[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Rules and Regulations]               
[Page 59518-59523]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc08-17]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-0659; FRL-8727-2]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Louisiana; Approval of Section 110(a)(1) Maintenance Plans for the 1997 
8-Hour Ozone Standard for the Parishes of Calcasieu and St. James

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Louisiana State 
Implementation Plan (SIP) concerning maintenance plans addressing the 
1997 8-hour ozone standard for the parishes of Calcasieu and St. James. 
On July 20, 2007, and August 24, 2007, the State of Louisiana submitted 
separate SIP revisions containing maintenance plans for the 1997 ozone 
standard for Calcasieu and St. James Parishes, respectively. These 
plans ensure 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 these areas under the 2008 standard will be addressed 
in future actions. These maintenance plans meet the statutory and 
regulatory requirements, and are consistent with EPA's guidance. EPA is 
approving the revisions pursuant to section 110 of the Federal Clean 
Air Act (CAA).

DATES: This rule is effective on December 8, 2008 without further 
notice, unless EPA receives relevant adverse comment by November 10, 
2008. 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: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-0659, 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.
     E-mail: 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 a.m. and 4 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-
2007-0659. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://
www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail 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 http://
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

[[Page 59519]]

materials are available either electronically in http://
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: Ellen Belk, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 
700, Dallas, Texas 75202-2733, telephone (214) 665-2164; fax number 
214-665-7263; e-mail address belk.ellen@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 Submittals
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Under section 107 of the 1977 CAA, Louisiana's Calcasieu and St. 
James Parishes were designated as nonattainment areas because they did 
not meet the National Ambient Air Quality Standards (NAAQS) for 1-hour 
ozone (40 CFR 81.319). Under the 1990 CAA Amendments, the Calcasieu and 
St. James Parish nonattainment areas continued to be designated 
nonattainment for the 1-hour ozone NAAQS by operation of law since 
Louisiana had not yet collected the required three years of data 
necessary to petition for redesignation to attainment.
    In two separate submittals in the mid-1990's, Louisiana submitted 
requests to redesignate Calcasieu Parish and St. James Parish to 
attainment for the 1-hour ozone standard. As part of each submittal, 
the State provided the required ozone monitoring data and maintenance 
plan for each parish (each area includes only the one Parish) to ensure 
the areas would remain in attainment for 1-hour ozone for a period of 
10 years. EPA approved Louisiana's requests to redesignate these 
Parishes to attainment for the 1-hour ozone standard and approved the 
maintenance plan on May 2, 1997 (62 FR 24036), with an effective date 
of June 2, 1997.
    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). Calcasieu and 
St. James Parishes were designated as unclassifiable/attainment for the 
1997 ozone standard, effective June 15, 2004. Consequently, both of 
these attainment areas were 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 Calcasieu and St. 
James Parish unclassifiable/attainment areas.
    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 (D.C. 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 (D.C. 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 Submittals

    On July 20, 2007, and August 24, 2007, the State of Louisiana 
submitted separate SIP revisions containing maintenance plans for the 
1997 ozone NAAQS for Calcasieu and St. James Parishes. These July and 
August revisions provide 1997 ozone NAAQS maintenance plans for the two 
parishes named above, 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 these plans is to ensure continued 
attainment and maintenance of the 1997 ozone NAAQS in Calcasieu and St. 
James Parishes.
    In this action, EPA is approving the State's maintenance plans for 
the 1997 ozone NAAQS for the areas of Calcasieu and St. James Parishes 
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, these plans provide 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 ozone NAAQS, and include components illustrating how each 
Parish will continue in attainment of the 1997 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 Calcasieu and St. James 
Parishes. 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 submittals 
contain the 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)

[[Page 59520]]

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 
Calcasieu and St. James Parishes, 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 each 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 two Parishes 
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 projections by source 
category for each parish.

     Calcasieu Parish VOC and NOX Emissions Inventory Baseline (2002) and Projections (2008, 2011, and 2014)
                                                 [Tons per day]
----------------------------------------------------------------------------------------------------------------
                          Emissions                               2002         2008         2011         2014
----------------------------------------------------------------------------------------------------------------
Total VOC...................................................        49.59        48.40        48.56        48.93
Total NOX...................................................       133.35       133.18       135.99       138.94
----------------------------------------------------------------------------------------------------------------

    As shown in the Table, total VOC and total NOX emissions 
for Calcasieu Parish are projected to decrease slightly, and increase 
slightly, respectively, 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 5.59 tons per day, or approximately 4 percent (from 133.35 
to 138.94 tpd). This projected increase is relatively small considering 
that it occurs over a period of approximately twelve (as from the 2002 
baseline) years. The slightly upward trend in NOX emissions 
results from projected increases in emissions for the point and non-
point source categories. The EGAS system for projecting emissions tends 
to overstate future emissions since the system relies principally on 
economic growth for the projections. Specifically, the projected future 
emissions from NOX point sources is overstated because the 
projections do not include reductions from regulatory or permit 
controls, or account for reductions from consent decrees. The control 
measures contained in rules for point and non-point stationary sources, 
which were not included in the EGAS program, which was used to project 
emissions for Calcasieu Parish, are expected to fully offset the slight 
increase in NOX in Calcasieu Parish which was projected 
without the controls. Emissions of NOX from non-road mobile 
and on-road mobile sources are projected to decrease.

     St. James Parish VOC and NOX Emissions Inventory Baseline (2002) and Projections (2008, 2011, and 2014)
                                                 [Tons per day]
----------------------------------------------------------------------------------------------------------------
                          Emissions                               2002         2008         2011         2014
----------------------------------------------------------------------------------------------------------------
Total VOC...................................................         7.81         7.90         8.09         8.28
Total NOX...................................................        38.83        40.74        42.02        42.98
----------------------------------------------------------------------------------------------------------------

    As shown in the table above, total VOC and total NOX 
emissions for St. James Parish are both projected to increase slightly 
over the 10-year period of the maintenance plan. Emission projections 
for VOC indicate an increase of 0.47 tons through 2014, which is an 
increase of approximately 6 percent (from 7.81 to 8.28 tpd). The 
slightly upward trend in VOC emissions results primarily from the point 
source category, although there is also projected to be a very small 
increase from the nonpoint source category. VOC emissions from nonroad 
mobile and onroad mobile sources are projected to decrease. For 
NOX, emission projections through 2014 show an increase of 
4.15 tons per day, or approximately 10 percent (from 38.83 to 42.98 
tpd). These projected increases are relatively small considering that 
they occur over a period of approximately twelve (as from the 2002 
baseline) years. The slightly upward trend in NOX emissions 
results from projected increases in emissions for the point and non-
road mobile source categories. One will note that the absolute number 
of tons per day for both VOC and NOX is very small, making 
any change (either an increase or a decrease) appear more pronounced 
when it is calculated as a percentage. In absolute terms, these are de 
minimis increases. Additionally, Louisiana's projections for the total 
NOX emissions in 2014 did not

[[Page 59521]]

take into account regulatory controls which will reduce actual VOC and 
NOX emissions from point and stationary non-point (area) 
sources, as well as non-road mobile sources. National rules which were 
not included in the growth estimates include EPA's rules for VOC 
emission standards for Consumer and Commercial Products and EPA's 
Locomotive and Marine Compression-Ignition Engines rule. Also, a 
consent decree which includes a large refinery in the area that was not 
accounted for in the projections is expected to further reduce actual 
VOC and NOX emissions.
    EPA is aware that a company has applied for a permit with the LDEQ 
to construct a large facility in St. James. We do not want to prejudge 
whether the permit will be issued, but the proposed emissions in the 
company's permit application for this facility: (1) Are large relative 
to this rural area's emissions (as noted above, the absolute number of 
tons per day for both VOC and NOX is very small in this 
area), (2) ordinarily would not be accounted for using the EPA's 
methodologies for growth estimates in a maintenance plan, and (3) could 
potentially impact the Baton Rouge ozone nonattainment area. The 
company, however, will have to satisfy the Prevention of Significant 
Deterioration (PSD) SIP permitting requirements by demonstrating that 
this facility will not interfere with maintenance in St. James and will 
not contribute to nonattainment in the Baton Rouge area. With this 
safeguard, we believe continued maintenance in the St. James Parish 
will be protected.
    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 
two areas. As shown in the tables and discussion above, the State has 
demonstrated that the future year ozone precursor emissions will be 
less than or similar to the 2002 base attainment year's emissions. The 
attainment inventories submitted by the LDEQ for these areas are 
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.
    (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 
Calcasieu and St. James Parishes was June 15, 2004. Therefore, these 
plans must demonstrate attainment through 2014. As discussed in section 
(a) Attainment Inventory above, Louisiana has identified the level of 
ozone-forming emissions in Calcasieu and St. James Parishes that were 
consistent with attainment of the NAAQS for ozone in 2002. Louisiana 
has projected VOC and NOX emissions for the years 2008, 
2011, and 2014 in Calcasieu and St. James Parishes and EPA finds that 
the future emissions levels in those years are expected 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 Calcasieu and St. 
James Parishes. 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 (to be published in the fall of 2008); (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, including the areas of Calcasieu and St. James Parishes.
    (c) Ambient Air Quality Monitoring. The State of Louisiana has 
committed in its maintenance plans for Calcasieu and St. James Parishes 
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 Convent monitoring site in St. James Parish has monitored 
attainment with the 1997 ozone standard from 2002 through 2007. 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). At 
the time the maintenance plan was submitted by LDEQ, the three most 
recent 8-hour ozone design values for the Convent site in St. James 
Parish are 73 ppb for 2003, 73 ppb for 2004, and 76 ppb for 2005. Also, 
the design value for St. James Parish for 2006 is 76 ppb, and the 
design value for 2007 is 77 ppb.
    In Calcasieu Parish there are three monitoring sites, each of which 
has monitored attainment with the 1997 ozone standard from 2002 through 
2005. At the time the maintenance plan was submitted by LDEQ, the three 
most recent 8-hour ozone design values for Calcasieu Parish are 78 ppb 
for 2003, 80 ppb for 2004, and 83 ppb for 2005. Also, the design value 
for Calcasieu Parish for 2006 is 82 ppb, and the design value for 2007 
is 81 ppb.
    (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 
Calcasieu and St. James Parish maintenance plans is based upon 
monitoring data. The triggering mechanism for activation of contingency 
measures is a monitoring violation of the 1997 ozone standard. In these 
maintenance plans, if contingency measures are triggered, LDEQ is 
committing to implement the measures as expeditiously as practicable, 
but no longer than 24 months following the trigger.
    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

[[Page 59522]]

attainment. Continued attainment of the 1997 ozone NAAQS in the areas 
of Calcasieu and St. James Parishes 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 in each maintenance 
plan 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 is approving the 1997 8-
hour ozone maintenance plans for Calcasieu and St. James Parishes, 
which were submitted by LDEQ on July 20, 2007 and August 24, 2007, 
respectively, which ensure continued attainment of the 1997 8-hour 
ozone NAAQS through the year 2014. We have evaluated the State's 
submittals and have determined that they meet 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 amendment 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 December 8, 2008 
without further notice unless we receive adverse comment by November 
10, 2008. 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);
     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. 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 December 8, 2008. 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: September 29, 2008.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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 table in paragraph (e) entitled, ``EPA APPROVED 
LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES'', is 
amended by adding two new entries to the end of the table as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (e) * * *

[[Page 59523]]



                  EPA-Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                        Applicable           State
      Name of SIP provision           geographic or     submittal date/  EPA approval date       Explanation
                                    nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
1997 8-Hour Ozone Section 110      Calcasieu Parish            7/20/07  10/09/08 [Insert FR  ...................
 Maintenance Plan.                  (Lake Charles                        page number where
                                    Area), LA.                           document begins].
1997 8-Hour Ozone Section 110      St. James Parish,           8/24/07  10/09/08 [Insert FR  ...................
 Maintenance Plan.                  LA.                                  page number where
                                                                         document begins].
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.975, entitled, ``Redesignations and maintenance plans; 
ozone'', is amended by adding a new paragraph (j) as follows:


Sec.  52.975  Redesignations and maintenance plans; ozone.

* * * * *
    (j) Approval. The Louisiana Department of Environmental Quality 
(LDEQ) submitted 1997 8-hour ozone NAAQS maintenance plans for the 
areas of Calcasieu and St. James Parishes on July 20, 2007, and August 
24, 2007, respectively. The two areas are designated unclassifiable/
attainment for the 1997 8-hour ozone standard. EPA determined these 
requests for Calcasieu and St. James Parishes were complete on October 
5, 2007, and October 16, 2007, respectively. The maintenance plans meet 
the requirements of section 110(a)(1) of the Clean Air Act, and are 
consistent with EPA's maintenance plan guidance document dated May 20, 
2005. The EPA therefore approved the 1997 8-hour ozone NAAQS 
maintenance plans for the areas of Calcasieu and St. James Parishes on 
October 9, 2008.
* * * * *

 [FR Doc. E8-23867 Filed 10-8-08; 8:45 am]

BILLING CODE 6560-50-P