[Federal Register Volume 62, Number 85 (Friday, May 2, 1997)]
[Rules and Regulations]
[Pages 24036-24038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11159]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[LA-38-1-7322; FRL-5814-3]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; State of Louisiana; 
Approval of the Maintenance Plan for Calcasieu Parish; Redesignation of 
Calcasieu Parish to Attainment for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On February 6, 1997, EPA published a notice of proposed 
rulemaking discussing its decision to approve a revision to the 
Louisiana State Implementation Plan (SIP) to redesignate Calcasieu 
Parish to attainment for ozone. See Federal Register (62 FR 5555). No 
adverse comments were received during the 30-day comment period. This 
rule finalizes EPA's decision to approve the redesignation of Calcasieu 
Parish, Louisiana to attainment for ozone.

EFFECTIVE DATE: This action is effective on June 2, 1997.

ADDRESSES: Copies of the State's request and other information relevant 
to this action are available for inspection during normal hours at the 
following locations:

Environmental Protection Agency, Region 6, Air Planning Section (6PD-
L), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
Air and Radiation Docket and Information Center, Environmental 
Protection Agency, 401 M Street, S.W., Washington, D.C. 20460.
Louisiana Department of Environmental Quality, Office of Air Quality, 
7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810.

    Anyone wishing to review this document at the EPA office is asked 
to contact the person below to schedule an appointment 24 hours in 
advance.

FOR FURTHER INFORMATION CONTACT: Lt. Mick Cote, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202-2733, telephone (214) 665-7219.

SUPPLEMENTARY INFORMATION: The specific rationale EPA used to approve 
the redesignation of Calcasieu Parish to attainment for ozone was 
explained in the proposed rulemaking and will not be restated here. 
This rule announces EPA's final action regarding approval of the 
redesignation request.

I. Final Rulemaking Action

    In this final action EPA is promulgating a revision to the 
Louisiana SIP and the Code of Federal Regulations, parts 52 and 81, to

[[Page 24037]]

redesignate the Calcasieu Parish to attainment for ozone. This 
redesignation request was submitted by the Governor to EPA by letter 
dated December 20, 1995.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

II. Administrative Requirements

A. Executive Order (E.O.) 12866

    This action has been classified as a table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. See 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    The SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act (Act) do not create any new requirements but simply 
approve requirements that the State is already imposing. Therefore, 
because the Federal SIP approval does not impose any new requirements, 
I certify that it does not have a significant impact on any small 
entities affected. Moreover, due to the nature of the Federal-State 
relationship under the Act, preparation of a flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of State 
action. The Act forbids EPA to base its actions concerning SIPs on such 
grounds. See Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 
(1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, EPA must prepare a budgetary impact 
statement to accompany any proposed or final rule that includes a 
Federal mandate that may result in estimated costs to State, local, or 
tribal governments in the aggregate; or to private sector, of $100 
million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives 
of the rule and is consistent with statutory requirements. Section 203 
requires EPA to establish a plan for informing and advising any small 
governments that may be significantly or uniquely impacted by the rule.
    The EPA has determined that the approval action promulgated does 
not include a Federal mandate that may result in estimated costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action approves 
preexisting requirements under State or local law, and imposes no new 
Federal requirements. Accordingly, no additional costs to State, local, 
or tribal governments, or to the private sector, result from this 
action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 1, 1997. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. See section 307(b)(2) of the Act.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental regulations, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: April 10, 1997.
Jerry Clifford,
Acting Regional Administrator.

    40 CFR Parts 52 and 81 are amended as follows:

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart T--Louisiana

    2. Section 52.970 is amended by adding paragraph (c)(73) to read as 
follows:


Sec. 52.970  Identification of plan.

* * * * *
    (c) * * *
    (73) The Louisiana Department of Environmental Quality submitted a 
redesignation request and maintenance plan for Calcasieu Parish on 
December 20, 1995. The redesignation request and maintenance plan meet 
the redesignation requirements in section 107(d)(3)(E) of the Act. The 
redesignation meets the Federal requirements of section 182(a)(1) of 
the Act as a revision to the Louisiana ozone State Implementation Plan 
for Calcasieu Parish. The EPA therefore approved the request for 
redesignation to attainment with respect to ozone for Calcasieu Parish 
on June 2, 1997.
    (i) Incorporation by reference. Letter dated December 20, 1995, 
from Governor Edwin E. Edwards of Louisiana to Ms. Jane Saginaw, 
Regional Administrator, transmitting a copy of the Calcasieu Parish 
maintenance plan and requesting the redesignation of Calcasieu Parish 
to attainment for ozone.
    (ii) Additional material. The ten year ozone maintenance plan, 
including emissions projections and contingency measures, submitted to 
EPA as part of the Calcasieu Parish redesignation request on December 
20, 1995.
    3. Section 52.975 is amended by adding paragraph (e) to read as 
follows:

[[Page 24038]]

Sec. 52.975  Redesignations and maintenance plans: ozone.

* * * * *
    (e) Approval--The Louisiana Department of Environmental Quality 
submitted a redesignation request and maintenance plan for Calcasieu 
Parish on December 20, 1995. The redesignation request and maintenance 
plan meet the redesignation requirements in section 107(d)(3)(E) of the 
Act. The redesignation meets the Federal requirements of section 
182(a)(1) of the Act as a revision to the Louisiana ozone State 
Implementation Plan for Calcasieu Parish. The EPA therefore approved 
the request for redesignation to attainment with respect to ozone for 
Calcasieu Parish on June 2, 1997.

PART 81--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

    2. In Sec. 81.319, the ozone table is amended by revising the entry 
for Calcasieu Parish under ``Lake Charles Area'' to read as follows:


Sec. 81.319  Louisiana.

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                                                Louisiana--Ozone                                                
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                                                             Designation                        Classification  
            Designated area            -------------------------------------------------------------------------
                                                 Date \1\                     Type              Date      Type  
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*                  *                  *                  *                  *                  *                
                                                        *                                                       
Lake Charles Area Calcasieu Parish....  June 2, 1997.............  Attainment...............  ........  ........
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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\1\ This date is November 15, 1990, unless otherwise note.                                                      

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[FR Doc. 97-11159 Filed 5-1-97; 8:45 am]
BILLING CODE 6560-50-P