83 FR 24226 - 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 102 (May 25, 2018)

Page Range		24226-24227
FR Document		2018-11217

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving a Louisiana State Implementation Plan (SIP) revision revising the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS) maintenance plan for the five-parish Baton Rouge area. The revised maintenance plan allows for relaxation of the Federal Reid Vapor Pressure (RVP) requirements in the Baton Rouge area. EPA has determined that 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 102 (Friday, May 25, 2018)

[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Rules and Regulations]
[Pages 24226-24227]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11217]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0111; FRL-9978-44--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: Final rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving a Louisiana State 
Implementation Plan (SIP) revision revising the 2008 8-hour ozone 
National Ambient Air Quality Standard (NAAQS) maintenance plan for the 
five-parish Baton Rouge area. The revised maintenance plan allows for 
relaxation of the Federal Reid Vapor Pressure (RVP) requirements in the 
Baton Rouge area. EPA has determined that relaxation of the RVP 
requirement would not interfere with attainment or maintenance of the 
NAAQS or with any other CAA requirement.

DATES: This rule is effective on June 25, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2018-0111. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

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

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

I. Background

    The background for this action is discussed in detail in our April 
13, 2018 proposal (83 FR 16017). In that document we proposed to (1) 
approve a revision to the 2008 8-hour ozone NAAQS maintenance plan for 
the Baton Rouge area (Ascension, East Baton Rouge, Iberville, 
Livingston, and West Baton Rouge Parishes) and (2) determine that 
relaxation of the RVP requirement in the maintenance plan would not 
interfere with the attainment or maintenance of the NAAQS or with any 
other CAA requirement. While we did not receive any relevant adverse 
comments regarding our proposal, we did receive a letter of support 
from the Louisiana Mid-Continent Oil and Gas Association, and a comment 
letter from U.S. Senators John Kennedy and Bill Cassidy and U.S. 
Representative Garrett Graves requesting that we act expeditiously to 
finalize our proposed approval of the SIP revision. As stated in our 
proposed rule, we found the State's submission meets all applicable CAA 
requirements, thus we are finalizing the approval of this SIP revision 
as proposed.

II. Final Action

    We are approving the January 31, 2018 revision to the 2008 8-hour 
ozone NAAQS maintenance plan for the five-parish Baton Rouge area. We 
have determined that relaxation of the RVP requirement in the 
maintenance plan will not interfere with the attainment or maintenance 
of the NAAQS or with any other CAA requirement. This action is being 
taken under section 110 of the Act.

III. 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 approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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

[[Page 24227]]

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 Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 24, 2018. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: May 21, 2018.
Anne Idsal,
Regional Administrator, Region 6.

    Title 40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart T--Louisiana

0
2. In Sec.  52.970(e), the second table titled ``EPA Approved Louisiana 
Nonregulatory Provisions and Quasi-Regulatory Measures'' is amended by 
adding an entry at the end for ``2008 8-hour Ozone NAAQS Revised 
Maintenance Plan'' to read as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (e) * * *

                  EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                                            State
                                        Applicable        submittal/
      Name of SIP provision            geographic or      effective     EPA approval date        Explanation
                                    nonattainment area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2008 8-hour Ozone NAAQS Revised    Baton Rouge Area....    1/31/2018  5/25/2018, [Insert    ....................
 Maintenance Plan.                                                     Federal Register
                                                                       citation].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-11217 Filed 5-24-18; 8:45 am]
BILLING CODE 6560-50-P

24226 Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Rules and Regulations

EPA-APPROVED RHODE ISLAND REGULATIONS—Continued
EPA approval
State citation Title/subject State effective date Explanations
date

* * * * * * *

* * * * * (e) * * *

RHODE ISLAND NON REGULATORY
Name of non regulatory SIP Applicable geographic or State submittal date/ EPA approved date Explanations
provision nonattainment area effective date

* * * * * * *
I/M SIP Narrative ................ Statewide ........................... Submitted 2/17/2017 ........ 5/25/2018, [insert Federal Narrative describing how
Register citation]. the Rhode Island I/M
program meets the re-
quirements in the fed-
eral I/M rule.

[FR Doc. 2018–11201 Filed 5–24–18; 8:45 am] e.g., Confidential Business Information State’s submission meets all applicable
BILLING CODE 6560–50–P or other information whose disclosure is CAA requirements, thus we are
restricted by statute. Certain other finalizing the approval of this SIP
material, such as copyrighted material, revision as proposed.
ENVIRONMENTAL PROTECTION is not placed on the internet and will be
AGENCY II. Final Action
publicly available only in hard copy
form. Publicly available docket We are approving the January 31,
40 CFR Part 52 materials are available either 2018 revision to the 2008 8-hour ozone
[EPA–R06–OAR–2018–0111; FRL–9978– electronically through http:// NAAQS maintenance plan for the five-
44—Region 6] www.regulations.gov or in hard copy at parish Baton Rouge area. We have
the EPA Region 6, 1445 Ross Avenue, determined that relaxation of the RVP
Approval and Promulgation of Suite 700, Dallas, Texas 75202–2733. requirement in the maintenance plan
Implementation Plans; Louisiana; 2008 FOR FURTHER INFORMATION CONTACT:
will not interfere with the attainment or
8-Hour Ozone Maintenance Plan Wendy Jacques, 214–665–7395, maintenance of the NAAQS or with any
Revision for Baton Rouge jacques.wendy@epa.gov. other CAA requirement. This action is
being taken under section 110 of the
AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: Act.
Agency (EPA). Throughout this document ‘‘we,’’ ‘‘us,’’
ACTION: Final rule. and ‘‘our’’ means the EPA. III. Statutory and Executive Order
Reviews
SUMMARY: Pursuant to the Federal Clean I. Background
Under the CAA, the Administrator is
Air Act (CAA or the Act), the The background for this action is required to approve a SIP submission
Environmental Protection Agency (EPA) discussed in detail in our April 13, 2018 that complies with the provisions of the
is approving a Louisiana State proposal (83 FR 16017). In that Act and applicable Federal regulations.
Implementation Plan (SIP) revision document we proposed to (1) approve a 42 U.S.C. 7410(k); 40 CFR 52.02(a).
revising the 2008 8-hour ozone National revision to the 2008 8-hour ozone Thus, in reviewing SIP submissions, the
Ambient Air Quality Standard (NAAQS) NAAQS maintenance plan for the Baton EPA’s role is to approve state choices,
maintenance plan for the five-parish Rouge area (Ascension, East Baton provided that they meet the criteria of
Baton Rouge area. The revised Rouge, Iberville, Livingston, and West the CAA. Accordingly, this action
maintenance plan allows for relaxation Baton Rouge Parishes) and (2) determine merely approves state law as meeting
of the Federal Reid Vapor Pressure that relaxation of the RVP requirement Federal requirements and does not
(RVP) requirements in the Baton Rouge in the maintenance plan would not impose additional requirements beyond
area. EPA has determined that interfere with the attainment or those imposed by state law. For that
relaxation of the RVP requirement maintenance of the NAAQS or with any reason, this action:
would not interfere with attainment or other CAA requirement. While we did • Is not a ‘‘significant regulatory
maintenance of the NAAQS or with any not receive any relevant adverse action’’ subject to review by the Office
other CAA requirement. comments regarding our proposal, we of Management and Budget under
DATES: This rule is effective on June 25, did receive a letter of support from the Executive Orders 12866 (58 FR 51735,
2018. Louisiana Mid-Continent Oil and Gas October 4, 1993) and 13563 (76 FR 3821,
ADDRESSES: The EPA has established a Association, and a comment letter from January 21, 2011);
amozie on DSK3GDR082PROD with RULES

docket for this action under Docket ID U.S. Senators John Kennedy and Bill • Is not an Executive Order 13771 (82
No. EPA–R06–OAR–2018–0111. All Cassidy and U.S. Representative Garrett FR 9339, February 2, 2017) regulatory
documents in the docket are listed on Graves requesting that we act action because SIP approvals are
the http://www.regulations.gov website. expeditiously to finalize our proposed exempted under Executive Order 12866;
Although listed in the index, some approval of the SIP revision. As stated • Does not impose an information
information is not publicly available, in our proposed rule, we found the collection burden under the provisions

VerDate Sep<11>2014 16:28 May 24, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1

$Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Rules and Regulations 24227 of the Paperwork Reduction Act (44 tribe has jurisdiction. In those areas of not be challenged later in proceedings to U.S.C. 3501 et seq.); Indian country, the rule does not have enforce its requirements. (See section • Is certified as not having a tribal implications and will not impose 307(b)(2).) significant economic impact on a substantial direct costs on tribal List of Subjects in 40 CFR Part 52 substantial number of small entities governments or preempt tribal law as under the Regulatory Flexibility Act (5 specified by Executive Order 13175 (65 Environmental protection, Air U.S.C. 601 et seq.); FR 67249, November 9, 2000). pollution control, Incorporation by • Does not contain any unfunded The Congressional Review Act, 5 reference, Intergovernmental relations, mandate or significantly or uniquely U.S.C. 801 et seq., as added by the Small Nitrogen dioxide, Ozone, Reporting and affect small governments, as described Business Regulatory Enforcement recordkeeping requirements, Volatile in the Unfunded Mandates Reform Act Fairness Act of 1996, generally provides organic compounds. of 1995 (Pub. L. 104–4); that before a rule may take effect, the • Does not have Federalism agency promulgating the rule must Dated: May 21, 2018. implications as specified in Executive submit a rule report, which includes a Anne Idsal, Order 13132 (64 FR 43255, August 10, copy of the rule, to each House of the Regional Administrator, Region 6. 1999); Congress and to the Comptroller General • Is not an economically significant of the United States. EPA will submit a Title 40 CFR part 52 is amended as regulatory action based on health or report containing this action and other follows: safety risks subject to Executive Order required information to the U.S. Senate, PART 52—APPROVAL AND 13045 (62 FR 19885, April 23, 1997); the U.S. House of Representatives, and PROMULGATION OF • Is not a significant regulatory action the Comptroller General of the United IMPLEMENTATION PLANS subject to Executive Order 13211 (66 FR States prior to publication of the rule in 28355, May 22, 2001); the Federal Register. A major rule • Is not subject to requirements of cannot take effect until 60 days after it ■ 1. The authority citation for part 52 section 12(d) of the National is published in the Federal Register. continues to read as follows: Technology Transfer and Advancement This action is not a ‘‘major rule’’ as Authority: 42 U.S.C. 7401 et seq. Act of 1995 (15 U.S.C. 272 note) because defined by 5 U.S.C. 804(2). application of those requirements would Under section 307(b)(1) of the Clean Subpart T—Louisiana be inconsistent with the CAA; and Air Act, petitions for judicial review of • Does not provide EPA with the this action must be filed in the United ■ 2. In § 52.970(e), the second table discretionary authority to address, as States Court of Appeals for the titled ‘‘EPA Approved Louisiana appropriate, disproportionate human appropriate circuit by July 24, 2018. Nonregulatory Provisions and Quasi- health or environmental effects, using Filing a petition for reconsideration by Regulatory Measures’’ is amended by practicable and legally permissible the Administrator of this final rule does adding an entry at the end for ‘‘2008 8- methods, under Executive Order 12898 not affect the finality of this action for hour Ozone NAAQS Revised (59 FR 7629, February 16, 1994). the purposes of judicial review nor does Maintenance Plan’’ to read as follows: In addition, the SIP is not approved it extend the time within which a § 52.970 Identification of plan. to apply on any Indian reservation land petition for judicial review may be filed, or in any other area where EPA or an and shall not postpone the effectiveness * * * * * Indian tribe has demonstrated that a of such rule or action. This action may (e) * * * EPA APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES State Applicable geographic or submittal/ Name of SIP provision EPA approval date Explanation nonattainment area effective date * * * * * * * 2008 8-hour Ozone NAAQS Revised Baton Rouge Area ............ 1/31/2018 5/25/2018, [Insert Federal Maintenance Plan. Register citation]. [FR Doc. 2018–11217 Filed 5–24–18; 8:45 am] BILLING CODE 6560–50–P amozie on DSK3GDR082PROD with RULES VerDate Sep<11>2014 16:28 May 24, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1$

Document Created: 2018-05-25 02:13:00
Document Modified: 2018-05-25 02:13:00

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective on June 25, 2018.
Contact		Wendy Jacques, 214-665-7395, [email protected]
FR Citation		83 FR 24226
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds