 8-hour                                        • Does not have Federalism
                                                 an evaluation of quality assured air                                     ozone NAAQS which demonstrates that                                      implications as specified in Executive
                                                 monitoring data previously reviewed as                                   relaxing the federal RVP requirements                                    Order 13132 (64 FR 43255, August 10,
                                                 part of the Baton Rouge Nonattainment                                    for gasoline in the Baton Rouge area                                     1999);
                                                 Area 2008 8-hour Ozone NAAQS                                             would not interfere with the area’s                                         • Is not an economically significant
                                                 Redesignation rulemaking (81 FR 95051,                                   maintenance of the 2008 8-hour ozone                                     regulatory action based on health or
                                                 December 27, 2016).                                                      NAAQS or any applicable requirement                                      safety risks subject to Executive Order
                                                    The relaxation of the RVP                                             of the CAA. We are also proposing to                                     13045 (62 FR 19885, April 23, 1997);
                                                 requirement would not impact emission                                    approve the 2022 and 2027 MVEBs                                             • Is not a significant regulatory action
                                                 levels of any pollutant except VOCs                                      included in this maintenance plan                                        subject to Executive Order 13211 (66 FR
                                                 which indirectly could impact ozone                                      revision. The Agency will respond to                                     28355, May 22, 2001);
                                                 levels. The updated inventory presented                                  Louisiana’s request to relax the federal                                    • Is not subject to requirements of
                                                 in Table 1 shows that emissions for NOX                                  RVP requirements for gasoline in the                                     section 12(d) of the National
                                                 and VOC in 2022 and 2027 remain well                                     Baton Rouge area in a separate                                           Technology Transfer and Advancement
                                                 below the levels of those emissions in                                   rulemaking.                                                              Act of 1995 (15 U.S.C. 272 note) because
                                                 2011 of the approved maintenance plan.                                                                                                            application of those requirements would
                                                                                                                          IV. Statutory and Executive Order
                                                 Because future emissions are well below                                                                                                           be inconsistent with the CAA; and
                                                                                                                          Reviews
                                                 the level of emissions that provided for                                                                                                             • Does not provide EPA with the
                                                 attainment of the 2008 ozone standard,                                     Under the CAA, the Administrator is                                    discretionary authority to address, as
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                                                 the revised plan continues to provide                                    required to approve a SIP submission                                     appropriate, disproportionate human
                                                 for maintenance of that standard. Point                                  that complies with the provisions of the                                 health or environmental effects, using
                                                 source and non-point source emissions                                    Act and applicable Federal regulations.                                  practicable and legally permissible
                                                 remain unchanged in the revised                                          42 U.S.C. 7410(k); 40 CFR 52.02(a).                                      methods, under Executive Order 12898
                                                 demonstration. On-road emission                                          Thus, in reviewing SIP submissions, the                                  (59 FR 7629, February 16, 1994).
                                                 results show that there is virtually no                                  EPA’s role is to approve state choices,                                     In addition, the SIP is not approved
                                                 change in the amount of expected NOX                                     provided that they meet the criteria of                                  to apply on any Indian reservation land
                                                 emission reductions in 2022 and 2027                                     the CAA. Accordingly, this action                                        or in any other area where EPA or an


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                                                                           Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Proposed Rules                                          16021

                                                 Indian tribe has demonstrated that a                    OAR–2018–0077 at http://                               plan is designed to keep the Troy Area
                                                 tribe has jurisdiction. In those areas of               www.regulations.gov. Follow the online                 in attainment of the 2008 lead NAAQS
                                                 Indian country, the proposed rule does                  instructions for submitting comments.                  through 2028. As explained in Section
                                                 not have tribal implications and will not               Once submitted, comments cannot be                     V, below, EPA is also proposing to
                                                 impose substantial direct costs on tribal               edited or removed from Regulations.gov.                determine that attainment can be
                                                 governments or preempt tribal law as                    EPA may publish any comment received                   maintained through 2028.
                                                 specified by Executive Order 13175 (65                  to its public docket. Do not submit                       EPA is further proposing to determine
                                                 FR 67249, November 9, 2000).                            electronically any information you                     that the Troy Area has met the
                                                                                                         consider to be Confidential Business                   requirements for redesignation under
                                                 List of Subjects in 40 CFR Part 52                                                                             section 107(d)(3)(E) of the CAA.
                                                                                                         Information (CBI) or other information
                                                   Environmental protection, Air                         whose disclosure is restricted by statute.             Accordingly, in this action, EPA is
                                                 pollution control, Incorporation by                     Multimedia submissions (audio, video,                  proposing to approve a request to
                                                 reference, Intergovernmental relations,                 etc.) must be accompanied by a written                 change the legal designation of the Troy
                                                 Nitrogen dioxide, Ozone, Volatile                       comment. The written comment is                        Area from nonattainment to attainment
                                                 organic compounds.                                      considered the official comment and                    for the 2008 lead NAAQS.
                                                    Authority: 42 U.S.C. 7401 et seq.                    should include discussion of all points                   In summary, this notice of proposed
                                                                                                         you wish to make. EPA will generally                   rulemaking is in response to Alabama’s
                                                   Dated: April 3, 2018.                                                                                        January 3, 2018, redesignation request
                                                                                                         not consider comments or comment
                                                 Anne Idsal,                                                                                                    and associated SIP submission that
                                                                                                         contents located outside of the primary
                                                 Regional Administrator, Region 6.                                                                              addresses the specific issues
                                                                                                         submission (i.e., on the web, cloud, or
                                                 [FR Doc. 2018–07678 Filed 4–12–18; 8:45 am]             other file sharing system). For                        summarized above and the necessary
                                                 BILLING CODE 6560–50–P                                  additional submission methods, the full                elements described in section
                                                                                                         EPA public comment policy,                             107(d)(3)(E) of the CAA for
                                                                                                         information about CBI or multimedia                    redesignation of the Troy Area to
                                                 ENVIRONMENTAL PROTECTION                                submissions, and general guidance on                   attainment for the 2008 lead NAAQS.
                                                 AGENCY                                                  making effective comments, please visit                II. What is the background for EPA’s
                                                 40 CFR Parts 52 and 81                                  http://www2.epa.gov/dockets/                           proposed actions?
                                                                                                         commenting-epa-dockets.                                   On November 12, 2008 (73 FR 66964),
                                                 [EPA–R04–OAR–2018–0077; FRL–9976–                       FOR FURTHER INFORMATION CONTACT:
                                                 77—Region 4]                                                                                                   EPA promulgated a revised primary and
                                                                                                         Ashten Bailey of the Air Regulatory                    secondary lead NAAQS of 0.15
                                                 Air Plan Approval and Air Quality                       Management Section, Air Planning and                   micrograms per cubic meter (mg/m3).
                                                 Designation; AL; Redesignation of the                   Implementation Branch, Air, Pesticides                 Under EPA’s regulations at 40 CFR part
                                                 Pike County Lead Nonattainment Area                     and Toxics Management Division, U.S.                   50, the 2008 lead NAAQS are met when
                                                 to Attainment                                           Environmental Protection Agency,                       the maximum arithmetic 3-month mean
                                                                                                         Region 4, 61 Forsyth Street SW, Atlanta,               concentration for a 3-year period, as
                                                 AGENCY:  Environmental Protection                       Georgia 30303–8960. Ms. Bailey may be                  determined in accordance with
                                                 Agency (EPA).                                           reached by phone at (404) 562–9164 or                  Appendix R of 40 CFR part 50, is less
                                                 ACTION: Proposed rule.                                  via electronic mail at bailey.ashten@                  than or equal to 0.15 mg/m3. See 40 CFR
                                                                                                         epa.gov.                                               50.16. Ambient air quality monitoring
                                                 SUMMARY:   On January 3, 2018, the State
                                                 of Alabama, through the Alabama                         SUPPLEMENTARY INFORMATION:                             data for the 3-year period must meet a
                                                 Department of Environmental                                                                                    data completeness requirement.
                                                                                                         I. What are the actions EPA is                            EPA designated the Troy Area as a
                                                 Management (ADEM), submitted a                          proposing to take?                                     nonattainment area for the 2008 lead
                                                 request for the Environmental
                                                                                                            EPA is proposing to take the following              NAAQS on November 22, 2010 (75 FR
                                                 Protection Agency (EPA) to redesignate
                                                                                                         three separate but related actions: (1) To             71033), effective December 31, 2010,
                                                 the Troy 2008 lead Nonattainment Area
                                                                                                         determine that the Troy Area is                        using 2007–2009 ambient air quality
                                                 (‘‘Troy Area’’ or ‘‘Area’’) to attainment
                                                                                                         attaining the 2008 lead NAAQS; (2) to                  data. This established an attainment
                                                 for the 2008 lead (Pb) National Ambient
                                                                                                         approve Alabama’s maintenance plan                     date five years after the December 31,
                                                 Air Quality Standards (NAAQS or
                                                                                                         for maintaining the 2008 lead NAAQS                    2010, effective date for the 2008 lead
                                                 standard) and to approve an associated
                                                                                                         in the Area and incorporate the plan                   nonattainment designations pursuant to
                                                 State Implementation Plan (SIP)
                                                                                                         into the SIP; and (3) to redesignate the               CAA section 172(a)(2)(A). Therefore, the
                                                 revision containing a maintenance plan.
                                                                                                         Area to attainment. The Troy Area is                   Troy Area’s attainment date was
                                                 The Troy Area is comprised of a portion
                                                                                                         comprised of the portion of Pike                       December 31, 2015.
                                                 of Pike County in Alabama surrounding                                                                             EPA’s 2008 lead nonattainment
                                                                                                         County, Alabama, bounded by a 0.8
                                                 the Sanders Lead Company facility                                                                              designation for the Area triggered an
                                                                                                         mile radius from a center point at
                                                 (Sanders Lead Facility or Facility). EPA                                                                       obligation for Alabama to develop a
                                                                                                         latitude 31.78627106 North and
                                                 is proposing to determine that the Troy                                                                        nonattainment SIP revision addressing
                                                                                                         longitude 85.97862228 West, which
                                                 Area is attaining 2008 lead NAAQS; to                                                                          certain CAA requirements under title I,
                                                                                                         fully includes the Sanders Lead Facility.
                                                 approve the SIP revision containing the                    EPA is making the preliminarily                     part D, subpart 1 (hereinafter ‘‘Subpart
                                                 State’s maintenance plan for                            determination that the Troy Area is                    1’’) and to submit that SIP revision in
                                                 maintaining attainment of the 2008 lead
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                                                                         attaining the 2008 lead NAAQS based                    accordance with the deadlines in title I,
                                                 standard; and to redesignate the Troy                   on recent air quality data, and proposing              part D, subpart 5 (hereinafter ‘‘Subpart
                                                 Area to attainment for the 2008 lead                    to approve Alabama’s maintenance plan                  5’’). Subpart 1 contains the general
                                                 NAAQS.                                                  for the Troy Area as meeting the                       requirements for nonattainment areas
                                                 DATES: Comments must be received on                     requirements of section 175A (such                     for criteria pollutants, including
                                                 or before May 14, 2018.                                 approval being one of the Clean Air Act                requirements to develop a SIP that
                                                 ADDRESSES: Submit your comments,                        (CAA or Act) criteria for redesignation                provides for the implementation of
                                                 identified by Docket ID No EPA–R04–                     to attainment status). The maintenance                 reasonably available control measures


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Document Created: 2018-04-13 00:18:07
Document Modified: 2018-04-13 00:18:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before May 14, 2018.
ContactMs. Wendy Jacques, (214) 665-7395, [email protected] To inspect the hard copy materials, please schedule an appointment with Ms. Wendy Jacques or Mr. Bill Deese at 214-665-7253.
FR Citation83 FR 16017 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone and Volatile Organic Compounds

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