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Federal Register / Vol. 73, No.

57 / Monday, March 24, 2008 / Rules and Regulations 15411

during the calendar year. Under these facts, r6coment.htm. Please click on ‘‘6PD’’ some information is not publicly
X is a common paymaster for S and X with (Multimedia) and select ‘‘Air’’ before available, e.g., CBI or other information
respect to B. Assuming that the other submitting comments. whose disclosure is restricted by statute.
requirements of this section are met, the • E-mail: Mr. Guy Donaldson at Certain other material, such as
amount of the tax liability under sections donaldson.guy@epa.gov. Please also
3102 and 3111 is determined as if X were B’s
copyrighted material, will be publicly
only employer for the calendar quarter.
send a copy by e-mail to the person available only in hard copy. Publicly
listed in the FOR FURTHER INFORMATION available docket materials are available
* * * * * CONTACT section below. either electronically in
(c) * * * • Fax: Mr. Guy Donaldson, Chief, Air
(2) * * * www.regulations.gov or in hard copy at
Planning Section (6PD–L), at fax the Air Planning Section (6PD–L),
(iii) [Reserved]. For further guidance,
number 214–665–7263. Environmental Protection Agency, 1445
see § 31.3121(s)–1T(c)(2)(iii). • Mail: Mr. Guy Donaldson, Chief, Ross Avenue, Suite 700, Dallas, Texas
* * * * * Air Planning Section (6PD–L), 75202–2733. The file will be made
[FR Doc. 08–55507 Filed 3–21–08; 8:45 am] Environmental Protection Agency, 1445 available by appointment for public
BILLING CODE 1505–01–D Ross Avenue, Suite 1200, Dallas, Texas inspection in the Region 6 FOIA Review
75202–2733. Room between the hours of 8:30 a.m.
• Hand or Courier Delivery: Mr. Guy and 4:30 p.m. weekdays except for legal
ENVIRONMENTAL PROTECTION Donaldson, Chief, Air Planning Section holidays. Contact the person listed in
AGENCY (6PD–L), Environmental Protection the FOR FURTHER INFORMATION CONTACT
Agency, 1445 Ross Avenue, Suite 1200, paragraph below or Mr. Bill Deese at
40 CFR Part 52 Dallas, Texas 75202–2733. Such 214–665–7253 to make an appointment.
deliveries are accepted only between the If possible, please make the
[EPA–R06–OAR–2006–0871; FRL–8545–2]
hours of 8 a.m. and 4 p.m. weekdays appointment at least two working days
Approval and Promulgation of Air except for legal holidays. Special in advance of your visit. There will be
Quality Implementation Plans; arrangements should be made for a 15 cent per page fee for making
Louisiana; Approval of 8-Hour Ozone deliveries of boxed information. photocopies of documents. On the day
Section 110(a)(1) Maintenance Plans Instructions: Direct your comments to of the visit, please check in at the EPA
for the Parishes of Lafayette and Docket ID No. EPA–R06–OAR–2006–
Region 6 reception area at 1445 Ross
Lafourche 0871. EPA’s policy is that all comments
Avenue, Suite 700, Dallas, Texas.
received will be included in the public The State submittal is also available
AGENCY: Environmental Protection docket without change and may be for public inspection at the State Air
Agency (EPA). made available online at Agency listed below during official
ACTION: Direct final rule. www.regulations.gov, including any business hours by appointment:
personal information provided, unless Louisiana Department of Environmental
SUMMARY: EPA is approving revisions to the comment includes information
the Louisiana State Implementation Quality, Public Records Center, Room
claimed to be Confidential Business
Plan (SIP) concerning the 8-hour ozone 127, 602 N. Fifth Street, Baton Rouge,
Information (CBI) or other information
maintenance plans for the parishes of Louisiana 70821.
whose disclosure is restricted by statute.
Lafayette and Lafourche. On October 13, FOR FURTHER INFORMATION CONTACT: Paul
Do not submit information that you
2006 and December 19, 2006, the State consider to be CBI or otherwise Kaspar, Air Planning Section (6PD–L),
of Louisiana submitted maintenance protected through www.regulations.gov Environmental Protection Agency,
plans for Lafayette and Lafourche or e-mail. The www.regulations.gov Web Region 6, 1445 Ross Avenue, Suite 700,
Parishes, respectively, which ensure site is an ‘‘anonymous access’’ system, Dallas, Texas 75202–2733, telephone
continued attainment of the 8-hour which means EPA will not know your (214) 665–7459; fax number 214–665–
ozone National Ambient Air Quality identity or contact information unless 7263; e-mail address
Standard (NAAQS) through the year you provide it in the body of your kaspar.paul@epa.gov.
2014. These maintenance plans meet the comment. If you send an e-mail SUPPLEMENTARY INFORMATION:
statutory and regulatory requirements, comment directly to EPA without going Throughout this document, whenever
and are consistent with EPA’s guidance. through www.regulations.gov your e- ‘‘we’’ ‘‘us’’ or ‘‘our’’ is used, we mean
EPA is approving the revisions pursuant mail address will be automatically the EPA.
to section 110 of the Federal Clean Air captured and included as part of the Outline
Act (CAA). comment that is placed in the public
I. Background
DATES: This rule is effective on May 23, docket and made available on the II. Analysis of the State’s Submittals
2008 without further notice, unless EPA Internet. If you submit an electronic III. Final Action
receives relevant adverse comment by comment, EPA recommends that you IV. Statutory and Executive Order Reviews
April 23, 2008. If EPA receives such include your name and other contact
comment, EPA will publish a timely information in the body of your I. Background
withdrawal in the Federal Register comment and with any disk or CD–ROM Under section 107 of the 1977 CAA,
informing the public that this rule will you submit. If EPA cannot read your Louisiana’s Lafayette and Lafourche
not take effect. comment due to technical difficulties Parishes were designated as
ADDRESSES: Submit your comments, and cannot contact you for clarification, nonattainment areas because they did
identified by Docket No. EPA–R06– EPA may not be able to consider your not meet the National Ambient Air
OAR–2006–0871, by one of the comment. Electronic files should avoid Quality Standards (NAAQS) for 1-hour
following methods: the use of special characters, any form ozone (40 CFR 81.319). As required by
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• Federal eRulemaking Portal: http:// of encryption, and be free of any defects section 110 of the CAA, the state of
www.regulations.gov. Follow the on-line or viruses. Louisiana submitted a SIP to EPA on
instructions for submitting comments. Docket: All documents in the docket December 10, 1979. EPA approved this
• EPA Region 6 ‘‘Contact Us’’ Web are listed in the www.regulations.gov SIP on October 29, 1981 (46 FR 53412).
site: http://epa.gov/region6/ index. Although listed in the index, Under the 1990 CAA Amendments, the

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15412 Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Rules and Regulations

Lafayette and Lafourche Parish from the years 2000 and 2001, and no submitted maintenance plans for the
nonattainment areas continued to be violations of the 0.12 ppm 1-hour ozone Parishes of Lafayette and Lafourche,
designated nonattainment for the 1-hour standard occurred in these additional respectively. These October and
ozone NAAQS by operation of law since years. Since the data satisfied the December revisions provide 8-hour
Louisiana had not yet collected the regulatory requirements of no more than ozone maintenance plans for the two
required three years of data necessary to one exceedance per annual monitoring parishes named above, as required by
petition for redesignation to attainment. period, EPA approved Louisiana’s section 110(a)(1) of the CAA and the
On May 25, 1993 and November 18, request to redesignate Lafourche Parish provisions of EPA’s Phase 1
1994, Louisiana submitted requests to to attainment on December 26, 2001 (66 Implementation Rule (see 40 CFR
redesignate Lafayette and Lafourche FR 66317), with an effective date of 51.905(a)(4)). The purpose of these
Parishes, respectively, to attainment for February 25, 2002. plans is to ensure continued attainment
the 1-hour ozone standard. At the same On April 30, 2004, EPA designated and maintenance of the NAAQS for 8-
time, the State submitted the required and classified areas for the new 8-hour hour ozone in Lafayette and Lafourche
ozone monitoring data and maintenance ozone NAAQS (69 FR 23858), and Parishes.
plans for each parish (each area published the final phase 1 rule for In this action, EPA is approving the
includes only the one Parish) to ensure implementation of the 8-hour ozone State’s 8-hour ozone maintenance plans
the areas would remain in attainment NAAQS (69 FR 23951). Lafayette and for the Lafayette and Lafourche Parish
for 1-hour ozone for a period of 10 Lafourche Parishes were designated as areas because EPA finds that the LDEQ
years. The maintenance plans submitted unclassifiable/attainment for the 8-hour submittals meet the requirements of
by Louisiana followed EPA guidance for ozone standard, effective June 15, 2004. section 110(a)(1) of the CAA, EPA’s rule,
limited maintenance areas, which The two attainment areas consequently and is consistent with EPA’s guidance.
provides for 1-hour ozone areas that were required to submit a 10-year As required, these plans provide for
have design values less than 85% of the maintenance plan under section continued attainment and maintenance
applicable standard. In this case, the 110(a)(1) of the CAA and the Phase 1 of the 8-hour ozone NAAQS in these
applicable standard was the 1-hour rule. On May 20, 2005, EPA issued areas for 10 years from the effective date
ozone standard of 0.12 parts per million guidance providing information of the area’s designation as
(ppm). At the time of the redesignation regarding how a state might fulfill the unclassifiable/attainment for the 8-hour
request, the design values for Lafayette maintenance plan obligation established ozone NAAQS, and include components
and Lafourche Parishes were 0.102 ppm by the Act and the Rule (Memorandum illustrating how each Parish will
and 0.098 ppm, respectively, and below from Lydia N. Wegman to Air Division continue in attainment of the 8-hour
the 85% threshold of 0.106 ppm. Directors, Maintenance Plan Guidance ozone NAAQS and contingency
Due to several approvability issues Document for Certain 8-Hour Ozone measures. Each of the section 110(a)(1)
that existed with the Lafayette Parish Areas Under Section 110(a)(1) of Clean plan components is discussed below.
maintenance plan and redesignation Air Act, May 20, 2005). These SIP (a) Attainment Inventory. The LDEQ
request, the state submitted a revised revisions satisfy the section 110(a)(1) developed comprehensive inventories of
maintenance plan and redesignation CAA requirements for a plan that volatile organic compound (VOC) and
request to EPA on October 14, 1994. provides for implementation, nitrogen oxide (NOX) emissions from
EPA approved Louisiana’s request to maintenance, and enforcement of the 8- area, stationary, and mobile sources
redesignate Lafayette Parish to hour ozone NAAQS in the Lafayette and using 2002 as the base year to
attainment for the 1-hour ozone Lafourche Parish 8-hour ozone demonstrate maintenance of the 8-hour
standard and approved the Parish’s unclassifiable/attainment areas. ozone NAAQS for Lafayette and
maintenance plan on August 18, 1995 On December 22, 2006, the United Lafourche Parishes. The year 2002 is an
(60 FR 43020), with an effective date of States Court of Appeals for the District appropriate year for the LDEQ to base
October 17, 1995. of Columbia Circuit issued an opinion attainment level emissions because
EPA originally approved Louisiana’s that vacated EPA’s Phase 1 States may select any one of the three
request to redesignate Lafourche Parish Implementation Rule for the 8-hour years on which the 8-hour attainment
to attainment for the 1-hour ozone Ozone Standard. (South Coast Air designation was based (2001, 2002, and
standard and approved the Parish’s Quality Management District. v. EPA, 2003). The State’s submittals contain the
maintenance plan on August 18, 1995 472 F.3d 882 (D.C.Cir. 2006)). Petitions detailed inventory data and summaries
(60 FR 43020). However, before the for rehearing were filed with the Court, by source category. The 2002 base year
redesignation to attainment was and on June 8, 2007, the Court modified inventory is a good choice. Using the
effective, a violation of the 1-hour ozone the scope of the vacatur of the Phase 1 2002 inventory as a base year reflects
standard was recorded at a Lafourche rule. The Court vacated those portions one of the years used for calculating the
Parish ozone monitoring station. On of the Rule that provide for regulation air quality design values on which the
December 5, 1997, EPA corrected the of 8-hour ozone nonattainment areas 8-hour ozone designation decisions
designation for Lafourche Parish to under Subpart 1 in lieu of Subpart 2 and were based. It also is one of the years
nonattainment for the 1-hour ozone that allow backsliding with respect to in the 2002–2004 period used to
standard (62 FR 64284) but left the new source review, penalties, establish baseline visibility levels for
Parish’s maintenance plan approved on milestones, contingency plans, and the regional haze program.
August 18, 1995 in place. On August 9, motor vehicle emission budgets. A practical reason for selecting 2002
2000, the Louisiana Department of Consequently, the Court’s modified as the base year emission inventory is
Environmental Quality (LDEQ) again ruling does not alter any requirements that Section 110(a)(2)(B) of the CAA and
requested to redesignate Lafourche under the Phase 1 8-hour ozone the Consolidated Emissions Reporting
Parish to attainment for the 1-hour implementation rule for maintenance Rule (67 FR 39602, June 10, 2002)
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ozone standard by submitting data plans. require States to submit emissions


indicating the 1-hour ozone standard inventories for all criteria pollutants and
had been achieved for the period of II. Analysis of the State’s Submittals their precursors every three years, on a
January 1, 1997 through December 31, On October 13, 2006 and December schedule that includes the emissions
1999. EPA also evaluated the ozone data 19, 2006, the State of Louisiana year 2002. The due date for the 2002

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Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Rules and Regulations 15413

emissions inventory was established in and NOX were estimated using EPA’s 2014. These projected inventories were
the rule as June 2004. In accordance MOBILE6.2 motor vehicle emissions developed using EPA-approved
with these requirements, the State of factor computer model. Non-road technologies and methodologies. Point
Louisiana compiles a statewide mobile emissions data were derived source and non-point source projections
emissions inventory for point sources from the ‘‘Emission Inventory were derived from the Emissions
on an annual basis. For stationary point Development For Mobile Sources and Growth Analysis System version 4.0
sources in Lafayette and Lafourche Agricultural Dust Sources for the (EGAS 4.0). Non-road mobile
Parishes, the LDEQ provided estimates Central States’’ produced by Sonoma projections were derived from EGAS
for each commercial or industrial Technology, Inc. for CENRAP in 4.0, as well as from the National Mobile
operation that emits 100 tons or more October 2004 using EPA’s NONROAD Inventory Model.
per year of VOC or 100 tons or more per 2004 non-road mobile emissions The following tables provide VOC and
year of NOX in Appendix A of each computer model. EPA finds that the NOX emissions data for the 2002 base
maintenance plan. Stationary non-point LDEQ prepared the 2002 base year attainment year inventory, as well as
source data was provided by E.H. emissions inventories for the two projected VOC and NOX emission
Pechan & Associates, Inc., through the Parishes consistent with EPA’s long- inventory data for the years 2008, 2011,
Central Regional Air Planning established guidance memoranda. and 2014. Please see the Technical
Association (CENRAP) using the In projecting data for the attainment Support Document (TSD) for additional
methodology in ‘‘Consolidation of year 2014 inventory, LDEQ used several emissions inventory data including
Emissions Inventories’’, section C, page methods to project data from the base projections by source category for each
26. On-road mobile emissions of VOC year 2002 to the years 2008, 2011, and parish.

LAFAYETTE PARISH
[VOC and NOX Emissions Inventory Baseline (2002) and Projections (2008, 2011, and 2014)]

2002 2008 2011 2014


Emissions source tons per day tons per day tons per day tons per day

Total VOC ................................................................................................ 27.23 22.24 20.79 19.75


Total NOX ................................................................................................ 29.38 24.18 22.74 21.22

As shown in the table above, total decrease over the 10-year period of the
VOC and total NOX emissions for maintenance plan.
Lafayette Parish are projected to

LAFOURCHE PARISH
[VOC and NOX Emissions Inventory Baseline (2002) and Projections (2008, 2011, and 2014)]

2002 2008 2011 2014


Emissions source tons per day tons per day tons per day tons per day

Total VOC ................................................................................................ 24.20 20.61 19.08 17.95


Total NOX ................................................................................................ 14.24 13.06 12.51 12.06

As shown in the table above, total (b) Maintenance Demonstration. The NOX in those years are expected to be
VOC and total NOX emissions for primary purpose of a maintenance plan below the emissions levels in 2002.
Lafourche Parish are projected to is to demonstrate how an area will Please see the TSD for more information
decrease over the 10-year period of the continue to remain in compliance with on EPA’s review and evaluation of the
maintenance plan. the 8-hour ozone standard for the 10- State’s 2008, 2011, and 2014 projected
Please see the TSD for more year period following the effective date emissions inventories.
information on EPA’s analysis and of designation as unclassifiable/ Louisiana relies on several air quality
review of the State’s methodologies, attainment. The end projection year is measures that will provide for
modeling data and performance, etc. for 10 years from the effective date of the additional 8-hour ozone emissions
developing the base and attainment year attainment designation, which for reductions in Lafayette and Lafourche
inventories. As shown in the tables Lafayette and Lafourche Parishes was Parishes. These measures include the
above, the State has demonstrated that June 15, 2004. Therefore, these plans following, among others: (1)
the future year 8-hour ozone emissions must demonstrate attainment through Implementation of EPA’s National Rule
will be less than the 2002 base 2014. As discussed in section (a) for VOC Emission Standards for
attainment year’s emissions. The Attainment Inventory above, Louisiana Automobile Refinish Coatings (63 FR
attainment inventories submitted by the has identified the level of ozone-forming 48806), Consumer Products (63 FR
LDEQ for these areas are consistent with emissions in Lafayette and Lafourche 48819), and Architectural Coatings (63
the criteria as discussed in the EPA Parishes that were consistent with FR 48848), (2) enacting of specific
Maintenance Plan Guidance memo attainment of the NAAQS for ozone in requirements from EPA’s Tier 2 Motor
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dated May 20, 2005. EPA finds that the 2002. Louisiana has projected VOC and Vehicle Emission Standards (65 FR
future emissions levels in 2008, 2011 NOX emissions for the years 2008, 2011, 6697), EPA’s Heavy-Duty Engine and
and 2014 for total VOC and total NOX and 2014 in Lafayette and Lafourche Vehicle Standards (66 FR 5002), as well
are expected to be less than the Parishes and EPA finds that the future as EPA’s gasoline and highway diesel
emissions levels in 2002. emissions levels for total VOC and total fuel sulfur control requirements (66 FR

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15414 Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Rules and Regulations

5002), (3) EPA’s required control of (AQS) for the current Lafayette of section 110(a)(1) for continued
emissions from non-road diesel engines monitoring site, the annual fourth attainment. Continued attainment of the
and fuels (69 FR 38958), and (4) highest daily maximum values are 84 8-hour ozone NAAQS in the areas of
implementation of the Federal Clean Air ppb for 2006 and 73 ppb for 2007 based Lafayette and Lafourche Parishes will
Interstate Rule (CAIR) (70 FR 25162). on preliminary data from the January depend, in part, on the air quality
The purpose of these control measures 2007 through September 2007 measures discussed previously (see II
is to reduce levels of 8-hour ozone, timeframe. Based on the NAAQS (b) above). The State will continue to
including the areas of Lafayette and standard discussed above, each of the operate an appropriate, EPA-approved,
Lafourche Parishes. design values for Lafayette Parish is ambient ozone monitoring site in
As an additional demonstration of considered to be in attainment of the 8- Lafayette and Lafourche Parish to verify
maintenance, Louisiana references the hour ozone NAAQS and demonstrates continued attainment of the 8-hour
EPA modeling conducted for CAIR, in that Lafayette Parish is expected to ozone NAAQS. The air monitoring
the maintenance plan submittals. continue attainment of the 8-hour ozone results will reveal changes in the
Louisiana is a state that must implement NAAQS. ambient air quality as well as assist the
CAIR, and the EPA CAIR modeling The Lafourche monitoring site, which State in determining whether or not
indicates that all Louisiana parishes will was relocated at the end of 1999 to its implementation of any contingency
be in attainment with the 8-hour ozone current location, has monitored measures is necessary. The state will
standard by 2010, with continued attainment with the 8-hour ozone continue to work with the EPA through
attainment projected through 2015. This standard since 2001. The three most the air monitoring network review
analysis is consistent with the recent 8-hour ozone design values at the process, as required by 40 CFR Part 58,
projections discussed above in (a) time of December 2006 submission of to determine: (1) The adequacy of the
Attainment Inventory. the maintenance plan for Lafourche ozone monitoring network; (2) if
(c) Ambient Air Quality Monitoring. Parish were 78 ppb for 2003, 76 ppb for additional monitoring is needed; and (3)
The State of Louisiana has committed in 2004, and 79 ppb for 2005. Based upon when monitoring can be discontinued.
its maintenance plans for Lafayette and the most recent data available in AQS Air monitoring data will continue to be
Lafourche Parishes to continue for the Lafourche monitoring site, the quality assured according to federal
operation of an appropriate, EPA- design value for 2006 was 80 ppb and requirements.
approved, ozone monitoring network a preliminary design value for 2007 is
and to work with EPA in compliance 79 ppb based on data from the January III. Final Action
with 40 CFR Part 58 with regard to the 2007 through September 2007 Pursuant to section 110 of the Act,
continued adequacy of the network, if timeframe. Based on the NAAQS EPA is approving the 8-hour ozone
additional monitoring is needed, and standard discussed above, each of these maintenance plans for Lafayette and
when monitoring can be discontinued. design values for Lafourche Parish is Lafourche Parishes, which were
The 8-hour ozone NAAQS is 0.08 ppm considered to be in attainment of the 8- submitted by LDEQ on October 13,
based on the three-year average of the hour NAAQS and further demonstrates 2006, and December 19, 2006,
fourth-highest daily maximum 8-hour that Lafourche Parish is expected to respectively, which ensure continued
average ozone concentration measured continue attainment of the 8-hour ozone attainment of the 8-hour ozone NAAQS
at each monitor within an area. The NAAQS. through the year 2014. We have
standard is considered to be attained at (d) Contingency Plan. The section evaluated the State’s submittals and
84 parts per billion (ppb). 110(a)(1) maintenance plans include have determined that they meet the
The Lafayette monitoring site has contingency provisions to promptly applicable requirements of the Clean Air
monitored attainment with the 8-hour correct any violation of the NAAQS that Act and EPA regulations, and are
ozone standard since 1998. The three occurs. The contingency indicator for consistent with EPA policy.
most recent 8-hour ozone design values the Lafayette and Lafourche Parish EPA is publishing this rule without
at the time of the October 2006 maintenance plans is based upon prior proposal because we view this as
submission of the maintenance plan for monitoring. The triggering mechanism a non-controversial amendment and
Lafayette Parish were 78 ppb for 2003, for activation of contingency measures anticipate no adverse comments.
79 ppb for 2004, and 82 ppb for 2005. is a monitoring violation of the 8-hour However, in the proposed rules section
Due to issues with the lease agreement ozone standard and analysis of data to of this Federal Register publication, we
at the monitoring site location, the determine the cause of the violation. In are publishing a separate document that
Lafayette monitoring site location was these maintenance plans, if contingency will serve as the proposal to approve the
relocated to its current location on the measures are triggered, LDEQ is SIP revision if relevant adverse
campus of Louisiana State University. committing to implement the measures comments are received. This rule will
Sampling started at the current location as expeditiously as practicable, but no be effective on May 23, 2008, without
on December 12, 2005, for the beginning longer than 24 months following the further notice unless we receive adverse
of the 2006 ozone season. (The ozone trigger. comment by April 23, 2008. If we
season in the State of Louisiana is from The following contingency measures receive adverse comments, we will
January to December for the Parishes are identified for implementation: (1) publish a timely withdrawal in the
discussed in this notice.) Since the 8- Lowering VOC RACT applicability Federal Register informing the public
hour ozone design value is based on a thresholds for Stage 1 gasoline controls, that the rule will not take effect. We will
three-year average of the fourth-highest (2) NOX controls on major sources (100 address all public comments in a
daily maximum 8-hour average ozone tpy and greater), (3) Emission offsets for subsequent final rule based on the
concentration, the first available design permits (1.10 ratio for VOC and NOX), proposed rule. We will not institute a
value for the current monitoring and (4) Other measures deemed second comment period on this action.
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location will be available once three appropriate at the time as a result of Any parties interested in commenting
ozone monitoring seasons (2006, 2007 advances in control technologies. These must do so now. Please note that if we
and 2008) have been completed. contingency measures and schedules for receive adverse comment on an
According to the most recent data implementation satisfy EPA’s long- amendment, paragraph, or section of
available in EPA’s Air Quality System standing guidance on the requirements this rule and if that provision may be

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Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Rules and Regulations 15415

severed from the remainder of the rule, responsibilities among the various is published in the Federal Register.
we may adopt as final those provisions levels of government, as specified in This action is not a ‘‘major rule’’ as
of the rule that are not the subject of an Executive Order 13132 (64 FR 43255, defined by 5 U.S.C. 804(2).
adverse comment. August 10, 1999). This action merely Under section 307(b)(1) of the CAA,
approves a state rule implementing a petitions for judicial review of this
IV. Statutory and Executive Order
Federal standard, and does not alter the action must be filed in the United States
Reviews
relationship or the distribution of power Court of Appeals for the appropriate
Under Executive Order 12866 (58 FR and responsibilities established in the circuit by May 23, 2008. Filing a
51735, October 4, 1993), this action is CAA. This rule also is not subject to petition for reconsideration by the
not a ‘‘significant regulatory action’’ and Executive Order 13045 ‘‘Protection of Administrator of this final rule does not
therefore is not subject to review by the Children from Environmental Health affect the finality of this rule for the
Office of Management and Budget. For Risks and Safety Risks’’ (62 FR 19885, purposes of judicial review nor does it
this reason, this action is also not April 23, 1997), because it is not extend the time within which a petition
subject to Executive Order 13211, economically significant. for judicial review may be filed, and
‘‘Actions Concerning Regulations That In reviewing SIP submissions, EPA’s shall not postpone the effectiveness of
Significantly Affect Energy Supply, role is to approve state choices, such rule or action. This action may not
Distribution, or Use’’ (66 FR 28355, May provided that they meet the criteria of be challenged later in proceedings to
22, 2001). This action merely approves the Clean Air Act. In this context, in the enforce its requirements. (See section
state law as meeting Federal absence of a prior existing requirement 307(b)(2).)
requirements and imposes no additional for the State to use voluntary consensus
requirements beyond those imposed by standards (VCS), EPA has no authority List of Subjects in 40 CFR Part 52
state law. Accordingly, the to disapprove a SIP submission for Environmental protection, Air
Administrator certifies that this rule failure to use VCS. It would thus be pollution control, Incorporation by
will not have a significant economic inconsistent with applicable law for reference, Intergovernmental relations,
impact on a substantial number of small EPA, when it reviews a SIP submission, Nitrogen dioxides, Ozone, Reporting
entities under the Regulatory Flexibility to use VCS in place of a SIP submission and recordkeeping requirements,
Act (5 U.S.C. 601 et seq.). Because this that otherwise satisfies the provisions of
rule approves pre-existing requirements Volatile organic compounds.
the CAA. Thus, the requirements of
under state law and does not impose section 12(d) of the National Dated: March 6, 2008.
any additional enforceable duty beyond Technology Transfer and Advancement Lawrence E. Starfield,
that required by state law, it does not Act of 1995 (15 U.S.C. 272 note) do not Acting Regional Administrator, Region 6.
contain any unfunded mandate or apply. This rule does not impose an ■ 40 CFR part 52 is amended as follows:
significantly or uniquely affect small information collection burden under the
governments, as described in the provisions of the Paperwork Reduction PART 52—[AMENDED]
Unfunded Mandates Reform Act of 1995 Act of 1995 (44 U.S.C. 3501 et seq.).
(Pub. L. 104–4). The Congressional Review Act, 5 ■ 1. The authority citation for part 52
This rule also does not have tribal U.S.C. 801 et seq., as added by the Small continues to read as follows:
implications because it will not have a Business Regulatory Enforcement Authority: 42 U.S.C. 7401 et seq.
substantial direct effect on one or more Fairness Act of 1996, generally provides
Indian tribes, on the relationship that before a rule may take effect, the Subpart T—Louisiana
between the Federal Government and agency promulgating the rule must
Indian tribes, or on the distribution of submit a rule report, which includes a ■ 2. In § 52.970, the table in paragraph
power and responsibilities between the copy of the rule, to each House of the (e) entitled, ‘‘EPA APPROVED
Federal Government and Indian tribes, Congress and to the Comptroller General LOUISIANA NONREGULATORY
as specified by Executive Order 13175 of the United States. EPA will submit a PROVISIONS AND QUASI-
(65 FR 67249, November 9, 2000). This report containing this rule and other REGULATORY MEASURES’’, is
action also does not have Federalism required information to the U.S. Senate, amended by adding two new entries to
implications because it does not have the U.S. House of Representatives, and the end of the table as follows:
substantial direct effects on the States, the Comptroller General of the United
on the relationship between the national States prior to publication of the rule in § 52.970 Identification of plan.
government and the States, or on the the Federal Register. A major rule * * * * *
distribution of power and cannot take effect until 60 days after it (e) * * *

EPA-APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES


State submittal
Applicable geographic or
Name of SIP provision date/effective EPA approval date Explanation
nonattainment area date

* * * * * * *
8-Hour Ozone Section 110 Mainte- Lafayette Parish, LA ....................... 10/13/06 March 24, 2008 [Insert FR page
nance Plan. number where document begins].
8-Hour Ozone Section 110 Mainte- Lafourche Parish, LA ...................... 12/19/06 March 24, 2008 [Insert FR page
nance Plan. number where document begins].
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15416 Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Rules and Regulations

■ 3. Section 52.975, entitled, ENVIRONMENTAL PROTECTION requirement for the entire state by
‘‘Redesignations and maintenance AGENCY September 15, 2006. The RACT
plans; ozone’’, is amended by adding a requirement applies to all areas within
new paragraph (i) as follows: 40 CFR Part 52 the Ozone Transport Region, regardless
[EPA–HQ–OAR–2008–0072; FRL–8545–5] of the area’s designation for the 1997
§ 52.975 Redesignations and maintenance 8-hour ozone standard. Some states
plans; ozone. Finding of Failure To Submit State have not yet submitted SIPs to satisfy
* * * * * Implementation Plans Required for the these requirements. The EPA is by this
(i) Approval. The Louisiana 1997 8-Hour Ozone NAAQS action making a finding of failure to
Department of Environmental Quality submit for those nonattainment areas
AGENCY: Environmental Protection and OTR areas that have not made the
(LDEQ) submitted 8-hour ozone Agency (EPA). required SIP submission(s). If EPA has
maintenance plans for the Lafayette and ACTION: Final Rule. not affirmatively found that the state has
Lafourche Parish areas on October 13,
SUMMARY: The EPA is taking a final submitted the required plan or plans
2006 and December 19, 2006,
action finding that several states have within 18 months, the offset sanction
respectively. The two areas are applies in the area. If within 6
designated unclassifiable/attainment for failed to submit State Implementation
Plans (SIPs) to satisfy certain additional months EPA has still not
the 8-hour ozone standard. EPA affirmatively determined that the state
determined these requests for Lafayette requirements of the Clean Air Act (CAA)
for the 1997 8-hour ozone National has submitted the required plan, the
and Lafourche Parishes were complete highway funding sanction applies in an
Ambient Air Quality Standards
on November 30, 2006 and May 2, 2007, area if it is designated nonattainment.
(NAAQS). Under the CAA and EPA’s
respectively. These maintenance plans implementing regulations, states with No later than 2 years after EPA makes
meet the requirements of section nonattainment areas classified as the finding, EPA must promulgate a
110(a)(1) of the Clean Air Act, and are moderate, serious, severe or extreme Federal Implementation Plan if the state
consistent with EPA’s maintenance plan were required to submit by June 15, has not submitted and EPA has not
guidance document dated May 20, 2005. 2007, SIPs: Demonstrating how each approved the required SIP.
The EPA therefore approved the 8-hour nonattainment area would attain the DATES: Effective Date: This action is
ozone maintenance plans for the 1997 8-hour ozone standard as effective on March 24, 2008.
Lafayette and Lafourche Parish areas on expeditiously as practicable but no later FOR FURTHER INFORMATION CONTACT:
March 24, 2008. than the applicable dates established in General questions concerning this
[FR Doc. E8–5800 Filed 3–21–08; 8:45 am] the implementing regulations; and
notice should be addressed to Mr. Butch
demonstrating reasonable further
BILLING CODE 6560–50–P Stackhouse, Office of Air Quality
progress (RFP). Additionally, states
Planning and Standards, Air Quality
were required by September 15, 2006, to
Policy Division, Mail Code: C504–2, 109
submit for these same areas SIPs
TW Alexander Drive, Research Triangle
demonstrating that sources specified
Park, NC 27709; telephone (919) 541–
under the CAA were subject to
5208.
reasonably available control technology
requirements (RACT). States that are SUPPLEMENTARY INFORMATION: For
part of the Ozone Transport Region questions related to a specific state
(OTR) were required to submit SIPs to please contact the appropriate regional
meet the 1997 8-hour ozone RACT office:

Regional offices States

Dave Conroy, Branch Chief, Air Programs Branch, EPA New England, Maine, New Hampshire, Rhode Island, and Vermont.
I Congress Street, Suite 1100, Boston, MA 02203–2211.
Raymond Werner, Chief, Air Programs Branch, EPA Region II, 290 New York.
Broadway, 25th Floor, New York, NY 10007–1866.
Christina Fernandez, Acting Branch Chief, Air Quality Planning Branch, Virginia.
EPA Region III, 1650 Arch Street, Philadelphia, PA 19103–2187.
Jay Bortzer, Chief, Air Programs Branch, EPA Region V, 77 West Illinois, Indiana, Ohio, and Wisconsin.
Jackson Street, Chicago, IL 60604.
Dave Jesson, Air Planning Office, EPA Region IX, 75 Hawthorne California.
Street, San Francisco, CA 94105.

Table of Contents A. Notice and Comment Under the I. Executive Order 13045: Protection of
I. Background Administrative Procedures Act Children from Environmental Health and
A. Statutory Requirements B. Effective Date Under the Administrative Safety Risks
B. Consequences of Findings of Failure to Procedures Act J. Executive Order 13211: Actions That
Submit C. Executive Order 12866: Regulatory Significantly Affect Energy Supply,
II. This Action Planning and Review Distribution, or Use
A. Clean Air Determination Areas D. Paperwork Reduction Act K. Executive Order 12898: Federal Actions
Receiving a Finding of Failure to Submit E. Regulatory Flexibility Act (RFA) to Address Environmental Justice in
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B. OTR Attainment Areas Receiving a F. Unfunded Mandates Reform Act Minority Populations and Low-Income
Finding of Failure to Submit G. Executive Order 13132: Federalism Populations
C. Finding of Failure to Submit RFP Plans H. Executive Order 13175: Consultation L. National Technology Transfer
in California and Coordination with Indian Tribal Advancement Act
III. Statutory and Executive Order Reviews Governments M. Congressional Review Act

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