[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Rules and Regulations]
[Pages 27058-27062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10832]



[[Page 27058]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-0206; FRL--9809-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Louisiana; Approval of Section 110(a)(1) Maintenance Plan for the 1997 
8-Hour Ozone Standard for the Parish of Pointe Coupee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is granting direct final approval of a revision to the 
Louisiana State Implementation Plan (SIP) concerning a maintenance plan 
addressing the 1997 8-hour ozone standard for the parish of Pointe 
Coupee. On February 28, 2007, the State of Louisiana submitted a SIP 
revision containing a maintenance plan for the 1997 ozone standard for 
Pointe Coupee Parish. This plan ensures the continued attainment of the 
1997 8-hour ozone National Ambient Air Quality Standard (NAAQS) through 
the year 2014. On March 12, 2008, EPA issued a revised ozone standard. 
Today's action, however, is being taken to address requirements under 
the 1997 ozone standard. Requirements for this area under the 2008 
standard will be addressed in future actions. This maintenance plan 
meets statutory and regulatory requirements, and is consistent with 
EPA's guidance.

DATES: This rule is effective on July 8, 2013 without further notice, 
unless EPA receives relevant adverse comment by June 10, 2013. If EPA 
receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Comments may be mailed to Mr. Guy Donaldson, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Comments may also be 
submitted electronically or through hand delivery/courier by following 
the detailed instructions in the Addresses section of the direct final 
rule located in the rules section of this Federal Register.
    Submit your comments, identified by Docket No. EPA-R06-OAR-2007-
0206, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
     Email: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please 
also send a copy by email to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are 
accepted only between the hours of 8:00 a.m. and 4:00 p.m. weekdays 
except for legal holidays. Special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2007-0206. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Planning Section 
(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, 
Dallas, Texas 75202-2733. The file will be made available by 
appointment for public inspection in the Region 6 FOIA Review Room 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an 
appointment. If possible, please make the appointment at least two 
working days in advance of your visit. There will be a 15 cent per page 
fee for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment:
    Louisiana Department of Environmental Quality, Public Records 
Center, Room 127, 602 N. Fifth Street, Baton Rouge, Louisiana 70821.

FOR FURTHER INFORMATION CONTACT: Ms. Ellen Belk or Ms. Sandra Rennie, 
Air Planning Section (6PD-L), Environmental Protection Agency, Region 
6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone 
(214) 665-2164 or (214) 665-7367; fax number 214-665-7263; email 
address belk.ellen@epa.gov or rennie.sandra@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'' 
``us'' or ``our'' is used, we mean the EPA.

Outline

I. Background
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Under section 107 of the 1977 CAA, Louisiana's Pointe Coupee Parish 
was designated as a nonattainment area because it did not meet the 
National Ambient Air Quality Standards (NAAQS) for 1-hour ozone (40 CFR 
81.319). Under the 1990 CAA Amendments, Pointe Coupee Parish was 
included as part of the Baton Rouge nonattainment area, and continued 
to be

[[Page 27059]]

designated nonattainment for the 1-hour ozone NAAQS by operation of 
law. Under these Amendments, the Baton Rouge area, which included 
Pointe Coupee, was classified as a serious 1-hour ozone nonattainment 
area, pursuant to sections 107(d) and 181(a) of the CAA Amendments (56 
FR 56694).
    On December 20, 1995, Louisiana submitted a State Implementation 
Plan (SIP) requesting that Pointe Coupee Parish be removed from the 
Baton Rouge nonattainment area and be redesignated to attainment for 
the 1-hour standard. As part of the submittal, the State provided the 
required ozone monitoring data and a maintenance plan for the Parish to 
ensure the area would remain in attainment for 1-hour ozone for a 
period of 10 years. EPA approved Louisiana's request to redesignate 
Pointe Coupee Parish to attainment for the 1-hour ozone standard and 
the maintenance plan on January 6, 1997 (62 FR 648).
    On April 30, 2004, EPA designated and classified areas for the 1997 
8-hour ozone NAAQS (69 FR 23858), and published the final Phase 1 rule 
for implementation of the 1997 ozone NAAQS (69 FR 23951). Pointe Coupee 
Parish was designated as unclassifiable/attainment for the 1997 ozone 
standard, effective June 15, 2004. The area is consequently required to 
submit a 10-year maintenance plan under section 110(a) (1) of the CAA 
and the Phase 1 rule. On May 20, 2005, EPA issued guidance providing 
information regarding how a state might fulfill the maintenance plan 
obligation established by the Act and the Phase 1 rule (Memorandum from 
Lydia N. Wegman to Air Division Directors, Maintenance Plan Guidance 
Document for Certain 8-hour Ozone Areas Under Section 110(a)(1) of 
Clean Air Act, May 20, 2005). This SIP revision satisfies the section 
110(a) (1) CAA requirements for a plan that provides for 
implementation, maintenance, and enforcement of the 1997 8-hour ozone 
NAAQS in the Pointe Coupee Parish 1997 8-hour ozone unclassifiable/
attainment area.
    On December 22, 2006, the United States Court of Appeals for the 
District of Columbia Circuit issued an opinion that vacated EPA's Phase 
1 Implementation Rule for the 1997 8-Hour Ozone Standard. (South Coast 
Air Quality Management District. v. EPA, 472 F.3d 882 (DC Cir. 2006). 
Petitions for rehearing were filed with the Court, and on June 8, 2007, 
the Court modified the scope of the vacatur of the Phase 1 rule. See 
489 F.3d 1245 (DC Cir. 2007), cert. denied, 128 S.Ct. 1065 (2008). The 
Court vacated those portions of the Rule that provide for regulation of 
the 1997 8-hour ozone NAAQS nonattainment areas under Subpart 1 in lieu 
of Subpart 2 and that allow backsliding with respect to new source 
review, penalties, milestones, contingency plans, and motor vehicle 
emission budgets. Consequently, the Court's modified ruling does not 
alter any requirements under the Phase 1 implementation rule for the 
1997 8-hour ozone NAAQS for maintenance plans.

II. Analysis of the State's Submittal

    On February 28, 2007, the State of Louisiana submitted a SIP 
revision containing a maintenance plan for the 1997 ozone NAAQS for 
Pointe Coupee Parish. This February revision provides a 1997 ozone 
NAAQS maintenance plan for the parish, as required by section 110(a)(1) 
of the CAA and the provisions of EPA's Phase 1 Implementation Rule (see 
40 CFR 51.905(a)(4)). The purpose of this plan is to ensure continued 
attainment and maintenance of the 1997 8-hour ozone NAAQS in Pointe 
Coupee Parish.
    In this action, EPA is approving the State's maintenance plan for 
the 1997 ozone NAAQS for Pointe Coupee Parish because EPA finds that 
the LDEQ submittal meets the requirements of section 110(a)(1) of the 
CAA, EPA's rule, and is consistent with EPA's guidance. As required, 
this plan provides for continued attainment and maintenance of the 1997 
ozone NAAQS in the area for 10 years from the effective date of the 
area's designation as unclassifiable/attainment for the 1997 8-hour 
ozone NAAQS, and includes components illustrating how the Parish will 
continue in attainment of the 1997 8-hour ozone NAAQS and contingency 
measures. Each of the section 110(a) (1) plan components is discussed 
below.
    (a) Attainment Inventory. The LDEQ developed comprehensive 
inventories of VOC and NOX emissions from area, stationary, 
and mobile sources using 2002 as the base year to demonstrate 
maintenance of the 1997 ozone NAAQS for Pointe Coupee Parish. The year 
2002 is an appropriate year for the LDEQ to base attainment level 
emissions because States may select any one of the three years on which 
the 8-hour attainment designation for the 1997 ozone NAAQS was based 
(2001, 2002, and 2003). The State's submittal contains detailed 
inventory data and summaries by source category. The 2002 base year 
inventory is a good choice. Using the 2002 inventory as a base year 
reflects one of the years used for calculating the air quality design 
values on which the 8-hour ozone designation decisions were based. It 
also is one of the years in the 2002-2004 period used to establish 
baseline visibility levels for the regional haze program.
    A practical reason for selecting 2002 as the base year emission 
inventory is that Section 110(a)(2)(B) of the CAA and the Consolidated 
Emissions Reporting Rule (67 FR 39602, June 10, 2002) require States to 
submit emissions inventories for all criteria pollutants and their 
precursors every three years, on a schedule that includes the emissions 
year 2002. The due date for the 2002 emissions inventory is established 
in the rule as June 2004. In accordance with these requirements, the 
State of Louisiana compiles a statewide EI for point sources on an 
annual basis. For stationary point sources, for Pointe Coupee Parish, 
the LDEQ provided estimates for each commercial or industrial operation 
that emits 100 tons or more per year of VOC or NOX in 
Appendix A of the maintenance plan. Stationary non-point source data 
was provided by E.H. Pechan & Associates, Inc., through the Central 
Regional Air Planning Association (CENRAP) using the methodology in 
``Consolidation of Emissions Inventories'', section C, page 26. On-road 
mobile emissions of VOC and NOX were estimated using EPA's 
MOBILE6.2 motor vehicle emissions factor computer model. Non-road 
mobile emissions data were derived from the ``Emission Inventory 
Development For Mobile Sources and Agricultural Dust Sources for the 
Central States'' produced by Sonoma Technology, Inc. for CENRAP in 
October 2004 using EPA's NONROAD 2004 non-road mobile emissions 
computer model. EPA finds that the LDEQ prepared the 2002 base year 
emissions inventories for the Parish consistent with EPA's long-
established guidance memoranda.
    In projecting data for the attainment year 2014 inventory, LDEQ 
used several methods to project data from the base year 2002 to the 
years 2008, 2011, and 2014. These projected inventories were developed 
using EPA-approved technologies and methodologies. Point source and 
non-point source projections were derived from the Emissions Growth 
Analysis System version 4.0 (EGAS 4.0). Non-road mobile projections 
were derived from EGAS 4.0, as well as from the National Mobile 
Inventory Model.
    The following tables provide VOC and NOX emissions data 
for the 2002 base attainment year inventory, as well as projected VOC 
and NOX emission inventory data for the years 2008, 2011, 
and 2014. Please see the Technical Support Document (TSD) for 
additional emissions inventory data including

[[Page 27060]]

projections by source category for the parish.

                      Pointe Coupee Parish VOC and NOX Emissions Inventory Baseline (2002)
                                     and Projections (2008, 2011, and 2014)
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                                                   2002 tons per   2008 tons per   2011 tons per   2014 tons per
                    Emissions                           day             day             day             day
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Total VOC.......................................            8.63            8.04            7.75            7.66
Total NOX.......................................           65.72           67.81           70.44           73.27
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    As shown in the Table, total VOC emissions are projected to 
decrease slightly, and total NOX emissions for Pointe Coupee 
Parish are projected to increase slightly over the 10-year period of 
the maintenance plan. While emission projections for VOC indicate a 
downward trend through 2014, NOX emission projections 
through 2014 show an increase of 7.55 tons per day, or approximately 
11% (from 65.72 to 73.27 tpd). This projected increase is relatively 
small considering that it occurs over a period of approximately twelve 
years from the 2002 baseline. The slightly upward trend in 
NOX emissions results primarily from projected increases in 
emissions for the point source category, although there is also 
projected to be a very small increase from the nonpoint source 
category. Emissions of NOX from non-road sources are 
projected to remain nearly the same, and emissions of NOX 
from on-road mobile sources are projected to decrease. The EGAS system 
for projecting emissions may overstate future emissions because the 
system relies principally on economic growth for the projections. 
Specifically, the future emissions from NOX point sources 
can be overstated because the projections do not include reductions 
from regulatory or permit controls. A review of emissions inventory 
trends, now available through 2008, confirms that the emission 
projections in the SIP were overstated. In fact rather than an 11% 
increase in NOX, emissions have declined by almost 40% since 
2002.
    Please see the TSD for more information on EPA's analysis and 
review of the State's methodologies, modeling data and performance, 
etc. for developing the base and attainment year inventories for the 
area. As shown in the table and discussion above, the State projected 
that the future year ozone precursor emissions will be less than or 
similar to the 2002 base attainment year's emissions. The attainment 
inventory submitted by the LDEQ for this area is consistent with the 
criteria as discussed in the EPA Maintenance Plan Guidance memo dated 
May 20, 2005, and in other guidance documents (please see the docket 
for additional information). Considering emissions projections together 
with reductions from measures not accounted for in the state's 
projections, EPA finds that the future emissions levels in 2008, 2011 
and 2014 are expected to be less than or similar to emissions levels in 
2002.
    Ambient air monitoring data entered into the National Emission 
Inventory database for 2005 and 2008 supports the above finding.
    (b) Maintenance Demonstration. The primary purpose of a maintenance 
plan is to demonstrate how an area will continue to remain in 
compliance with the 1997 ozone standard for the 10 year period 
following the effective date of designation as unclassifiable/
attainment. The end projection year is 10 years from the effective date 
of the attainment designation for the 1997 ozone NAAQS, which for 
Pointe Coupee Parish was June 15, 2004. Therefore, this plan must 
demonstrate how the area will remain in attainment through 2014. As 
discussed in section (a) Attainment Inventory above, Louisiana has 
identified the level of ozone-forming emissions in Pointe Coupee Parish 
that was consistent with attainment of the NAAQS for ozone in 2002. 
Louisiana projected VOC and NOX emissions for the years 
2008, 2011, and 2014 in Pointe Coupee Parish and finds that the future 
emissions levels in those years are projected to be similar to or below 
the emissions levels in 2002. Please see the TSD for more information 
on EPA's review and evaluation of the State's 2008, 2011, and 2014 
projected emissions inventories.
    Louisiana relies on several air quality measures that will provide 
for additional 8-hour ozone emissions reductions in Point Coupee 
Parish. These measures include the following, among others:
    (1) implementation of EPA's National Rules for VOC Emission 
Standards: for Automobile Refinish Coatings (63 FR 48806), for Consumer 
Products (63 FR 48819), and Architectural Coatings (63 FR 48848), for 
Consumer and Commercial Products Group II (Flexible Packaging Printing 
Materials, Lithographic Printing Materials, Letterpress Printing 
Materials) (71 FR 58745), for Consumer and Commercial Products Group 
III (Paper, Film, and Foil Coatings, Metal Furniture Coatings, and 
Large Appliance Coatings) (72 FR 57215), and for Consumer and 
Commercial Products Group IV (Miscellaneous Metal Products Coatings, 
Plastic Parts Coatings, Auto and Light-Duty Truck Assembly Coatings, 
Fiberglass Boat and Manufacturing Materials, and Miscellaneous 
Industrial Adhesives) (73 FR 58481);
    (2) enacting of specific requirements from EPA's Tier 2 Motor 
Vehicle Emission Standards (65 FR 6697), EPA's Heavy-Duty Engine and 
Vehicle Standards and Highway Diesel Fuel Sulfur Control Requirements 
(66 FR 5001), as well as EPA's Tier 2 Motor Vehicle Emissions Standards 
and Gasoline Sulfur Control requirements (65 FR 6697);
    (3) EPA's required control of emissions from Non-road Diesel 
Engines and Fuels (69 FR 38958); and
    (4) EPA's Locomotive and Marine Compression-Ignition Engines rule 
(73 FR 16435). The purpose of these control measures is to reduce 
levels of 8-hour ozone precursors, including the area of Pointe Coupee 
Parish, as well as to reduce transport to the Pointe Coupee Parish area 
from other areas such as Baton Rouge.
    (c) Ambient Air Quality Monitoring. The State of Louisiana 
committed in its maintenance plan to provide operation of an 
appropriate ozone monitoring network and to work with EPA in compliance 
with 40 CFR part 58 with regard to the continued adequacy of such a 
network.
    The Point Coupee Parish monitoring site monitored attainment with 
the 1997 ozone standard from 2002 through 2006. The 1997 ozone NAAQS is 
0.08 parts per million based on the three-year average of the fourth-
highest daily maximum 8-hour average ozone concentration measured at 
each monitor within an area. The 1997 ozone standard is considered to 
be attained at 84 parts per billion (ppb). In 2007 when the maintenance 
plan was submitted by

[[Page 27061]]

LDEQ, the three most recent 8-hour ozone design values based on 
certified data for the Pointe Coupee Parish site were 2003-2005. Table 
1 shows the design values before and after 2005.

 Table 1--Pointe Coupee Parish Design Values in Parts Per Billion (ppb)
------------------------------------------------------------------------
                          Year                             Design value
------------------------------------------------------------------------
2003...................................................              73
2004...................................................              76
2005...................................................              81
2006...................................................              84
2007...................................................              86
2008...................................................              83
2009...................................................              77
2010...................................................              75
2011...................................................              75
2012 (preliminary).....................................              77
------------------------------------------------------------------------

    A violation of the 1997 8-hour ozone standard in 2007 prevented us 
from approving this plan earlier. However, certified monitoring data 
now clearly show that the Parish came back into attainment in 2008 and 
continues to be in attainment of that standard. Further analysis of the 
monitoring data revealed that a 4th high exceedance in 2006 was the 
primary cause for the violation in 2007. Speciated PAMS monitoring data 
from the adjacent Baton Rouge area showed a spike in stationary source 
NOX in 2006 which is the likely cause of the exceedance in 
Pointe Coupee during 2006. Transport of emissions from the Baton Rouge 
area into Pointe Coupee Parish has been demonstrated in a number of 
studies.
    In August and September 2005, the Baton Rouge metropolitan area 
(which includes Pointe Coupee) absorbed an estimated 75,000 evacuees 
from Hurricane Katrina. Upwards of 15,000 of those remained in Baton 
Rouge through 2006. Increased demands on power generating facilities, 
and Baton Rouge area refineries compensating for other area refining 
facilities that were shut down or operating at reduced capacity are 
likely sources of the stationary source NOX increase. For 
these reasons, we are considering the 2007 violation an anomaly and 
proposing approval of this maintenance plan. See the TSD for this 
action for a more comprehensive discussion of this anomalous violation.
    (d) Contingency Plan. The section 110(a)(1) maintenance plans 
include contingency provisions to correct promptly any violation of the 
1997 ozone NAAQS that occurs. The contingency indicator for the Pointe 
Coupee Parish maintenance plan is based upon monitoring data. The 
triggering mechanism for activation of contingency measures is a 
violation of the 1997 ozone standard.\1\ In this maintenance plan, if 
contingency measures are triggered, LDEQ is committing to implement the 
appropriate measures as expeditiously as practicable, but no later than 
24 months following the trigger.
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    \1\ A violation is deemed to have occurred upon the date of 
EPA's certification of the monitoring data. EPA certified the 2007 
data in July 2008. The State's contingency measures plan provides 
that if there is a violation, then the appropriate control measures 
to bring Pointe Coupee back into attainment must be implemented no 
later than 24 months, i.e., July 2010. In order to understand the 
source of the 2007 ozone violation in the Parish, EPA reviewed the 
conditions and found that the higher ozone days in Pointe Coupee 
Parish are due to ozone concentrations or pre-cursors coming 
primarily from outside of the Parish. Of the twelve days in which 
there was an exceedance in 2005-2007, eleven show significant 
influence coming from outside the parish. For ten of the days, the 
trajectories show influence from the industrial area of Baton Rouge 
(southeast of Pointe Coupee), and for one of the days the trajectory 
goes through West and East Feliciana (northeast of Pointe Coupee) 
The twelfth exceedance was not high enough to be included in the 
design value calculation. In the docket, see the map entitled, 
``Analysis of High Ozone Concentrations in Pointe Coupee Parish, 
LA.'' Pointe Coupee's 2008 monitoring data had no exceedances, and 
the design value for 2008 is below the 1997 8-hour ozone standard. 
EPA certified the 2008 data in January 2009.
---------------------------------------------------------------------------

    The following contingency measures are identified for 
implementation: (1) Lowering VOC RACT applicability thresholds for 
Stage 1 gasoline controls, (2) NOX controls on major sources 
(100 tpy and greater), (3) Emission offsets for permits (1.10 ratio for 
VOC and NOX), and (4) Other measures deemed appropriate at 
the time as a result of advances in control technologies. These 
contingency measures and schedules for implementation satisfy EPA's 
long-standing guidance on the requirements of section 110(a)(1) of 
continued attainment. Continued attainment of the 1997 ozone NAAQS in 
the area of Pointe Coupee Parish will depend, in part, on the air 
quality measures discussed previously (see II. (b) above). In addition, 
Louisiana commits to verify the 8-hour ozone status of the areas air 
quality through appropriate ambient air quality monitoring, and to 
quality assure air quality monitoring data according to federal 
requirements.

III. Final Action

    Pursuant to section 110 of the Act, EPA grants direct final 
approval of the 1997 8-hour ozone maintenance plan for Pointe Coupee 
Parish, which was submitted by LDEQ on February 28, 2007, which ensures 
continued attainment of the 1997 8-hour ozone NAAQS through the year 
2014. We evaluated the State's submittal and determine that it meets 
the applicable requirements of the Clean Air Act and EPA regulations, 
and is consistent with EPA policy.
    EPA is publishing this Rule without prior proposal because we view 
this as a non-controversial action and anticipate no adverse comments. 
However, in the proposed rules section of this Federal Register 
publication, we are publishing a separate document that will serve as 
the proposal to approve the SIP revision if relevant adverse comments 
are received. This rule will be effective on July 8, 2013 without 
further notice unless we receive adverse comment by June 10, 2013. If 
we receive adverse comments, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. We will address all public comments in a subsequent final rule 
based on the proposed rule. We will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
now. Please note that if we receive adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, we may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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);

[[Page 27062]]

     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. section 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 8, 2013. 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, Ozone, Nitrogen dioxides, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: April 24, 2013.
Ron Curry,
Regional Administrator, Region 6.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart T--Louisiana

0
2. In Sec.  52.970, the second table in paragraph (e) entitled, ``EPA 
APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY 
MEASURES'', is amended by adding one new entry to the end of the table 
to read as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (e) * * *
* * * * *

                                      EPA-Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                State
       Name of SIP provision        Applicable geographic  submittal date/            EPA Approval date                         Explanation
                                    or nonattainment area  effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
1997 8-Hour Ozone Section 110       Pointe Coupee Parish,       2/28/2007  5/9/2013..............................  .....................................
 Maintenance Plan.                   LA.                                   [Insert FR page number where document
                                                                            begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------



0
3. Section 52.975 is amended by adding paragraph (l) to read as 
follows:


Sec.  52.975  Redesignations and maintenance plans; ozone.

* * * * *
    (l) Approval. The Louisiana Department of Environmental Quality 
(LDEQ) submitted a 1997 8-hour ozone NAAQS maintenance plan for the 
area of Pointe Coupee Parish on February 28, 2007. The area is 
designated unclassifiable/attainment for the 1997 8-hour ozone 
standard. EPA determined this request for Pointe Coupee Parish was 
complete on May 2, 2007. The maintenance plan meets the requirements of 
section 110(a)(1) of the Clean Air Act, and is consistent with EPA's 
maintenance plan guidance document dated May 20, 2005. The EPA 
therefore approved the 1997 8-hour ozone NAAQS maintenance plan for the 
area of Pointe Coupee Parish on May 9, 2013.
[FR Doc. 2013-10832 Filed 5-8-13; 8:45 am]
BILLING CODE 6560-50-P